GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS
IQ - brand, design & production GmbH, Schlitters, Austria

                                                                                                       *The company name is abbreviated and referred to as IQ brand in the GTCs

 

1. GENERAL

Unless otherwise expressly agreed in writing in individual cases, the following General Terms and Conditions of Delivery and Sale shall apply to all legal transactions based on which we sell goods to customers.

 

2. DEFINITIONS

These Terms and Conditions of Delivery and Sale apply to both delivery contracts and purchase contracts. The terms "customer, prices, etc." used in these General Terms and Conditions also include and mean "buyer, purchase price, etc."

 

3. CONCLUSION OF CONTRACT

Conflicting General Terms and Conditions of the Customer shall only be effective if they have been expressly recognized by IQ brand in writing. IQ brand's offers are non-binding and do not oblige IQ brand to accept them. All representatives of IQ brand are only authorized to bind IQ brand within the framework of these General Terms and Conditions of Contract. IQ brand shall not be bound by verbal agreements made with the representatives; special agreements deviating from these General Terms and Conditions shall only be effective in writing and require the express acceptance of IQ brand. The contract is concluded by written order confirmation by IQ brand or by actual delivery.

 

4. DELIVERY

Unless expressly agreed otherwise, delivery shall be ex works. Additional costs for special delivery requests shall be borne by the Customer. IQ brand shall endeavor to meet delivery deadlines, but agreed delivery deadlines are not to be understood as "fixed deadlines", rather the tolerances customary in the industry shall apply. The delivery period shall only commence at the end of the day of the order confirmation by IQ brand and the receipt of any agreed advance payment. If the Customer changes its order before delivery, the delivery period shall be interrupted and shall begin to run anew upon receipt of the changed order or upon receipt of the signed order confirmation. All cases of force majeure within the meaning of these terms and conditions shall release IQ brand from the fulfilment of the contract for the duration of the hindrance and in accordance with the extent of the hindrance; in such cases IQ brand shall also be entitled to withdraw from the contract at its own discretion. If IQ brand cancels the contract for the aforementioned reason, IQ brand shall only be obliged to repay the advance payment made without interest, but not to pay compensation. For the purposes of these terms and conditions, "force majeure" shall mean all circumstances independent of IQ brand's will, such as in particular late delivery by upstream suppliers, cases of force majeure in the narrower sense (e.g. war, conflagration, floods, earthquakes, etc.), unforeseeable operational disruptions, shortages of energy, materials and raw materials, official interventions, transport and customs clearance delays and labor disputes.

 

5. ASSUMPTION OF RISK, TRANSPORT INSURANCE, DEFAULT OF ACCEPTANCE

Even in the case of carriage paid delivery and delivery free Austrian border, as in the case of delivery ex works - irrespective of who bears the freight costs and who carries out the transport - the risk shall pass to the customer as soon as the goods are made available to the customer or the carrier at the factory in accordance with the contract. Transport insurance shall only be taken out at the request and expense of the customer. If the Customer is in default of acceptance or if the goods cannot be delivered to the Customer because it has not made the required payments, IQ brand shall be entitled to demand the customary local demurrage or storage fee as compensation from the beginning of the default of acceptance or the readiness of IQ brand to perform, without prejudice to further claims for damages and the other legal consequences of the default of acceptance.

 

6. WARRANTY, COMPENSATION FOR DAMAGES AND PRODUCT LIABILITY

a) The warranty period for the products and services of IQ brand is 2 years. Technical details in catalogues, brochures, price lists and the like are non-binding and may be changed as required. They shall only be binding for IQ brand if they are expressly recorded in the order confirmation from IQ brand. The products and services of IQ brand must be inspected by the Buyer immediately after acceptance and defects must be reported immediately in writing or by e-mail or fax. Delays in inspection and complaints shall result in the loss of all warranty and compensation claims. Any further processing or modification of the delivered products shall be deemed to be acknowledgement of the correctness of the delivery. The existence of a defect does not entitle the customer to rectify the defect himself or have it rectified by a third party, but IQ brand must be given the opportunity to rectify the defect within a reasonable period.

The ordered and delivered goods must be checked for completeness and damage within 3 days of delivery. Damage to the goods and shortages must be reported to us within 3 days.

b) The customer may only assert claims for damages in the event of gross negligence or intent. The customer must prove the existence of gross negligence. This also applies to cases of delayed delivery and defective delivery. Claims for damages shall in any case only include the costs of purely remedying the damage, but not consequential damage and loss of profit.

c) Product liability claims for material damage are excluded.

d) All documents supplied with the glasses must be passed on to the customer and IQ brand accepts no liability for them after resale of the product.

 

7. RETENTION OF TITLE

 

The delivered goods shall remain the property of IQ brand until payment in full (invoice amount, interest, expenses, and costs). IQ brand's ownership of the goods shall not expire because of handling or processing; on the contrary, it is expressly agreed that the item produced in this way is manufactured for IQ brand. The retention of title shall also remain in force for all claims that arise in connection with the delivered goods, namely claims from repairs, spare parts, and accessory deliveries. The Customer is obliged to insure the delivered goods against fire, water, and theft for as long as they are subject to retention of title. The claims of the Customer arising from these insurance contracts must be assigned to IQ brand and IQ brand must be notified of the assignment in writing. If the retention of title exists, the sale, pledging, transfer by way of security, leasing or other transfer of the delivered goods is not permitted without the written consent of IQ brand. In the event of intervention by creditors of the customer, in particular in the event of seizure of the delivered goods, the customer must notify IQ brand immediately by registered letter and bear the costs of measures to remedy the intervention, in particular intervention proceedings, if they cannot be collected from the other party. The Customer is obliged to keep the delivery item in proper condition for the duration of the retention of title and to have any necessary repairs carried out immediately at IQ brand's factory - except in emergencies. If the Customer does not fulfil his payment obligations and the obligations arising from IQ brand's retention of title, if he suspends his payments or if court settlement proceedings or bankruptcy proceedings are initiated against his assets, the entire remaining debt shall become due, even if bills of exchange are due later. If the entire remaining debt is not paid immediately, the Customer's right to use the delivered goods shall expire and IQ brand shall be entitled to demand the immediate return of the goods, excluding any rights of retention. All costs arising from the repossession of the delivered goods shall be borne by the Customer. Irrespective of the Customer's obligation to pay, IQ brand is entitled to realize the IQ brand product and accessories by private sale at the best possible price. If the Customer does not fulfil his obligations and IQ brand asserts the retention of title, it can in no case be objected that the delivered goods must serve to maintain the business.

 

7.1 POS MATERIAL

All POS material provided by IQ brand shall remain the property of IQ brand for an unlimited period and space. The same shall apply to displays and promotional material.

 

8. PAYMENT

Unless agreed separately, IQ brand's invoices shall be payable immediately upon receipt and without any deductions. Payments shall be credited to the oldest claim in each case. In case of doubt, an agreed payment period shall run from the invoice date. Bills of exchange and cheques shall only be accepted as payment by special agreement; all costs and expenses shall be borne by the Customer. IQ brand accepts no liability for the timely presentation and protesting of bills of exchange. If the Customer is in default of payment - even if not at fault - IQ brand shall be entitled to charge default interest of 11% and shall be reimbursed for all reminder and collection charges. These consequences of default shall also apply in the event of default of acceptance, without prejudice to further legal or contractual consequences of default of acceptance. If circumstances become known which appear to reduce the creditworthiness of the Customer, IQ brand shall be entitled to demand advance payments or to withdraw from the contract if these are not made. If, in the case of an instalment transaction, the Customer defaults on an instalment payment, bill of exchange or cheque in whole or in part, the entire remaining purchase price shall become due. The Customer shall only be entitled to offset counterclaims if these counterclaims are undisputed by IQ brand or if a legally binding execution title exists.

 

9. PROPERTY RIGHTS

The manufacturing process, patents and other know-how of the goods supplied by IQ brand are its intellectual property and are subject to its industrial property rights. Any infringement, in particular the production and/or distribution of IQ brand articles by third parties in violation of their rights shall be prosecuted. IQ brand expressly points out that IQ brand accepts no liability whatsoever for products that do not originate from its production. Only the original gloryfy® and its materials guarantee maximum quality, flexibility, and stability as well as a long service life. Due to the property right applications filed by IQ brand, imitators will be prosecuted directly by IQ brand's patent attorney and requested to cease and desist. The gloryfy® sales partner authorized by IQ brand is obliged to forward any infringements of industrial property rights in connection with IQ brand products to IQ brand immediately. So-called "customized" products are always provided with a manufacturer's reference. The authorized dealer is not entitled to sell to an aggressively priced online sales organization or auction formats or to set up their own web shop through which only gloryfy products are sold. There is a clear rule for the online sale of gloryfy products: Dealers may only sell gloryfy in the company's own web shop if they also stock gloryfy in their bricks-and-mortar shop and position it well. They may not create their own gloryfy Mono Brand online shops. The retailer is prohibited from reserving a domain that infringes IQ brand's trademark rights, specifically with the name "gloryfy" or "unbreakable".

For all social media channels, authorized dealers may not create any social media profiles, for example on Facebook, Instagram etc., with the names "gloryfy", "unbreakable" or "gloryfy unbreakable" or similar names that could be confused with the trademarks registered by IQ brand. Also, no postings may be made with the registered brand names "gloryfy" or "unbreakable", this applies to all social media channels or blogs.

Any changes to this must be authorized in writing by IQ brand.

 

10. PLACE OF FULFILMENT, PLACE OF JURISDICTION AND APPLICABLE LAW

The place of fulfilment for both parties is A-6262 Schlitters in Tirol. The place of jurisdiction for all disputes arising directly or indirectly from the contract (including claims arising from bills of exchange or cheques) is hereby agreed to be the Austrian court with subject-matter jurisdiction for A-6020 Innsbruck. Austrian substantive law shall apply to all disputes arising from contracts. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded. Only if the agreement on the applicability of Austrian law should be ineffective (e.g. in the course of litigation in a country of the "Third World") shall UN sales law (United Nations Convention on Contracts for the International Sale of Goods - Federal Law Gazette 1988/96) apply on a subsidiary basis. The contract language is German.

 

11. CHANGES TO PROVISIONS

We reserve the right to make subsequent changes to the above conditions if legal measures or changes in economic circumstances make this appear necessary.

 

12. PARTIAL INVALIDITY

Should individually provisions of these General Terms and Conditions of Delivery and Sale be or become legally invalid, this shall not affect the validity of all other provisions of these General Terms and Conditions. The invalid provision shall be replaced by a valid provision whose content comes as close as possible to the economic purpose of the invalid provision.

 

13. IMPRINT

Company information and liability

 

IQ brand, design & production GmbH

Dorfstr. 11, 6262 Schlitters

Austria

 

UID number: ATU55590300

German tax number: 182/122/64209

CH VAT number: CHE-257.367.657 MWST

CH-ZAZ account: 16582-2

Commercial Register Court: Innsbruck Regional Court / 6020 Innsbruck / Austria

Payable and actionable in Innsbruck.

Registered office: 6262 Schlitters

Trade law regulations: Trade regulations (www.ris.bka.gv.at)

Financial and tax number: 091/8926 - GLN (ILN)-Code: 91 2003189 0003

The transport and sales packaging of the delivered goods is free of charge. Our ARA license number: 17369

 

Phone: +43/5288/72800

E-mail: office@gloryfy.com

 

Managing Director: Christoph Egger

 

13.1 EU DISPUTE RESOLUTION

Information on online dispute resolution: Consumers have the option of submitting complaints to the EU's online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE. You can also send any complaints to the email address given above.

 

13.2 LIABILITY FOR THE CONTENT OF THIS WEBSITE

We are constantly developing the content of this website and endeavor to provide correct and up-to-date information. Unfortunately, we cannot accept any liability for the accuracy of all content on this website, especially that provided by third parties. If you notice any problematic or illegal content, please contact us immediately, you will find the contact details in the imprint.

 

13.3 LIABILITY FOR LINKS ON THIS WEBSITE

Our website contains links to other websites for whose content we are not responsible. If you notice any illegal links on our website, please contact us, you will find the contact details in the imprint.

 

13.4 COPYRIGHT NOTICE

All content on this website (images, photos, texts, videos) is subject to copyright. If necessary, we will take legal action against unauthorized use of parts of the content of our website.

 

13.5 PICTURE CREDITS

The images, photos and graphics on this website are protected by copyright. The image rights are held by our company.

 
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Orders with prescription:
0043 5288 72800-48
optics@gloryfy.com

 

Orders without prescription:
0043 5288 72800
order@gloryfy.com

SERVICE HOURS

Monday - Friday:
8 a.m. to 12 p.m. and
1 p.m. to 5 p.m.