Terms of service

General Terms and Conditions for Business Customers (as of February 2024)

Contractual partner

Your contractual partner for all purchase contracts concluded via the website www.prs-box.com ("Website") is

PRS-Box GmbH ("PRS-Box", "we" or "us")
Mattersburger Straße 26
7000 Eisenstadt

Tel.: 0800/ 65 66 106
E-mail: office@prs-box.com
If you are calling from a country other than Austria or Germany, please use:
+43 664 / 341 35 89

represented by its managing director(s): DI Michael König
Place of jurisdiction: Eisenstadt

Austria VAT ID No.: ATU80491718

Germany VAT ID No.: DE367537787

SCOPE

1.1 These General Terms and Conditions of Sale and Delivery for the mail order business and internet sales (hereinafter: "delivery conditions") apply exclusively to contracts with entrepreneurs who are not consumers within the meaning of the Austrian Consumer Protection Act or German Section 14 of the German Civil Code (BGB), as well as legal entities under public law or public institutions (hereinafter "entrepreneur" or "customer" or "you").

1.2 The delivery conditions apply exclusively to all purchase contracts concluded between PRS-Box and the customer via the website. The validity of other provisions, in particular the customer's general terms and conditions, is excluded, regardless of whether they have been expressly rejected by PRS-Box or not. These delivery conditions also apply exclusively if PRS-Box carries out or accepts the delivery or services to you without reservation in the knowledge of your conflicting conditions or conditions that deviate from these delivery conditions. You should save and/or print out these delivery conditions for future reference.

1.3 Individual agreements made between PRS-Box and the customer in individual cases take precedence.

1.4 The sale and shipping of PRS-Box products via the website takes place exclusively to addresses within Austria and Germany.

1.5 When processing the purchase contracts concluded via the website, PRS-Box may be supported by external service providers. These external service providers may have independent general terms and conditions that apply to you. Therefore, make sure that you agree to the validity of these general terms and conditions before concluding any contract.

2. CONCLUSION OF CONTRACT, NATURE OF THE GOODS, WARRANTIES

2.1 PRS-Box's offers are generally non-binding unless we specify a period of validity that is binding for us. By ordering the goods, you declare bindingly that you wish to purchase the ordered goods. Your order represents an offer to PRS-Box to conclude a purchase contract. We can accept your order by sending an order confirmation by email or by delivering the goods and corresponding shipping confirmation within 2 days of receiving the order. You will receive an order or shipping confirmation if we know your email address and we are authorized to send the order or shipping confirmation to this email address. When your order is accepted, a contract is concluded on the basis of these delivery conditions. The delivery conditions can be printed out using the "Print" function and saved using the "Save" function. Only the German language is available for the conclusion of the contract.

2.2 When ordering via the Internet, you will receive an order confirmation from us by email after submitting your order, which only informs you that we have received your order and does not yet constitute acceptance of the order.

2.3 Your order will only be accepted after your customer data has been checked and approved. As part of this check, which takes place [immediately after your order within 2 days of your order], it will be verified whether you are not excluded from sales or deliveries by us on the basis of these delivery conditions due to your lack of entrepreneur status in accordance with section 1.1. PRS-Box can, for example, refuse to conclude a contract with you because your status as an entrepreneur could not be confirmed. In this case, we will inform you immediately by telephone, email, fax or letter.

2.4 If the customer has a customer account with PRS-Box, he is obliged to inform PRS-Box immediately in writing, by email to office@prs-box.com, of any changes to his company name, legal form, billing address or bank details as well as payment method, insofar as knowledge of these changed data is necessary for the performance of the contract.

2.5 The use of the goods is outside the control of PRS-Box and is therefore the sole responsibility of the customer, unless expressly stated otherwise. The information provided by PRS-Box in word, writing and other forms regarding the goods' suitability, including application, processing and other use - such as descriptions, illustrations, quality, quantity, weight, dimensions or performance information - only serves to identify the goods, is only approximately relevant and is provided to the best of our knowledge, but only serves as a non-binding indication and does not release the customer from the obligation to check the goods supplied by PRS-Box for their suitability for the intended purposes. They do not represent quality information unless they are expressly designated as binding in writing. The quality, suitability, qualification and function as well as the intended use of our goods are determined exclusively by our information and technical qualifications expressly marked as such. Public statements, recommendations or advertising by us or third parties do not constitute a description of the quality of the goods.

2.6 Guarantees regarding the quality or durability of our goods must be expressly marked as such in the order confirmation or elsewhere in the contract.

2.7 PRS-Box reserves the right to limit the delivery of goods to commercially available quantities. The relevant information will be displayed for the goods in question.

3. DELIVERY PERIODS AND DATES, TRANSFER OF RISK

3.1 Delivery dates and delivery periods are only binding if they have been expressly designated as "binding" by PRS-Box in the individual contract.

3.2 The delivery period begins with the conclusion of the contract, unless expressly agreed otherwise. Delivery periods do not begin under any circumstances before the customer has fully fulfilled any existing obligations to cooperate and a deposit or advance payment - if such has been agreed - has been received in our account.

3.3 In the case of a non-binding delivery date or a non-binding delivery period, PRS-Box will not be in default of delivery until a reasonable period of time set by you has expired without result.

3.4 Goods that are not described with a specific delivery time will be shipped directly from our warehouse and delivered within 5-7 working days.

3.5 Delivery will be made by a transport company to the delivery address you specified when ordering. If the transport company does not find you on the first delivery attempt, it will leave a message with a suggested date for a second delivery. If no one was found on the second delivery attempt, you are obliged to arrange an appointment by telephone with the transport company within 5 days.

3.6 PRS-Box reserves the right to make partial deliveries for justified reasons, provided that their acceptance is not unreasonable for the customer, in particular if the delivery of the remaining ordered goods is guaranteed and the customer does not incur any significant additional expenditure or costs as a result (unless PRS-Box agrees to cover these costs). Each partial delivery can be invoiced separately.

3.7 The risk of accidental loss and accidental deterioration of the goods passes to you at the latest when the goods are handed over to the freight forwarder, carrier or other third party appointed to carry out the shipment; the start of the loading process is decisive. This also applies if permissible partial deliveries are made or if we have undertaken other services (e.g. shipping or installation). It is equivalent to handover if you are in default of acceptance.

3.8 For deliveries to Switzerland, customs clearance is carried out by the recipient of the goods (DAP).

4. PRICES, PAYMENT CONDITIONS, RESERVATION OF TITLE

4.1 All prices are shown as net prices (excluding VAT, packaging and shipping) in euros or CHF. There are no shipping costs for orders above a certain value, which differs depending on the country of delivery. If the order value is below this amount, you will be charged shipping costs, which we will invoice you for in addition. Section 3.7 applies to partial deliveries. We generally do not charge a surcharge for small quantities.
Conditions for each shipping country:
Austria, Germany
Minimum order value € 89.00 Shipping costs € 6.90
Switzerland, Liechtenstein
Minimum order value CHF 199.00 Shipping costs CHF 8.90
Netherlands, France, Belgium, Luxembourg
Minimum order value € 149.00 Shipping costs € 8.90

4.2 You will receive your invoice automatically by email. You can also access your invoice in your customer account at www.prs-box.com. If you would like the invoice to be sent to you by post, please contact our customer service.

4.3 Only the following payment methods are available to you:
by invoice/bank transfer
Invoices are due within 14 days of delivery and receipt of the invoice and must be paid without deduction to the account specified on the invoice.

by credit card
Please provide PRS-Box with the necessary credit card payment details when placing the order. Payment can be made via our secure checkout pages using your credit or debit card. Your card will be charged the moment you place your order and receive confirmation of order acceptance. Payments by credit card are due immediately and without deduction.

by PayPal
In order to pay the invoice amount via the PayPal online service, it is necessary that you are registered there or register first. After legitimizing yourself with your access data, please confirm the payment instruction to us. You will receive further information during the ordering process.

by advance payment
Here you have the option of paying for the goods before they are dispatched. Please state this before ordering. As soon as the payment has been received in the PRS-Box bank account and the order has been accepted by us, your order will be released for shipping.

However, we reserve the right to carry out a credit check for payment methods where we make advance payments. In these cases, you authorize us to pass on your data (company, name, address, etc.) to an independent creditor protection association for the purpose of a credit check. Depending on the result of the credit check, we reserve the right to only process your order if you accept the payment method we prefer. The selection of possible payment methods will then be adjusted accordingly to the result of the credit check. In exceptional cases, a shorter due date for payment can be agreed.

4.4 Payments in advance are due immediately after acceptance of your order in accordance with section 2.1 of the delivery conditions. When paying by invoice, the invoice amount must be paid immediately after delivery of the goods on the due date to the PRS-Box account specified in the invoice. You automatically fall into arrears 14 days after the due date and receipt of the invoice. An earlier occurrence of default according to the statutory provisions remains unaffected.

4.5 PRS-Box is entitled to charge a fee of EUR 11.90 net for each reminder after payment default has occurred. Other statutory rights of PRS-Box due to your payment default remain unaffected. The customer is free to prove that PRS-Box has suffered less damage in each case.

4.6 In the event of payment default, we are entitled to charge interest on arrears amounting to 9 percentage points above the base interest rate p.a. (statutory interest rate). PRS-Box reserves the right to prove and assert further damage caused by default if necessary.

4.7 Until all of PRS-Box's claims from the respective purchase contract with you have been paid in full, the goods sold under this purchase contract remain the property of PRS-Box. You are obliged to notify PRS-Box immediately, stating all details of any seizures or other legal impairments that enable PRS-Box to take legal action against them. If you do not fulfill your obligations, for example payment, under this contract with PRS-Box or if you are in default, PRS-Box may withdraw from the contract. Your right to possession of the reserved goods will then expire and PRS-Box may demand their return. In this case, you must grant PRS-Box or PRS-Box's representatives access to the reserved goods during normal business hours and hand them over. In this case, PRS-Box is still entitled to take possession of the reserved goods.

4.8 You are only entitled to a right of set-off and retention if your counterclaim has been legally established, is undisputed or recognized by PRS-Box or is based on the same contractual relationship.

5. CLAIMS FOR DEFECTS, OBLIGATION TO INSPECT

5.1 Claims for defects on your part require that you inspect the goods immediately upon delivery and properly report any defects. Complaints must be made in writing, specifying the defect. Complaints regarding incomplete delivery and other identifiable defects must be reported to PRS-Box immediately, but no later than 10 days after receipt of the goods. Hidden defects must be reported to PRS-Box in writing immediately, but no later than 10 days after they are discovered. Acceptance and/or acceptance of the goods may not be refused due to minor defects. Claims due to defects reported late are excluded.

5.2 The customer bears the costs of examining the goods.

5.3 The statutory provisions apply to the customer's rights in the event of defects, unless otherwise specified below.

5.4 If the goods are defective, PRS-Box is entitled, at its own discretion, to subsequent performance free of charge for you by eliminating the defect (repair) or by delivering defect-free goods instead (subsequent delivery).

5.5 If PRS-Box has seriously and definitively refused subsequent performance, or if subsequent performance fails, is unreasonable for you or there are special circumstances that, after weighing up the interests of both parties, justify the immediate assertion of rights other than those specified in section 5.4, you can, at your discretion and in accordance with the statutory rules, withdraw from the contract relating to the defective goods or reduce the purchase price.

5.6 Further claims for defects, regardless of their nature, are excluded, subject to any claims for damages limited in accordance with the provisions in section 7.

5.7 In the case of only a minor breach of contract, in particular in the case of minor defects that do not significantly affect the use of the goods, you are not entitled to withdraw from the contract or to assert a claim for damages instead of the entire service.

5.8 In the case of any complaint of defects, PRS-Box has the right to inspect and examine the goods in question. The buyer cannot derive any rights from PRS-Box examining a complaint of defects. We can also require you to return the delivery item in question to us at our expense. If your complaint of defects proves to be unjustified and you recognized this before submitting the complaint or negligently failed to recognize it, you are obliged to compensate us for all damages incurred in this connection, e.g. travel or shipping costs.

5.9 You will grant PRS-Box the necessary reasonable time and opportunity to inspect and examine the delivery item in question and to carry out any subsequent performance.

5.10 In the event of subsequent delivery, the customer must return any goods or parts thereof replaced by PRS-Box at PRS-Box's request in accordance with the statutory provisions.

5.11 There are no warranty rights for damage caused by unsuitable, improper or incorrect storage, use, assembly, commissioning, treatment or installation by you or by natural wear and tear, provided that PRS-Box is not responsible for the damage.

5.12 If you receive defective assembly instructions, we are only obliged to supply defect-free assembly instructions and only if the defect in the assembly instructions prevents proper assembly.

5.13 There is no right to a warranty or exchange for free promotional gifts and extras.

5.14 The limitation period for warranty claims is one (1) year from delivery. However, this limitation does not apply if (i) a defect was fraudulently concealed or (ii) a guarantee was given for the quality of the goods (in this regard, the guarantee regulation or limitation period resulting from the guarantee applies where applicable). In the case of claims for damages, this limitation does not apply in the following cases: (i) injury to life, body or health, (ii) intent and (iii) gross negligence on the part of PRS-Box's bodies or senior employees, and (iv) liability under the Product Liability Act and (v) recourse claims under Section 933b ABGB.

6. ADDITIONAL WARRANTY

6.1 Third parties who are suppliers or manufacturers of the products you have purchased may provide an additional guarantee on the products. This guarantee only binds the third party, and not PRS-Box, unless PRS-Box has expressly given you a guarantee itself.

6.2 Guarantees given by PRS-Box depend on the quality and service life of the respective product. For more information about the guarantee for a specific product, please contact our customer service.

6.3 Guarantees, in particular quality guarantees, are only binding for PRS-Box to the extent that they (i) are included in an offer or order confirmation, (ii) are expressly referred to as a "guarantee" or "quality guarantee", and (iii) expressly specify the obligations resulting from such a guarantee for PRS-Box.

7. LIABILITY

7.1 PRS-Box is liable without limitation for damages resulting from injury to life, body or health, regardless of the type of breach of duty, including unlawful acts, as well as in the case of fraudulent concealment of defects and for damages caused by the absence or defects of a quality guaranteed by PRS-Box (in this regard, the liability regulation or limitation period resulting from the guarantee applies where applicable).

7.2 PRS-Box is liable without limitation for damages caused intentionally or through gross negligence by PRS-Box or a legal representative or vicarious agent of PRS-Box, regardless of the type of breach of duty, including unlawful acts.

7.3 In the case of a breach of essential contractual obligations caused by slight negligence, PRS-Box's liability is limited to the foreseeable damage typical for the contract, except in cases of unlimited liability according to sections 7.1 and 7.4. Essential contractual obligations are those obligations whose fulfillment enables the proper execution of the contract in the first place and whose compliance the contractual partner can regularly rely on.

7.4 PRS-Box's liability under the Product Liability Act remains unaffected.

7.5 Any further liability for damages is excluded.

7.6 Clauses 7.1 to 7.4 apply accordingly to PRS-Box's liability for wasted expenditure.

7.7 PRS-Box is only liable for the loss of data and its restoration within the scope set out in Clauses 7.1 to 7.3 and only to the extent that this loss could not have been avoided by appropriate precautionary measures on the part of the buyer, in particular the creation of backup copies of all data and programs.

7.8 You are obliged to take appropriate measures to prevent and minimize damage.

7.9 In cases covered by section 7.3, the limitation period for claims for damages against PRS-Box is two (2) years after the time at which the claim arose and the customer became aware of the circumstances giving rise to the claim. Regardless of the customer's knowledge, the claim expires three (3) years after the event that caused the damage. The limitation period for claims for damages due to defects is governed by section 5.14. The limitation provisions of Section 933 ABGB remain unaffected.

8. VOLUNTARY RIGHT OF RETURN AND CANCELLATION

8.1 You have the right to cancel this contract within thirty days without giving any reason. The cancellation period is thirty days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of cancellation, you must inform us, PRS-Box, Mattersburger Straße 26, 7000 Eisenstadt (Tel.: 0800/65 66 106, E-Mail: office@PRS-Box.com) by means of a clear declaration (e.g. a letter sent by post or e-mail or by means of a cancellation form) of your decision to cancel this contract and request your return number. Without this return number, PRS-Box cannot arrange a free return of goods. A fee of 10 euros net will therefore be charged for the return of goods without a corresponding return number, although you are free to prove that PRS-Box incurred no or less expense than the fee for the collection. Returns of goods will only be accepted if they have been reported to PRS-Box in advance. Personal returns of goods without prior agreement will not be accepted, nor will PRS-Box be liable for any costs incurred. Payments already made, less any insurance and cash on delivery costs, will be credited to your customer account if the return of goods is accepted. In the event of a return of goods not accepted because the necessary conditions are not met, we reserve the right to invoice you for the costs incurred. Please keep the return receipt that the driver gives you carefully, as this is your proof of return.

8.2 We grant you a voluntary right of withdrawal under the following conditions:
• the goods are unused;
• the goods are undamaged;
• the goods are in their original, flawless packaging.
Tests of the goods are considered to be use of the goods and such goods cannot be returned.

8.3 The voluntary right of return and cancellation does not apply to a contract
• for the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the entrepreneur is decisive;
• for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded
• for the delivery of goods that are specially procured for customers (this information is shown in the respective item detail description as "individual goods") or that are clearly tailored to the personal needs of the consumer;

8.4 In the event of defects in part of a set offer, PRS-Box reserves the right to only take it back in full and to compensate for it. There is no entitlement to partial compensation. If only part of the set offer is returned, there is no entitlement to compensation.

9. DATA PROTECTION

For information on data protection, please refer to our data protection regulations.

10. FORCE MAJEURE

10.1 If PRS-Box is prevented from fulfilling its contractual obligations due to force majeure such as war, terrorism, riots, natural disasters, fire, pandemics or epidemics or other unforeseeable, unavoidable events outside of PRS-Box's sphere of influence and for which PRS-Box is not responsible, such as strikes or lawful lockouts, operational or transport disruptions or the effects of such events, PRS-Box is released from the obligation to deliver or provide services on time for the duration of the disruption. Agreed deadlines are extended by the duration of the disruption plus a reasonable start-up period. You will be informed of the occurrence of the disruption as soon as possible in an appropriate manner.

10.2 If the end of the disruption is not foreseeable or if it lasts longer than two months, each party is entitled to withdraw from the respective individual contract affected by the disruption without incurring any liability whatsoever.

11. CHOICE OF LAW AND JURISDICTION

11.1 All legal relationships between PRS-Box and the customer are governed by the law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

11.2 The exclusive place of jurisdiction for all disputes arising from or in connection with a delivery is the competent court in Eisenstadt. However, PRS-Box is entitled to sue you at your place of residence.

12. GENERAL PROVISIONS

12.1 If any provision of these delivery conditions is or becomes invalid, the validity of the remaining provisions of these delivery conditions shall remain unaffected.

12.2 If at any time during the term of a contract we do not insist on the strict fulfillment of your obligations under the contract or these delivery conditions or do not exercise any rights or remedies to which we are entitled under the contract, this does not constitute a waiver of those rights or remedies and does not release you from the obligation to fulfill those obligations. A waiver by us of any default shall not be deemed a waiver of any subsequent default. A waiver by us of these Terms of Delivery shall only be effective if it is expressly stated as a waiver and communicated to you in writing.

12.3 The contract concluded between you and us is binding on you and us and our respective successors and assigns. You are not entitled to transfer any claims, rights and obligations arising from or in connection with the contract in whole or in part to any third party who is not an affiliate without our prior written consent. We are entitled to assign, transfer or otherwise dispose of any claims, rights and obligations arising from or in connection with the contract at any time during the term of the contract.

12.4 We are entitled to engage subcontractors or other third parties to provide the services without your prior consent.