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General terms and conditions
§ 1 SCOPE
(1) For the business relationship between be [...] my friend, Petra Schröckeneder (hereinafter referred to as "BMF") and the customer, the following General Terms and Conditions shall apply exclusively as of 01.01.2016, irrespective of the means of communication used.
2. the customer acknowledges the exclusive validity of the GTC of bmf for the entire business relationship. BRiCK does not recognise deviating conditions of the customer, unless the management of BRiCK has expressly agreed to their validity in writing. If the customer enters into a business relationship with BRiCK by using the website, he recognises the GTC as the basis for the entire business relationship between the customer and BRiCK.
§ 2 CONCLUSION OF THE CONTRACT AND WITHDRAWAL
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the "Send order" button, you place a binding order for the goods contained in the shopping basket. The confirmation of receipt of the order follows immediately after the order has been sent by an automated e-mail and does not yet constitute acceptance of the contract. The acceptance of the contract only takes place when you receive an e-mail from us confirming the dispatch of the goods or the order. We can accept your order within seven days.
You have the option of concluding the purchase contract in German or English. The ordering and business language is also optionally German or English.
3. if bmf cannot accept the customer's offer or if certain products of the order are no longer available, the customer will be informed immediately.
4. in case of writing, printing and calculation errors on the website, BRiCK is entitled to withdraw from the contract.
5. all offers are valid while stocks last. In the event that the supplier of bmf does not supply BRiCK with the ordered goods despite contractual obligation, BRiCK is also entitled to withdraw from the contract. In this case, the customer will be informed immediately that the ordered product is not available. The purchase price already paid will be refunded within 14 working days (whereby Saturday does not count as a working day) or, on request, set off against other goods.
The customer has a right of withdrawal of 14 days. The customer shall bear the costs of the return shipment. The instruction on the prerequisites and consequences of the right of withdrawal are listed below:
You may revoke your contractual declaration in writing (e.g. letter, e-mail) within 14 days without stating reasons. The period begins after receipt of these instructions in text form, but not before receipt of the goods by the recipient. The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be sent to: BE [...] my friend Petra Schröckeneder, Alte Mattseerstrasse 14, A-5020 Salzburg-Mail: info@besoapmyfriend.com The goods are to be sent to: BE [...] my friend Petra Schröckeneder, Alte Mattseerstrasse 14, A-5020 Salzburg.Cancellation ConsequencesIn the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return or surrender the received performance and use (e.g. benefits of use), or are only able to return or surrender it in part or in a deteriorated condition, you must compensate us to this extent. You only have to pay compensation for the deterioration of the goods and for the use made of them if the use or the deterioration is due to the handling of the goods which goes beyond the examination of the characteristics and the functioning. By "testing the properties and functionality" we mean testing and trying out the respective goods, as is possible and customary in a shop, for example. Goods that can be sent by parcel post are to be returned. The customer shall bear the regular costs of the return shipment. Obligations to refund payments must be fulfilled within 30 days.
The period begins for you with the dispatch of your cancellation or the goods, for us with their receipt.The right of cancellation does not apply to the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs Cost-bearing agreementIf the right of cancellation is exercised, the regular costs of return are to be borne by the customer.
END OF THE CANCELLATION POLICY
The place of performance for business transactions is our company location.
§ 3 DELIVERY
1. unless otherwise agreed, delivery shall be made to the delivery address provided by the customer.
2. the delivery will be made by standard (DPD, Austrian Post, or German Post).
For parcels sent within Germany and Austria we charge 5€.
For parcels whose destination is outside Austria and Germany, the price is based on the respective prices of the Austrian Post or DPD.
3. if a delivery to the customer is not possible because the customer is not found at the delivery address given by him, although the delivery date was announced to the customer with a reasonable period of time or the delivery address was not given correctly, the customer shall bear the costs for the unsuccessful delivery.
Delivery shall be made ex warehouse, which is also the place of performance of the delivery. The risk shall pass to the customer upon handover to the customer.
BRiCK is not responsible for delays in delivery and performance due to force majeure. Events of force majeure entitle BRiCK to postpone the delivery by the duration of the hindrance and an appropriate start-up time, or to withdraw from the contract in whole or in part due to the part not yet fulfilled. Force majeure shall not include blockade, export and import bans, fire, flood or other natural disasters, extraterrestrials, strikes or other industrial disputes or tariff disputes, war, unrest or government action (including problems with customs clearance in the country of origin or destination, irrespective of their nature, caused by the default of suppliers or subcontractors (including but not limited to transporters) or other circumstances beyond bmf 's control and other governmental interventions alike, whether occurring at BRiCK or at a supplier of BRiCK.
(6) We shall notify the customer immediately of the occurrence of an event of force majeure which will impede an imminent delivery.
Deliveries are made worldwide, although special security checks must be arranged for certain countries outside Europe before the delivery can be made. This is then clarified with the customer in advance.
§ 4 DUE DATE AND PAYMENT, DEFAULT
1. all product prices of BRiCK are gross prices, include the statutory value added tax and are shown in euros. The prices are valid at the time of the order including VAT, plus all expenses incurred with the shipment until revocation.
The purchase price is due immediately with the order.
The customer can pay the purchase price by prepayment and Paypal. The customer has the possibility of requesting login data from bmf at any time so that he/she can track his/her order.
4. should the customer be in arrears with payment, bmf shall be entitled to demand interest on arrears to the amount of 8% p.a.. In the event that BRiCK has incurred a higher default damage, BRiCK is entitled to assert this.
§ 5 SET-OFF, RETENTION
1. the customer is only entitled to a right of set-off if his counterclaims have been legally established or recognised by BRiCK. The consumer is only authorised to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship. The entrepreneur is not entitled to withhold payments.
§ 6 RESERVATION OF OWNERSHIP
All our deliveries and services are subject to reservation of title. The goods supplied shall remain the property of bmf until all claims against the customer have been settled in full.
The customer is obliged to treat the goods with care during the existence of the reservation of title. The customer must inform us immediately in writing of any access by third parties to the goods, in particular of enforcement measures, as well as of any damage to or destruction of the goods. The customer must notify us immediately of any change of ownership of the goods and of any change of address.
§ 7 WARRANTY
The warranty period shall be in accordance with the statutory provisions. This is 2 years and begins from the time of receipt of the goods.
2. entrepreneurs must inspect the delivered goods for defects within a reasonable period of time and report these in writing within a period of one week from receipt of the goods; otherwise the assertion of warranty claims is excluded.
The warranty does not cover normal wear and tear or wear and tear through use.
4. in the event of a defect in the purchased item for which bmf is responsible, BRiCK is entitled, at its own discretion, to remedy the defect or to make a replacement delivery. If BRiCK is not prepared or not in a position to remedy the defect/replacement delivery or if this is delayed beyond reasonable periods for reasons for which BRiCK is responsible, or if the remedy of the defect/replacement delivery fails in any other way, the customer is entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction of the purchase price.
In the event of a warranty claim for a product purchased in the Online Shop, the customer may return the goods to the contact address provided. If it turns out that there is no defect subject to warranty, bmf will charge the customer for the expenses incurred.
6. compensation for consequential (defect) damage, as well as other property damage, financial loss and damage to third parties against the customer, insofar as it is not a consumer transaction, is excluded.
§ 8 LIABILITY
1. further claims of the customer against bmf other than the warranty claims regulated in § 7, in particular claims for damages, are excluded, insofar as this is legally permissible. bmf is therefore not liable for damages which have not directly occurred to the object of delivery itself and in particular not for loss of profit or for other financial losses of the customer. Insofar as the liability of BRiCK is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
The limitation of liability under § 8 para. 1 shall not apply if the cause of the damage is based on intent or gross negligence or if there is personal injury.
3. bmf is not liable for the services offered by its website being accessible without interruption or for the preservation of stored data.
(4) In the case of the customer, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, in the case of sale by delivery to a place other than the place of performance, upon handover of the goods to the post office or to the person otherwise designated to carry out the delivery. The handover is the same if the customer is in default of acceptance.
§ 9 LINKS AND REFERENCES
1. the links set by bmf to external pages are only signposts to these pages; they are therefore displayed in their own browser windows by means of external links. bmf does not identify with the contents of the pages to which reference is made and does not accept any liability for them.
§ 10 INFORMATION DUTIES
The customer is obliged to provide truthful information when placing the order. Should the customer's data change, in particular name, address, e-mail address, telephone number, the customer shall be obliged to inform bmf of this change without delay by changing the details. Should the customer fail to provide this information, or should he/she provide false data from the outset, in particular a false e-mail address, bmf shall be entitled to withdraw from the contract, insofar as a contract has been concluded.
§ 11 APPLICABLE LAW AND PLACE OF JURISDICTION
(1) Austrian law shall apply.
2. Austrian law is exclusively applicable to all legal transactions between BRiCK and the customer, insofar as this does not conflict with any mandatory legal provisions, to the exclusion of its reference norms and the UN Convention on Contracts for the International Sale of Goods.
3. the Austrian consumer protection provisions shall apply to consumers.
(4) If the customer does not have a general place of jurisdiction in Austria, moves his place of residence or habitual abode abroad after conclusion of the contract or his place of residence or habitual abode is unknown at the time the action is brought, Salzburg shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
If the customer has his domicile or habitual residence in Austria or if he is employed in Austria, only the court in whose district the domicile, habitual residence or place of employment is located may have jurisdiction to bring an action against him pursuant to sections 88, 89, 93 para. 2 and 104 para. 1 JN. This does not apply to legal disputes that have already arisen. For any legal disputes arising from the contract, the mandatory consumer law provisions at the customer's place of residence are also applicable to the contractual relationship.
6. bmf recognises the Internet Ombudsman as an extrajudicial dispute resolution body: Internet OmbudsmanMargaretenstr. 70/2/10A-1050 WienAustriawww.ombudsmann.at
§ 12 SEVERABILITY CLAUSE
If individual provisions of this contract become invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by enforceable and valid provisions whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall also apply in the event that the contract proves to be incomplete.
Status: August 2018.