General Terms and Conditions

General Terms and Conditions

General Terms and Conditions

Table of Contents

§1 Scope of application
§2 Offers, conclusion of contract, obligation to perform
§3 Right of revocation
§4 Prices and payment terms
§5 Delivery and shipping terms
§6 Retention of title
§7 Warranty
§8 Liability and indemnity
§9 User account
§10 Redemption of promotion vouchers
§11 Applicable law
§12 Place of jurisdiction
§13 Out-of-court settlement of disputes
§14 Miscellaneous

§1 Scope of application

(1) These General Terms and Conditions (hereinafter referred to as "GTC") of BORA Holding GmbH (hereinafter referred to as the "Seller"), apply to all contracts for the delivery of goods that a consumer or contractor (hereinafter "Customer") concludes with the Seller with regard to the goods displayed by the Seller in their online shop. Unless otherwise agreed, the inclusion of any customer conditions is hereby excluded.

(2) A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his or her trade, business or profession. An entrepreneur in the above sense is any natural or legal person or a legal partnership who/that, on conclusion of a legal transaction, does so in their commercial or professional capacity.

§2 Offers, conclusion of contract, obligation to perform

(1) Product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve to allow the Customer to submit a binding offer.

(2) All drawings, illustrations, dimensions, weights and other performance data and descriptions are only binding if so explicitly agreed in writing. The same applies for other special properties or in the event that the product must be suitable for a specific purpose. We also expressly reserve the right to technically improve the offered products, or to deliver them in a different design.

(3) Customers can submit an offer by using the online order form integrated in the Seller's online shop. After placing the selected goods in the virtual shopping basket and having gone through the electronic ordering process, the Customer submits a legally binding contract offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process. The receipt of the order by the Seller is confirmed by an
automatically dispatched email, which, however, does
not yet mean acceptance of the order.

(4) The Seller is free to accept the Customer's offer within five days,
• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email),where the date on which the Customer receives this confirmation is decisive, or
• by delivering the goods ordered to the Customer, where the date on which the first delivery attempt is made is decisive, or
• by asking the Customer for payment after providing the Customer's order to the delivery service.

(5) If several of the above-mentioned options apply, the Contract shall become binding at the time at which the first option occurs. The period in which the offer must be accepted commences on the day after the Customer has sent the offer and ends on the fifth day after the Customer has sent the offer. If the Seller fails to accept the offer of the Customer within the aforementioned period, this shall be considered a rejection of the offer which means that the Customer is no longer bound by the offer. The Seller may accept the Customer's offer only in parts.

(6) When placing an order via the Seller’s online order form, the Contract's content shall be stored by the Seller and sent to the Customer in text form (for example by email, fax or letter) including these GTC after the Customer has dispatched the order. In addition, the text of the Contract will be archived on our website and can be accessed free of charge by the Customers concerned using their password- protected customer account, specifying their login information, provided that the Customers have created an account with us before submitting their order.
(7) Prior to a binding submission of the order via the Seller's online order form, Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical method for better checking for input errors can include using the zoom function of the browser to enlarge the display on the screen. During the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until they clicks the button that completes the ordering process.

(8) The contract is concluded in the German language only.

(9) The order processing and contact with the Customer will generally take place by e-mail and subject to automated order processing. Customers must ensure that the email address they provide is correct, so that emails from the Seller are received. In particular, Customers must ensure that the use of spam filters does not hinder the delivery of emails related to the order sent by the Seller or by authorised third parties.

§3 Right of revocation

(1) Consumers have a statutory right of withdrawal.

(2) Further information on the right to cancellation can be found in the Seller's cancellation policy.

§4 Prices and Payment Terms

(1) Unless the product description by the Seller requires otherwise, the indicated prices are total prices including VAT. Any additional delivery and shipping costs shall be separately disclosed in the relevant product description.

(2) Customer(s) is/are notified of the payment option/s in the Seller's online shop.

(3) If the payment by invoice is possible, payment shall be made within ten (10) days after receipt of the invoice. For all other payment terms, prepayment shall be made without deduction.

(4) If third-party providers are commissioned to process the payment, e.g. PayOne or SOFORT transfer, their General Terms and Conditions shall apply. These GTC are available for download on the website of the third party concerned.

(5) The Seller accepts following credit cards: MasterCard, Visa. The credit card will charged after sending the order. The Seller does not store the credit card details.

(6) If the Customer is in default of payment, the Seller is entitled to charge default interest in the amount of 5 (five) percentage points - when the Customer is a consumer, or in the amount of 9.2 (nine point two) percentage points above the base rate when the Customer is an entrepreneur. Default interest are capitalised upon expiry of 2 (two) months after maturity.

(7) The Customer's obligation to pay default interest does not preclude the assertion of further damages on the part of the Seller for damage caused by the default.

(8) In case of default on the part of the Customer with regard to payment or other obligations, the Seller is entitled, without prejudice to any other rights, to withhold delivery until the agreed consideration has been provided in full, subject to complying with the still open delivery period, or withdraw from the contract after expiry of a reasonable appropriate grace period and claim damages for non- performance. In this case, the Customer must return any goods already delivered to us without undue delay and at their expense. The Seller reserves the right to assert claims for damages for depreciation, wear and tear, compensation for own transport costs, etc.

(9) In the case of a breach of contractual obligations, the Customer agrees to reimburse the Seller all necessary expenses for proper pursuit of our claims. In addition, the Customer shall refund the costs of debt collection agencies up to the maximum fees as stipulated in the Austrian Ordinance for maximum debt collection fees [InkassoVO] and the costs of lawyers pursuant to the Austrian lawyer fees fixed by law [RATG].

§5 Delivery and shipping terms

(1) Unless otherwise agreed, delivery of the goods shall be made by shipping them to the delivery address provided by the Customer. The Seller does not deliver to parcel delivery stations. For the purpose of processing the transaction, the delivery address stated during the processing of the order by the Seller shall be decisive. Costs incurred through a subsequent change of delivery address shall be paid exclusively by the Customer.

(2) If the Customer is an entrepreneur, the Customer shall bear the burden of the risk that the purchased goods are lost or damaged during transport by a third party commissioned by the Seller, such as the Österreichisches Post AG or any other shipping or courier services. The risk shall pass upon handover of the ordered goods to the third party commissioned to transport these goods. Hence, the Seller does not incur any liability for delivery of the goods to the Customer by third parties.

(3) Any delivery dates stated are always non-binding. Failure to comply with the delivery dates shall entitle the Customer to withdraw from the contract only if the Seller fails to make delivery despite a grace period at least two weeks set by the Customer in writing for delivery. Unless otherwise agreed, the Seller shall ship the ordered goods to the Customers within no later than 30 (thirty) days after conclusion of the contract.

(4) The delivery deadline shall be extended by any circumstances that intervene irrespective of the will of the Parties, such as force majeure, unforeseeable malfunction, intervening acts of public authorities, transport and customs delays, transport damage, industrial conflicts, lack of raw materials, power failure, etc. by the duration of the obstruction. If the Seller cannot be reasonable expected to provide their performance any longer due to these circumstances, the Seller shall be entitled to refuse performance. Any claim for damages on the part of the Customer for delivery delays is excluded, especially if the Seller is not responsible for the circumstances giving rise to the delivery delay.

(5) Unless otherwise agreed, the delivery period begins to run upon receipt of the order confirmation and ends upon dispatch of the goods.

(6) If partial deliveries are possible, they are also legally permitted. Any partial delivery counts as a separate transaction and change be invoiced separately by the Seller. In case of a delay of a partial delivery, the Customer cannot assert any rights in regard to the other partial quantities of the goods.

(7) For logistical reasons, deliveries may not be collected by the Customer.

§6 Retention of title

(1) The seller reserves this right until full payment of the purchase price owed for the title to the goods supplied is paid.

(2) Prior to complete payment of the goods, the Customer is not permitted to pledge the goods, to use them as securities or to grant third parties other rights thereto. The Customer must notify the Seller without undue delay and in writing of any enforcement measures and other intervening acts of third parties affecting our legal position in regard to the goods subject to retention of title. The Customer shall object to such measures without delay with reference to the retention of title for the benefit of the Seller.

§7 Warranty

(1) Defects must be notified as far as possible in a timely manner after their discovery, without prejudice to the rights of the Customer, if the Customer is a consumer. If the Customer is an entrepreneur, the Customer must check the delivered goods without undue delay after receipt for completeness, correctness and absence of any other defects and report any defects without undue delay within (14) fourteen days after receipt of the goods, on pain of forfeiture of any claims or rights to which the Customer would have been entitled in case of defects detectable in the course of an ordinary (regular) inspection. Any defects not immediately visible must be reported in writing within 14 (fourteen) days after discovery, but in any case within one year after delivery. If a complaint does not comply with the requirements concerning form or timing, the goods are deemed to have been accepted. A defect in a partial delivery does not entitle the Customer to withdraw from the contract.

(2) An entrepreneur is not entitled to refuse acceptance of the performance of the Seller in case of merely minor defects. If acceptance is repeatedly refused by an entrepreneur without a valid reason, the delivery shall be made automatically by providing our performance or by their use by the entrepreneur. As of this time, the performance of the Seller shall be deemed to have been made/delivered free of defects.

(3) The warranty period for movables is 2 (two) years for consumers; for entrepreneurs, the warranty period is 6 (six) months. The entrepreneur bears the burden of proving the existence of the defect. In the presence of a defect covered by a warranty, the Seller shall be obliged, at their choice, to either cure the defect or grant a reasonable price reduction if the other party is an entrepreneur.

(4) The warranty does not extend to a subsequent modification and/or improper handling of the products, or in the case of non-compliance with safety regulations or security measures.

§8 Liability and indemnity

(1) The following disclaimers and limitations apply to the Seller's liability for damages, without prejudice to the other statutory eligibility requirements.

(2) The Seller shall have unlimited liability if the damage was caused by intent or a grossly negligent breach of duty on the part of the Seller.

(3) Furthermore, the Seller is liable for a slightly negligent breach of essential duties, the breach of which jeopardises/endangers the achievement of the purpose of the contract, or for the breach of obligations the fulfilment of which the Customer can regularly upon to enable the proper execution of the contract in the first place. In this case, however, the Seller shall be liable only for foreseeable, typical damages. The Seller shall not be liable for a slightly negligent breach of obligations other than those specified in the preceding clauses.

(4) The above limitations shall not apply to injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

(5) If the Seller's liability is excluded or limited, this shall also apply to the personal liability of the Seller's employees, representatives and vicarious agents.

(6) The Seller shall not be liable for damages resulting from unauthorised payment transactions of an authorised credit card company.

§9 User account

(1) The Customer is aware that the Internet is not a secure communication medium and that third parties may obtain knowledge of and/or modify data transmitted via the Internet. To the extent permitted under the applicable law, the Customer bears the risk that data will not reach the Seller or not in the form dispatched by the Customer. The Seller may rely on the assumption that the data were dispatched by the Customer in the manner that we received them.

(2) If the Customer creates an account with the Seller and absent any mandatory statutory provisions, the Customer shall be responsible for ensuring that the confidentiality of the account and password is protected and access to their computer is restricted; in this regard, the Customer is responsible for all activities carried out via the Customer's account or password.

(3) Customers shall inform the Seller without delay if they become aware that a third party has obtained knowledge of their password or has made unauthorised use of it, or suspects that this may be the case.

(4) The Customer must ensure that the information provided when creating the user account is correct and complete, and inform the Seller without delay about any change of the information provided there, in particular also about any change of address and contact data. Customer may do so themselves in the "myBORA Profile" section on the website. Customers can also access their current account settings in this section at any time.

§10 Redemption of promotion vouchers

(1) Vouchers which are issued free of charge by the Seller as part of advertising campaigns with a certain validity period, and which cannot be purchased by the Customer (hereinafter referred to as "Promotion Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

(2) Promotion vouchers may be redeemed only by consumers.

(3) Individual products may be excluded from the voucher campaign, if a corresponding restriction is apparent from the content of the promotion voucher.

(4) Promotion vouchers can be redeemed only before completing the checkout process. The voucher cannot be deducted retrospectively.

(5) Only one voucher may be redeemed per order.

(6) The value of goods must correspond at least to the amount of the promotion voucher. The Seller will not refund any remaining credit.

(7) If the value of the promotion voucher is not sufficient to cover the amount of the order, the difference can be settled with one of the other methods of payment offered by the Seller.

(8) The balance of a promotional voucher will not be paid out in cash or bear interest.

(9) The promotion voucher will not be refunded if the Customer returns the goods, which were fully or partially paid with the promotion voucher, based on the Customer's legal right of withdrawal.

(10) The promotion voucher is transferable. The Seller can perform with discharging effect, to each holder, who redeems the promotion voucher in the Seller's online shop. This does not apply if the Seller knows or ignores through gross negligence that the holder concerned is not authorised, legally incapable of acting or lacks power of representation.

§11 Applicable law

The laws of the Republic of Austria, excluding the laws on the international sale of goods (CISG), apply to all transactions between the Parties.

§12 Place of jurisdiction

Place of jurisdiction for all disputes arising out of or in connection with this Agreement shall be the court materially competent for the location of the registered office of the Seller. If the Customer is a consumer, this place of jurisdiction shall be deemed to have been agreed only if the Customer has his/her domicile, habitual residence or place of customary employment in this judicial district. Alternatively, we may also sue the Customer at their general place of jurisdiction.

§13 Out-of-court settlement of disputes

(1) The EU Commission provides an online platform for online dispute resolution at the following link: http://ec.europa.eu/consumers/odr

(2) This platform serves as a focal point for the extra- judicial settlement of disputes arising from online sales or service contracts, in which a consumer is involved.

(3) The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer dispute resolution board.

§14 Miscellaneous

(1) In the case of incorrect, incomplete and unclear information by the Customer in connection with the ordering of products, the Customer is liable to the Seller for all resulting costs incurred by us. In the case of other damages, the Customer is obliged to notify the Seller without undue delay in writing about any change of name or address, in case of a relocation of the Customer's place of residence. If the Customer fails to do so, any written communication sent to the address last notified by the Customer to the Seller shall be deemed to have been validly served.

(2) Any transfer of rights under the agreement concluded with us to third parties requires our written consent.

(3) Any changes or side agreements must be confirmed in writing by authorised representatives of the Seller registered in the register of companies to be effective and shall apply only for the specific business transaction. All other employees of the Seller are not authorised to make any changes or side agreements to these GTC.

(4) Should one of the above provisions be invalid or inoperative, the validity of the remaining provisions and of the underlying Agreement shall remain unaffected. The invalid or inoperative provision shall be replaced by a valid or enforceable provision that most closely matches the invalid or inoperative provision in economic terms.

last changed at 10/31/2019