General Terms and Conditions

1. Scope

1.1. For services and deliveries via the Sunbrite Webshop between customers and Tronitec d.o.o. (hereinafter referred to as “Seller”), the following General Terms and Conditions shall apply exclusively in the currently valid version, unless the Seller expressly referred to a different version. The customer acknowledges the exclusive validity of the General Terms and Conditions. This also applies to future transactions with entrepreneurs which are concluded outside the webshop, unless otherwise specified.

1.2. General terms and conditions or contract forms of the customer which conflict with these General Terms and Conditions shall be null and void in their entirety, regardless of the form in which they were brought to the attention of the Seller. An objection of the Seller is not necessary.

1.3. Our products are sold to both consumers and entrepreneurs. By clicking the checkbox “I have read and accept the General Terms and Conditions” in the shopping cart before placing an order, the buyer declares that they agree to and are bound by these General Terms and Conditions. These shall apply with the customer’s acceptance of the delivery at the latest.

1.4. Conflicting or deviating terms and conditions shall only become part of the contract in business transactions if expressly confirmed in writing by the Seller in individual cases. This shall also apply to deliveries to the customer that were unconditionally carried out even with knowledge of deviating or conflicting conditions.

1.5. Our products are to be used exclusively in a manner permitted by law. With the conclusion of the purchase contract, the customer undertakes not to use the product for any unlawful purpose. We also reserve the right to refuse or cancel a purchase contract if it becomes apparent that the product is to be used for an unlawful purpose. No liability is assumed for any use other than for the intended purpose.

2. Offer, Order and Right of Withdrawal

2.1. Our offer in the Webshop is non-binding, subject to confirmation and available as long as stocks last. At most, it constitutes an offer to place an order with us. Information about our products in catalogs, trade fair information, information on our website or otherwise does not constitute an offer, but is provided merely as product or price information.

2.2. The order made by a customer who is an adult with full legal capacity represents an offer to conclude a purchase contract.

2.3. The purchase contract is concluded by an explicit order confirmation of the Seller, by the delivery of the ordered goods, or by other express acceptance of the offer.

2.4. We reserve the right of ownership and user rights under copyright law as well as the know-how for illustrations, drawings, calculations or other documents made available to business customers in the course of placing or executing an order. The same applies to all documents marked as “confidential” by us. These materials may not be made available to third parties without our written consent.

2.5. When a customer visits the landing page of the website, they can find the products on the “Products” web page, accessed by clicking on the “Products” tab in the navigation bar on the web site.
Once on the “Products” web page, the customer may select a specific product and add it to the shopping cart, or they can visit the web page with the product description. Clicking the “Add to cart” button does not yet mean that the customer has submitted an order. The customer can also add a product to the cart from the product description web page by clicking the “Add to cart” button. Clicking the “Add to cart” button on the product description web page does yet mean that customer has submitted an order.

The customer can access the shopping cart containing the selected products by clicking the round green button next to the “Your cart” sign in the upper right corner of the website or the footer of the website. In the “Your cart” interface, the customer can decide whether they wish to keep the products in the cart, remove individual products from the cart, close the shopping cart pop-up window by clicking outside the pop-up window, refresh the shopping cart by clicking the “Update” button, or proceed with submitting the order by clicking on the “Checkout” button.
The “Checkout” web page is where the process of submitting the order takes place.

The customer must pass 3 stages to submit their order:

2.5.1. During the first stage, the customer must provide their personal or company information for the purpose of issuing an invoice.

If the customer is a natural person, they must provide their personal information. They must select their country of residence, fill in the fields with their first and last names, their home address, email address and phone number.
If the customer is a legal entity, they must provide the full name of the company, company VAT registration number, company address, email address and phone number.

2.5.2. During the second stage, the customer must enter the delivery information, but only if this information is different from the information provided for issuing the invoice or if the country, which the customer has selected for the delivery, is not supported by the Seller. The supported delivery countries include: Austria, Italy, Hungary, Croatia, the Czech Republic, Slovakia, Germany, the United Kingdom, Belgium, Bulgaria, Denmark, Estonia, France, Latvia, Lithuania, Luxembourg, Monaco, the Netherlands, Poland, Romania, Finland, Greece, Portugal, Ireland, Spain, Sweden, Andorra, Liechtenstein, Norway and San Marino. If the delivery information differs from the invoicing information, the customer must check the “Ship to a different address?” checkbox and fill in the fields with the required information.

2.5.3. During the third stage, the customer must review the order summary before confirming the order; add, remove or adjust the quantity of individual products in the order; and select the payment method. The customer can select from two payment methods, namely PayPal and card payment (provided by Stripe). In any case, the payment is executed at the payment provider’s website. The order is confirmed, or the purchase contract entered, once the customer checks the box specifying that they agree with the Terms and Conditions and Privacy Policy, and once the payment has been successfully processed. The customer does not have to confirm the order with an email.

After the payment has been processed and the customer receives an order confirmation to the email, which they have provided during the first stage of submitting their order. The website will store the above information until the deadline for the return of the product (i.e. 14 days from the successful order placement or entering the purchase contract – once the payment has been successfully processed), after which the information is deleted.

3. Consumer’s Right of Withdrawal

3.1. Consumers have the right to withdraw from this contract within 14 days without giving any reason.

3.2. Information on the right of withdrawal can be found on the website under “Right of Withdrawal”.

4. Delivery

4.1. Delivery is carried out by transport companies chosen by the Seller. The shipping costs are set out accordingly in section 5.1 of these General Terms and Conditions and on the website under “Shipping and Payment”.

4.2. Delivery follows immediately, but no later than within 30 days. Specific delivery dates are only binding if expressly agreed in writing. A delivery obligation shall only apply as soon as all the information required for the delivery has been provided by the customer.

4.3. Other information on delivery times should be regarded as estimates only and is not binding.

4.4. If all ordered products are not immediately deliverable, the immediately deliverable ones will be delivered promptly and the other ones as soon as they become available. In such a case, possible delivery costs will be charged only once. Wrong deliveries are to be announced immediately after receipt, the Seller bears the costs of the return.

4.5. When the product is shipped to consumers, the risk of loss and damage with the delivery passes onto the carrier or a third party designated by the carrier. If the consumer concludes the contract of carriage themselves without taking advantage of the suggestions on our part, the risk shall pass with the handover to the carrier. This also applies to returns.

4.6. If the product is shipped to entrepreneurs, the risk of loss and damage with the handover passes onto the carrier.

4.7. In the event of default in acceptance by the customer, the risk of loss and damage to the product passes onto the customer from that moment on. If the customer is an entrepreneur, the Seller is entitled to store the product themselves or with third parties and to charge a reasonable storage fee, but at least 0.1% of the price of the product per calendar day. The Seller may nevertheless continue to demand fulfillment of the contract or withdraw from the contract within a reasonable period of time.

4.8. Delay in delivery does not apply if unforeseen circumstances arise and the Seller is not responsible for them. This includes, in particular, cases of force majeure, operational disruptions, significant staff shortages, delays in the delivery of essential materials, or transportation difficulties. It is irrelevant whether these circumstances occur with the Seller or with third parties. In this case, the Seller is entitled to appropriately extend the delivery time by notifying the customer accordingly.

4.9. In the event of a delay in delivery, the customer is obliged to allow the Seller a reasonable deadline to render the service. After the deadline, the customer is entitled to withdraw from the contract.

5. Purchase Price and Payment

5.1. The purchase price is valid at the time of the order including statutory VAT plus all the costs incurred with shipment. The price is visible in the shopping cart before the conclusion of the contract and in the contract confirmation sent to the customer following the conclusion of the contract. If export or import duties fall due during shipment, these shall be borne by the customer, unless otherwise specified.

5.2. The payment methods are specified in the order process on the website.

5.3. The deduction of cash discounts, other concessions or rebates requires a written agreement.

5.4. In the event of a default in payment, the Seller shall be entitled to claim default interest at the statutory rate. The statutory rate of interest for monetary claims between entrepreneurs arising from business transactions is 9.2 percentage points above the base rate. If the customer is not at fault, the default interest rate shall be 4%. In the event of default in payment, we further reserve the right to claim €40 in collection costs in accordance with Article 458 of the Austrian Commercial Code (Unternehmensgesetzbuch, UGB).

5.5. If the customer is a consumer, the interest rate in the event of default shall be 4%.

5.6. In the event of default in payment, the customer undertakes to reimburse all costs incurred by the Seller that are necessary and proportionate for the appropriate proceedings.

6. Retention of Title

6.1. The Seller retains title to the delivered product until all claims arising from the business relationship have been settled in full. The customer is obliged to treat the product with care.

6.2. If the customer resells a product under title retention, they shall also pass on the retention of title. The customer shall immediately notify the Seller of any third party access thereto by providing the name and address of the third party. Pledges, bills of sale or other injunctions of a material nature may only be made with the consent of the Seller.

6.3. If the product is further processed, transformed or inseparably mixed, the Seller acquires joint ownership in proportion to the invoice value of the product, including all ancillary claims and VAT. The customer shall store the newly created objects free of charge.

6.4. A customer who sells the product within the framework of their ordinary business operations may only do so on condition that they have an agreement with their buyer regarding a corresponding retention of title and must assign to the Seller all claims up to the amount of the invoice value, including all ancillary claims and VAT arising from any resale against their buyer or any third party. Notwithstanding this assignment, the customer shall continue to be entitled to collect the claims if the Seller objects to this based not on objectively justified grounds. This shall not affect the Seller’s right of collection.

6.5. If payment is delayed by the customer and not made immediately after a reminder, the product subject to retention of title is to be returned promptly. The costs incurred are borne by the customer.

6.6. In the event of insolvency or default of payment by the customer, the Seller reserves the right to prohibit the sale or processing of the product subject to retention of title and to retrieve it at the expense and risk of the customer and to collect the claims from the resale themselves, realizing them on account of payment.

7. Warranty

7.1. The warranty for our products is subject to statutory provisions. A customer in consumer transactions must first be provided with a replacement or improvement if defects occur within 24 months from the handover of the product. If these are not considered, the buyer may demand a price reduction, and in cases of non-minor defects the contract to be rescinded.

7.2. Claims do not apply if defects are attributable to improper handling of the product, a violation of the instructions provided by the Seller, or improper storage.

7.3. Unless expressly agreed otherwise, the Seller shall assume, in particular, no warranty or other liability for properties other than those expressly agreed or for a specific usability of the product for particular purposes. Technical advice provided by the Seller is merely meant to serve as an orientation aid.

7.4. If it turns out that there is a defect which is not covered by warranty, the customer is obliged to reimburse the expenses incurred through the measures taken by the Seller.

7.5. If the transaction is a business transaction for the customer, the product must be inspected upon delivery without undue delay and defects reported to the Seller immediately in writing and with documentation attached (e.g. photographs). The same shall apply to defects which were not identifiable during the immediate inspection from the time of visibility. Failing to do so will result in the customer losing their rights to warranty.

7.6. For business transactions, the limitation period for warranty claims is 12 months from the handover and the customer bears the burden of proof that any defects were already present at the time of the handover.

7.7. A claim against the Seller pursuant to section 933b of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, AGB) is expressly excluded.

8. Compensation

8.1. The Seller is only liable to entrepreneurs for damages resulting from gross fault on the part of the Seller or their executing aides, insofar as the damage does not involve personal injury. This also includes loss of profit or actual damage in the form of a loss of proceeds, respectively.

8.2. Furthermore, liability towards entrepreneurs shall be limited to a maximum of 100% of the order value, irrespective of the legal grounds. Otherwise, all claims against the Seller shall become time-barred within 24 months from the handover of the product.

8.3. In the case of a business transaction, the customer must provide evidence of fault. Compensation towards the Seller for (defect) consequential damage, other damage to property, financial loss and damage to third parties is excluded. Recourse claims by the customer or third parties attributable to the customer on the basis of product liability are excluded in cases of slight negligence.

8.4. Legally binding claims pursuant to the Austrian Product Liability Law (Produkthaftungsgesetz, PHG) as well as other legally binding claims remain unaffected thereby.

9. Data Protection

9.1. The data provided by the customer will be used and processed exclusively for the fulfillment of the contract and in accordance with the statutory provisions, unless otherwise agreed. If necessary, the data will be disclosed to other companies, such as transport companies or the post office. They are contractually obliged to the Seller to also use the data exclusively within the scope and for the purpose of order processing.

9.2. Information on data protection is available on the website under “Data Protection”.

10. Conciliation Body for Consumers

10.1. Consumers have the possibility to file complaints with the European ODR platform: http://ec.europa.eu/odr.

10.2. Any consumer complaints may also be filed to us via email.

11. Applicable Law, Place of Performance

11.1. The Seller and the business customer agree on the application of Austrian law, with the exception of private international law and the UN Convention on Contracts for the International Sale of Goods.

11.2. The place of performance for all the services carried out as business transactions is the registered office of the Seller. The place of jurisdiction shall be the competent court in Klagenfurt.

12. Severability Clause

12.1. Insofar as a provision of these General Terms and Conditions is deemed to be invalid, unenforceable or void, the validity of the remaining provisions shall not be affected thereby. This also applies in the case of a regulatory gap.

12.2. In these cases, an appropriate, legally permissible regulation is deemed to have been agreed which comes closest to the economic purpose pursued at the time of the conclusion of the contract.