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General Terms and Conditions for BUMAS GmbH
I. General Information, Ambit
These terms and conditions of the company BUMAS GmbH, Hauptstrasse 76, 7023 Pöttelsdorf, Austria, E-Mail: firstname.lastname@example.org subsequent named as "seller", apply to all business relations with our business partners and vendors, deliveries, services rendered and offers made from this company.
As such these are valid for all subsequent business transactions, even where this is not once again expressly agreed. These conditions are taken as agreed at the latest when the goods or service are received. The seller refuses to recognize any counter confirmation on the part of the buyer with reference to his own general terms and conditions or conditions of purchase. The Seller does not offer to "wap"-Users.
II. CONCLUSION OF CONTRACT AND INPUT ERRORS
1. CONCLUSION OF CONTRACT ONLINESHOP WWW.BUMAS.AT
1.1. TECHNICAL DESCRIPTION OF THE ORDERING PROCESS
1.1.1. Choose the products and check your shopping cart,
1.1.2. click on the Button "Check Out",
1.1.3. choose the method of payment and click on "next",
1.1.4. Customers can either type in their "Login-data" or create a new account with "register".
220.127.116.11. new customers type in their name and address, solve the Captcha,
18.104.22.168. click to "register" and
22.214.171.124. are automatically logged in.
1.1.5. Choose delivery address
1.1.6. click on the summary
1.1.7. Order Overview ("Summary") is displayed
1.1.8. Read GTC and cancellation policy and accept them.
1.1.9. Check the order and click on the button "Buy now".
1.2. INPUT ERRORS ONLINESHOP
The customer is able to correct his order at any time with the technical means of the Shop and the Browser. The corrections can be made with the keyboard and mouse functions on the relevant fields in the ordering process. The order itself can also be changed directly in the shopping cart. Input Errors can also be corrected by cancelling the Order process and starting over.
1.3. CONTRACT LANGUAGE
The language available for concluding the contract is German.
1.4. RIGHT TO RETURN
1.4.1. All goods, except custom-made products, can be returned within 14 days of receipt of good. The right of withdrawal can be executed without giving any reasons by sending a declaration of withdrawal within the withdrawal period. Declaration of withdrawal is to be sent to: email@example.com.
1.4.2. Costs of the return shall be borne by the Customer. If the products are sent freight collect, We are entitled to withhold or charge an appropriate amount. Goods must be returned unused and in a resalable 'as new' condition. If the products are impaired by signs of use we shall charge an appropriate compensation for the loss in value. In the case of a valid withdrawal a refund of the purchase price (minus a EUR 5,- fee for packaging and handling) shall take place only if the Customer returns the delivered goods.
1.5. WARRANTY AND GUARANTEE
1.5.1. In case of material defects or manufacturing defects, the customer has to take a picture of the defect, email the pictures together with a detailed description immediately.
1.5.2. We shall not be liable for damages or defects resulting from the use of our goods.
III. PRICES, TERMS OF PAYMENT
1. Our prices shall be understood including the Austrian value-added tax, exclusive shipping costs.
2. Prices in currencies other than the EURO will be adapted according to the exchange rate of the Austrian national Bank and are subject to fluctuations, which cannot be influenced by BUMAS GmbH.
3. Our invoices can be paid, depending on the country of destination, with bank transfer, direct debit, PayPal, VISA, MasterCard or AMEX.
4. Is case of bank transfer the payment shall be made within 7 (seven) days after conclusion of contract. The date of monetary entrance is relevant. With all other payment methods, the payment is due at conclusion of contract. The purchasing price is to be paid immediately upon receipt of the first payment request without discounts.
5. Payment with releasing effect can be carried out to the bank account of the seller.
6. We reserve the right to pass on the cost of EUR 8.00 for cash on delivery shipments.
7. The customer has the right to compensate only when the counter claim is undisputed, has been determined in a legally binding manner or is recognized by the seller.
8. The customer may only exercise the rights of retention only when the claim is related to the same contractual relationship.
IV. DELIVERY AND SHIPPING TERMS AND TRANSFER OF RISK
1. The delivery of goods is effected regularly on the dispatch route.
2. We deliver freight-free and without shipping costs to Österreich for orders starting from a total value of EUR 150.00. Orders with a value below accrue costs of EUR 5.00 per package.
3. If a delivery is not possible, because the customer is not present at the delivery address provided, although the delivery date advised with a fair notice period, the customer bears the cost of the failed delivery.
4. The risk of accidental loss and of accidental deterioration of the goods is transferred with the delivery of the goods to the customer or an authorized recipient. In case of the customer being an entrepreneur, the risk of accidental loss and of accidental deterioration in case of mailed orders transfers to a suitable transport person.
V. RETENTION OF TITLE
The delivered product remains property of the seller until complete payment.
VI. LIABILITY FOR DEFECTS
If the purchased good has a defect, the legal provisions shall apply. Thereof differing is the following:
1. Is the customer an entrepreneur, a minor defect does not call for a claims for defects. Beyond that the seller has the right to either rectification or replacement delivery.
2. For consumers the statute of limitations for claims for defects is two years following delivery.
3. For entrepreneurs the statute of limitations for claims for defects is one year after transfer of risk. Claims based on the Product Liability Act remain unaffected.
4. Is the customer a retailer or merchant he is subject to the commercial obligation to investigate and give notice of defects. If the customer neglects the obligation to give notice, the goods are considered approved.
5. If supplementary performance is done by replacement delivery, the purchaser is obliged to send back the first delivered goods within 30 days. The return of defective goods has to be done according to legal regulations.
6. The assignment of the customer's claim of defects is excluded.
VII. CODE OF CONDUCT
Is the customer a retailer or merchant, a legal entity the exclusive place of jurisdiction for all disputes is the seller's registered office. The same is valid if the customer has no general court of jurisdiction in Austria or his residence is unknown. The capacity to appeal to another court of jurisdiction remains therby unaffected.
VIII. RIGHT OF REVOCATION FOR CONSUMERS
1. If you are an entrepreneur and whilst the conclusion of contract were exercising commercial or professional activity, you do not have the right of revocation.
2. CANCELLATION POLICY
2.1. RIGHT OF REVOCATION
2.1.1. Customers are entitled to withdraw from a distance selling contract within 14 days without giving any reasons.
2.1.2. The Right of withdrawal is applicable within a period of 14 working days starting with the receipt of the ordered goods.
2.1.3. To exercise the right of withdrawal, the Customer has to send a written declaration of withdrawal (via mail, Fax or e-mail). You can use the following sample form, but it is not mandatory.
................................. First name Last name ........................City, Date
................................. Street Street number
................................. ZIP City
Subject: Order dated .................................. (Order-Number ..................................) Rücktritt gemäß §5e Konsumentenschutzgesetz
To whom it may concern,
I have ordered .......................... Via the Internet .......................... To the price of ......................... (Order-Number ..........................). The ordered goods have (not) been delivered. I withdraw from this contract based on §5e consumer protection law within the time limit.
.................................. First name Last name (=signed personally)
To maintain the rights to withdraw it is sufficient to send the notice of withdrawal in time.
2.2. CONSEQUENCES OF CANCELLATION
2.2.1. In the case of a valid withdrawal a refund of the purchase price (including shipment costs) shall take place only if the Customer returns the delivered goods. We are going to use the same method of payment as we received the customer's payment with. We can refuse the repayment until we have received the purchased goods back.
2.2.2. You have to send the purchased goods back to us within 14 days after you sent the withdrawal notice. Costs of the return shall be borne by the customer. Goods must be returned unused and in a resalable 'as new' condition. If the products are impaired by signs of use, that arose through an improper use, we shall charge an appropriate compensation for the loss in value.
2.3. THE RIGHT OF WITHDRAWAL IS NOT APPLICABLE IN THE FOLLOWING CONTRACTS:
2.3.1. The right of withdrawal shall not apply to goods that were produced according to the Customer specifications or clearly tailored to His/Her personal needs.
BUMAS GmbH or its partners hold the copyright to all images and texts (in electronic and printed publications), as well as to sound files and video sequences. The use without an explicit permission is prohibited. Non-compliance leads to civil or criminal prosecution.
XI. STORAGE OF AGREEMENT
1.1. You can print out the GTC with the print out function (read below).
1.2. You can print out your order details with the print funtion of your e-mail provider. The text of the contract is going to be saved after conclusion of contact. You can retrieve your contract in our online store underneath "my account".
XII. GUARANTEE POLICY
The company BUMAS GmbH grants a warranty of 2 years on the products based on the following terms:
1. WARRANTY RIGHTS AND DOMESTIC LEGISLATION
1.1. This warranty does not have any influence on the concluded contract, especially the Warranty rights, of the buyer with BUMAS GmbH. The legal warranty rights, e.g. right of subsequent performance, withdawal or right of reduction of the purchase price and the tort law are primary and are not influenced by this warranty regulations.
1.2. The warranty of BUMAS GmbH is carried out in accordance with the legal regulations. In case of obstruction the legal regulations are primarily.
2. WARRANTY SERVICES
2.1. BUMAS GmbH guarantees throughout the EU, that their sold goods are free from defective materials and workmanship. This is based upon the state of the art of similar products.
2.2. The company BUMAS GmbH grants a warranty of 2 years on the products starting with the date of purchase. The period of the statutory warranty is not influenced by these regulations.
2.3. Warranty services can only be obtained if BUMAS GmbH receives the product with proof of purchase of BUMAS GmbH or the original invoice.
2.4. No other warranty services than stated here are granted. The legal warranty services are not influenced.
2.5. The parts withing rectification which are altered, changed or integrated are within the granted warranty period of the purchased product warranty. This applies also to products which are delivered subsequently.
3. WARRANTY CONDITIONS AND WARRANTY EXECUTION
3.1. In the event of assertion of the warranty the customer has to contact BUMAS GmbH. The customer is going to receive a return label (free of charge) for the product and a warranty claim, which has to be sent to the company BUMAS GmbH. The seller, BUMAS GmbH is going to check whether a warranty claim exists and send the customer a report.
3.2. If the warranty claim is justified, the product will be replaced or repaired and sent back to the customer free of delivery fees.
3.3. If the repair fails or additional attempts of improvement are unreasonable or not possible, the customer may demand the delivery of a deficit free product from BUMAS GmbH.
3.4. In case the reported case does not fall under warranty, BUMAS GmbH is going to inform the customer about the missing warranty claim. If the customer does not reply with a written consent to repair and that the customer is going to bear the costs of the repairs, BUMAS GmbH will send back the product to the customer. The customer has to cover the delivery charges and costs for packaging.
3.5. Products with a negative warranty claim are only repaired by BUMAS GmbH in case of cost coverage by the customer. In case of the order to repair, the costs of delivery, packaging and repairs are going to be invoiced to the customer.
3.6. If the product has to be changed or adapted to abide national regulations or the regional technical or security regulations of foreign countries, which differ from the ones of the country the product was originally designed and manufactured for, this does not fall under material or manufacturing defects. The warranty does not cover any such alterations or changes, notwithstanding if those were conducted properly or not. BUMAS GmbH does not cover any costs for any such changes.
4. EXCLUSION OF WARRANTY
The warranty is excluded:
4.1. in case of improper or incorrect usage (Digging, fetching, tearing down or removing a BUMAS forcefully, as well as gnawing or chewing on straps)
4.2. usage in any way that does not comply with the technical or safety regulations applicable in the country where the product was designed and used
4.3. damages caused by force majeure or other condition that is beyond the control of BUMAS GmbH
4.4. in case of external changes to the goods or the addition of parts, which are unapproved by BUMAS GmbH or the manufacturer,
4.5. incorrect care or improper maintenance,
4.6. natural wear and tear, including biting or gnawing on the goods.
5. WARRANTY TRANSFER
5.1. The warranty only applys for the initial buyer of the goods and is not transferable.
5.2. No third party is able to grant warranty commitments. This is a right of BUMAS GmbH only.
6. CLAIMS FOR DAMAGES
6.1. There are no Claims for damage in case of poor warranty compliance, especially not for consequential damages.
6.2. In no event shall the liability of BUMAS GmbH exceed the invoiced value of the product.
6.3. The other statutory rights remain unaffected.
7. CONCLUDING REGULATIONS
7.1. Warranty modifications and amendments must be in writing.
7.2. Should any of the regulations be or become void, ineffective or present a gap, this does not affect the validity and practicability of the remaining provisions of the Warranty Regulations.
7.3. You can find the contact details of BUMAS GmbH in the beginning of these GTC.
XIII. SEVERABILITY CLAUSE
Should any of the regulations of these General terms and conditions be or become void, ineffective or present a gap, this does not affect the validity and practicability of the remaining terms and conditions.
XIV. APPLICABLE LAWS, PLACE OF JURISDICTION
Austrian law is exclusively applicable for the entire business relationship. Place of jurisdiction is AUSTRIA 7000 Eisenstadt.
XV. SITE NOTICE
VAT ID: ATU68532117