These Terms and Conditions apply to all business relationships between A. Devils e.U. (Austria Devils) and
commercial customers, dealers, restaurateurs, and resellers (B2B). A right of withdrawal
is not granted.
Company: A. Devils e.U. (Austria Devils)
Owner: Michael Kuntner
Registered Office: Preglstraße 1, A-4600 Wels, Austria
E-mail: m.kuntner@austria-devils.at
VAT ID: ATU78306879
Company Register Number: FN 583554 v
Commercial Register Court: Regional Court Wels
• All prices are in Euro (€), net, plus the applicable statutory VAT and any deposit or packaging fees, which will be shown separately.
• All offers are subject to change and non-binding. A contract is only concluded upon written order confirmation or delivery.
• Price changes are possible at any time and apply from the time of announcement, unless expressly agreed otherwise.
• Buyer’s orders are only considered accepted when they have been confirmed in writing by A. Devils e.U. or an invoice has been issued. Until then, there is no obligation to deliver or perform.
• Minimum order quantities (e.g., trays, cartons, or Euro pallets) may be set depending on the product or agreement.
• Deviating purchase or business conditions of the buyer will not become part of the contract, even if they are not expressly objected to.
Only the Terms and Conditions of A. Devils e.U. apply.
• Payment by prepayment, bank transfer, or by agreement.
• Standard: 7 days net, unless otherwise agreed.
• Cash discounts or other deductions are only granted if explicitly stated on the invoice.
• In case of default in payment: default interest of 10% above the base interest rate p.a. will be due. Additionally, a late fee of €30 and necessary legal costs will be charged.
• Costs for returned direct debits are borne by the customer (buyer).
• Delivery is ex works (EXW).
• The risk passes to the buyer upon handover to the freight forwarder/carrier.
• Delivery dates are non-binding, unless expressly fixed in writing.
• Default in acceptance entitles A. Devils e.U. (Austria Devils) to charge for storage and
handling costs.
• The buyer is obliged to inspect the delivery (goods) immediately upon handover.
• Visible damages must be documented immediately in writing, including photos, and noted on the delivery note or the delivery driver’s scan.
• Complaints about visible damages are only possible within 24 hours of receipt of the goods. Later notifications cannot be accepted.
• Hidden damages must be reported immediately upon discovery, at the latest 48 hours after delivery, in writing, including photos.
• No further liability or acceptance of complaints outside these deadlines will be granted.
With respect to entrepreneurs within the meaning of the Austrian Commercial Code (UGB), the warranty for the delivered goods is completely excluded.
Any claims arising from warranty, including improvement, exchange, price reduction or cancellation, are excluded.
This does not apply to cases of fraudulently concealed defects or for any warranted characteristics.
• The seller’s liability is limited to intent and gross negligence.
• Liability for slight negligence, consequential damages, indirect damages, or lost profits is excluded.
• Damages resulting from improper storage or handling of the goods will not be covered.
• Insofar as liability is mandatory by law, this remains unaffected.
• The delivered goods remain the property of A. Devils e.U. until full payment, unless otherwise agreed.
• Resale or processing of the reserved goods is only permitted in the ordinary course of business.
• Claims arising for the buyer from the resale of the reserved goods are hereby automatically assigned in advance to A. Devils e.U. (assignment for security).
• The buyer is obliged to treat the reserved goods with care and, upon request, to prove the retention of title to third parties.
• Entrepreneurs are not entitled to a statutory right of withdrawal.
• Returns are made exclusively on a voluntary basis and only after prior written agreement.
• No credit will be granted for opened, tampered with, or damaged goods.
• The return shipment is at the buyer’s expense and risk, unless otherwise agreed.
• The buyer is obliged to store the delivered goods under the prescribed storage conditions, especially regarding temperature, dryness, and cleanliness.
• Expired or damaged goods will not be replaced or credited.
• Any manipulation, repackaging, or refilling of the goods is prohibited.
• The goods may only be sold in originally sealed containers.
• Returns of unsold goods are excluded.
• The use of logos, product images, brand materials, and other protected content of A. Devils e.U. is only permitted with prior written approval.
• The seller reserves the right to prohibit price promotions, advertising measures, or marketing presentations that harm the brand image or contradict the brand guidelines.
• The unauthorized use, reproduction, or distribution of the brands “Austria Devils” and “Austria Angels,” as well as all associated graphic and textual brand components, is strictly prohibited.
• In case of violations, A. Devils e.U. reserves the right to initiate legal action and claim damages incurred.
Personal data of the buyer will be processed exclusively for the purpose of contract processing, delivery, invoicing and customer communication.
A transfer to third parties only takes place if this is necessary for the business transaction (e.g. transport service providers, payment service providers).
The current data protection declaration at www.austria-devils.at applies, which is part of this agreement.
Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
For all disputes arising from or in connection with this contract, the exclusive place of jurisdiction for entrepreneurs within the meaning of the Austrian Commercial Code (UGB) is 4600 Wels.
The statutory rules on jurisdiction apply to consumers.
Should a provision of these terms and conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
Instead of the invalid or unenforceable provision, a regulation shall be deemed agreed that comes closest to the economic purpose of the original provision.
The same applies to any regulatory gaps.
