Terms of Service
Terms of Service
These general terms and conditions apply from January 1, 2019.
Contents:
I. General Provisions
1. General information and scope
2. Contracting Party
3. Offer, conclusion of contract
4. Conclusion of contract in sales prospectuses
5. Conclusion of contract in the "4Bees - Onlineshop"
6. Subject of the contract, delivery
7. Prices, shipping costs, delivery, delivery time
8. Payment modalities, terms of payment
9. Warranty
10. Damages
11. Retention of Title
12. Privacy
II. Final Provisions
13. Miscellaneous
14. Applicable law, place of performance
1. General information and scope
1.1. These general terms and conditions (hereinafter referred to as “GTCs”) apply to all contractual relationships that came into being with the “4Bees online shop” after January 1, 2016.
1.2. The present terms and conditions apply to all deliveries of goods made by "4Bees-Onlineshop" on the basis of distance selling orders ("4Bees-Onlineshop", by telephone, e-mail, etc.) or in writing in any other way. By placing an order, the customer accepts these general terms and conditions and is bound by them.
1.3. Unless expressly agreed otherwise, these general terms and conditions apply to all deliveries from the "4Bees online shop" to consumers within the meaning of Section 1 of the Consumer Protection Act (KSchG).
A consumer is any natural person acting for purposes that are not part of their commercial, business or professional activities.
1.4. Amendments or side agreements require the consent of an authorized representative of the "4Bees online shop" to be valid and only apply to the individual business case. Our other employees are not authorized to make changes or side agreements to these terms and conditions.
1.5. All services described in the general terms and conditions are primarily aimed at consumers. These terms and conditions apply to all business-related transactions on both sides, with the exception of the special regulations based on the Consumer Protection Act.
1.6. Conflicting terms and conditions of the customer expressly do not apply unless the "4Bees online shop" expressly agrees to their validity in writing (see point 1.3).
1.7. Should individual provisions of these general terms and conditions be wholly or partially invalid due to mandatory statutory provisions, this shall not affect the binding nature of the remaining provisions and the contracts concluded on their basis. The ineffective provision is to be replaced by an effective one that comes closest to the meaning and purpose.
1.8. The "4Bees online shop" is entitled to subsequently change or supplement the general terms and conditions. In this case, the forthcoming contractual partner must be informed of this and pointed out that he is granted the right to do so within a period of two weeks to object to the change after receipt. If there is no objection within the specified period, the changed conditions become part of the contract. Otherwise, the originally agreed contract conditions remain.
2. Contracting Party
2.1. The purchase contract is concluded with:
4Bees beekeeping suppliesp
Mag. Dieter Metzler
Dresslen 528
A - 6861 Alberschwende
VAT ID: ATU57983338
Authorized Managing Director: Mag. Dieter Metzler
You can reach our customer service for questions, complaints and complaints on weekdays from 08:00 a.m. to 12:00 p.m. at:
Telephone number: +43 (0)664 / 40 310 35
email: d.metzler@4bees.at
3. Offer, conclusion of contract
3.1. If the customer's offer cannot be accepted, the customer will be informed of the non-availability of the goods. Payments already made by the customer will be refunded immediately.
3.2. Our offers are non-binding and do not represent a legally binding offer, but an invitation to place an order. Errors and price changes are reserved for the offeror.
4. Conclusion of contract in sales prospectuses
4.1. All offers in sales brochures (supplier's catalogue) are a non-binding invitation to the customer to make a corresponding purchase offer. As soon as the customer submits the offer and this is received by the provider "4Bees-Onlineshop", the offer made by the customer is checked internally.
The purchase contract with the "4Bees online shop" is concluded when the customer's offer is accepted, at the latest when the ordered goods are sent to the customer.
5. Conclusion of contract in the "4Bees online shop"
5.1. All offers in the "4Bees online shop" (catalogue of the provider) are a non-binding invitation to the customer to make a corresponding purchase offer. The customer has to follow the steps under the menu item "Ordering process" (http://shop.4bees.at/ order/) or follow the steps shown again in 5.1.1 to 5.1.5. The customer receives an overview of his order, a reference to the declaration of withdrawal in the form of a cancellation policy, as well as the terms and conditions. He must read these carefully with due care. After the customer has expressly agreed to the terms and conditions and the cancellation policy by ticking the box, the order is sent and the "4Bees online shop" is considered a legally binding offer.
5.1.1. The customer has to register on the website http://shop.4bees.at (if the customer is not already registered) in order to be able to place an order in the 4Bees online shop.
5.1.2. The customer selects the desired product to which his offer is directed with the "Add to shopping cart" button.
5.1.3. In the next step, the shipping method must be selected and the billing and shipping address must be checked.
5.1.4. The customer must follow all further steps, in particular he must read the cancellation policy and the general terms and conditions with due care and agree to them by ticking the checkbox.
5.1.5. In the final step, the customer can download the order confirmation via PDF using the link provided. After placing the order, the customer receives an e-mail confirming his offer. He has to look through the order confirmation and inform the 4Bees online shop immediately if anything is unclear.
6. Subject of the contract and delivery
6.1. The subject matter of the contract is the goods specified in the order/order confirmation at the final prices specified in the catalog or in the "4Bees online shop".
6.2. The quality of the goods ordered is always based on the product descriptions in the catalog and in the "4Bees online shop". Images are for illustrative purposes only. The deviating properties resulting from the illustrations or sales descriptions do not represent defects in the goods delivered by the seller.
6.3. If the product ordered as part of the purchase contract is temporarily unavailable, the "4Bees online shop" will inform the customer immediately. If the delay lasts longer than two weeks, the customer is granted the right to withdraw. If the product is permanently unavailable, the provider refrains from accepting the contract and the contract is not concluded in this case.
7. Prices, shipping costs, delivery, delivery time
7.1. In principle, the purchase price for the ordered goods is deemed to be agreed, which results from the current sales brochures or price lists of the "4Bees online shop". These prices include the statutory Austrian sales tax, but exclude any shipping or insurance costs. Price changes before ordering and entering - and electronic transmission errors are reserved.
7.2. For our deliveries, we also charge a packaging and shipping flat rate, also known as "delivery costs", the specific amount of which results from the total weight of the ordered goods, the shipping method and the shipping zone. A list of the delivery costs can be found on the homepage (http:// shop.4bees.at/konakart/ShippingAndHandling.action) and the table printed in point 7.2.1.The costs incurred with the order will be clearly communicated to you before you submit your binding order.
7.2.1. Austria Germany 0 to 2 kg €4.60 €10.90 2 to 5 kg €5.30 €12.10 5 to 10 kg €6.50 €16.00 10 to 15 kg €7.70 €17.10 15 to 20 kg €9.00 €19.80 20 to 25 kg €10.20 €21.60 25 to 31.5 kg €11.60 €24.60
7.3. If the ordered goods exceed the total weight of 31.5 kg, a forwarding agent will be commissioned with the shipment. A division into several individual packages remains reserved. Therefore, the shipping costs for such orders are offered individually. If necessary, you will be informed by e-mail about the actual shipping costs. Orders in question are therefore only to be regarded as binding after the customer has expressly acknowledged the separately offered shipping costs.
7.4. The delivery of the ordered goods takes place exclusively within Austria and Germany. In the case of a delivery to Germany, only the prepayment method of payment is expressly stipulated.
7.5. Shipping within Austria and Germany is carried out by GLS. The "4Bees online shop" reserves the right to make any changes to the shipping method. Delivery is at the customer's risk and expense to the delivery address specified by the customer when ordering. As far as partial deliveries are possible, they are also legally permissible. Each partial delivery is considered an independent transaction and can be invoiced separately by the "4Bees online shop".
7.6. The customer must submit complaints about transport damage in writing immediately after receipt of the goods to the transport company and "4Bees online shop", but no later than within five days.
7.7. Unless a fixed transaction has been agreed, announced delivery dates are only approximate. In the event of force majeure ("vis maior") or other unforeseen, unavoidable events that are in the sphere of the "4Bees online shop" or its subcontractors, the "4Bees online shop" is released from adhering to the agreed delivery time.
7.8. The contractor is free to choose the type of shipment and the means of transport. The place of performance for delivery and payment is the place of business of the contractor.
8. Payment modalities, terms of payment
8.1. Payment is made exclusively on account or in advance. In the case of delivery to Germany, payment on account is excluded.
8.2. Unless otherwise agreed, payments are due immediately after invoicing using the payment slip enclosed with the goods or prepayment, free of deductions and expenses. The terms of payment specified for the entire order apply analogously to partial invoices. Payment must be made in euros.
8.3. In the event of default, the customer undertakes to reimburse the "4Bees online shop" for the dunning and collection fees incurred, insofar as they are necessary and appropriate for appropriate legal prosecution The "4Bees online shop" reserves the right to damage caused by delay.
8.4. If the customer is in arrears with payment or other services, the "4Bees online shop" is entitled - without prejudice to other rights - to withhold deliveries until the agreed consideration has been provided, while maintaining the delivery period that is still open, or after a reasonable grace period has expired, to withdraw from the contract and claim damages non-performance. In this case, the delivered items are to be returned by the customer immediately to the contractor at his own expense. The "4Bees online shop" reserves the right to assert claims for damages for wear and tear, compensation for its own transport expenses and other things, whereby the contractor in the event of withdrawal from the contract entitled to demand or withhold twenty percent of the price as a minimum contractual penalty.
8.5. The customer is only entitled to set-off if his counterclaims have been legally established by a court or are undisputed, or have been recognized by the contractor.
8.6. The right of retention on the part of the customer can only be exercised if the claims result from the same contractual relationship. The contractor is also not entitled to withhold payments due to incomplete delivery, any guarantee or warranty claims, or complaints.
9. Special provisions for consumers - right of withdrawal according to § 5e KSchG
9.1. If the delivered goods have defects, the general provisions of warranty law apply. Accordingly, the customer must return the defective goods immediately and the "4Bees online shop" is entitled to improve or replace them. Only if the improvement or replacement is impossible, would involve a disproportionately high effort for the "4Bees online shop", or If the "4Bees online shop" cannot meet the exchange or improvement request or cannot meet it within a reasonable period of time, the customer is entitled to request a price reduction or conversion (complete cancellation of the contract). In the case of minor defects, the customer has no right to conversion.
9.2. The following applies to mutual business-related transactions: Claims can only be derived from any defects if the complaint is made within 24 hours of delivery. If the complaint is justified, the seller is entitled to choose between replacement (improvement, addition of what is missing), conversion or a reduction in the purchase price; apart from those cases in which there is a legal right to conversion. Claims by the buyer going beyond this, in particular claims for damages, are excluded, except in the case of gross negligence and intent.
10. Damages
Claims for damages by the customer, in particular compensation for consequential damage or other indirect damage and losses or lost profits from defective, late or non-delivery, with the exception of personal injury, only exist if the damage is due to gross negligence or intent.
11. Retention of Title
11.1. The "4Bees online shop" retains title to the object of purchase until receipt of the entire purchase price.
11.2. Until the price has been paid in full, including all ancillary fees, the delivered items remain the sole and unrestricted property of the "4Bees online shop". Until then, the delivered goods are only goods entrusted to the customer, which may not be sold, pledged, given away or lent . The customer is not entitled to dispose of these items without the prior express consent of the "4Bees online shop" and bears the full risk for the goods entrusted to him in every respect, in particular for the risk of destruction, loss and deterioration.
12. Privacy
12.1. The customer expressly agrees that the personal data provided by him (name, address, e-mail, data for account transfer) can be automatically determined, stored and processed for the purpose of fulfilling the contract and supporting the customer.
12.2. It is pointed out that the "4Bees online shop" processes data obtained within the framework of the contractual relationship established with the contractual partner, in accordance with the national legal data protection regulations and in compliance with European legal regulations (with reference to the directive for the purpose of protecting personal data 95/46 EG), collects and stores. This processing of personal data is carried out exclusively within the scope of the directive.
12.3. The customer is obliged to inform the "4Bees online shop" of changes to his residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is omitted, declarations are also deemed to have been received if they are sent to the last known address be sent.
II. Final Provisions
13. Miscellaneous
13.1. Deliveries and declarations of intent are made to the address specified by the customer in the order with legal effect until a different address is given in writing. The customer is obliged to provide the relevant data completely and correctly upon conclusion of the contract. In the event of incorrect, incomplete and unclear information provided by the customer, the customer is liable for all costs incurred by the "4Bees online shop". The customer is obliged to notify the "4Bees online shop" of any changes in name, address or change of residence immediately, in the event of other damages. to be announced in writing. Otherwise, any written notification sent to the last known address of the customer shall be deemed to meet the requirements of effective delivery.
13.2. A transfer of the rights from the contract concluded with the "4Bees online shop" to third parties requires the written consent of the contractor.
14. Applicable law, place of performance
14.1. The place of performance is the headquarters of the "4Bees online shop". Austrian law applies exclusively to the legal relationship. The application of the UN Sales Convention is excluded.
14.2. Insofar as the legal transaction is not subject to the Consumer Protection Act, the parties agree on the jurisdiction of the relevant court in Bregenz.
14.3. However, if the customer is a consumer within the meaning of the Consumer Protection Act and has his domicile or habitual residence in Germany or is employed in Germany, the jurisdiction of the court in whose district the domicile, habitual residence or place of employment of the customer is located is deemed to be justified located.