from:
Heep Technology
DI Horst Emathinger
Grasbergerstraße 41/8
8020 Graz, Austria

The GTC can be downloaded here.

Version: 01/2025

1.    General

These General Terms and Conditions (hereinafter referred to as ‘GTC’) apply to all contracts concluded between DI Horst Emathinger, owner of the unrecorded sole proprietorship with the business name Heep Technology (hereinafter referred to as ‘Heep Technology’) and consumers and companies (hereinafter referred to as ‘customers’) with regard to the products of Heep Technology in the currently valid version, which is available on the website www.heeptec.com/agb .

The German version of these GTC is the only legally binding one. Any translations are for the sole purpose of providing information to the customer. In the event of any ambiguities or doubts, the German version must always be consulted and/or Heep Technology must be contacted for clarification before the contract is concluded. A consumer is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.

These GTC shall also apply to future transactions with entrepreneurs without Heep Technology having to refer to them again. Other conditions are not valid and are therefore expressly contradicted. Heep Technology must expressly agree in writing to any deviating, conflicting, earlier, restrictive or supplementary terms and conditions and regulations of the contractual partner in order for these to become part of the contract in individual cases. In particular, acts of contract fulfilment on the side of Heep Technology shall not be deemed to be consent to any terms and conditions deviating from these GTC. The GTC shall also apply to subsequent orders, even if they are not agreed separately orally or in writing.

2.    Object and conclusion of a contract

The subject of the contract is the sale of products and services offered in the web shop or in physical sales, which have been developed exclusively for use in motorsport and are not authorised for use on public roads.

All offers and prices quoted on the website or in the physical shop are non-binding and are to be understood as an invitation to the customer to make a legally binding offer. When ordering in Heep Technology's webshop, it is the customer's responsibility to submit a legally binding offer to Heep Technology and at the same time to confirm by selecting the appropriate and designated field that he has read and agrees to Heep Technology's terms and conditions.

A contract offer from a customer requires a written order confirmation from Heep Technology. The dispatch of the product ordered by the customer also brings about the conclusion of the contract.

If the customer places an order without a prior offer from Heep Technology, the contract shall only be deemed to have been concluded after Heep Technology has issued a written order confirmation. An order can only be placed if the complete customer data (full name, address, e-mail address, optional telephone number) are provided.

Cost estimates are provided without guarantee and are subject to a charge. Consumers are informed of the obligation to pay before the cost estimate is prepared. If an order is placed for all services included in the cost estimate, the fee for the cost estimate will be credited to the invoice in question. Procedures deviating from this regulation require an express written agreement between Heep Technology and the customer in individual cases.

Alternatively, an order can also be placed in the Heep Technology webshop. By clicking on the order button ‘Buy now’, ‘Pay’, ‘Order with costs’, ‘PayPal’ or ‘eps’, a binding offer is made for the goods contained in the shopping basket. The contract is only concluded when Heep Technology accepts the order, in particular by sending an order confirmation by e-mail.

The products selected by the customer from the web shop are placed in the virtual shopping basket. The shopping basket can be called up at any time via the designated button in the navigation bar and the customer can call up the goods intended for purchase at any time and make changes. Before sending the order, the customer has the opportunity to check the intended order once again. By clicking on the order button ‘Buy now’, ‘Pay’, ‘Order with costs’, ‘PayPal’ or ‘eps’, the customer agrees to purchase the Heep Technology products contained in the shopping basket at the prices shown there. In doing so, the customer makes a binding offer to the seller and the pre-contractual information for consumers and these GTC are recognised as solely authoritative. The customer will be notified automatically of receipt of the order. It is expressly pointed out that this process does not constitute acceptance of the offer. The purchase contract is only validly concluded when the order confirmation is sent by e-mail or the goods are dispatched to the customer. As the order confirmation including all information required in connection with the conclusion of the contract is sent to the customer by e-mail, the customer must ensure that the e-mail address provided by him when placing the order is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

The customer is bound by his declaration of purchase from the moment he places the order. The statutory right of cancellation (right of withdrawal) for consumers remains unaffected. If Heep Technology cannot fulfil the customer's order because the ordered goods are not available or obstacles arise in the production of the ordered goods, Heep Technology will inform the customer immediately after becoming aware of this fact. Payments already made will be refunded to the customer immediately.

Contracts are concluded exclusively in German language.

3.    Prices

Prices are not to be understood as all-inclusive prices.

All prices quoted by Heep Technology for consumers include the statutory value added tax, for entrepreneurs exclude the statutory value added tax. Prices quoted in the webshop are always inclusive of VAT. Delivery and shipping costs are not included. All prices quoted are in EURO, unless expressly stated otherwise.

Heep Technology is entitled to adjust prices if, during the term of the contract, cost centres relevant to the calculation or costs necessary for the provision of services, such as those for materials, energy transport, external work, financing, employee wages, etc., change upwards or downwards. The prices offered by Heep Technology are always variable. The increase or decrease in the purchase price of goods or labour costs is based on the change in the wholesale price index. The starting point is always the index value published for that month when the contract is concluded.

Upon conclusion of the contract, the customer undertakes to pay the purchase price in full, including shipping costs.

Shipping costs are not included in the purchase price. These are shown separately in the virtual shopping basket during the ordering process or on the offer when ordering outside the web shop. The shipping costs are shown per order.

Discount and voucher codes cannot be subsequently applied to orders.

The customer must arrange for the professional and environmentally friendly disposal of old material. If Heep Technology is commissioned to do this separately, Heep Technology is entitled to an appropriate fee, which is agreed separately.

Heep Technology is entitled to an appropriate fee for the services ordered by the customer, which are not covered in the original order.

4.    Payment terms

Invoices are due for payment immediately upon receipt, whereby deviating payment terms can be agreed in individual cases.

In the case of contracts between Heep Technology and business customers, different due dates and payment periods can also be agreed individually.

Various payment options are available to the customer for distance selling orders, which are displayed during the ordering process and can be selected by the customer. Unless expressly agreed otherwise, the product shall only be delivered once the invoice has been paid in full.

In the event of late payment, Heep Technology is entitled to charge interest on arrears at the rate of 12% p.a.; this does not affect any further claims (in particular the reimbursement of collection costs). The customer is liable - even in the case of default of payment through no fault of his own - for reminder and collection charges incurred by Heep Technology, insofar as they were necessary and reasonable for the appropriate prosecution.

If the payment deadline is exceeded (in the case of partial invoices with only one invoice), any remuneration granted (rebates, discounts, discounts, cash discounts, etc.) shall be forfeited and added to the invoice.

If the entrepreneurial customer is in default of payment within the framework of other contractual relationships existing with Heep Technology, Heep Technology is entitled to suspend the fulfilment of its obligations under this contract until fulfilment by the customer. Furthermore, Heep Technology is entitled to declare due all claims for services already rendered from the current business relationship with the customer. This only applies to consumers as customers in the event that an overdue service has been due for at least six weeks and Heep Technology has unsuccessfully reminded the customer under threat of this consequence, setting a grace period of at least two weeks.

The customer is only entitled to a right of set-off insofar as counterclaims have been established by a court or recognised by Heep Technology. Consumers as customers are also entitled to a right of set-off insofar as counterclaims are legally related to the customer's payment obligation and in the event of insolvency of Heep Technology.

5.    Obligations of the customer to cooperate

Heep Technology's obligation to perform the service begins at the earliest as soon as the customer has created all organisational, structural, technical and legal prerequisites for execution, which were described in the contract or in information provided to the customer prior to conclusion of the contract or which the customer should have known due to relevant expertise or experience.

In particular, the customer must provide the necessary information about the structural conditions, available equipment and work equipment as well as the technical specifications, special features and the condition of these, specifications regarding relevant interfaces and connection components as well as their special features and condition, escape routes, other possible obstacles, sources of interference or sources of danger and any planned changes in this regard without being requested to do so.

The customer shall arrange for the necessary permits and authorisations from third parties as well as notifications and approvals from authorities at its own expense.

The equipment required for the performance of the service, including trial operation, shall be provided by the customer at the customer's expense.

The customer shall be liable for ensuring that the necessary organisational, structural, technical and legal requirements for the work to be produced or the object of purchase are met, which were described in the contract or in information provided to the customer prior to the conclusion of the contract or which the customer should have been aware of on the basis of relevant specialist knowledge or experience.

If required, the customer must provide Heep Technology free of charge with sufficient quantity and size of lockable rooms for the stay of persons as well as for the storage of tools and materials for the time of performance of the service.

The customer is not entitled to assign claims and rights arising from the contractual relationship without the written consent of Heep Technology.

6.    Execution of services

Heep Technology is only obliged to take into account subsequent change and extension requests of the customer if they are necessary for technical reasons in order to achieve the purpose of the contract.

Objectively justified minor changes to the performance of Heep Technology that are reasonable for the entrepreneurial customer shall be deemed to have been approved in advance. This right only exists vis-à-vis consumers if it is negotiated on a case-by-case basis. If, for whatever reason, the order is amended or supplemented after it has been placed, the delivery/service period shall be extended by a reasonable period of time.

In the event of a significant change in the contractual obligations after conclusion of the contract for the purpose of adaptation to the needs of the customer (e.g. the customer wishes a service execution within a shorter period of time), Heep Technology is entitled to charge the customer for the necessary additional material and labour costs. This also applies to a comprehensive examination of whether and under what conditions a change or extension is feasible, but only to consumers if this has been pointed out in writing.

Objectively justified (e.g. project scope, project progress, etc.) partial deliveries and services are permissible and can be invoiced separately.

7.    Performance deadlines and dates

Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer.

Heep Technology is not liable for incorrect data of any kind in the course of the ordering process, such as in particular incorrect delivery addresses and delays or damage caused thereby. If the transport company returns the goods to Heep Technology because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the lack of delivery is due to circumstances for which the customer is not responsible or if he was temporarily prevented from accepting the goods, unless the service was announced by Heep Technology a reasonable time in advance.

If the start of the performance of the service or the performance is delayed or interrupted due to circumstances attributable to the customer, in particular due to a breach of the duty to co-operate in accordance with point 5 of these GTC, performance deadlines shall be extended accordingly and agreed completion dates shall be postponed accordingly.

Delivery dates are only binding for business customers if compliance with them has been agreed in writing.

In the event of delays in delivery due to force majeure, such as natural disasters or strikes at the delivery companies or due to other circumstances for which Heep Technology is not responsible (including official measures in the context of an epidemic/pandemic or wars), Heep Technology is entitled to make up for the delivery after the reason for the hindrance has ceased to exist.

Deliveries to other European countries are possible, but the buyer must bear all import and export charges, including any customs duties, fees and charges, particularly in the case of deliveries to a non-EEA country. These are not included in the purchase price of the goods.

If the customer refuses acceptance, Heep Technology shall be released from all further performance and delivery obligations and shall be entitled to withhold outstanding deliveries or services and to withdraw from the contract.

In the event of a delay in performance by Heep Technology, the customer is entitled and obliged to set a reasonable grace period for the fulfilment of the contract and, in the event that performance is still not rendered within this period, to withdraw from the contract with a separate declaration. The following also applies in the B2B area: The grace period must be set in writing and expressly designated as such.

In the event of an unjustified cancellation of the contract by the customer, Heep Technology is nevertheless entitled to the agreed remuneration (§ 1168 ABGB). For B2B transactions, the following also applies: Savings or income from other purchases must not be taken into account.

8.    Transfer of risk

For the transfer of risk when sending the goods to the consumer, § 7b KSchG (Austria) applies.

The risk shall pass to the entrepreneurial customer as soon as Heep Technology holds the object of purchase, the material or the work ready for collection from the factory or warehouse, delivers it itself or hands it over to a carrier.

The entrepreneurial customer will insure himself against this risk accordingly. Heep Technology undertakes to take out transport insurance at the written request of the customer at the customer's expense. The customer authorises any customary mode of dispatch.

9.    Goods provided

If equipment or other materials are provided by the customer, Heep Technology is entitled to charge the customer a surcharge of 5% of the value of the equipment or material provided.

Such devices and other materials provided by the customer are not subject to warranty.

The quality and operational readiness of provided equipment is the responsibility of the customer.

10.    Retention of title, intellectual property, right of retention

The contractual goods remain the property of Heep Technology until full payment has been made.

Furthermore, plans, sketches, drawings, models, calculations, cost estimates and other documents provided by Heep Technology or created by the contribution of Heep Technology are the intellectual property of Heep Technology. The use of such documents outside the intended use, in particular the passing on, duplication, publication and making available including copying (even if only in extracts) requires the express consent of Heep Technology. If Heep Technology has handed over to the customer within the framework of the contract initiation, the conclusion of the contract and the execution of the contract the objects which were not owed within the framework of the performance of the service (e.g. sample parts, etc.), these must be returned to Heep Technology within 14 days. If the customer does not comply with a corresponding request in due time, Heep Technology expressly reserves the right to assert its claims.

A right of retention can only be exercised by the customer insofar as it relates to claims from the same contractual relationship.

The following applies in the B2B area: Heep Technology retains title to the goods until full settlement of all claims arising from the current business relationship. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

Furthermore, the customer undertakes to maintain secrecy towards third parties with regard to the knowledge gained from the business relationship.

11.    Industrial property rights of third parties

If the customer provides intellectual creations or documents and if third party property rights are asserted with regard to such creations, Heep Technology is entitled to stop the production of the delivery item at the risk of the customer until the rights of third parties have been clarified and to claim compensation for the necessary and appropriate costs incurred by Heep Technology, unless the unjustified nature of the claims is obvious.

The customer shall indemnify and hold Heep Technology harmless in this respect.

Heep Technology is entitled to demand reasonable advances on costs from entrepreneurial customers for any legal costs.

For delivery items which Heep Technology manufactures according to customer documents (design data, drawings, models or other specifications, etc.), the customer alone assumes the guarantee that the manufacture of these delivery items does not infringe the industrial property rights of third parties. If industrial property rights of third parties are nevertheless asserted, Heep Technology is entitled to discontinue the manufacture of the delivery items at the risk of the customer until the rights of third parties have been clarified, unless the unjustified nature of the claims is obvious.

Heep Technology also has the right to claim the necessary and useful costs incurred from the customer.

12.    Warranty and exclusion of liability

The warranty for consumers is governed by the statutory provisions. The warranty period in B2B business is six months. The period begins with the physical handover of the product to the customer. § Section 924 ABGB is excluded in the B2B area, i.e. the customer must always prove that the defect already existed at the time of handover. The customer is obliged to allow Heep Technology at least two attempts to rectify the defect.

In some cases, goods are delivered with instructions for use. The customer must strictly adhere to the instructions contained therein. Should a defect/damage arise due to use contrary to the instructions or information, the customer cannot assert any claims against Heep Technology. In particular, liability for damage and consequential damage of any kind is excluded if the assembly or installation, mounting, adjustment, connection or commissioning was carried out by the customer and the correct functioning of the work or product of Heep Technology is largely dependent on the factors mentioned and/or the perfect condition and correct functioning of the connecting components.

If delivery of the goods is agreed and they are damaged during transport, the customer is obliged to complain to the delivery person/company in writing immediately - at the latest within three days of taking delivery of the goods - and to contact Heep Technology immediately. The lack of notification has no effect on the statutory warranty rights.

Claims for damages are excluded unless Heep Technology acts with gross negligence or intent. Damage to people remains unaffected. Unless the transaction is a consumer transaction, the injured party must prove the existence of gross negligence.

In the B2B sector, the following applies: The customer is obliged to inspect the goods immediately and with the due care of a businessman for quality and quantity deviations and to report obvious defects in writing within seven days of receipt of the goods. If the obligation to inspect and give notice of defects is violated, the assertion of warranty, compensation and error claims is excluded. In addition, the customer must bear the costs for the return transport of the defective goods and bears the entire risk of the return transport.

For technical (printing) reasons, images in the online shop, in a flyer/advertising brochure or in a catalog may differ from the actual color or structure. No warranty claims can be made from this.

Any use or processing of the defective item of service, which threatens to cause further damage or makes it difficult or impossible to determine the cause, must be stopped immediately by the customer, unless this is unreasonable.

Claims for recourse based on the PHG (Product Liability Act) against Heep Technology are excluded. Customers waive all rights against Heep Technology that they have based on Section 12 PHG. If the customer passes on products or parts of products, he is obliged to pass on this waiver in full to his customers, including this obligation to integrate as an obligation for all other customers. This obligation to integrate also applies if the customer or another buyer uses Heep Technology's products to manufacture other products and places these other products on the market.

Unless expressly stated otherwise in the respective product descriptions, Heep Technology's products and solutions are developed exclusively for use in motorsports and are not approved for use on public roads. The customer expressly acknowledges that the products have only been developed for use in motorsports and therefore require close maintenance intervals and are therefore not suitable for use in road traffic. In the event that the customer violates these usage restrictions brought to his attention, no liability can be accepted for damages of any kind.

13.    Cancellation/Right of withdrawal

The consumer customer has the right to revoke a contract that was concluded via distance selling or outside the business premises of Heep Technology within the meaning of FAGG (Long Distance and Away Business Act) within 14 days without giving reasons.

The cancellation period is 14 days and is counted from the day on which the consumer or a third party named by the consumer who is not the carrier takes possession of the goods

In order to exercise the right of withdrawal, the consumer must inform Heep Technology of the decision to withdraw from this contract by means of a clear but informal declaration (e.g. a letter sent by post or email). The attached sample cancellation form can (but does not have to) be used for this.

In order to meet the cancellation period, it is sufficient that the notification of the exercise of the right of cancellation is sent before the cancellation period has expired. The revocation must be addressed to:

Heep Technology
DI Horst Emathinger
Grasbergerstraße 41/8
8020 Graz, Austria
office@heeptec.com

If the contract is withdrawn, Heep Technology must refund the payments made by the customer, including delivery costs, to the account specified by the customer within 14 days and the customer must return the goods received immediately, but at the latest within 14 days of the declaration of the withdrawal. Repayment can be refused by Heep Technology until the goods have been received back or proof is available that the goods have been returned, whichever occurs before.

The goods must be returned to the following address:

Heep Technology
DI Horst Emathinger
Grasbergerstraße 41/8
8020 Graz, Austria

The customer must bear the costs incurred for the return.

Withdrawal from the contract is particularly excluded if goods that are manufactured according to customer specifications or are clearly tailored to personal needs are the subject of the contract, as well as for goods that are delivered sealed and are not suitable for return for health protection or hygiene reasons be unsealed after delivery.

It should be noted in this context that the customer is liable for the reduction in the market value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods (according to Section 15 Paragraph 4 FAGG). Signs of use, wear or damage that reduce the value (e.g. traces of installation, surface damage, etc.) will be invoiced by Heep Technology or deducted from the refund value.

14.    Privacy Policy

Data protection provisions are contained in the data protection declaration.

Heep Technology points out that the customer's data can be processed for advertising purposes based on legitimate interests (Article 6 Paragraph 1 lit f GDPR). The customer can object to this form of data processing at any time (Article 21 Paragraph 2 GDPR).

The customer consents to the personal data contained in the contract being automatically stored and processed by Heep Technology in fulfillment of this contract. The customer is obliged to announce changes to his residential address as long as the contract has not been completely fulfilled by both parties. If notification is omitted, declarations and deliveries are deemed to have been received even if they are sent to the last announced address.

15.    Place of performance, contract language, choice of law and place of jurisdiction

The place of performance is the headquarters of Heep Technology.

The contract language is German.

According to Articles 25 and 26 EuGVVO, Austrian jurisdiction is agreed and the contract is based on this. If it is not a consumer transaction, the court with jurisdiction at Heep Technology's registered office has exclusive local jurisdiction to decide all disputes arising from the contract.

Only Austrian substantive law applies to this contract, excluding the reference norms of international private law and the UN Convention on Contracts for the International Sale of Goods.

16.    Information about out-of-court dispute resolution

It should be noted that the arbitration board for consumer transactions is set up as a fall-back arbitration board for alternative dispute resolution. Participation in the arbitration process is voluntary.

Consumers can use the platform for out-of-court online dispute resolution to carry out arbitration proceedings for disputes arising from online legal transactions. The platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/.

Heep Technology is not willing or obliged to take part in dispute resolution proceedings before a consumer arbitration board.

17.    Final provisions

All legal declarations, changes, additions, additional agreements, etc. relating to this contract and the transactions associated with it must be in writing to be valid. Any departure from compliance with the formal requirements also requires the written form.

In the event that individual provisions of this contract are invalid or unenforceable or become ineffective or unenforceable after the conclusion of the contract, the validity of the remaining contract remains unaffected. The invalid or unenforceable provision should be replaced by an effective and enforceable provision whose effects come as close as possible to the economic objective that the contracting parties were pursuing with the invalid or unenforceable provision. If a customer refers to his own general terms and conditions when concluding the contract, the respective provisions of the Heep Technology general terms and conditions apply as part of the contract in the event that these contradict the Heep Technology general terms and conditions.

__________________________

Sample Withdrawal Form

To:

Heep Technology
DI Horst Emathinger
Grasbergerstraße 41/8
8020 Graz
Austria
office@heeptec.com

Subject:              Withdrawal from the contract

– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):

 – Ordered on (*)/received on (*):

 – Name of the consumer(s):

 – Address of the consumer(s):

 – Signature of the consumer(s) (only for paper notification):

 - Date:

(*) Delete as applicable.

__________________________