General Terms And Conditions

General Terms and Conditions of Silent Quo GmbH

The following General Terms and Conditions (as of April 2021) apply to all orders placed via our online shop by consumers and entrepreneurs.

Consumers are consumers in the sense of the Consumer Protection Act (KSchG) and thus natural or legal persons who are not entrepreneurs. An entrepreneur is someone for whom the transaction is part of the operation of his business. An enterprise is any permanent organisation of independent economic activity, even if it is not profit-oriented. Legal entities under public law are always deemed to be entrepreneurs.

These GTC shall also apply to future business relations with entrepreneurs without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

Overview

Contracting party and conclusion of contract
Contract language and contract text storage
Terms of delivery and shipping information
Payment
Reservation of payment methods
Discounts
Right of withdrawal
Retention of title
Transport damages
Warranty and guarantees
Liability
Dispute resolution
Final provisions
Your contractual partner
Contracting party and conclusion of contract

The purchase contract is concluded with Silent Quo GmbH.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the button "Order subject to payment", you place a binding order for the goods contained in the shopping basket. The confirmation of receipt of your order together with the acceptance of the order will be sent immediately after sending by an automated e-mail. When the contract with us is concluded depends on the payment method you have chosen:

Klarna financing and Klarna invoice.
We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days. 

Klarna direct debit
When you place your order, you give the online provider Klarna a direct debit mandate. Klarna collects the invoice amount from your bank account. Klarna will inform you about the date of the direct debit within two days after receipt of your order. This concludes the contract with us.

With these Klarna payment options you can only pay in Austria and Germany. You can use them to pay up to your individual purchase limit, which is between 50 and 5,000 euros. Please contact Klarna directly for further information:

Klarna Austria: Tel. +43 720 88 3811
Klarna Germany: Tel. +49 221 669 501 10
Prepayment
We will accept your order by sending a declaration of acceptance in a separate e-mail within two days, in which we will give you our bank details.

Credit card
When you place your order, you enter your credit card details and the credit card company carries out an authorisation check. After your legitimation as a legitimate cardholder, the payment transaction will be initiated automatically and your credit card will be charged when you place the order. At the time of the credit card charge, the contract with us is concluded.

PayPal
During the order process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After submitting the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer. Please note that you can use this payment option to pay up to an order total of 8,000 euros per order.

Sofort by Klarna
After placing your order, you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment instruction. This concludes the contract with us.

Contract language and contract text storage

The language available for the conclusion of the contract is German.  
We do not store the text of the contract. The contract data will be stored by us and sent to you by e-mail. You can view past orders in your customer account. The prerequisite for this is a registration on our website.

Delivery conditions and shipping information

Shipping costs may be added to the stated product prices. You will find more detailed information about shipping costs in the offers. We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself. We do not deliver to packing stations.
 

Delivery within Austria, Germany
Our products are delivered to you by our forwarding partner -Austria, Germany . Your order will be handed over to you well packed, usually on a one-way pallet at the kerbside. However, in order to offer you all the conveniences of customer-friendly shopping, you can choose between different delivery options per order. 

We deliver smaller products, such as sound pictures, by post or parcel service in Austria and Germany, regardless of whether you have ordered sound pictures and products together. The place of delivery for goods sent by post or parcel service is the first lockable door.

Delivery outside Austria, Germany and the Netherlands
On request

Payment

The prices on our website and in the online shop are gross sales prices including 20% VAT and other price components. Money transfer charges for transfers from outside the EU are to be paid by the customer. Please select the option "Charging of expenses: to be borne by customer" when making the transfer!

In our online shop, the following payment methods are generally available:

Prepayment
If you choose payment in advance, we will give you our bank details in the confirmation of receipt of your order and deliver the goods after receipt of payment.

Credit card
When placing your order, you provide your credit card details. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged. You can pay at Silent Quo GmbH with Mastercard and Visa credit cards that support the security procedure "Verified by Visa" or "Mastercard SecureCode". We accept credit cards from all EU countries and Switzerland. When paying, you will be redirected to the page of our payment provider "SIX/Payunity" where you can enter your credit card details. You will also be asked to enter the SecureCode: for Visa cards this is the "Verified by Visa" password and for Mastercard cards the "Mastercard SecureCode" password. In most cases, you will then receive a security pin by SMS or e-mail. No credit card data is entered or stored on our site. Your credit card account will be charged upon completion of the order.

PayPal 
During the order process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process. Please note that you can pay with this payment option up to an order total of 8,000 euros per order.

Sofort by klarna (instant bank transfer)
After placing your order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited. 

Financing via Klarna
In cooperation with Klarna AB (www.klarna.at), Sveavägen 46, Stockholm, Sweden, we offer instalment purchase as a payment option. Please note that Klarna instalment purchase is only available to consumers and that payment must be made to Klarna. With Klarna's financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (with a minimum of €6.95). Further information on the instalment purchase including the General Terms and Conditions and the European standard information for consumer credit for the countries in which this payment method is available can be found here (only available in the countries indicated): Germany and Austria. You can use this Klarna payment option to pay up to the amount of your individual purchase limit, which is between 50 and 5,000 euros. 

Purchase on account via Klarna
In cooperation with Klarna AB (www.klarna.at), Sveavägen 46, Stockholm, Sweden, we offer purchase on account as a payment option. Please note that Klarna invoice are only available for consumers and that the payment must be made to Klarna in each case. When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The complete invoice terms for the countries in which this payment method is available can be found here (only available in the countries indicated): Germany and Austria. You can use this Klarna payment option to pay up to your individual purchase limit, which is between €50 and €5,000. 

Direct debit via Klarna
In cooperation with Klarna AB (www.klarna.at), Sveavägen 46, Stockholm, Sweden, we offer direct debit as a payment option. After a successful address and credit check during the ordering process, you issue a SEPA direct debit mandate to the online provider Klarna when placing the order. Klarna will inform you about the date of the direct debit. Upon submission of the direct debit mandate, Klarna will request your bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. For payment processing via Klarna, the GTC and the privacy policy of Klarna apply - in addition to our GTC. You will receive further information in the order process. This payment option is only available in the countries indicated: Germany and Austria. You can pay with this Klarna payment option up to the amount of your individual purchase limit, which is between 50 and 5,000 euros. 

The use of the payment methods invoice, hire purchase and direct debit via Klarna requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. Further information and Klarna's terms of use can be found on Klarna's website. For general information about Klarna, please visit the Klarna website. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's privacy policy. For further information, please contact Klarna directly:

Klarna Austria: Tel.+43 720 88 3811
Klarna Germany: Tel. +49 221 669 501 10
Reservation of payment methods

Silent Quo GmbH reserves the right to exclude certain methods of payment or to demand advance payment in individual cases within the framework of the legal provisions. A delay in your advance payment may result in a delayed delivery. We can only meet the delivery dates promised to you if you make your payment on time.

Discounts

Fairness is very important to us. Therefore, we do not participate in the widespread practice of granting discounts to customers that were previously calculated into the prices anyway. For reasons of fairness, we do not grant individual discounts and cash discounts.

Right of withdrawal

Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

Retention of title

The goods remain our property until full payment has been made.
For entrepreneurs, the following shall apply in addition: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.

Transport damage

The following applies to consumers
If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us without delay. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the Austrian Commercial Code (UGB) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect. 

Warranty and guarantees

The statutory law on liability for defects shall apply. Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.

For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 933b ABGB remain unaffected.

In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not assume any liability for public statements by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery). The above restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents:

in the event of injury to life, limb or health,
in case of intentional or grossly negligent breach of duty as well as fraudulent intent,
in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations),
within the scope of a guarantee promise, if agreed, or
insofar as the scope of application of the Product Liability Act is opened.
Liability

We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents:

in the event of injury to life, limb or health,
in the event of intentional or grossly negligent breach of duty,
in the case of warranty promises, insofar as agreed, or
insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

Dispute resolution

If you have a complaint, you can also contact us directly. Our e-mail address is: office(at)silent24.at. 

Final provisions

If you are an entrepreneur, German law applies under exclusion of the UN purchase right. If you are a businessman in the sense of the company code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

Your contractual partner

Silent Quo GmbH

Europastrasse 12, High Tech Campus
9524 St. Magdalen-Villach, Austria

T +43 (0)670 20 89 544
E office(at)silent24.at
www.silent24.at

Company register number: FN 5111334m
Commercial register court: LG Klagenfurt

Sales tax identification numbers:
Austria: ATU74394425

TRANSFERS / PAYMENTS TO:
Silent Quo GmbH, Kärntner Sparkasse Villach,
IBAN: AT85 2070 6045 0094 5912, BIC: KSPKAT2KXXX

General Terms And Conditions of Silent Quo GmbH in Villach, Austria