General Terms and Conditions

of Sperandio Limited Partnership, Keimlgutgasse 12, 4040 Linz, as amended on 1st August 2014
StillDragon Europe is a business of Sperandio Limited Partnership

§ 1 Scope of Application

Any kind of business activity of our company is exclusively carried out based on these general terms and conditions as amended at the time of conclusion of a contract.

Our business activity is addressed to entrepreneurs and businesses according to § 1 Austrian Commercial Code (UGB), as well as professionals, farmers and lumberjacks which act as entrepreneurs or businesses.

Should it nonetheless get down to a consumer transaction, deviating inalienable legal requirements are classified as accepted.

§ 2 Conclusion of Contract

Our offers are without commitment. Your order represents an offer to us to conclude a contract, to which you are bound for 14 days from the time of admission. The conclusion of a contract results from our order confirmation or execution. An automated order acceptance from our shop system is no order confirmation, but only the information that your order has been received.

§ 3 Right of Revocation Instruction

You as entrepreneur are excluded from contract revocation. Should you withdraw from a contract unwarranted or demand its cancellation, it is in our discretion to insist on fulfillment of the contract or approve its revocation, at which in the latter case you are obliged to indemnity in the amount of 50% of the gross invoice total or the actual loss occurred at our option.

In case the objective contract nonetheless is a consumer transaction in distant selling within the European Union, you have the right to revoke the contract within 14 days upon complete receipt of the goods without giving reasons, except it is about individually fabricated, tailored, pervertible or goods with expiration date. This right of revocation expires prematurely by unsealing of sealed goods, use of goods not suitable to be returned for reasons of sanitary protection or hygiene, as well as for goods irreversibly mixed with other goods after delivery due to their nature. For exercising this right of revocation you have to inform us in due time of your decision to revoke the contract by a written statement, at which it is sufficient if you send your statement before the period of revocation ends. You can send your revocation statement using the contact form of our shop system and will receive a confirmation for the receipt of your revocation instantly. Such a contract revocation results in us having to reimburse all payments received from you including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) right after return of the goods. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless that is technically not possible or you have explicitly agreed otherwise. In no case you will be charged fees as a result of such reimbursement. In any case the reimbursement will be done in EUR, even if you have initiated the initial transaction in another currency. You have to send or give back the goods right after and in any case latest within 14 days from the day of announcing your contract revocation. The deadline is met if you send the goods before that period of 14 days ends. You bear the costs and risk of returning the goods. Your are only liable for any diminished value of the goods as a result of handling other than what is necessary to examine the nature, characteristics and functionality of the goods.

§ 4 Prices

All our mentioned prices are exclusive value added tax plus shipping costs, unless explicitly stated otherwise.

Deliveries in Austria or to another country within the tax territory of the European Union without stating a valid VAT number are subject to statutory value added tax, which will be added before order completion.

Deliveries to countries outside the tax territory of the European Union may be subject to import customs clearance in the receiving country. All charges, custom duties and taxes involved with this are to be covered by you. As importer you are responsible of abidance by the laws of the receiving country.

Price marking in our product catalog is done with utmost care. If in case of mislabeling the correct price should be higher than the stated price, we will contact you before order execution, at which you then can decide to buy at the correct price or cancel your order. If in case of mislabeling the correct price should be lower then the stated price, we will execute the order at the correct price.

§ 5 Estimates of Costs

Estimates of costs are made to the best of our knowledge, but we can not assume responsibility for their correctness. In case of a cost increase of more than 15% after placing the order we will contact you immediately. An inevitable cost overrun up to 15% does not require a separate communication and can be brought to account by us without further ado. If not agreed otherwise, order modifications or additional orders can be brought to account at reasonable prices.

§ 6 Payment

We accept payment by different payment methods. These will be shown by our shop system before completion of the order transaction. We reserve the right to not offer certain payment methods in individual cases. Certain payment methods can cause additional charges, about which you will be informed before conclusion of the contract. Payment is done in EUR, even if the payment transaction is initiated by you in a different currency.

For individually commissioned goods a deposit of 50% of the goods' value has to be made, at which the order will be initiated only after the deposit has been received. All orders have to be fully paid before delivery. The invoiced amount is payable on receipt of the invoice.

We keep the property in all goods until fully paid.

In case of delayed payment on your part, we are entitled to demand compensation for damages actually occurred or interest on late payments as well as compound interest in statutory rate from the day of the due date.

§ 7 Delivery

Shipping costs and shipping risk have to be born by you. Delivery is done to the shipping addresses provided by you. All statements about availability, shipping or delivery, as well as shipping or delivery dates are without obligation. Should we discover that goods you ordered are not available when processing your order, we will contact you immediately. Should we be unable to deliver the goods you ordered without actual fault permanently, we reserve the right to withdraw from the contract.

For deliveries which can not be shipped by parcel due to their nature, and for which shipping costs can not reasonably be stated in advance, arising expenses will be charged.

Should the delivery of a shipment not be possible for reasons in your area of influence, you have to bear the costs for the unsuccessful delivery, return and storage. This particularly applies on providing a wrong shipping address, default of acceptance or refusal of a delivery as well.

Parcels shipped by Austrian Post are automatically insured up to a value of 510 EUR, an additional transport insurance can be offered for value. You are obligated to inspect a delivery at handover by the carrier and report an apparent transport damage to the deliverer. A not apparent transport damage has to be reported to the local delivery service immediately after its discovery.

§ 8 Return of Goods

A return of goods has to be requested through our shop system independently of the reason for return, please see the order history in your customer account. An approved return has to be packaged in due form and sent in to the specified return address with the return merchandise authorization number (RMA number) applied clearly visible immediately. Shipping costs and shipping risk for the return have to be born by you. Returns without notion of the RMA number, as well as returns without the proper postage, can not be accepted by us.

§ 9 Warranty

Our warranty is limited to 1 year from the time of delivery, and restricted to faults already present in the condition of delivery for new goods with exemption of reversal of evidence. You are obliged to check delivered goods for freedom from defects immediately upon receipt. Apparent defects have to be reported to us in writing within 14 days from receiving the goods, not apparent defects immediately after their discovery, otherwise warranty claims are excluded. Transport damages are not covered by our warranty. Except in cases, in which the right of transformation is entitled by law, we reserve the right to fulfill warranty claims by improvement, replacement or reduction of price at our choice. Cession of these claims by you is excluded.

In case this is nonetheless about a consumer transaction within the European Union, implied warranty by-law for consumer transactions is classified as accepted, at which warranty for new goods is limited to 2 years, for used goods to 1 year from the time of delivery, and restricted to faults already present in the condition of delivery.

§ 10 Liability, Indemnity

A claim for indemnity for ordinary negligence on our part, apart from injury to persons, is excluded. In case of grossly negligent violation of essential contractual obligations on our part the obligation to indemnify for damage to property is limited to the typically occurred damage.

In case of supplementary performance by replacement delivery within the scope of warranty the return of the faulty goods has to be carried out by you in compliance with the law. We reserve the right to claim compensation for damages in compliance with the requirements regulated by law.

Insofar as not resulting from the aforesaid, further claims by you regardless on what scores are excluded. We are not liable for damages which did not occur on the delivered goods themselves. In particular we are not liable for loss of profit or other financial losses. Insofar as our contractual liability is excluded or limited, that applies to personal liability of employees, representatives and assistants too.

We assume no liability for applicability of our goods for your intended use. The same applies for mere optical deviations which do not affect the proper use of the goods. In case the goods are not professionally installed and/or used, liability or warranty for resulting damages or faults are excluded.

In case of assertion of warranty rights you are obliged to reimburse us costs incurred, if you deliberately or negligently have misjudged that the good are not actually faulty or that the fault can not derive from our area of accountability.

A claim of recourse according to § 933b Austrian Civil Code (ABGB) is excluded. A claim of recourse according to § 12 Product Liability Act (PHG) is excluded, except the recourse beneficiary proves that the fault was caused in our area of accountability at least by gross negligence.

§ 11 Unilateral Change of Merit

Factually justified and marginal changes of merit can be conducted by us and are classified as approved beforehand. This particularly applies to deviations due to the object, like dimensions or material alloy, as well as exceeding delivery times, at which we will inform you immediately after a delay emerges.

§ 12 Copyright, Arrangement of Confidentiality

Any plans, design, estimates of costs and other documents, like leaflets, catalogs, samples, presentations and the like remain our sole intellectual property. Any use, particularly dissemination, reproduction, publication and allocation including only partial copying requires our explicit written approval. All things mentioned above can be reclaimed by us at any time and are to be returned to us unasked immediately in any case if no conclusion of contract comes about.

Furthermore you are sworn to secrecy of knowledge obtained from the business relationship with us towards third parties.

§ 13 Final Provisions

This agreement shall be governed exclusively by Austrian law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Exclusive place of jurisdiction and fulfillment is the place of our business.

All agreements, belated amendments, additions, subsidiary arrangements etc. must be in written form for legal effectiveness.

Offsetting our claims against counterclaims of any kind is excluded.

You agree to receive invoices electronically.

In the event of spelling, printing or arithmetic errors, we reserve the right to withdraw from a contract.

Should individual provisions of these general terms and conditions be or become ineffective or invalid in whole or in part, the effectiveness of the remaining general terms and conditions shall not be prejudiced. The ineffective or invalid provisions shall be replaced by the statutory provisions.

These general terms and conditions are available in German and English language. In case of divergences the German version shall prevail.

You will find further information about our business and contact details on our website www.StillDragon.eu