Terms and Conditions
General Conditions and PRO-ICON Warranty
1. Definitions
In these Terms and Conditions:
• "Customer" means any natural or legal person or entity purchasing products from the Manufacturer.
• "Equipment" refers to all products and devices described in the Manufacturer's offer, quotation, or invoice.
• Headings are for convenience only and do not affect interpretation.
2. Scope of Application
1. These Terms and Conditions apply exclusively to all contracts, deliveries, and services of the Manufacturer.
2. Any conflicting or additional terms proposed by the Customer are expressly excluded.
3. By placing an order, the Customer agrees to these Terms and Conditions.
4. These Terms constitute the entire agreement between the parties.
3. Amendments and Side Agreements
1. The Manufacturer reserves the right to amend these Terms where legally permissible.
2. Amendments become effective upon publication or notification.
3. Side agreements require written form.
4. Technical Documentation and Intellectual Property
1. All technical documents, prices, images, designs, specifications, software, and documentation remain the Manufacturer's intellectual and industrial property.
2. Reproduction or disclosure without prior written consent is prohibited.
3. The Customer shall treat all non-public information as confidential.
5. Conclusion of Contract / Orders
1. Any order constitutes a binding offer by the Customer.
2. A contract is concluded only upon written confirmation by the Manufacturer.
3. Verbal agreements are valid only if confirmed in writing.
6. Cancellation
1. Cancellation by the Customer requires the Manufacturer's written approval.
2. Approved cancellations entitle the Manufacturer to charge costs already incurred.
3. Payments made are non-refundable to the extent permitted by law.
7. Warranty
1. Electronic main board: Two (2) years warranty from delivery.
2. Internal battery: One (1) year warranty, excluding normal wear.
3. Third-party products: Covered solely by the original manufacturer's warranty.
4. Textiles and cables: Warranty against manufacturing defects for fifteen (15) days from delivery.
5. The warranty does not cover damage caused by misuse or external factors.
6. Warranty is void in particular in cases of:
• unauthorized modifications
• mechanical damage, fire, water, power surges, or force majeure
• installation of unauthorized software
7. Warranty and service inquiries shall be addressed to: info@pro-icon.com
8. Transfer of Risk
Risk of loss or damage transfers to the Customer upon departure of the goods from the Manufacturer's premises.
9. Limitation of Liability
1. The Manufacturer is liable only in cases of intent or gross negligence, to the extent permitted by law.
2. Liability for indirect damages or loss of profit is excluded.
3. Mandatory statutory liability remains unaffected.
10. Prices and Payment
1. Prices are as stated in the offer or invoice.
2. Prices exclude shipping, customs duties, taxes, and VAT unless otherwise agreed.
3. Late payment constitutes a material breach.
4. Payments are non-refundable.
11. Delivery
1. Delivery dates are non-binding unless expressly agreed in writing.
2. In case of refusal or delay of acceptance, additional costs may be charged.
12. Retention of Title
1. Ownership of the goods remains with the Manufacturer until full payment is received.
2. In case of breach, the Manufacturer may reclaim the goods.
3. Until transfer of ownership, the Customer must handle the goods with due care.
13. Governing Law and Jurisdiction
1. Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
2. Exclusive jurisdiction is Vienna, Austria, where legally permissible.
3. In case of discrepancies, the German version shall prevail.
Manufacturer
Pro-Icon Group GmbH
Darwingasse 17
1020 Vienna
Austria
Email: info@pro-icon.com