Imprint & Terms and Conditions
IMPRINT
Disclosure according to § 25 MedienG., according to § 5 ECG
media owner/publisher/
PEKA GmbH
UID-Nummer: ATU 464 939 04
FB court: Innsbruck, FN: 178002v
Headquarters:
Hintertux No. 768
6293 – Tux
Austria
Email: office@iota-scope.com
PEKA GmbH is a member of the Tyrolean Chamber of Commerce and is subject to the GewO 1994 within the meaning of Section 5 (1) Z 6 ECG.
please refer: www.ris.bka.gv.at/bundesrecht
www.ris.bka.gv.at/
By unanimous decision of all shareholders, Mr. Peter Kammerlander has been appointed managing director with sole power of representation since August 11, 2011.
The EU-
Consumers have the opportunity to lodge complaints with the EU's online dispute resolution body: http://ec.europa.eu/odr . You can also email any complaints to: info(at)iota-scope.com from you.
PRIVACY
We only use your inventory data to process your order. We point out that in the case of orders in our online shop, data (IP address, time of order and retrieval, etc.) is also collected and stored. This serves primarily to prove that the contract has been concluded and that the service has been used.
You have the right to free information, correction, blocking and deletion of your stored data at any time. Please contact by email info(at)iota-scope.com.
GTC: General terms and conditions of PEKA GmbH
§ 1. General
Your personal data (e.g. title, name, address, e-mail address, telephone number, bank details, credit card number) will only be processed by us in accordance with the provisions of data protection law. The following regulations inform you about the type, scope and purpose of the collection, processing and use of personal data. This data protection declaration only applies to our websites. If you are redirected to other sites via links on our site, please inform yourself there about the respective handling of your data.
§ 2 inventory data
(1) Your personal data, insofar as these are required for the establishment, content design or change of the contractual relationship (inventory data), are only collected to the necessary extent and used to process the contract. For example, your name and address must be passed on to the goods supplier for the delivery of the goods. Depending on the payment method, your data will be passed on to the bank responsible for processing the payment. In these cases, however, the scope of the transmitted data is limited to the necessary minimum.
(2) Without your express consent or without a legal basis, your personal data will not be passed on to third parties outside of the contract. Once the contract has been completed, your data will be blocked for further use. After expiry of the tax and commercial law regulations, this data will be deleted unless you have expressly consented to further use.
§ 3 Newsletter
If you register for the newsletter, we will save your e-mail address for advertising and market research purposes until you unsubscribe from our newsletter.
§ 5 Information and revocation of consent
We would like to point out that you can revoke your consent at any time with effect for the future. You have the right to free information, correction, blocking and deletion of your stored data at any time.
§ 6 Web Analysis
This website uses "cookies", text files that are stored on your computer and enable an analysis of your use of the website. The information generated about your use of the website is usually transmitted to a Google server in the USA and stored there. If IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile statistics on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out to you however that in this case you will if applicable not be able to use all functions of this website in full. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by downloading the browser plug-in available under the following link and install: http://tools.
- General, scope
1.1. The following general terms and conditions (hereinafter referred to as GTC) apply to all business relationships between PEKA GmbH, Hintertux 768, A-6294 Hintertux, and the customer. In particular, transactions are also recorded that can be accessed and used via the online shop “iota-scope.com”, which is currently available at the URL: www.iota-scope.com. The version of the General Terms and Conditions valid at the time the contract is concluded is decisive. The current version of the General Terms and Conditions can be found at www.iota-scope.com/imprint available.
1.2. Consumers are consumers within the meaning of the Consumer Protection Act (KSchG) and are therefore natural or legal persons who are not entrepreneurs. Entrepreneurs are natural or legal persons or partnerships with legal capacity, for which the present contract is part of the sale of their company. Companies are all long-term organizations of independent economic activity, even if they are not geared towards making a profit. Customers are both consumers and entrepreneurs.
1.3. Deviating, conflicting or supplementary general terms and conditions of the customer, who is an entrepreneur, do not become part of the contract, even if they are known, unless PEKA GmbH agrees to their validity in writing.
- conclusion of contract
2.1. Offers from PEKA GmbH are subject to change and non-binding, unless reference is made to a specific offer period for the product in question. Temporary special offers are shown as such in the context of the presentation of the individual goods.
2.2. On the websites (www.iota-scope.com), in the catalogs and the advertising brochures, etc., the customer is informed about the conditions and characteristics of the goods and services offered. The presentation of the goods and services does not constitute a contract offer, but a non-binding invitation to the customer to order and purchase goods or services from iota-scope.com and to submit a corresponding offer to PEKA GmbH.
2.3. With the order (in person, by telephone, by e-mail, by post), the customer makes a binding offer to conclude a contract with PEKA GmbH. In the case of goods ordered electronically (in particular via the Internet or by e-mail), the customer who is a consumer will immediately confirm receipt of the order. If the customer is an entrepreneur, the express confirmation of receipt is not required. The confirmation of receipt sent to the customer does not yet represent a binding acceptance of the order. The confirmation of receipt only represents a declaration of acceptance/order confirmation (see point 2.7.) if PEKA GmbH expressly declares this.
2.4. The contract comes into effect when PEKA GmbH accepts an order placed by the customer.
2.5. In the case of online orders or orders placed outside the business premises, PEKA GmbH is entitled to accept or reject the contract offer contained in the order within three working days of receipt of the customer's order by PEKA GmbH. If the customer does not receive any notification/refusal to the contrary within the specified period, the contract is concluded in accordance with the customer's order.
2.6. If the customer offer is rejected by PEKA GmbH and the customer has already paid before this point in time due to the payment method he has chosen, the customer's payment will be reversed. The customer has no claims against PEKA GmbH in the event of a refusal, except for a refund of payments already made.
2.7. PEKA GmbH is free, within the period specified in Section 2.5. to issue an order confirmation within the specified period. This is the declaration of acceptance and the contract with the customer comes into being when the customer receives the order confirmation.
If the order confirmation does not correctly reflect the order placed by the customer, the customer must complain in writing within three days of receipt of the order confirmation, stating the inapplicable points, with a possible complaint info@iota-scope.com is to be directed. Otherwise the contract is binding according to the order confirmation. The customer is specifically informed in the order confirmation about the effect of his behavior.
2.8. In addition, PEKA GmbH is entitled to limit the order to a normal household quantity. In the event of unavailability or only partial availability of the ordered goods and services, the customer will be informed immediately and will be informed at what time the delivery can take place.
2.9. If the customer is a consumer and he orders the goods and services electronically, the text of the contract will be saved by PEKA GmbH and sent to the customer by email together with the legally effective General Terms and Conditions after the contract has been concluded.
2.10. The conclusion of the contract with companies is subject to the proviso that in the event of incorrect or improper self-delivery, no or only partial delivery is made.
2.11. PEKA GmbH is entitled to make the conclusion of the contract dependent on an appropriate security deposit or advance payment by the customer if this has to be carried out on the basis of the customer's specific order or the customer, in the case of transactions that are not processed step by step, one credit check does not agree, or it is to be expected that the customer will not meet his payment obligations or will not meet them in a timely manner; the latter is the case if there is negative creditworthiness information (see point 10.1.) or the customer has already failed to meet payment obligations to PEKA GmbH in a timely manner in the past. In the absence of any other agreement, the advance payment or security deposit is calculated at 50% of the final price of the customer's order in question.
2.12. Irrespective of any right of withdrawal according to point 4 of these General Terms and Conditions, the customer has no general right of exchange or return. However, PEKA GmbH reserves the right to agree to an exchange requested by the customer in individual cases. Any such action shall be consensual. If PEKA GmbH agrees to the return of the goods purchased by the customer in individual cases, it will issue the customer with a credit note in the amount of the purchase price concurrently with the return of the purchased item. A refund of the purchase price paid in any other way, in particular in cash, is excluded.
- retention of title
3.1. PEKA GmbH retains ownership of the goods until the purchase price has been paid in full.
3.2. The customer is obliged to treat the goods with care during the existence of the retention of title. If maintenance and inspection work is required, the customer must carry this out regularly at his own expense.
3.3. During the retention of title period, the customer must inform PEKA GmbH immediately in writing of any access by third parties to the goods, in particular of enforcement measures, as well as any damage or destruction of the goods. The customer must notify us immediately of any change of ownership of the goods or any change of address. The customer must compensate for all damages and costs arising from a culpable breach of these obligations and from necessary intervention measures to prevent third parties from accessing the goods. Customers who are entrepreneurs are liable for such disadvantages arising from non-compliance with the obligations just mentioned, regardless of fault.
3.4. PEKA GmbH is entitled to withdraw from the contract and to demand the return of goods that have already been handed over/sent to the customer if the customer behaves in breach of contract, in particular in the event of default in payment. In addition, in the event of a culpable violation of an obligation under item 3.2. to withdraw from the contract and to demand goods that have already been handed over/sent to the customer if it is no longer reasonable for PEKA GmbH to continue adhering to the contract. In these cases, the customer bears the costs of returning the goods.
3.5. In the event of the return of goods subject to retention of title by PEKA GmbH, the customer must indemnify them with regard to all culpably caused damage and deterioration of the goods subject to retention of title. Furthermore, the customer must pay an appropriate usage fee for the use of the goods subject to retention of title, including compensation for the reduction in market value associated with the use.
3.6. The customer, who is an entrepreneur, is entitled to resell the goods in the ordinary course of business, even during the existence of the retention of title. He already assigns to PEKA GmbH all claims in the amount of the invoice amount that accrue to him from the resale to a third party and undertakes to make a corresponding note in his books or on his invoices. PEKA GmbH accepts this assignment. After the assignment, the customer is authorized to collect the claim. PEKA GmbH reserves the right to collect the claim itself as soon as the customer does not properly meet his payment obligations and defaults on payment.
3.7. The handling and processing of the goods by the customer, who is an entrepreneur, always takes place in the name and on behalf of PEKA GmbH. If the goods are processed, PEKA GmbH acquires co-ownership of the new item in proportion to the value of the goods it has delivered. The same applies if the goods are processed or mixed with other items not owned by PEKA GmbH.
- right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last partial shipment or the last piece.
In order to exercise your right of withdrawal, you must inform PEKA GmbH of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You can use the attached sample revocation form for this, but this is not mandatory.
complete and submit electronically. If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods to PEKA mbH or hand them over to us without undue delay and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract.
The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
withdrawal form
withdrawal form
(If you want to revoke the contract, please fill out this form and send it back)
- An
PEKA GmbH
Hintertux 768
6293 Tux
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 consumer(s)
-Address of the consumer(s)
- Signature of the consumer(s) (only in the case of notification on paper)
-Datum
(*) Delete where not applicable.
- remuneration, shipping costs
5.1. The prices offered are daily prices and apply until revoked. Prices are subject to change. Legal sales tax included in the price. In addition, there are the shipping costs, unless otherwise indicated/agreed on iota-scope.com. is. Our online shop determines the exact shipping costs after entering the customer address.
5.2. The customer undertakes to pay the price upon acquisition of the goods/service immediately step by step upon delivery of the goods/service. If there is a mail-order purchase, the customer is obliged to pay the entire purchase price within ten days of the conclusion of the contract in the absence of any other agreement in individual cases when paying by bank transfer (prepayment). When paying by credit card or other electronic payment methods, the payment/debit to the customer's account takes place before the goods/service are delivered
If the payment is not made within these periods, the customer is in default of payment.
5.3. The customer, who is a consumer, has to pay interest on the debt at a rate of 5% per annum above the base interest rate during the delay in payment. The customer, who is an entrepreneur, has to pay interest on the money owed during the delay in payment at a rate of 10% per annum above the base interest rate. PEKA GmbH reserves the right to prove and assert higher default interest damage to the entrepreneur.
5.4. In the event of a delay in payment and a reminder, reminder fees of €12.00 (net) per reminder are agreed. In the event that a debt collection agency or lawyer is called in to collect the amount owed, a flat-rate collection fee of €250.00 is agreed. For the rest, § 1333 ABGB applies. The customer, who is an entrepreneur, undertakes to bear all costs and expenses associated with the collection of the claim, in particular collection expenses or other costs necessary for appropriate legal action, even if these exceed the flat rate for collection costs.
5.5. The customer who is a consumer can only offset counterclaims against PEKA GmbH in the event of insolvency of PEKA GmbH or beyond, which are legally related to the liability of the customer (consumer), which have been determined by a court or by PEKA GmbH have been acknowledged in writing.
5.6. The customer who is an entrepreneur is not entitled to withhold payments.
- transfer of risk
6.1. If the customer is a business customer ("B2B"), the risk of accidental loss or accidental deterioration of the goods passes when the goods are handed over, in the case of mail-order sales when the goods are handed over to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment to the customer. This regulation does not apply to consumers ("B2C").
6.2. The handover is the same if the customer is in default with the acceptance.
- Service provided by PEKA GmbH Presentation of the goods in the online shop
7.1. PEKA GmbH is obliged to deliver/render the goods or services to be provided to the customer in accordance with the contract. PEKA GmbH is entitled to unilaterally change or deviate from the contractual service to be provided if the change and/or deviation is reasonable for the customer, in particular because the change is minor and objectively justified, taking all circumstances into account.
7.2. The color of the symbolic images relating to the goods offered in the online shop depends, among other things, on the quality of the screen and the settings on the customer's PC. The real colors of the goods can therefore differ slightly from the representation on the customer's screen. PEKA GmbH neither guarantees nor owes an exact match between the color representation of the symbol images relating to the goods offered in the online shop and the real colors of the goods.
This also applies to the presentation of the goods in catalogs and advertising brochures. Here, too, the representation of the symbol images depends on the quality of the respective carrier material (e.g. paper) and the quality of the print. de PEKA GmbH neither guarantees nor owes an exact match between the color representation of the symbol images according to the illustrations and the real colors of the goods.
- warranty
8.1. PEKA GmbH does not give its customers any guarantees in the legal sense; Manufacturer guarantees remain unaffected
8.2. The warranty period for customers who are consumers is two years, for customers who are entrepreneurs one year from delivery of the goods. For used items, the warranty period is one year from delivery of the goods.
8.3. The customer who is a consumer basically has the choice of whether the improvement or an exchange should take place. However, PEKA GmbH is entitled to refuse the chosen remedy if it is impossible or, compared to another remedy, involves a disproportionate amount of effort. For customers who are entrepreneurs, PEKA GmbH initially provides a warranty for defects through improvement or replacement at its own discretion.
8.4. If an improvement is not possible or feasible, the customer can choose to either reduce the price or – if the defect is not just a minor one – change the contract.
8.5. The following also applies to customers who are entrepreneurs:
The customer must report defects to PEKA GmbH as soon as possible. The customer must examine the delivered goods for defects within a reasonable period of time and notify PEKA GmbH of these in writing within a period of one week from receipt of the goods; otherwise the assertion of the warranty claim by the customer is excluded. Hidden defects must be reported to PEKA GmbH in writing within a period of one week from discovery; timely dispatch is sufficient to meet the deadline. The customer bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects.
- Limitations and Indemnification of Liability
9.1. Each contractual partner is liable to the other according to the general provisions of the law on damages, unless something different has been expressly agreed in writing either in these General Terms and Conditions or otherwise.
9.2. For the liability of PEKA GmbH towards customers who are entrepreneurs, there is only liability in the event of intent and gross negligence - insofar as liability is based on fault. Liability under the Product Liability Act is excluded for entrepreneurs. Except in the case of intent, liability is limited to the amount of the invoice, but no more than €7,500.00 and liability for loss of profit, consequential damage, pure financial loss and for all indirect damage, savings not achieved, loss of interest and damage from claims by third parties excluded the customer.
9.3. For the liability of PEKA GmbH towards customers who are consumers, it is agreed that liability - with the exception of liability for personal injury - is excluded for slight negligence.
9.4. PEKA GmbH is only liable for its own content on the online shop website. Insofar as links enable access to other websites, PEKA GmbH is not responsible for the external content contained there. PEKA GmbH does not adopt the external content as its own. If PEKA GmbH becomes aware of illegal content on external websites, it will immediately block access to these sites.
- privacy
We only use your inventory data to process your order. We point out that in the case of orders in our online shop, data (IP address, time of order and retrieval, etc.) is also collected and stored. This serves primarily to prove that the contract has been concluded and that the service has been used.
You have the right to free information, correction, blocking and deletion of your stored data at any time. Please contact by email info(at)iota-scope.com.
See also: https://iota-scope.com/pages/impressum
- Rental Conditions
11.1. The rental takes place against payment of the rent by the customer to PEKA GmbH. The amount of the rent to be paid depends on the category of the rental object and the duration of the rental. The rental tariff valid at the time the contract is concluded is decisive. This applies until the end of the rental relationship, which can only include consecutive days. The current version of the rental tariff can be accessed at www.iota-scope.com.
11.2. Within the framework of a rental agreement, the provision of a rental item is owed against payment of rent. If several rental items are rented, there are several rental relationships and the customer owes PEKA GmbH the applicable rent for each rental item.
11.3. The rent includes all taxes and duties in the amount valid at the time the contract was concluded.
11.4. The entire rent is due immediately upon conclusion of the rental agreement. The rental object is only handed over to the customer after full payment of the rent. The customer can pay the rent by credit card, Maestro or in cash. PEKA GmbH reserves the right to exclude individual payment methods in individual cases.
11.5. When picking up/shipping and returning the rental item, the customer must present or submit an official photo ID (e.g. driver's license, passport) for identification purposes. The customer consents to PEKA GmbH making and storing a copy of the ID card. The rental object is to be picked up by the customer at the beginning of the rental relationship or will be shipped to them. The rental item must be returned after the agreed rental period has expired, either by returning it on site (PEKA GmbH, Hintertux 768, 6293 Tux) or by posting it to PEKA GmbH. Shipping charges are to be paid by the customer. The return can take place on the last agreed day of the rental relationship (postmark is sufficient) without incurring any additional costs. After that, the customer has to pay the full rent again and is nevertheless obliged to return the rented item immediately. If the rented item is not returned on time, the renter must expect that criminal charges will be filed for theft or embezzlement
11.8. The customer must treat the rented item with care and use it carefully and as intended. The customer must avoid damage to the rental item and use the rental item in such a way that damage does not occur.
11.9. Without the written consent of PEKA GmbH, the customer is prohibited from passing on the rented item to third parties for a fee or free of charge.
11.10. The customer must ensure that the rental item is stored in such a way that confusion, loss or theft is prevented.
11.11.Unfavorable weather or other hindrances, which may result in the customer not being able to use the rented item, do not release the customer from paying the rent to PEKA GmbH.
11.12. The customer is obliged to return the rental item to PEKA GmbH upon termination of the rental agreement or to purchase it by paying the agreed residual amount. If the customer decides to keep the rental object, the rent already paid will be deducted from the purchase price.
11.13. The customer is obliged to compensate PEKA GmbH for culpable damage to the rental item or culpable excessive wear and tear of the rental item. The damage includes the actual repair costs or the current value of the rented item if a repair no longer seems economically viable, i.e. the repair costs exceed the current value.
11.14. In the event of culpable loss or theft of the rental item, the customer must compensate PEKA GmbH for the current value of the rental item.
- Final Provisions
12.1. Austrian law applies; the provisions of the UN sales law do not apply. In the case of a customer who is a consumer, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which he has his habitual residence is not withdrawn.
12.2. The place of jurisdiction for all disputes arising directly or indirectly from the contract is agreed to be the Austrian court that is locally and factually responsible for the registered office of PEKA GmbH. If the customer is a consumer, this place of jurisdiction is only deemed to be agreed if the customer has his domicile, habitual residence or place of employment in this jurisdiction or if the customer lives abroad.
12.3. Should individual provisions of this contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. In the case of contracts with customers who are entrepreneurs, the wholly or partially ineffective provision shall be replaced by a provision whose content and effect comes as close as possible to that of the ineffective one.
12.4. All information is subject to typographical and printing errors.
12.5. Changes to the contract and supplements to the contract must be in writing if the customer is an entrepreneur; the same applies to a mutual waiver of the written form requirement.
12.6. Insofar as these GTC refer to the written form requirement in joint business transactions between PEKA GmbH and the customer, notifications by e-mail are also sufficient.
Stand 23.08.2022