General Terms and Conditions of Sale, Payment and Delivery as well as General Terms and Conditions for Online Trading


General terms and conditions of sale, payment and delivery


I. Validity


1. our offers, deliveries and services are exclusively subject to the following General Terms and Conditions of Sale, Payment and Delivery (in short "GCSD"). These GCSD are available on the homepage of ISA-TEX GmbH and are an integral part of any contractual and contractual agreement between ISA-TEX GmbH and the customer/contractual partner.
Any deviating agreements as well as the agreement of other General Terms and Conditions of Sale, Payment and Delivery than the present GCSD shall require the written agreement of both contracting parties in order to be valid, otherwise exclusively the GCSD of ISA-TEX GmbH shall be deemed to be agreed.

II. severability clause


(1) If any provision of the GCSD is or becomes invalid, this shall not invalidate the remaining provisions of the GCSD and the parties shall replace them with valid and legally permissible provisions that are as close as possible to the essence and content of the provision to be amended.
(2) If any provision of the GCSD is invalid or unenforceable in the international legal system, the amendment shall be made only with respect to the invalid or unenforceable provision, otherwise the GCSD shall remain in full force and effect. ISA-TEX GmbH shall be responsible for the written formulation of the amended provision for adaptation to the international legal system.

III Offers/ Conclusion of Contract


1. offers made to ISA-TEX GmbH or one of its employees must be confirmed in writing by ISA-TEX GmbH in order to be accepted.
2. an implied acceptance without written confirmation on the part of ISA-TEX GmbH is excluded.
3. in consideration of point III.1 contracts which do not agree with the GCSD and do not have the consent of ISA-TEX GmbH are to be qualified as not accepted.
4. offers of ISA-TEX GmbH are subject to confirmation, unless otherwise stated in writing.

IV. Samples


Illustrations, drawings, dimensions etc. in catalogs, offers, brochures and the homepage etc. are not binding. The specification of the goods necessary for delivery shall be made on separate sample drawings and on the basis of the respective individual agreement with the customer/contractual partner.

V. Clothing sizes


1. the body size tables of ISA-TEX GmbH are available for size selection. At the customer's request, pieces can also be made for fitting against separate reimbursement of costs.
2. the choice of size is made exclusively by the customer/contract partner who is responsible for the correctness according to his production specifications.
3. ISA-TEX GmbH does not assume any liability or guarantee for the fact that the delivered goods / material shrinks / changes due to external or internal influences (chemical, heat, cold, etc., laundry), which are outside the usual - and by label, additional or use instructions agreed upon delivery - application and the area of use of the goods, and does not retain the clothing size. The burden of proof that the size defect already existed at the time of delivery rests with the customer / contractual partner.

VI. return shipments / size exchange / delivery tolerance


1. the contractually delivered goods can only be taken back in case of a justified notice of defects.
2. an exchange of sizes of contractually delivered goods is only possible with the prior consent of ISA-TEX GmbH and against payment of all related exchange costs.
3. return shipments and an exchange of sizes are only possible for goods in original, undamaged condition.
4. the customer/contractual partner takes note of the fact that ISA-TEX GmbH does not assume liability for an exact number of pieces of the delivery of the ordered goods, if this has not been agreed separately. Production-related fluctuations in the number of pieces due to the use of materials in production shall be borne by the customer/contractual partner and deviations in the number of pieces of -/+ 5% of the order quantity shall be expressly agreed and the mutual complaint / liability for damages shall be excluded.

VII Notice of defects


1. a notice of defects by the customer/contractual partner has to be made known to ISA-TEX GmbH in writing indirectly after delivery, at the latest, however, after 14 days, otherwise the delivered goods shall be deemed to be free of defects.
2. goods determined as defective by ISA-TEX GmbH can be replaced by ISA-TEX GmbH by defect-free goods with debt-discharging effect from the time of completion of the inspection of the defective goods by ISA-TEX GmbH. The customer/contractual partner has to enable ISA-TEX GmbH to inspect the entire rejected goods, otherwise he expressly waives a claim for replacement/exchange after prior written reminder by ISA-TEX GmbH.
3. a notice of defects does not entitle the customer/contractual partner to refuse further acceptance of contractually agreed deliveries.

VIII. Charges


ISA-TEX GmbH reserves the right to increase its prices until the day of acceptance of the contract by the customer/contractual partner if material costs, wage costs, levies, taxes or customs duties increase between the acceptance of the order and the day of delivery.

IX. Payment


1. payments are due from the date of invoice by ISA-TEX GmbH and are to be made to the account stated in the invoice.
Separate payment periods, discounts or cash discounts require a written agreement in order to be valid.

X. Invoices / Invoice address


Invoices can be sent by post, by fax or by electronic means.
The customer/client shall notify ISA-TEX GmbH in writing of any changes in the invoice address, failing which the invoice address stated when the order was placed shall be deemed to be the final address and delivery address.

XI. Default of payment / non-performance / reminder and lawyer's fees


(1) In the event of default in payment / non-performance of the services owed under the respective contract / order, the customer / contractual partner shall pay default interest in the amount of 8% percent above the base interest rate.
2. the customer / contractual partner has to bear the further reminder costs and lawyer's fees caused by the delay of payment.
3. in case of default of payment ISA-TEX GmbH is entitled to withhold services until the customer/contractual partner has fulfilled the obligation. The customer/contractual partner shall bear any additional costs associated with this.

XII. Disclaimer


1. ISA-TEX GmbH is not liable in case of any kind of operational disturbances, other events of force majeure, as well as other circumstances which are not in the sphere of ISA-TEX GmbH and which prevent the production and delivery of the goods.
2. ISA-TEX GmbH is only liable for third parties or companies, which ISA-TEX GmbH uses for the fulfillment of an order, if they are responsible for the selection.
3. The liability of ISA-TEX GmbH is limited to the value of the order/delivery of goods.

XIII Retention of title


The goods remain the property of ISA-TEX GmbH until full payment of the purchase price, including all claims. Pledging or transfer of ownership by way of security before transfer of ownership of the goods to the customer/contractual partner is excluded.

XIV Delivery Conditions / Delivery Periods


1. it is agreed that all deliveries shall be subject to the delivery conditions as specified in the offer. The INCOTERMS are to be taken into account.
Changes to these delivery conditions are possible at the expense of the customer/contractual partner with written agreement.
3. stated delivery periods are non-binding as approximate data, unless a separate forward transaction has been agreed.
4. ISA-TEX GmbH is entitled to make partial deliveries or early deliveries to the customer / contract partner. In case of non-compliance with a stated delivery date, for whatever reason, ISA-TEX GmbH is in any case entitled to deliver and carry out the agreed delivery within a reasonable period of grace with debt-discharging effect.

XV. Violation of industrial property rights/ samples and signs


1. If the customer/contractual partner provides ISA-TEX GmbH with samples, signs, templates and materials, it is considered as agreed that these have the exclusive right and permission for use and ISA-TEX GmbH is to be indemnified and held harmless from the use and further processing.
2. the customer/contractual partner is not allowed to pass on or exploit patterns/models/collection designs/sample designations to third parties. The customer / contractual partner acquires ownership exclusively of the purchased product, but not of the intellectual creation underlying the product and the production technology, which remains the property of ISA-TEX GmbH.

VI. Assignment authorization


ISA-TEX GmbH is free to assign due claims against the customer / contracting party to third parties after the conclusion of the business transaction.

XVII. Applicable law


(1) All legal transactions between ISA-TEX GmbH and its customers/contractual partners shall be governed by Austrian law.
The applicability of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

XVIII. Jurisdiction and place of performance


The place of jurisdiction and performance is 9020 Klagenfurt, Austria.
Validity of the GTC as of September 2015

General terms and conditions for online trade


ISA-TEX GmbH offers website functionalities and other products and services if you use the ISA-TEX website or buy and order on the website (ISA- TEX GmbH - Services) or use software provided by ISA-TEX GmbH in one of the preceding contexts.
In the online store and sales area of ISA-TEX GmbH, these general terms and conditions for online trade apply in consideration of and in addition to the general terms and conditions of sale, payment and delivery (AVZLB) of ISA-TEX GmbH. By completing the order process, the consumer/customer confirms to have read and accepted these terms and conditions.
The provision of the products and services available in the online store by ISA-TEX GmbH is carried out within the framework of their trade law licensing requirements.
ISA-TEX GmbH provides the services/purchase and order functions on its website exclusively in accordance with the General Terms and Conditions for Online Trade stated on this page (GTC).

Online - Terms of use


Please read these terms carefully before using the ISA-TEX GmbH services. By using the ISA-TEX GmbH Services, you agree to be bound by these terms. We offer the ISA-TEX GmbH Services in online commerce for the features, qualifications and quantifications described separately for each product in the Web Shop.
When you use and place an ISA-TEX GmbH Service / Online Order, you are subject to the terms and conditions of these TOS.

1. data protection


Please also read our Privacy Policy, which also applies to your use of ISA-TEX GmbH Services.

2. Electronic Communication


When you use an ISA-TEX GmbH Service or send emails, text messages or other communications to us from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, including through email, text messages, InApp push messages, or by posting electronic messages, or other communications on our website or as part of other ISA-TEX GmbH Service.
For contractual purposes, you agree to receive electronic communications from us, and you agree that all consents, notices, disclosures, and other communications that we provide to you electronically are not required to be in writing, unless mandatory legal requirements require another form of communication.

3. database and copyright


All content included or made available on any ISA-TEX GmbH service, such as text, graphics, logos, buttons, icons, images, audio clips, digital downloads and data compilations, is the property of ISA-TEX GmbH or third parties supplying content or making it available on the website, and is protected by Austrian and international copyright laws. Also, the entire content included in or provided through any ISA-TEX GmbH service is the exclusive property of ISA-TEX GmbH and is protected by Austrian and international copyright laws. You may not extract and/or reuse any portion of ISA-TEX GmbH Services without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of any ISA-TEX GmbH Service without ISA-TEX GmbH's express written consent. You also may not create and/or publish your own database that features substantial (e.g., our pricing and product information) parts of ISA-TEX GmbH's online store without ISA-TEX GmbH's express written consent.

4. license and access/ links


No ISA-TEX GmbH service or any part thereof may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information without our express written consent. You may not use any meta tags or any other "hidden text" utilizing ISA-TEX GmbH's name or trademarks and marks without our express written consent. You may not misuse the ISA-TEX Services. You may use the ISA-TEX GmbH Services only as permitted by law. The rights of use granted by ISA-TEX GmbH only with written consent expire if you do not comply with these Terms of Use or the Terms of Service.
In the case of links to other online offers or other websites, we assume no liability for the content, functionality of external Internet offers or the content of these websites.

5. customer account


If you use the ISA-TEX GmbH Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and to the extent permitted under applicable law, you agree to be responsible for all activities that occur under your account or password. You should take all steps necessary to ensure that your password is kept secret and secure, and you should notify ISA-TEX GmbH immediately if you have reason to be concerned that a third party has gained knowledge of your password or that the password is being, or is likely to be, used in an unauthorized manner. You are responsible for ensuring that the information you provide to ISA-TEX GmbH is accurate and complete and for notifying ISA-TEX GmbH of any changes regarding the information you provide. You may view and update much of the information you have given, as well as your account settings, in the My Account section through the website. You may not use the ISA-TEX GmbH Service: (i) in any manner that is likely to interrupt, damage or otherwise impair the ISA-TEX GmbH Service or access thereto; or (ii) for fraudulent purposes or in connection with any crime or unlawful activity; or (iii) to cause annoyance, inconvenience or anxiety. We reserve the right to withhold Services from you on the Site, terminate Member accounts, or remove or modify Content if you violate any applicable law, these Terms of Use, or any other applicable contractual terms or policies.

6. intellectual property rights of third parties / copyright


ISA-TEX GmbH respects the intellectual property rights of third parties. If you are of the opinion that your intellectual property rights have been used in a way that gives reason to fear an infringement, please contact ISA-TEX GmbH in writing.

7 Liability for data transmission


We always try to ensure that the ISA-TEX GmbH services are available without interruptions and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to ISA-TEX GmbH Services may occasionally be interrupted or limited to allow for repairs, maintenance, or the introduction of new equipment or services. We will attempt to limit the frequency and duration of any such temporary interruption or restriction. ISA-TEX GmbH shall be liable without limitation to the extent that the cause of damage is based on an intentional or grossly negligent breach of duty by ISA-TEX GmbH or a legal representative or vicarious agent. Furthermore, ISA-TEX GmbH is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which you regularly rely. In this case, however, ISA-TEX GmbH shall only be liable for the foreseeable damage typical for the contract. ISA-TEX GmbH is not liable for the slightly negligent violation of other obligations than those mentioned in the preceding sentences. The above limitations of liability do not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in case of fraudulently concealed defects. The liability according to the product liability law remains unaffected. As far as the liability of ISA-TEX GmbH is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

8. changes of services or terms of use


We reserve the right to make changes to ISA-TEX GmbH services, rules, conditions including these terms of use and the terms of service at any time. You are subject to the Terms of Service, Terms of Agreement, and Terms of Use in effect at the time you use the ISA-TEX Services. If any of these terms are held invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
If you breach these Terms of Use and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms of Use.

9. Applicable Law


Austrian law shall apply to all legal transactions between ISA-TEX GmbH and its customers/contractual partners.
The applicability of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

10. contact information


ISA-TEX GMBH
Baumit Street 1
9020 Klagenfurt
Mail: office@isa-tex.com
+43-463-503 726

11. Conclusion of contract/ invoice delivery


Your order represents an offer by ISA-TEX GmbH to conclude a purchase contract. When you place an order with ISA-TEX GmbH, we will send you a message confirming that we have received your order and listing its details (order confirmation). This order confirmation does not represent an acceptance of your offer, but is only intended to inform you that we have received your order. A sales contract is only concluded when we ship the ordered product to you and confirm the shipment to you with a separate invoice - email in your customer account / your email copy (shipping confirmation).
If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us regarding each shipping confirmation for the products listed in the respective shipping confirmation. The contracting party is ISA-TEX GmbH.
You agree to receive invoices electronically. Electronic invoices will be made available to you in PDF format in the My Account section of the website. We will inform you for each delivery in the shipping confirmation if an electronic invoice is available.

12. right of withdrawal


1. as a "consumer" in the sense of § 1 KSchG you have the right to withdraw from your contract within 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several partial shipments or pieces) (receipt of goods), or from the day of the conclusion of the contract, without giving reasons. As an "entrepreneur" this right of withdrawal is excluded.
To exercise your right of withdrawal, you must inform ISA-TEX GmbH of your decision to withdraw from this contract.
2. the provisions on returns / size exchange / delivery tolerance / clothing sizes and notice of defects of the GTC of ISA-TEX GmbH shall apply as expressly agreed.
3. you can submit your declaration of withdrawal exclusively to the hand of the contact address listed in point 10. of these conditions only in writing.
4. to preserve the right of withdrawal, it is sufficient that you send the notice of withdrawal before the expiry of the withdrawal period and you have returned the goods within the period defined below.
5. exclusion of the right of withdrawal: The consumer is not entitled to the right of withdrawal if - he himself initiated the business connection with ISA-TEX GmbH for the purpose of concluding the contract; - if the conclusion of the contract was not preceded by discussions between the parties involved or their representatives; - in the case of contracts in which the mutual services are to be provided immediately, if they are usually concluded by entrepreneurs outside business premises and the agreed remuneration does not exceed EUR 25, or if the business is not operated in permanent business premises by its nature and the remuneration does not exceed EUR 50; -in the case of contracts which are subject to the Distance and Outward Transactions Act. For the entrepreneur, this right of withdrawal is excluded.
Furthermore, neither the entrepreneur nor the consumer is entitled to the right of withdrawal in the following contracts: Delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery and handover, or which were inseparably mixed with other goods after delivery due to their nature;
6. consequences of withdrawal: If you withdraw from this contract, we will refund you all payments for the purchased goods that we have received from you and we will refund the cost of the cheapest standard delivery offered by us. This repayment will be made without undue delay and at the latest, subject to the situations mentioned below, within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. We will not charge you any fees for the repayment in any case. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. 7.
7. you must return the goods immediately and in any case no later than within fourteen days from the day on which you notify us of the withdrawal of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. In this case, you have to bear the regular costs of return if the delivered goods correspond to the ordered goods and if the price of the item to be returned does not exceed an amount of 100 euros or if, in the case of a higher price of the item, you have not yet provided the consideration or a contractually agreed partial payment at the time of the cancellation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

13. reservation of proprietary rights


ISA-TEX GmbH remains the owner of the object of purchase until the purchase price has been paid in full.