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Terms and Conditions of Sale

of METRO Cash & Carry Österreich GmbH
in 2331 Vösendorf
www.metro.at
(hereinafter referred to as METRO)
The Terms and Conditions of Sale set out below shall apply exclusively to all business relations with Metro. The [customer's own] terms and conditions deviating therefrom shall only be valid if Metro has confirmed them in writing.

  1. The goods offered for sale in Metro are intended for entrepreneurs and businesses (e.g. further sellers, further processors, trade consumers, service providers) and other institutional consumers only (e.g. hospitals, nursing homes, institutes, cafeterias).

  2. In accordance with Clause I, parties entitled to purchase shall receive purchase ID passes for themselves and for persons named by them, whose data will be registered at Metro. Admittance to Metro is only permitted to these persons if they show their purchasing ID pass together with an official photo ID card. They may only be accompanied by other persons for purposes of assistance. Parents are liable for their children. Parties entitled to purchase shall be liable for any and all misuse of the purchasing ID passes used by themselves and by persons named by them. Purchasers shall undertake to ensure that
    1. no other persons than those entitled to purchase attempt to purchase or actually purchase at Metro with their purchasing ID passes,
    2. the purchasing ID pass is not used for test-shopping purposes,
    3. goods are acquired or attempt is made to acquire goods at Metro with the help of their purchasing ID passes are for further sale, commercial use or personal use in household quantities only,
    4. the purchasing ID pass is to be returned to Metro without delay and without request being made to do so in the event of cessation/suspension of a trade; daily purchasing ID passes are to be surrendered at once and without request being made to do so upon leaving the market.
  3. Loss(es) of purchasing ID pass(es) must be reported to METRO. Upon cessation of a trade, customers shall undertake to inform METRO thereof and to return the purchaser ID passes which have been issued to them.

  4. METRO may re-appropriate purchaser ID passes at any time without stating reasons therefor.

  5. The prices given in METRO offers are daily prices. These offers are also non-binding as regards quantities.

  6. Recording, using and procession information: METRO will record, use and process the information (the "personal data") listed on the customer form or other pre-printed forms for the following purposes:
    1. managing and fulfilling your customer contract with METRO,
    2. general and long-term customer care and/or personalised customer service,
    3. sales advertising,
    4. market research and opinion polling (via the post or electronic media respectively).
    Disclosure for technical processing: Since METRO belongs to the METRO group of companies (i.e. a large conglomerate internationally active), your personal data can be released to one of the international data centres of the METRO conglomerate (whereby all these data centres are operated by METRO Group Information Technology GmbH (MGI) hereinafter referred to as the "data centres") and will be processed in these data centres to attain the objectives set out in the first paragraph. Both METRO and the data centres work in accordance with the European regulations on data protection, in order to guarantee a continuous amount of adequate data protection, even in cases in which data are transferred to lands with varying levels of data protection.

    Access to personal data / Protection of personal data: Access to your personal data is restricted, i.e. only by authorised personnel and/or only for the purposes indicated in the first paragraph and/or for purposes of information-technical back-up and maintenance. METRO avails itself of corresponding technical and operational measures in order to ensure that your personal data are secured and handled confidentially. METRO reviews these measures at regular intervals and improves them if and as necessary, taking into account in this manner further legal developments and/or make improvements to the respective available technology.

    Accuracy and correction of personal data: You are entitled to call up your personal data, check them and request that they be corrected, supplemented, deleted or blocked if and as you may require.

    Revoking consent: You may revoke your declaration of consent (set out below) at any time.

    METRO contact data: Should you still have further questions or wish
    1. to access or verify your personal data or
    2. to enquire about your personal data or
    3. revoke the declaration of consent you have made below, please contact the contracted data-protection agency at its locally applicable e-mail account:datenschutzbeauftragter@metro.at.
    Change to the consent form: We at METRO will inform you if we intend to change the present consent form. Such change as we may make shall be deemed as approved by you unless you raise an objection of whatever kind thereto within a period of two weeks following notification thereof. METRO will draw your attention to the special significance of your action in this regard at the beginning of the term, i.e. upon sending you a confirmation notice of the change.

  7. Anyone tearing open or damaging original packaging shall be obligated to purchase the article.

  8. Invoices shall be paid in cash and in direct counter-performance upon the goods' release. The goods shall remain the property of METRO until all the accounts connected with the business relationship with METRO have been fully settled.

  9. Payment of an invoice shall constitute confirmation that the goods have been duly and properly received with regard to condition and quantity. Deficiencies may only be claimed immediately upon receipt of the goods. METRO shall assume no liability for the purchased goods being suitable for the use the purchaser intends for them.

  10. Parking on the METRO grounds, entering the METRO premises and using means of transport within these premises and on the METRO grounds shall be at the purchaser's own risk. The purchaser shall be obligated to effect compensation for damage occurring due to violation of METRO's provisions set out in Clauses I through XI. Nullity of individual provisions shall not affect the validity of all others. METRO shall be entitled to assert all claims predicated on these terms and conditions.

  11. The court competent in rem at the location of METRO's head offices shall be deemed to have jurisdiction for any and all disputes arising in connection with these terms and conditions.
© METRO Cash & Carry Österreich GmbH
Legal Notes / Imprint – Terms and Conditions of Sale