All our contracts are governed by the conditions below, even if these are not agreed separately in writing. Such conditions are accepted and agreed upon conclusion of the contract. Any terms and conditions which, regardless of their nature, stand contradictory to these General Terms and Conditions, are wholly ineffective, irrespective of the manner in which they are brought to our attention.
Deviations from these General Terms and Conditions require our written consent to attain legal effect. The agreement, for which this formal requirement shall be waived in future, must also be in writing. Silence over contradictory General Terms and Conditions does not constitute consent. We reserve the right to retain ownership of the goods until the purchase price has been paid in full. Our contracting partner is under an obligation to treat the goods with care while such right to retain ownership exists. Our contracting partner must regularly carry out any required maintenance and inspection work at their own expense.
Our contracting partner must notify us immediately in writing of all third party access to the delivered items. This applies in particular to enforcement measures, as well as any damage to or destruction of the contractual items. Any change of ownership must be notified immediately. The right to retain ownership remains in place even if the contractual items delivered by us are installed or used in other items.
Our contracting partner is not entitled to sell on the contractual items for as long as the right to retain ownership exists. If items are sold nonetheless, our contacting partner shall hereby assign to us all claims equivalent to the invoice amount that they assert against a third party, and shall undertake to make an entry to this effect in their books or invoices. We hereby accept this assignment. Following such assignment, we shall be entitled to collect the claim. If our contracting partner processes the goods to such an extent that the right of retention ceases to exist, we shall acquire co-ownership to the new item based on the value of the goods we have delivered. The same applies if our goods are processed or combined with other items.
Should this become necessary, our contracting partner shall take all appropriate measures and sign all documents required to justify and safeguard the right of retention. Our liability shall be limited to intent and gross negligence. Liability for ordinary negligence, compensation for consequential damage and financial loss, savings not realised, loss of interest and damages arising from third-party claims against our contracting partner are precluded.
The prices applicable upon conclusion of the contract as per our current price list will be charged. Our prices are ex-works, excluding packaging and loading. Insofar as delivery and transport are agreed, the prices exclude unloading and transport of the contractual items to the point of installation. This agreement is governed solely by Austrian law.
The exclusive place of jurisdiction for all legal disputes ensuing, either directly or indirectly, from our business relationships and contracts, shall be the competent court in A-6800 Feldkirch. If individual provisions of these General Terms and Conditions are or become ineffective either in whole or in part, the validity of the remaining provisions shall not be affected. The wholly or partially ineffective regulation shall be replaced by one which comes closest in its economic purpose to the original.
Therefore, we assure you that MARTIN will handle your personal information responsibly. In giving this declaration, you consent to MARTIN collecting, processing and using your personal data as itemised below for the stated purposes. This consent can be revoked with future effect at any time by sending an email to: firstname.lastname@example.org.
The responsible party to the extent required by the Data Protection Act is Josef Martin GmbH.
Information we receive from you helps us shape procedures at MARTIN for your benefit. We use this information for our business activities and to provision services. We also use this information to communicate with you via email, update our data records, maintain and manage your customer accounts with us and replicate the contents thereof.
We also use this information to improve our platform, prevent any misuse of our website and enable third parties to provide technical, logistical and other services on our behalf.
Any information you give to us: We record and save all information that you enter on our website or transmit to us through any other channel.
We treat your information as strictly confidential. Information about our customers is very important and helps us optimise the products and services we provide. At no time does our business activity include selling or passing on customer information to third parties.
We pass on to third parties the information we receive only to the extent described below: Service providers: We assign other companies and individuals to accomplish tasks on our behalf. Examples include emails, processing payments via credit card companies (e.g. Visa, Mastercard etc.). These service providers have access to the personal information they need to accomplish the tasks assigned to them. However, they are not allowed to use such information for any other purpose. Moreover, they are obliged to treat the information in accordance with this data protection declaration and the applicable data protection laws.
Protection of MARTIN and third parties: We disclose customer accounts and customers’ personal data whenever we are under a legal obligation to do so, or if such disclosure is required to enforce our General Terms and Conditions or other agreements, or to protect our rights and the rights of our customers and such third parties. We hereby explicitly state that data are not disclosed to these companies for any economic use that stands contrary to this data protection declaration. With your consent: In all other cases, we shall notify you whenever personal data are to be disclosed to third parties in order to give you the opportunity to grant your consent.
Whenever personal information is disclosed to third parties to the extent described above, or information is passed on to countries outside of the European Economic Area (EEA), we ensure that such disclosure complies with this data protection declaration and the latest laws on data protection.
We implement physical, electronic and technical security procedures for the collection, saving and disclosure of our customers’ personal information. Such security procedures include occasionally asking you to furnish proof of your identity before we disclose personal information to you.
It is important that you protect yourself against unauthorised access to your password and computer. If you share your computer with other people, ensure you log out at the end of every session.
MARTIN Data Protection explanation (last updated: 01.05.2007)