GENERAL TERMS
AND CONDITIONS
I. SCOPE OF APPLICATION
BÜNTE Austria GmbH (hereinafter: BÜNTE) concludes contracts exclusively on the basis of these GTC. These General Terms and Conditions shall also apply to order extensions and follow-up orders as well as to the entire business relationship with the contractual partner without the need for a new agreement in each individual case. Any general terms and conditions of our customers and other contractual partners are expressly not recognised..
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II. OFFER AND CONCLUSION OF CONTRACT
1. Online Shop
1.1 BÜNTE operates various online shops for the sale of trailer technology and vehicle technology. By placing an order by clicking on the corresponding button in the respective online shop, the customer submits a binding offer to BÜNTE to conclude a purchase contract for the goods in question with the specifications selected by the customer at the purchase price stated in each case.
1.2 The confirmation of receipt of the order by e-mail does not constitute acceptance of the offer. Rather, the declaration of acceptance is only made when the ordered goods are dispatched by BÜNTE.
2. Other sales channels
2.1 If the order is not placed via the online shop, but by e-mail or other means, the customer is bound to his order for eight weeks from receipt by us. The contract is concluded when the customer has received a written order confirmation. The content of this confirmation in conjunction with the order is exclusively authoritative for the content of the contract. The general rules of contract conclusion apply to cash transactions. Amendments or additions to the contract as well as verbal agreements require written confirmation by BÜNTE to be legally valid without exception.
2.2 Our offers are always subject to change and only valid while stocks last. Cost estimates are prepared to the best of our expertise, but no guarantee is given for their accuracy. If costs increase by more than 15% after the order has been placed, we will inform the contractual partner immediately. In the case of unavoidable cost overruns of up to 15%, separate notification is not required and we are authorised to invoice these costs without further ado. Unless otherwise agreed, we shall be entitled to invoice changes to the order or additional orders at reasonable prices.
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III. DELIVERY AND DELIVERY TIME
1. Our offers are always subject to change and only valid while stocks last. Cost estimates are prepared to the best of our expertise, but no guarantee is given for their accuracy. If costs increase by more than 15% after the order has been placed, we will inform the contractual partner immediately. In the case of unavoidable cost overruns of up to 15%, separate notification is not required and we are authorised to invoice these costs without further ado. Unless otherwise agreed, we shall be entitled to invoice changes to the order or additional orders at reasonable prices.
2. Cases of force majeure, strikes, lockouts, operational disruptions and the like, delays in delivery by our suppliers, delays in dealing with authorities, transport blockages or obstructions, mobilisation, war, public unrest, riots, looting, import, transit and export bans and similar events shall entitle us to withdraw from the contract in whole or in part or to adjust our delivery deadlines accordingly, without the customer being entitled to any claims as a result. In cases in which we are unable to effect delivery or can only do so with difficulty for any reason whatsoever, e.g. also due to foreign exchange difficulties, changes in types or manufacture, etc., we shall only be obliged to refund the advance payment made without interest, to the exclusion of further claims.
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IV. CONTENT AND FORM OF DELIVERY
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1. Our specifications in the respective online shop and in catalogues and brochures regarding dimensions, speeds, weights, figures etc. are to be regarded as approximate only and are not binding. We reserve the right to make changes.
2. The place of fulfilment for both our performance and for all counter-performance is the registered office of BÜNTE Austria GmbH, Galgenau 39, 4240 Kefermarkt. The delivery costs and the transport risk shall be borne by our contractual partner, unless otherwise agreed.
3. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery of the goods to the forwarding agent, carrier or other person or organisation designated to carry out the shipment. The statutory provisions shall apply to contracts with consumers.
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V. PRICE AND TERMS OF PAYMENT
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1. The purchase price shall be the price stated in the online shop at the time of the order or the price stated in the order confirmation. If the online shop is only aimed at business customers, this price is exclusive of the applicable statutory VAT and exclusive of shipping costs, which are listed separately. If the online shop is also aimed at consumers, the sales price quoted also includes the applicable statutory VAT and the expected shipping costs. All prices are quoted in euros.
2. If the price for the goods in question generally changes after the order has been placed, BÜNTE is entitled to invoice the customer for the increased price. In this case, the customer can withdraw from the contract immediately after notification of the price increase by post or e-mail. Increases in ancillary costs affecting BÜNTE such as freight rates, insurance premiums, customs duties etc. entitle us to corresponding price increases without the customer being entitled to a right of cancellation. For consumer contracts, § 6 para. 1 no. 5 KSchG applies.
3. BÜNTE offers the customer various options for paying the purchase price. If payment is not made at the same time as the order (such as direct transfer or payment by credit card, PayPal, Klarna, etc.), but the customer receives an invoice, the purchase price including shipping costs must be transferred to BÜNTE within 14 days of receipt of the invoice at the latest, whereby the customer must bear all transaction costs and other charges for monetary transactions and the payment must be received in BÜNTE's account within this period. The invoice will be sent exclusively to the e-mail address specified by the customer when placing the order and is deemed to have been received upon dispatch. The customer must therefore check his spam folder regularly.
4. In the event of default of payment, the statutory default interest of 4% p.a. shall apply to consumers and the default interest pursuant to § 456 UGB (Austrian Commercial Code) shall apply to entrepreneurs. In addition, BÜNTE is entitled to charge reminder fees in the amount of € 15.00 and, at its own discretion, either to demand fulfilment and compensation for damages due to the delay or to withdraw from the contract and demand compensation for damages due to non-fulfilment. If payment is made in several instalments, the deadline is lost, i.e. all outstanding amounts are due for payment immediately.
5. If the creditworthiness or credit standing of the customer deteriorates, BÜNTE is entitled to withhold its own performance until payment or security is provided by the customer or to withdraw from the contract and to claim damages for non-performance in the amount of at least 30% of the net order value. The assertion of any further claims for damages remains unaffected by this.
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VI. SHIPPING
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1. BÜNTE selects the shipping method and the carrier at its own discretion, whereby we indicate the expected shipping costs in advance of the order in the online shop. However, the customer acknowledges that the final amount of the shipping costs depends on the place of dispatch and can therefore only be communicated to the customer in the order confirmation. The shipping costs may therefore be higher than stated in the order.
2. Transport damage and incompleteness can only be claimed within seven days of the consignment arriving at its destination. Returned goods will only be accepted by us after prior notification and only if they are sent back to BÜNTE carriage paid. Customised products and special orders are generally not taken back.
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VII. RESERVATION OF OWNERSHIP
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1. Delivered or handed over goods remain the property of BÜNTE until full payment has been made. In the event of default of payment, we are entitled, without prejudice to our right of withdrawal, to repossess the subject matter of the contract and to refuse to hand it over to the customer until we have been fully satisfied, without this constituting any unauthorised interference. The customer, whether end customer, intermediary or entrepreneur, also agrees that in the event of cancellation of the purchase contract due to default of payment, we shall immediately acquire full power of disposal over the items delivered by us, regardless of where they are located, i.e. that the items delivered by us can also be taken directly from the customer or otherwise from his power of disposal.
2. Sale, pledging or transfer by way of security of the delivered items is not permitted without prior written consent as long as the retention of title exists. In the event of intervention by creditors of the customer, in particular in the event of seizure of the subject matter of the contract, the customer must notify us immediately by registered letter and bear the costs of measures to remedy the intervention, in particular intervention proceedings, if they cannot be collected from the other party.
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VIII. WARRANTY/GUARANTEE
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1. Warranty for entrepreneurs
1.1 The warranty period for entrepreneurs is six months. There is no subsequent limitation period..
1.2 BÜNTE will fulfil the warranty obligation at its own discretion by improvement, replacement or price reduction. The right to cancellation of the contract is excluded. The replacement claim does not include the costs for the removal of the defective item and the installation of a defect-free item. These costs are to be borne by the customer in any case.
1.3 The burden of proof for the existence of a defect at the time of handover lies with the customer, § 924 ABGB is excluded.
1.4 The goods must be inspected immediately after delivery. Any defects discovered shall be notified to us in writing without delay, but at the latest within eight days of delivery, stating the nature and extent of the defect. Hidden defects must be reported immediately after their discovery. At the same time, samples of the defective goods and supporting documents must be sent at our request. Once the defect has been discovered by the customer, any further disposal of the goods is not permitted without our express consent. If a complaint is not made or not made in good time, the goods shall be deemed to have been approved. The assertion of warranty claims or claims for damages due to the defect itself as well as the right to challenge errors due to defects are excluded in these cases.
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2. Warranty towards own suppliers/recourse
2.1 In the event of defects, we shall be free to choose between replacement, repair, price reduction or cancellation of the contract.
2.2 If we insist on repair or replacement, we shall be entitled to withhold the entire payment until complete fulfilment of the service/delivery owed.
2.3 The obligation to inspect defective deliveries of goods in accordance with § 377 UGB is expressly waived. Upon discovery of any defects, we shall in any case be entitled to a six-week period to file a notice of defects.
2.4 If BÜNTE has provided a warranty to a customer due to a defect, the right of recourse against its own supplier also includes the loss of profit due to a price reduction or cancellation, without prejudice to the reimbursement of expenses in accordance with § 933b ABGB.
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3. Warranty for consumers
3.1 For transactions with consumers, the statutory provisions apply with regard to the warranty. The customer is not entitled to demand reimbursement of costs from BÜNTE for a self-remedy of defects.
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3.2 In order to avoid misunderstandings, we hereby expressly emphasise the correct handling and care of the goods supplied by us. Bünte shall not be liable for natural wear and tear and normal wear and tear and damage to the goods resulting from incorrect or negligent handling, inadequate maintenance, excessive strain, unsuitable operating and installation conditions, chemical, electrochemical or electrical influences.
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4. Warranty
4.1 If and insofar as a manufacturer's warranty is granted for the products sold by us, this shall not affect our warranty obligation. The statutory warranty rights of our customers are therefore not restricted by such a guarantee.
4.2 BÜNTE has no influence on the scope and warranty conditions of any manufacturer warranties. Nor is it within our sphere of influence whether a manufacturer's warranty is granted at all. Should this be the case, we only provide our customers with the legally required information. The handling of a warranty claim with the guarantor is the sole responsibility of the customer. BÜNTE is therefore not responsible for communication with the guarantor, the despatch of the products covered by the guarantee or any other actions required to exercise the guarantee.
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IX. DAMAGE REPAYMENT
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1. BÜNTE shall only be liable for damage caused by gross negligence or wilful intent, unless personal injury is involved. This shall also apply to claims for compensation due to delayed delivery. The existence of gross negligence must be proven by the aggrieved party, unless it is a consumer within the meaning of the Consumer Protection Act (KSchG).
2. Liability for consequential damage, loss of profit and third-party claims is excluded in relation to entrepreneurs.
3. The limitation period for claims for damages against entrepreneurs is reduced to six months. The statutory provisions apply to consumers.
4. The customer undertakes to strictly observe the operating instructions and safety regulations provided to him during commissioning and not to remove or modify the protective devices supplied. In the event of a breach of this obligation, claims for damages and warranty claims by the customer are excluded.
5. Protective effects from our contract with the customer in favour of third parties are excluded.
6. Any (telephone) advice given by BÜNTE employees prior to the order is always non-binding. Any liability derived from this is excluded to the extent permitted by law.
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X. REDUCTION BY MORE THAN HALF
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1. The right to assert an infringement of more than half of the true value (laesio enormis) against business customers is excluded.
2. In the case of consumers, the time limit for asserting a claim for infringement of more than half of the true value is limited to six months.
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XI. RIGHT OF CANCELLATION FOR CONSUMERS
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1. If the customer is a consumer, he may withdraw from a contract concluded with BÜNTE within 14 days.
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2. The cancellation period begins on the day on which the customer or a third party named by the customer and not acting as a carrier acquires possession of the goods; if the customer has ordered several goods as part of a single order which are delivered separately, on the day on which the customer or a third party named by the customer and not acting as a carrier acquires possession of the last goods delivered; and in the case of delivery of goods in several partial consignments, on the day on which the customer or a third party designated by the customer and not acting as a carrier acquires possession of the last partial consignment.
3. The declaration of cancellation is not bound to any particular form. The customer may use the model cancellation form in the appendix to these GTC, but this is not mandatory. The cancellation deadline shall be deemed to have been met if the declaration of cancellation is sent within the deadline.
4. 4. if the customer withdraws from the contract, we shall reimburse all payments received, including delivery costs - with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by us - immediately and at the latest within 14 days from the day on which we receive notification of the cancellation. For this repayment, we will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no case will the customer be charged any fees for this repayment.
5. In the event of cancellation of the contract, the customer must return the goods received to us immediately, but at the latest within 14 days of submitting the declaration of cancellation. The return period shall be deemed to have been observed if the goods are dispatched within this period. The direct costs of returning the goods shall be borne by the customer. However, if the goods were delivered to the customer's home at the time the contract was concluded and the delivered goods are not normally sent by post due to their nature, we must collect the goods at our own expense. The customer only has to pay us compensation for a reduction in the market value of the goods if this loss in value is due to handling of the goos that is not necessary for checking the condition, properties and functionality of the goods.
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XII. FINAL PROVISIONS
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1. The contract with Bünte shall be governed by Austrian substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The contractual language is German.
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2. The competent court at the registered office of our company in 4240 Kefermarkt, Austria, shall have jurisdiction over all disputes arising from the contract with BÜNTE. Section 14 KSchG applies to consumers.
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3. Consumers also have the option of contacting the EU's online dispute resolution platform: http://ec.europa.eu/odr. You can also submit your complaint directly to us at the following e-mail address: info@buente.at. However, we would like to point out in advance that participation in dispute resolution proceedings is voluntary and that BÜNTE does not generally submit to them.
4. The customer is not authorised to offset our claims of any kind whatsoever against his own claims of any kind whatsoever. Insofar as a consumer transaction is concerned, this shall not apply if and insofar as the customer's counterclaims are legally related to the consumer's liability, have been established by a court of law or have been recognised by us.
5. Should individual provisions of these General Terms and Conditions be invalid or ineffective, they shall be replaced by such valid and enforceable provisions that come closest to the economic purpose of the clauses to be replaced; the remaining provisions shall remain unaffected in any case.
