AGB - general trading conditions for final consumer (consumer)
Walter Toufar GmbH - on-line Shopping AGB

Area of Applicability of the General Trading Conditions
To the business relation between the Walter Toufar GmbH, in the following text abbreviated as WTG, and the orderer in general trading and between businesses which come on electronic way, the following general trading conditions at the time to the order valid version are valid. They are also valid for future businesses. Differing conditions of the orderer are not accepted by WTG, unless the WTG would have explicitly agreed to the applicability. Changes of the general trading conditions will be published and therefore effective on our websites www.cosart.com and www.toufar.com. If the registered orderer doesn?t agree to the changes he can quit his registration per e-mail promptly. Towards registered orderers the changed general trading conditions are valid if the registered orderer doesn?t quit his registration within 14 days per e-mail.

Conclusion of a contract
A contract between the WTG and the orderer comes off by an order and its acceptance by the WTG. The order takes place per transmission of the completely filled order form, which is available on the internet. The WTG accept the order by forwarding an order confirmation per e-mail or FAX. The orderer will be pointed in, that essential information about the WTG is available on the internet. As far as the information specified in § 5c KSchG doesn?t appear directly in connection with the offers, this information is callable on the websites. With consumer businesses the WTG will transmit a written confirmation of the in § 5c KSchG named information on time, during the fulfilment of the contract, however at the latest on supply of the goods, additionally to the published information on the internet, if they were not already given with the conclusion of a contract. The written confirmation is on a par with a confirmation on a, for the customer available, long-term data medium. Likewise information about the right to rescind, the address of the WTG?s department, that is responsible for complaints and reclamations, information about the customer service and the valid conditions of guarantee as well as periods of notice are conveyed.

Supply
Provided that the WTG and the orderer didn?t meet any other agreement orders are carried out within 30 days, if the conclusion of a contract comes off. The rejection of an order or the impossibility of the delivery is notified immediately, due payments are refunded. Information about delivery deadline is non-binding, as far as no binding delivery date was promised exceptionally. If the quoted delivery day can?t be kept (e.g. for technical reasons) the orderer is informed by telephone, letter or e-mail and the expected new delivery day is notified. Supply happens to the address, that is quoted by the orderer; we reserve the right on an eventual part delivery, if this is not expecting too much of the orderer in an isolated case. As soon as the ordered goods leave the WTG, the WTG doesn?t take the liability upon the goods any more.

Right of Return
The orderer has the possibility of returning or exchanging the ordered goods in refund of the purchase price ? in any case of reason (e.g. if the product doesn?t meet the expectations) - within 14 days after receipt of the goods. This deadline is maintained by sending the goods back to the WTG in time or by exchanging the goods on presentation of the delivery bill directly at the WTG in time. The returned goods have to be not used, flawless and factory-packed. Costs and risks of return are beared by the orderer. The withdrawl period extends 3 months, if the written information mentioned under point ?Conclusion of a Contract? is not conveyed to the consumer. If these are handed in later within the period of 3 months, a 7 days grace starts to run at that time.

Terms of payment, forwarding expenses and other expenses

In general no working expenses are charged and there is no minimum of order quantity!

Domestic (within Austria): The orderer is offered to pay by credit card, cash in advance and cash on delivery. The lump sum of forwarding expenses amounts EUR 6,-- included VAT in Austria and are dropped off by an order of EUR 36,-- worth of goods, VAT included. For cash on delivery EUR 4,50, VAT included, are charged. From the third order on there is the possibility of a supply in return for an open bill and settlement, but the WTG reserves the right of this decision. For orders outside the European Communitiy the VAT is dropped.

Abroad: The orderer is offered to pay by credit card or by cash in advance. In any case a lump sum of EUR 12,--, VAT included, for forwarding expenses is charged. Because of high costs, a supply by cash on delivery is not possible abroad. From the third order on there is the possibility of a supply in return for an open bill and settlement, but the WTG reserves the right of this decision. For orders outside the European Communitiy the VAT is dropped.

Reservation of Property The delivered goods remain the property of the WTG, until the complete payment of the price and any kind of additional expenses. The orderer doesn?t have them at his disposal.

Guarantee and liability The guarantee period amounts to 6 months starting from the delivery day of the goods. Obvious defects have to be notified in a written way by the latest 14 days after receipt of the goods.

Data security
Personal data, that are necessary for the conclusion of a contract, are placed at the WTG?s disposal by the orderer, saved for business transaction, but not passed on third. Of course all personal data are strictly confidentionally treated through the most modern security systems and are all protected against unauthorized access. The orderer accepts that the WTG can be obligated in accordance with § 89 TKG to participate in the monitoring of the communications traffic according to the regulations of the StPO.

Copyright
The WTG?s websites www.cosart.com and www.toufar.com enjoy copyright protection. The software may only be multiplied, worked with and decompiled in the context of the conditions of § 40 UrhG. Any duplication, circulation and other application is prohibited, if this surpasses a private use.

Legal DomicileFor all disputes the local competence of the responsible court in Vienna is agreed upon. Deviating from that the relevant legal domicile for consumer businesses applies after the consumer-protection-law of 1979. If there are several possibilities, the closest legal domicile to Vienna shall prevail.