General Terms and Conditions including Customer Information

1) Scope of Application

1.1 These General Terms and Conditions (hereafter referred to as „GTC“) of the company

BHM-Tech Produktionsgesellschaft mbH
Grafenschachen 242, 
7423 Grafenschachen, Austria
Email: nice_2_hear_u(at)bhm-tech.at

Phone: +43 (0)3359 200 78 0

Fax: +43 (0)3359 200 78 19

(hereinafter referred to as „Seller“) shall apply to all contracts on the delivery of goods concluded between a consumer or business entity (hereinafter referred to as “Customer”) and the Seller with regard to the goods displayed by the Seller in their online shop. The inclusion of the Customer’s own terms and conditions in the contract is expressly objected to, unless otherwise explicitly agreed.

Within the framework of these GTC, the "consumer" shall mean any natural person concluding a legal transaction for purposes which cannot be attributed primarily to their commercial or self-employed activities. A commercial entrepreneur within the meaning of these General Terms and Conditions is a natural or legal entity or a judicable partnership that in concluding a legal transaction is acting in the execution of its commercial or independent business activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the Seller’s part, but serve as the basis for the submission of a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. By doing so, after having added the selected products to the virtual shopping cart and having gone through the required steps of the electronic order process, the Customer submits a legally binding offer with regard to the goods contained in the shopping cart by clicking on the order button which finalizes the order process.

2.3 The Seller may accept the Customer’s offer within a period of five days

• by submitting a written order confirmation or an order confirmation in text form (via fax or email) to the Customer, in which case the receipt of the order confirmation by the Customer shall be relevant, or
• by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer shall be deemed to be relevant, or
• by requesting the Customer to make the payment after the order has been placed.

In cases where several of the alternatives stated above exist in parallel to each other, the contract is concluded at that point of time when one of the alternatives referred to above occurs first. The period for the acceptance of the offer shall be deemed to commence on the day following the submission of the offer by the Customer and shall end on the fifth day following the submission of the offer. If the Seller does not accept the Customer’s offer within the period of time indicated above, this shall be deemed to be regarded as a refusal of the offer with the effect that the Customer is no longer bound to his/her declaration of intent.

2.4 Upon submission of an offer through the Seller’s online order form, the contractual text is saved by the Seller and shall be sent to the Customer after the order has been placed, including the present General Terms and Conditions in text form (e.g. via email, fax or letter).
In addition, the contract text is archived on the Seller's webpage and can be retrieved free of charge by the Customer through his/her password protected customer account by entering the respective login information.

2.5 Prior to the binding placement of the order through the Seller’s online order form, the Customer can identify potential entry errors by reading carefully the information displayed on the screen. The Customer can continuously correct his/her data entries within the framework of the electronic order process by means of the common keyboard and mouse functions, until he/she opts to click on the button which completes the order process.

2.6 All texts required for the conclusion of the contract are made available in German and English language. The contract may be concluded in German and English language.

2.7. The order processing and communication take place, as a rule, via email and automated order processing. The Customer shall be obliged to ensure that the email address indicated by him/her for the purpose of order processing is correct to make sure that the emails sent by the Seller may be received at this address. Particularly, it is the Customer's responsibility to ensure that the use of SPAM filters does not hinder the delivery of e-mails related to order processing that are sent by the Seller or authorized third parties.

3) Right of Withdrawal

3.1 Consumers are, as a matter of principle, entitled to exercise their right of withdrawal.

3.2. More detailed information on the right of withdrawal is contained in the Seller’s Instructions on the Right of Withdrawal.

3.3 The right of withdrawal shall not apply to consumers who, at the time of  the contract conclusion, are not a citizen of a Member State of the European Union, and whose sole place of residence and delivery address at the time of contract conclusion are outside the European Union, unless the applicable law of the country where the consumer has his/her habitual abode provides for a right of withdrawal.

4) Prices and Terms of Payment

4.1 Unless otherwise stated in the Seller’s product description, the indicated prices shall be deemed to be total prices which include the statutory VAT . Any costs that may incur additionally for delivery and insurance shall be indicated separately in the respective product description.

4.2 In respect of shipments to countries outside the European Union, further costs may be incurred, depending on the individual case. These are beyond the Seller’s control and sphere of responsibility and need to be borne by the Customer. Such charges include, for example, the fees charged by banks for money transfer (e.g. bank transfer fees, currency conversion charges) or import levies or taxes (e.g. customs duties). Such costs may also be incurred with regard to the money transfers in cases where the shipping is not made to a country outside the European Union, and when the Customer arranges for the payment from a country outside the European Union.

4.3 The payment options shall be communicated to the Customer when visiting the Seller’s online shop.

5) Terms of Delivery and Despatch

5.1 The delivery of goods shall be made through the dispatch route to the delivery address indicated by the Customer, unless otherwise agreed.

5.2 If the Customer acts as an entrepreneur, the risk of accidental loss and the accidental deterioration of the sold items shall pass to the Customer upon the Seller’s delivery of the goods to the forwarding agent, the carrier or any other person or company charged with the execution of the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall, as a matter of principle, only pass to the Customer or an authorized person when the delivered goods are handed over to them. By way of derogation from the foregoing,  the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the Customer in respect of consumers as soon as the Seller has  delivered the goods to the forwarding agent, the carrier or any other person or company charged with the execution of the shipment, if the Customer has commissioned the forwarding agent, the carrier or any other person or company with the execution of the shipment and the Seller has not designated this person or company towards the Customer before.

6) Retention of Title

6.1 Until full payment of the due purchase price has been made, the Seller retains ownership title in the delivered goods towards consumers.

6.2 In respect of entrepreneurs and business entities, the Seller retains ownership title in the delivered goods until all claims resulting from an ongoing business relationship have been settled in full.

6.3 If the Customer acts as an entrepreneur, he/she shall be entitled to a resale of the conditional commodity within the course of the proper business operation. Any claims resulting thereof towards third parties shall be assigned in advance by the Customer towards the Seller in the amount of the respective invoice value (including VAT). This assignment shall apply irrespective of whether the goods subject to retention of title were resold without or after processing. Even after assigning them, the Customer shall remain entitled to enforce and collect the claims. The Seller’s entitlement to collect the claims himself shall remain unaffected by the foregoing provision. The Seller shall, however, refrain from collecting the claims and receivables himself as long as the Customer meets its payment obligations towards the Seller, does not become delinquent with payments, is not in arrears with payment, and in particular no petition for the opening of insolvency proceedings is filed.

7) Warranty

In case of faulty goods and defective products, the provisions of the statutory warranty shall apply. By derogation from the foregoing, the following provisions shall apply:

7.1 For entrepreneurs and business entities

• In case of insignificant defects, the Seller shall be entitled to choose the type of defect rectification and remedying;
• the limitation period shall not be renewed, if a replacement delivery is provided under warranty.

7.2 The limitations of liability and abridgements of the limitation period stipulated above shall not apply to

• damages resulting from the injury of life, limb or health or damages based on an intentional or negligent breach of duty by the Seller or if such intentional or negligent breach of duty may be attributed to the Seller’s legal representative or its vicarious agent.
• cases where the Seller has maliciously concealed the defect.

7.3. Furthermore, entrepreneurs and business entities shall be obliged to comply with the requirement to give notice of defects pursuant to Section 377 of the Austrian Company Code (i.e. § 377 UGB); otherwise warranty claims, claims for damages related to the defect itself or due to an error on the absence of defects of the item may not be asserted any more.

8) Liability

The Seller undertakes to assume liability towards the Customer for any contractual, quasi-contractual, statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 The Seller assumes liability for any legal reason without limitation

• in case of wrongful intent or gross negligence,
• in case of injury of life, body or health.

8.2. Furthermore, any liability on the Seller’s part shall be excluded.

8.3 The liability provisions referred to above shall also apply with regard to the Seller’s liability to be assumed for his vicarious agents and statutory representatives.

9) Applicable Law

9.1 The entire legal relationships between the parties shall be governed by Austrian law excluding the provisions governing the United Nations Convention on Contracts for the International Sale of Goods (CISG). As far as consumers are concerned, such choice of law shall be applied only insofar as the granted protection is not deprived due to obligatory provisions of the country where the consumer has his or her habitual abode.

9.2 In respect of the statutory right of withdrawal, this choice of law shall, furthermore, not apply to consumers who, at the time of the contract conclusion, are not a citizen of a Member State of the European Union, and whose sole place of residence and delivery address at the time of contract conclusion are outside the European Union, unless the applicable law of the country where the consumer has his/her habitual abode provides for a right of withdrawal.

10) Alternative Settlement of Disputes

10.1 The EU Commission provides an online platform for the settlement of disputes which can be accessed at the following internet link at: http://ec.europa.eu/consumers/odr

This platform serves as a contact point for the extrajudicial resolution and settlement of disputes arising from online purchase contracts or service agreements with consumers involved as a party to the contract.

as of April 2018