General Terms and Conditions and Customer Information
I. General Terms and Conditions:
§ 1 General Terms
(1) The following terms and conditions apply to all contracts concluded with us as the vendor (Benjamin Dullinger) via the website www.bendu-onlineshop.at. If not agreed otherwise, your possibly existing own terms and conditions are declined.
(2) Private customer in the context of the following regulations is every natural person concluding a legal transaction for purposes which cannot be attributed to neither commercial nor independent work for the most part. Commercial customer is every natural or legal person or partnership with legal capacity exercising its commercial or independent professional activity upon conclusion of a legal transaction.
§ 2 Conclusion of contract
(1) GSubject matter of the contract is the sale of merchandise.
Our product presentations on the Internet are unbinding and do not present a binding offer for conclusion of a contract.
(2) You may offer a binding purchase offer (order) by means of the online shopping cart system. The merchandise intended to be purchased is placed in the "shopping cart". You may call the "shopping cart" and modify its content at any time by clicking the corresponding button in the navigation bar. All order data is displayed on the order overview after having called page "Checkout" and entered the personal data as well as the payment and shipping conditions.
If you are using the instant pay system "PayPal - Express" by click the corresponding button in the shop system, you will be redirected to the PayPal login page. Following successful login, your address and account data registered with PayPal will be displayed. You will return to our online shop's order overview by clicking the "continue" button. You can revise and change all data (also using the "back" function of the browser) and also cancel the order before sending it. By submitting the order using the "Place binding order" button you are sending us a binding order.
You will first receive an automatic email confirming receipt of your order which does not yet conclude the contract.
(3) The acceptance of the offer (thus the conclusion of the contract) is made within 2 days by written confirmation (e.g. email) in which the execution of the order or delivery of merchandise is confirmed (order confirmation). You are not bound to your order anymore if you have not received a corresponding message. Any possible payments already carried out will be immediately reimbursed in such case.
(4) Your requests for quotation are unbinding on your part. We will send you a corresponding binding offer in writing (e.g. via email) which you may accept within 5 days.
(5) The processing of the order and transfer of all information required in the context of the concluded contract is carried out via email, partially automated. You therefore need to ensure that your email address registered with us is correct, that the reception of emails is guaranteed, and that no spam filter is blocking it in particular.The processing of the order and transfer of all information required in the context of the concluded contract is carried out via email, partially automated. You therefore need to ensure that your email address registered with us is correct, that the reception of emails is guaranteed, and that no spam filter is blocking it in particular.
§ 3 Right of retention, reservation of title
(1) You may only exercise a right of retention as far as the claims stem from the same contractual relationship.
(2) The merchandise remains our property until fully paid.
(3) The following additionally applies for commercial customers:
a) We reserve the right of property of goods until all claims from the current business relationship have been satisfied. The reserved goods may not be used as pledge or security transfer until the transfer of ownership has taken place.
b) You may sell the merchandise in the ordinary course of business. In doing so, you assign all claims arising from the resale to third parties to us already; we do accept the cession. You remain entitled to collect the receivables. However, we reserve the right to directly collect the receivables if you do not properly satisfy your payment obligations.You may sell the merchandise in the ordinary course of business. In doing so, you assign all claims arising from the resale to third parties to us already; we do accept the cession. You remain entitled to collect the receivables. However, we reserve the right to directly collect the receivables if you do not properly satisfy your payment obligations.
c) If the reserved goods are combined or mixed , we shall have co-ownership of the new item in proportion to the invoice value of the retained goods to the invoice value of the other goods used at the point of processing.
d) We commit ourselves to release our securities upon the request insofar as the realizable value of our securities exceeds our reserved claims by more than 10%. The selection of the securities to be released is our responsibility.
§ 4 Warranty
(1) The legal warranty rights apply.
(2) Differing from sec. 1, the following applies for commercial customers:
a) Only information provided by us and the manufacturer's product description pass for condition of merchandise but not any other advertising or statements of the manufacturer.
b) You are obliged to immediately and thoroughly inspect the merchandise for variances in quantity and quality and to report apparent defects within 7 days from receipt of merchandise in writing; dispatch within this period suffices to meet the deadline. This also applies to defects discovered later. Warranty claims are excluded if the obligation to inspect and notification of defects is not met.
c) We will fulfil the warranty by rework or replacement at our discretion. If the correction of faults fails twice, you may demand a reduction or withdraw from the contract. We are not obliged to cover increased expenses caused by the shipment of merchandise to a location other than the place of delivery if the shipment does not correspond to the intended use of the merchandise.
d) The warranty period is one year from delivery of merchandise. The shortened warranty period does not apply to damage arising from loss of life, bodily injury or damage to the health of a person caused by culpable conduct within our responsibility, neither for damage caused intentionally or with gross negligence or fraudulent intend nor recourse claims according to §§ 478, 479 BGB.
§ 5 Liability
(1) We assume liability for all damages culpably caused by us to the life, limb or health of an individual, in all cases of intent or gross negligence, fraudulent concealment of a defect, and for guarantees given for properties of the merchandise in all other cases established by law.
(2) The liability for defects in the scope of statutory warranty complies with the corresponding regulation in our customer information (part II) and general terms and conditions (part I).
(3) To the extent that essential obligations are affected, our liability shall be limited to the predictable contract damage in cases of slight fault. Essential obligations are determined by the nature of the contract and would jeopardize the realization of the contract purpose in case of their violation. These obligations must stringently be met for the achievement of the purpose of the contract to be possible. You may regularly rely on their fulfilment.
(4) Liability is excluded for slightly negligent violations of minor duties of the contract.
(5) Data communication via Internet cannot be guaranteed to be correct and available always with the state of the art today. In this respect, we do not assume any liability for permanent and continuous availability of the website and the services offered therein.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. This choice of law shall only apply to consumers if the granted protection is not withdrawn through compelling provisions of the state of habitual residence of the consumer (principle of favorability).
(2) Place of performance for all services originating from existing business relationships with us as well as place of jurisdiction is at our registered office if you are not a consumer but merchant, legal entity under public law or a body of separate funds under public law. The same applies if you have no place of general jurisdiction in Germany or the EU or if your residence or habitual residence is unknown when the complaint is filed. The capacity to appeal to another court of jurisdiction remains thereby unaffected.
(3) The regulations of the UN sales law are expressly waived.
II. Customer information:
1. Identity of the vendor
Phone: +43 (0)6765702585
The European Commission provides a platform for extrajudicial dispute resolution online (OS platform); available underhttp://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction possibilities are made according to § 2 of our general terms and conditions (part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. The full contract text is not stored by us. The contract data con be printed using the browser's print function or electronically saved before sending the order via the online shopping cart system. The order data, the legally required information for distance contracts, and the general terms and conditions are sent to you via email once more after having received the order.
3.3. You will be provided with all contract data as part of a binding offer via email which may be printed or electronically saved in case of an inquiry for a quote from outside of the online shopping cart system.
4. Essential features of the merchandise or service
The essential characteristics of the merchandise and/or service are stated in the product description and the supplementing information on our website.
5. Prices and payment arrangements
5.1. The prices stated in their respective offers as well as the shipping charges are full prices. They include all price components including all incidental taxes.
5.2. The incurring costs of shipment are not included in the purchase price. They can be called using the correspondingly labeled button on our website; they are separately shown in the course of the order transaction and will additionally incur at your expense if the delivery has not been granted free of charge.
5.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective item description.
5.4. If not stated differently for the individual payment methods, accounts payable from the concluded contract are due immediately.
6. Terms of delivery
6.1. The terms of delivery, the date of delivery, as well as possibly present restrictions regarding delivery are shown under a correspondingly labeled button on our website or in the respective item description.
6.2. As a consumer you are protected against accidental loss and damage of the merchandise during transit by law - regardless of the shipment being carried out with insurance coverage or not - as the transfer of risk takes place only when the merchandise is actually handed over. This does not apply when you order a transportation firm other than the ones stated by the vendor or any other person to take charge of the shipment on your own behalf.
The shipment and delivery is carried out at your risk if you are a commercial customer.
7. Legal liability for defects
7.1. The liability for our merchandize is stipulated in regulation "Warranty" of our general terms and conditions (part I).
7.2. We ask you as a consumer to check the merchandise for completeness, obvious defects, and transport damages immediately and to inform us as well as the forwarding agent about complaints. Not doing so does not affect your legal warranty claims.
These general terms and conditions as well as the customer information have been created by Händlerbund lawyers specialized in IT law and are subject to continuous validation regarding compliance with the law. Händlerbund Management AG ensures legal certainty and is liable in case of warnings. More information on this subject:
last update: 01.18.2016