Terms and Conditions
The seller is LITHOS Industrial Minerals GmbH,
Address: Wirtschaftspark Str. 2/8, A-4482 Ennsdorf,
VAT ID: ATU 68232156; commercial register number: FN 68232156 (hereinafter referred to as LITHOS).
The terms and conditions given below shall apply to all contracts, purchase orders, deliveries, and other services. Any deviating provisions of the contracting party shall herewith be expressly excluded. Any subsidiary agreements are subject to our written confirmation!
All prices are quoted in euros and include the statutory VAT of 20%. Minor deviations, changes in design and technical modifications compared to our pictures or descriptions are possible and do not establish any right on the part of the buyer.
3) Delivery and payment
Terms of delivery for B2B customers are agreed in advance. In the event of unforeseen changes the costumer will be notified immediately about these changes. In case the recipient is unable to take delivery, we will double shipping costs.
Lithos will normally assign the freight forwarder, unless the costumer wishes to organize transport and bear the related costs. In that case, no delivery costs will be charged by Lithos.
The terms of payment for B2B customers are bank transfer within 14 days upon receipt of invoice without any deductions. Lithos reserves the right to demand prepayment before sending goods.
In case of a customer’s failure to adhere to the pre-agreed payment terms, statutory default interest at the rate applicable to transactions (§ 456 UGB), corresponding reminder fees (§ 458 UGB) and if required the costs of consulting and instructing a lawyer to collect the outstanding amount will be charged. In case of uncertainty, please referred to BGBl 1996/141.
Lithos is obliged to render performance of all services and commitments until payment of the outstanding amount.
4) Bank details
The bank details required for the transfer will be given to you after placement of the order!
5) Right of revocation
The right of revocation shall apply to consignments inside the EU. The following right of revocation applies only to unopened/sealed goods. You may revoke your order within 14 days after receiving the goods without stating any reasons. The revocation shall be asserted in writing or by returning the goods. Punctual dispatch to LITHOS will be sufficient to comply with the time limit.
In the event of revocation, once we have received the goods from you we will reimburse you for any payments made. You are obligated to return the goods at your own risk, unless you have already sent them together with the letter of revocation.
In any event, you will be responsible for the costs of dispatching and returning the goods. In the case of consignments returned from outside Austria, sufficient carriage must be paid! We will not accept any consignments sent carriage unpaid or part-paid. When goods are returned damaged or used, LITHOS shall be entitled to claim compensation.
LITHOS will not accept any liability for damage caused by the use of the purchased products, especially in cases of improper use. Claims in tort shall be excluded.
Implied warranty is 2 years after delivery. In case of complaint the date of purchase shall be substantiated by presenting the invoice, and the rejected article shall be sent to LITHOS or dropped off personally. The warranty does not apply to normal wear and tear. Any modification of the delivered goods on the part of the customer, or any improper use, will void the warranty.
During the warranty period LITHOS shall have a right of improvement free of charge for the customer. Moreover, the article may be exchanged in part or in whole. In the event that defects are not remedied within a reasonable time the buyer shall be entitled to redhibition or a reduction in price.
8) Reservation of title
LITHOS retains title to the goods until payment has been made in full!
9) Intellectual property
LITHOS reserves all rights to all designs, texts and graphical representations on its website. Any copying or other reproduction of the entire website and/or parts thereof shall be permitted only for the purpose of placing an order with LITHOS. The name of LITHOS, all page headers, navigation bars, graphical representations and buttons are registered trademarks, private labels or brands of LITHOS. All other trademarks, product names or company names, and/or logos quoted on this website are the sole property of the respective proprietors. LITHOS retains title and reserves the copyright to pictures, drawings, calculations and other documents. The customer shall not pass them on to any third party without the express prior written consent of LITHOS.
10) Data protection
As far as the collection, processing, and use of personal data is concerned LITHOS undertakes to comply with the provisions of the Austrian Data Protection Act and the pertinent rules of law. Any customer data obtained during order processing will be used only for internal market research purposes. They will not be disclosed to third-party partner companies except as absolutely necessary for the proper performance of the services (order processing). The customer agrees to such use of his data. Moreover, he shall be entitled, upon inquiry, to inspect the data stored about him at any time, and to forbid the use thereof for internal marketing research purposes.
11) Place of venue and governing law
The place of venue shall be the headquarters of LITHOS. The legal relationship shall be governed by the laws of Austria.
12) Final provisions
The selling of goods specified in printed catalogues and flyers and in the Online Store of LITHOS shall be exclusively subject to the GTC in force at the time when the contract is concluded. These terms and conditions shall apply, in particular, even if they should differ from those of the customer. Moreover, the delivery of software shall be subject to the producer's licence terms as enclosed with the data carrier or included therein. By opening the sealed data carrier the customer expressly accepts the validity of these term and conditions. In the event that certain provisions of these GTC should be or become ineffective, the effectiveness of the other provisions shall remain unaffected. In all other regards, LITHOS reserves the right to amend these General Terms and Conditions at any time.