The general trading terms of Play Art Multimedia Handels GmbH are the basis of all deliveries and business related legal activities with its customers. All and any deviating business terms and conditions of the customer are hereby rejected.

The trading platform of Play Art Multimedia Handels GmbH constitutes offers subject to confirmations. Prices exclude VAT, include packaging and freight. If delivery to a final destination is agreed, such delivery and transport insurance requested by the purchaser shall be invoiced separately. However this will not include unloading and carrying.

In case of an order deviating from the customary range offered, the seller reserves the right to adjust prices accordingly.

Prices are based on costs obtained at the time of first quotation. In the event that costs have increased by the time of delivery, Play Art Multimedia Handels GmbH shall have the right to adjust prices accordingly.

The delivery period starts with the last of the below points in time:

Date of order confirmation.

Date of receipt by the Supplier of payment of a first instalment or guarantee prior to the delivery of the goods.

If stipulated times of delivery are exceeding up to two weeks, the Customer shall have no right to rescind the contract.

If the agreed delivery deadline is overshot by more than two weeks, a grace period can be defined.

Play Art Multimedia Handels GmbH is entitled to make partial deliveries at all times which shall be deemed to be independent transactions.

In case of unforeseeable or uncontrollable circumstances, as for example all cases of force majeure, the time for delivery will be extended by the duration of the unforeseeable event. This includes in particular armed conflicts, official interventions and prohibitions, transport and customs clearance delays, damage in transit, energy and raw material shortages, labor disputes and loss of an essential supplier who is difficult to replace. These aforementioned circumstances also entitle to the extension of the delivery time, if they occur to suppliers.

Play Art Multimedia Handels GmbH shall be held responsible only after an additional period of time has expired, and only if the default was caused intentionally or by gross negligence. Damages can only be claimed in the amount as it was foreseeable at the time of conclusion of the contract.

All invoices are payable within the agreed payment period. Payments of the contractual partner can also be offset against other outstanding claims regardless of other terms and conditions of the Customer.

In case of customer default or other contractual breach of duty (as e.g. settlement negotiations) all outstanding claims of Play Art Multimedia Handels GmbH are due with immediate effect. For overdue payments Play Art Multimedia Handels GmbH is entitled to default interest in the amount of 4% over the statutory basic interest rate of the European Central Bank from the time payment was due.

All delivered goods shall remain property of Play Art Multimedia Handels GmbH pending full and complete payment of all present and future claims. Play Art Multimedia Handels GmbH reserves the right of property of goods delivered, including all costs and interests caused to Play Art Multimedia Handels GmbH, which shall only be sold subject to proper business.

The client assigns to Play Art Multimedia Handels GmbH as of now and in advance all claims arising for him from any re-sale of the goods subject to retention of title. If requested by Play Art Multimedia Handels GmbH, the customer shall disclose all details required for collection of any assigned claims and inform the debtors about the assignment. Until cancellation and without prejudice to the right of collecting the claim assigned to Play Art Multimedia Handels GmbH, the Customer is entitled to collect such claims in the normal course of business as long as the claims of Play Art Multimedia Handels GmbH aren’t overdue.  If the security interest in favour of Play Art Multimedia Handels GmbH exceeds its claims by more than 20%, Play Art Multimedia Handels GmbH shall release securities in an appropriate amount according its own choice on request from the Customer. Breach of contract by the Customer, especially default of payment despite payment reminders, entitles Play Art Multimedia Handels GmbH to immediately revoke collection authorisations. The exercise of rights arising from the reservation of title shall not be deemed a rescission of the contract.

Play Art Multimedia Handels GmbH is entitled to withdraw from the contract, if circumstances become apparent after conclusion of contract which call a customer’s credit standing into question like e.g. the initiation of an insolvency proceeding.

Returns must be announced in writing and shall be accepted by Play Art Multimedia Handels GmbH in writing. Not announced returns will not be accepted and will be returned at the sender’s expenses. Accepted returns must be undamaged and in saleable condition. Only freight prepaid returns will be accepted.

Legal warranty periods apply. Goods are to be inspected immediately after delivery. Play Art Multimedia Handels GmbH is to be notified in writing about quantity errors, wrong deliveries and obvious defects no later than 7 days after delivery of the goods. The warranty shall only be applicable, if it is proven that defects existed before the passing of risk. In case of justified complaints Play Art Multimedia Handels GmbH has the choice of either replacement or repairs. Any further warranty claims are excluded. The assignment of warranty claims and claims for damages through the Customer to third parties is preluded. Claims for compensation by a Customer, in particular for unacceptable service, positive breach of an obligation, negligence in contracting or unlawful acts are excluded unless these are due to intent or gross negligence on the part of Play Art Multimedia Handels GmbH. To the extent as Play Art Multimedia Handels GmbH shall be committed to pay damage compensation, the amount shall be limited to the invoice value of the assignment in question.

Place of fulfilment / Legal jurisdiction
Place of fulfilment is Koblach, Austria, legal jurisdiction is Feldkirch, Austria.

Should any provision of the contract or these regulations be invalid, the effectiveness of the remaining regulations shall remain unchanged. The invalid provision shall be replaced by a valid regulation that comes closest to the original economic purpose.

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