Previous version retained for existing orders:
August 2026 PDF
(applies to orders submitted under that version — see clause 24.1).
These Terms and Conditions apply to all offers, orders, sales, deliveries and other contractual
relationships between Tack GmbH and its customers. The webshop is operated exclusively on a
business-to-business basis. Sales to consumers are excluded.
1 Scope
1.1These Terms and Conditions ("Terms") apply to all offers, orders, sales, deliveries and other contractual relationships between Tack GmbH ("Tack", "Seller", "we", "us") and its customers.
1.2The webshop is operated exclusively on a business-to-business (B2B) basis. Products may only be purchased by veterinary professionals, veterinary practices and veterinary clinics acting in the course of their professional or business activities.
1.3Sales to consumers are excluded.
1.4Dealers, distributors and other resellers are not authorised to purchase products for resale unless Tack has expressly approved such activity in writing.
1.5Any terms and conditions of the customer shall only apply if expressly accepted by Tack in writing.
2 Registration and Customer Approval
2.1Access to prices and ordering functionality requires registration and prior approval by Tack.
2.2Tack may request information or documentation necessary to verify the professional or business status of the applicant.
2.3Every customer account is subject to manual approval.
2.4Registration does not create any entitlement to approval or continued access to the webshop.
2.5Tack may reject, suspend or deactivate customer accounts where reasonably necessary, in particular if the information provided is incorrect, professional eligibility cannot be verified, payment obligations are outstanding or the account is misused.
2.6Customers must keep their login credentials confidential and are responsible for activity carried out through their accounts.
3 Products and Intended Use
3.1Tack sells veterinary medical products, including veterinary surgical implants, instruments and accessories.
3.2The product range may include both sterile and non-sterile products.
3.3Products intended for professional veterinary use may only be selected, handled and used by appropriately qualified professionals and in accordance with the applicable product information and instructions for use.
3.4The customer is responsible for determining whether a particular product is suitable for the intended veterinary application.
3.5Product images, descriptions, dimensions, specifications and other webshop information are provided for product identification and selection. Minor deviations in appearance, packaging or presentation that do not materially affect the agreed characteristics or intended use shall not constitute a defect.
3.6Tack may act as manufacturer, distributor or reseller depending on the individual product.
4 Orders and Conclusion of Contract
4.1The presentation of products in the webshop does not constitute a binding offer by Tack.
4.2By submitting an order, the customer makes a binding offer to purchase the products included in the order.
4.3Automated acknowledgements confirming receipt of an order do not constitute acceptance.
4.4A contract is concluded only when Tack expressly accepts the order, issues an order confirmation or dispatches the goods.
4.5Tack reserves the right to reject or cancel an order before acceptance, particularly due to lack of availability, incorrect product or pricing information, regulatory or export restrictions, payment issues, inability to deliver to the requested destination, or other reasonable commercial or operational reasons.
5 Prices
5.1Unless expressly stated otherwise, all prices displayed in the webshop are net prices excluding VAT, shipping costs, customs duties, import taxes and other charges.
5.2Prices are stated in EUR unless otherwise agreed.
5.3Individual prices, customer-specific discounts, volume discounts or other commercial arrangements may be agreed separately.
5.4Tack may change webshop prices at any time. Price changes do not affect contracts that have already been concluded.
5.5The price applicable to an order is the price shown at the time the order is submitted, subject to Tack's acceptance of the order.
6 VAT
6.1VAT shall be charged in accordance with applicable Austrian and European VAT law.
6.2Domestic deliveries within Austria are subject to Austrian VAT at the applicable rate.
6.3For intra-EU B2B supplies, goods may be invoiced without Austrian VAT where all requirements for a VAT-exempt intra-Community supply are fulfilled.
6.4Customers must provide a valid VAT identification number where required.
6.5VAT identification numbers may be verified through the EU VIES system.
6.6Where the requirements for VAT exemption are not fulfilled, the applicable VAT will be charged.
6.7Exports to destinations outside the European Union may be treated as VAT-exempt export supplies where the statutory requirements and required evidence are fulfilled.
6.8Customers are responsible for providing complete and accurate tax information.
7 Payment
7.1Unless separately agreed, the available payment method is advance payment by bank transfer. Credit-card payment via Stripe is not currently offered and remains on hold.
7.2Tack may restrict or change the available payment methods at its discretion.
7.3In the case of advance payment, Tack is not required to dispatch goods before full payment has been received.
7.4In the event of late payment, the customer shall owe statutory default interest applicable to B2B transactions under Austrian law.
7.5The customer shall also reimburse reasonable and necessary costs incurred in collecting overdue amounts, including reminder, collection and legal costs, to the extent permitted by law.
8 Delivery
8.1Tack ships products from Austria to customers worldwide, subject to legal, regulatory and logistical restrictions.
8.2Unless otherwise agreed, shipments are made using DHL or another carrier selected by Tack.
8.3Shipping costs are borne by the customer and will be shown during checkout, included in the order confirmation or charged separately.
8.4Delivery dates and delivery times are estimates only and are not binding unless expressly agreed in writing.
8.5Partial deliveries are permitted where reasonable.
8.6Tack may postpone or cancel delivery where performance is prevented or materially impaired by circumstances outside Tack's reasonable control.
9 Risk Transfer and Incoterms
9.1Unless otherwise expressly agreed for an individual transaction, deliveries shall be made CPT — Carriage Paid To, named place of destination, Incoterms 2020.
9.2Tack arranges carriage to the agreed destination and may charge the corresponding shipping costs to the customer.
9.3The risk of accidental loss of or damage to the goods passes to the customer when the goods are handed over to the first carrier contracted for transport.
9.4The customer bears the transport risk from that point onwards, subject to mandatory law.
9.5The customer is responsible for promptly inspecting shipments upon receipt and for asserting transport damage against the carrier where appropriate.
10 International Shipments, Customs and Import Requirements
10.1For deliveries outside Austria, the customer is responsible for ensuring that the ordered products may lawfully be imported, received, possessed and used in the destination country.
10.2Unless expressly agreed otherwise for a particular customer or order, applicable import duties, import taxes and related import clearance fees are payable by the recipient (receiver). These charges are not included in the displayed product prices or shipping charges shown in the webshop.
10.3Transportation charges with the carrier (for example DHL) are billed to Tack's carrier account. Shipping costs are charged to the customer through the webshop as configured at checkout. Duty and tax payment to customs remains with the recipient unless otherwise agreed.
10.4Where customs clearance is required, shipments may be declared as dutiable material regardless of whether duties are paid by the shipper or the receiver.
10.5Tack does not guarantee that every product may legally be imported into every jurisdiction.
10.6Tack may refuse orders or deliveries to countries or territories where legal, regulatory, sanctions-related, logistical or commercial restrictions apply.
11 Product Availability
11.1Product availability information and estimated dispatch dates are based on available inventory and planning information.
11.2Availability displayed in the webshop does not constitute a guarantee that a product can be delivered by a particular date.
11.3If an ordered product is unavailable, Tack may provide an updated estimated delivery date, make a partial delivery, offer an alternative product, or cancel the affected order item and refund any corresponding advance payment.
12 Batch, Lot and Serial Number Traceability
12.1Where applicable, products may be identified and tracked by batch, lot and/or serial number.
12.2Customers must retain product identification information where reasonably required for traceability, complaints, quality investigations or recalls.
12.3Product labels, serial numbers, batch numbers and other identification information must not be removed, altered or obscured.
12.4Customers shall provide relevant batch, serial and order information when submitting a product complaint or responding to a recall or safety notification.
13 Product Recalls and Safety Measures
13.1Customers shall reasonably cooperate with Tack in connection with product recalls, corrective measures, quality investigations and safety notifications.
13.2Where Tack instructs a customer to discontinue use of a specific product, batch or serial number, the customer shall comply without undue delay.
13.3Customers shall provide information reasonably necessary to identify affected products.
13.4Where products have been transferred to another authorised professional with Tack's prior permission, the customer shall cooperate in identifying the recipient where required for a recall or safety measure.
13.5Mandatory statutory obligations relating to product safety and product liability remain unaffected.
14 Inspection and Notification of Defects
14.1The customer must inspect the goods without undue delay after delivery as required under applicable Austrian commercial law.
14.2Apparent defects, incorrect deliveries, quantity discrepancies and visible transport damage must be notified to Tack without undue delay after inspection.
14.3Defects that could not reasonably have been identified during the initial inspection must be notified without undue delay after discovery.
14.4Any notification should include, where applicable, the order or invoice number, product name and SKU, batch/lot/serial number, quantity affected, description of the alleged defect, and photographs or other reasonable supporting documentation.
14.5Failure to inspect and notify defects in accordance with applicable law may result in the loss of warranty, damages or other claims relating to the defect.
15 Returns
15.1Because Tack sells exclusively to business customers, there is no contractual right of withdrawal or return unless expressly agreed otherwise.
15.2Correctly supplied and non-defective goods may only be returned with Tack's prior written approval.
15.3Any acceptance of such a return is voluntary and constitutes an individual goodwill arrangement. It does not establish a general right of return or precedent for future transactions.
15.4Tack may reject returns in particular where packaging has been opened, a sterile barrier has been opened or damaged, the product has been used, the product or packaging has been damaged, traceability cannot be ensured, storage conditions cannot be verified, product identification has been altered or removed, or Tack otherwise considers resale inappropriate for quality, safety or regulatory reasons.
15.5Unless expressly agreed otherwise, all costs and risks associated with an approved voluntary return are borne by the customer.
16 Warranty
16.1Tack does not provide any voluntary product guarantee unless expressly stated in writing for a specific product.
16.2Mandatory statutory warranty rights applicable to B2B transactions remain unaffected, subject to these Terms and the customer's inspection and notification obligations.
16.3Tack shall not be responsible for defects, deterioration or damage caused by improper storage, incorrect handling, improper sterilisation or reprocessing, use contrary to product information or instructions for use, use outside the intended purpose, improper product selection, unauthorised modification, external mechanical or chemical influences, normal wear and tear, or other circumstances occurring after risk has passed to the customer and not attributable to Tack.
16.4Where legally permissible, Tack shall have the right to choose the appropriate remedy, in particular replacement, repair or credit.
17 Professional Responsibility and Product Use
17.1Products intended for veterinary surgical use are supplied for use by appropriately qualified veterinary professionals.
17.2Tack does not make clinical decisions on behalf of the customer.
17.3The veterinary professional remains responsible for diagnosis, treatment decisions, selection of the appropriate implant or instrument, surgical technique, compliance with professional standards, and correct use of the product.
17.4Information provided in the webshop, catalogues, technical documentation or other materials does not replace professional veterinary judgment.
18 Liability
18.1Tack shall be liable without limitation where liability cannot legally be excluded or restricted.
18.2Liability for damages caused by slight negligence is excluded to the extent permitted by law.
18.3The exclusion in clause 18.2 does not apply to personal injury or other liability that cannot legally be excluded.
18.4To the extent permitted by law, Tack shall not be liable for indirect or consequential losses, loss of profit, loss of revenue, loss of business opportunities, business interruption, loss arising from incorrect product selection by the customer, improper storage, handling or use, unauthorised modification of products, or failure by the customer to comply with product information or instructions for use.
18.5Any mandatory liability under applicable product liability legislation remains unaffected.
18.6Tack shall not be liable for acts or omissions of independent carriers beyond the extent required by mandatory law.
19 Retention of Title
19.1Delivered goods remain the property of Tack until all amounts due in relation to the respective delivery have been paid in full.
19.2Until ownership has transferred, the customer shall not pledge the goods or grant security over them without Tack's prior written consent.
20 Force Majeure
20.1Tack shall not be responsible for delays or failure to perform caused by circumstances outside its reasonable control, including natural disasters, fire or flooding, war or civil unrest, governmental measures, sanctions or trade restrictions, epidemics or pandemics, strikes, transport disruptions, supplier failures, shortages of raw materials, energy or infrastructure failures, cyber incidents or comparable events.
20.2Delivery and performance periods shall be extended for the duration of the relevant disruption where appropriate.
20.3If performance becomes permanently impossible or commercially unreasonable as a result of such circumstances, Tack may cancel the affected order in whole or in part.
21 Intellectual Property
21.1All rights in product photographs, illustrations, drawings, descriptions, trademarks, logos, documentation and other webshop content remain with Tack or the respective rights holder.
21.2Customers may use such materials only to the extent necessary for the intended use of purchased products.
21.3Reproduction, modification, publication or commercial use requires Tack's prior consent unless permitted by law.
22 Data Protection
22.1Tack processes personal data in accordance with applicable data protection law, including the General Data Protection Regulation (GDPR).
23 Electronic Communication and Invoices
23.1The customer agrees that order confirmations, invoices, shipping information and other contractual communications may be provided electronically.
23.2The customer must keep its account, billing and contact information accurate and up to date.
24 Amendments
24.1The version of these Terms applicable when an order is submitted shall apply to that order.
24.2Tack may amend these Terms for future transactions.
24.3Updated Terms will be made available through the webshop.
25 Applicable Law
25.1All contractual relationships between Tack and the customer shall be governed exclusively by the laws of the Republic of Austria, excluding its conflict-of-law rules.
25.2The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
26 Jurisdiction
26.1To the extent legally permissible, the court having subject-matter jurisdiction for Tack GmbH's registered office in Austria shall have exclusive jurisdiction over all disputes arising out of or in connection with the contractual relationship.
27 Severability
27.1If any provision of these Terms is invalid or unenforceable, the validity of the remaining provisions shall not be affected.
27.2The invalid or unenforceable provision shall be replaced, to the extent legally permissible, by a valid provision that most closely reflects its commercial purpose.
28 Contact
Tack GmbH
Burgenlandstrasse 1
2486 Pottendorf/Landegg
Austria
Company Registration Number: FN 83789 w
VAT ID: ATU17653108
Email: info@tacktec.at
Managing Director: Dr. Werner Tack