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StartseiteShop GT&C

Shop GT&C


gültig ab 21.03.2019

1. Company Details

Our company named below, operates the virtual store: www.Biohort.com/Shop

Biohort Handel GmbH
Pürnstein 43a
A-4120 Neufelden
AUSTRIA

Telephone: +43 (0) 7282 / 7870 - 0
Fax: +43 (0) 7282 / 7870 - 490

Customer service: Monday - Thursday from 8:00 to 16:00 and Friday from 8:00 to 12:00.
For all data requests, Information and complaints please refer to: shop@biohort.com


Authorised Managing Director: Mrs Martina Priglinger
Address: see Biohort Handel GmbH above.
Registered entry/Commercial Registry No.: 245710 p
Company Registration: Commercial Court Linz
Sales tax identification number according to § 27a sales tax law: ATU 57774803

Member of the Austrian Chamber of Commerce, Section Trade
Headquarters: A-4120 Neufelden, Austria
Legal form: Limited Company
Regulating Authority: Magistrate of the District Council A-4120 Neufelden


Commercial Regulations: Regulating Code (www.ris.bka.gv.at)
Voluntary Code of Conduct: www.guetezeichen.at
Type of business: Company trading in goods of all kinds.

2. General Information

These General Terms & Conditions apply to the sale and delivery of goods by our company. Alternative conditions for the purchaser are only valid if they have been approved by us in writing or we have undersigned them and returned them with our company seal.

Once the customer has confirmed the shopping basket checkbox: “I have read and accepted the general terms and conditions of sale and the cancellation terms.” and submitted an order they have agreed to accept our General Terms and Conditions of Sale and agree to be bound by them.

The choice of our range of products is non-binding. The purchase order placed by a legally competent client (person over 18 years old) is regarded as conclusion of a contract of sale.

The confirmation of the receipt of the order sent by us, as defined in § 10 Abs 2 ECG does not constitute acceptance of the offer. The purchase contract is only concluded when we deliver the ordered goods..

All offers on our website are subject to change, are non-binding and only available as long as supplies last.

Decorative items, accessories and other objects included in literature, advertising or promotional images of our products, (unless otherwise stated in writing) are not included in the scope of delivery.

Our offer is limited to the following territories: Germany, Austria, France, Belgium, Italy, Luxembourg, the Netherlands, United Kingdom, Ireland, Sweden and Finland.

3. Ordering procedure, altering or cancelling order

Once you have selected the desired product, you can place it without any obligation into the shopping trolley by clicking the button [add to cart]. The contents of the trolley can be viewed without obligation at any time by simply clicking the [my cart] button. You can remove products from the basket at any time by clicking the [X]button to the right of the product(s) you wish to remove. Once you have decided to buy the products in your trolley, click the [proceed to checkout] button and please enter all the information required to complete your purchase order.

Your data will be encrypted for transmission. After entering your data and selecting the method of payment, by pressing the [place order now] you complete the ordering process. The ordering process can be cancelled at any time by simply closing the browser.

4. Contractual language

The contract contents, all other information, customer service, data, information and handling of complaints are all submitted in the German language.

5. Prices

The valid prices are those listed at the time of placing the order including VAT plus all expenses incurred by transport and shipping. These are visible prior to confirming the order in the shopping basket and afterwards in the order confirmation sent to the customer. If in the course of shipping, additional export or import duties must be paid, this will also be charged to the customer (for further information, please contact your local customs office).

All bills to be paid in Euros except for Great Britain where all costs will be charged in Pounds Sterling.

6. Cancellation of orders

Right of cancellation

You have the right to cancel your contract with us, without the need to give grounds for justification, within fourteen days. The fourteen-day period is from the day on which you or a third party named by you, who is not the carrier, has or had taken possession of the goods. To exercise your right of cancellation, you must inform us:

Biohort Handel GmbH
Pürnstein 43a,
A-4120 Neufelden,
AUSTRIA Tel.: +43 (0) 7282 / 7870 - 0
Fax: +43 (0) 7282 / 7870 – 490
E-Mail: shop@biohort.com

of your decision to cancel by means of a clearly defined declaration (i.e.: by Post, registered mail, Telefax or E-mail). You can use the Cancellation declaration example (see below) which we have provided for this purpose, the use of this form is not however, binding.
To observe the demands of cancellation of contract all that is required is that you send your notification concerning your cancellation before the end of the deadline period.

Consequences of cancellation

If you should choose to cancel your contract with us, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising should you have chosen a type of delivery other than the standard delivery offered by us) immediately, or at the latest within fourteen days from the date on which the notification of cancellation was received by us. For the repayment, we will use the same method of payment that you used in the original transaction, unless another form of repayment has been explicitly agreed upon; in either case you will not be charged fees for this reimbursement. We will, if necessary exercise our right to withhold reimbursement of costs until we have either; received the goods that are to be returned, or until we have received proof from the customer that said goods are in shipping, whichever case is the earlier.

The customer must return the goods immediately or not later than fourteen days from the date on which we have been informed of the cancellation of contract. The deadline is met if the customer returns the goods within the period of fourteen days. We will bear the cost of the return of the goods.

The customer will only be required to pay for a depreciation in the value of the returned goods, in such cases where the loss of value is ascertained to be as a result of handling other than which was necessary to check the condition and function of the goods.

A right of cancellation does not exist in the following cases:

In contracts which include the delivery of goods which are not prefabricated and have been fabricated to fulfil an individual request or decision by the customer or which are clearly tailored to fit the personal requirements of the customer.

Your right to cancel will expire prematurely in the following cases:

In contracts which include sealed goods which, for reasons of health or hygiene are not suitable for return once the seal has been broken and for the supply of goods which are due to their nature, inseparable from the goods with which they are included in the scope of the delivery.

Advice for a smooth and trouble-free return of goods

Please repack the item, if possible completely and securely in the original transport packaging. We will contact you for the purpose of collecting the goods from you. If however you only want to return a specific item from the delivery, but have ordered more items which you wish to pay per invoice, simply remove the item that you have returned, from the invoiced amount.

Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

- To Biohort Handel GmbH
Pürnstein 43a
A-4210 Neufelden 
Fax: +43 (0) 7282 / 7870 - 490 
E-Mail: shop@biohort.com

- I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*):

- Ordered on (*)/received on (*):

- Name of consumer(s):

- Address of consumer(s):

- Signature of consumer(s) (only if this form is notified on paper)

- Date:

(*) Delete as appropriate.

Download model withdrawal form (PDF)

7. Methods of payment

We accept the following methods of payment:

Austria

  • Purchase order
  • Credit Card (MasterCard, Visa or Diners Club)
  • PayPal
  • Bank transfer (Prepayment)
  • Direct debit

Germany

  • Purchase order
  • Credit Card (MasterCard, Visa or Diners Club)
  • PayPal
  • Bank transfer (Prepayment)
  • Direct debit

United Kingdom and Sweden

  • Credit Card (MasterCard, Visa or Diners Club)
  • PayPal

Netherlands, Belgium, Italy and Spain

  • Credit Card (MasterCard, Visa or Diners Club)
  • PayPal
  • Bank transfer (Prepayment)
  • Direct debit

Other Countries

  • Credit Card (MasterCard, Visa or Diners Club)
  • PayPal
  • Bank transfer (Prepayment)

Purchase Order

After receiving the goods you receive the bill, which you can then easily and conveniently pay. Click here for the Terms and Conditions for Purchase Orders.

Credit Card

When paying by credit card the amount will be debited at the time the order is accepted by Biohort Handel GmbH. By credit card payment, the customer must give the following information: name of cardholder, card number, credit card company, date of expiry of card, CVV code. The data is transmitted via SSL encryption with 128 bit key and will not be visible to unauthorized persons. The processing of credit card payment is carried out by our payment partner Wirecard (www.wirecard-cee.com).

Pay Pal

PayPal is the online payment service, with which you can quickly and easily purchase goods – and it is free of charge. You can find out more information on the PayPal website.

Bank transfer (Prepayment)

When using bank transfer as payment method, the customer must make the transfer payment within one week upon receipt of order confirmation. Delivery will be made only after receipt of payment.

Direct debit

Direct Debit is a TÜV certified online payment system in which you use your usual online banking data PIN and TAN for payment. We guarantee maximum security for your transaction through the unique use of a TAN code and without storing your PIN. Thanks to real-time confirmation of payment, your order will be shipped similar to credit card payments instantly.

8. Default of payment

By default of payment by the customer we are entitled to claim the statutory default interest. The legal interest rate in monetary claims between entrepreneurs from business operations amounts to 8 (eight) percentage points above the base rate. The statutory default interest between consumers and traders is set at 5 (five) percentage points above the base rate. (http://www.oenb.at)

9. Conditions of ownership

We retain ownership of the service or goods supplied or processed by us or the media created by us until we have received all payments arising from the business transactions with the customer. If nonetheless, the customer sells goods that are still our property; our right of ownership shall also be transferred onto third parties by the customer. In the case of third party access, the customer must notify all concerned immediately regarding our continued right of ownership. The relinquishment of ownership rights as a result of; seizure of goods, pledging and insurance transfer is only valid with our express permission! In the case of default of payment and should immediately upon the serving of a reminder, no payment be forthcoming; the customer must surrender the right of ownership of the goods immediately to us.

10. Data protection

The protection of your personal data is very important to us. We therefore process your data exclusively on the basis of the EU General Data Protection Regulation (GDPR), as well as on the basis of the Austrian Data Protection Law, DSG (in the version from May 25th 2018). We as the Biohort Handel GmbH, are responsible for data processing in terms of data-protection law.

All information on data protection and data security can be found on our website at https://www.biohort.com/en/data-protection/ .

If you have questions regarding the collection, process or use of your personal date, please contact us in writing: Biohort GmbH Pürnstein 43, 4120 Neufelden E-Mail: datenschutz@biohort.at

11. Warranty period, liability and guarantee

The warranty period is limited to the statutory period of 24 months from the receipt of goods by the buyer or in the case of services on the date of the order. In the case of claims on justifiable defects either, replacement free of charge, or improvement are to be made within a reasonable period of time. If a replacement or an improvement is not possible (due to unacceptably high costs or unreasonable delay) the purchaser is then entitled to a price reduction or if the defect is major, termination of the contract (annulment).

Should the manufacturer of a product which has been ordered through Biohort Handel GmbH offer a longer warranty period for the reliability of the goods, the Biohort Handel GmbH agrees to negotiate any claims for liability with the manufacturer on behalf of the customer.

Should defects occur, these must be declared upon delivery or as soon as they become apparent. If the purchase is by a commercial business customer (B2B), the customer has a 2 week period upon receipt of delivery in which to examine the goods and immediately report any defects found.

Our company is only liable for damages arising in cases of wilful intent or gross negligence. This does not apply to personal injury or damages resulting from consumer business. It is the responsibility of the injured party to prove the existence of minor or gross negligence, unless as a result of consumer business. The replacement of (defects) subsequent damages, and other damages, economic losses and damages to the customer arising from third parties, provided it is not as a result of a consumer business, are hereby excluded. Our company as the operator of the Web shop named in the disclaimer provides services with utmost care and attention and is not liable for the services offered or ordered by or from third parties.

The guarantee must be asserted by the guarantor (manufacturer / also the seller if this is the manufacturer) and is enabled in accordance with its provisions of guarantee. You can find Biohorts guarantee terms here. Claims against the guarantee will have no effect on the customer’s rights regarding the statutory warranty period in any way.

The responsibility for loss or damage to the goods during transport by consumer transactions is only then passed on to the consumer when the goods are delivered to the consumer or to a third party nominated by the consumer.

However should the consumer have chosen to arrange their own shipping contract, without availing themselves of our offers, then the responsibility for loss or damage is transferred as of the moment  the goods are passed on to the carrier.

12. Applicable law and place of jurisdiction

The parties agree to the application of Austrian law. The UN Sales Convention and the provisions relating to the UN trade law are hereby expressly excluded.

For consumers inside the EU the applicable national consumer laws have priority, unless the respective Austrian provisions are more favourable to the consumer.

For contracts with other companies, it is agreed that our business office is the place of jurisdiction. For transactions with consumer’s resident in one of the EU member states, we accept the local national courts as being responsible for all civil disputes.

13. Place of performance

The address of our Company headquarters applies as place of performance for fulfilment of contractual obligations for contracts with all other companies.

14. Copyright

All the messages, graphics and the design and content of our website are intended solely for the personal information of our customers. Use is at your own risk.
All data in this publication are protected by copyright. The reproduction, copying, and printing of the entire website or any parts thereof are only permitted for the express purpose of ordering from our company. Any further processing, copying, distribution and / or public reproduction exceeds the bounds of normal use and constitutes a violation of copyright.

15. Delivery

Should all items ordered not be immediately available for dispatch, those goods that are in stock will be delivered immediately and the rest will be sent as soon as they are available. The delivery costs for partial delivery will be invoiced only once per order.

Transport and shipping will be carried out by forwarding agent, parcel or postal service.

Unless otherwise agreed, the goods will be delivered to the address provided by the customer. The customer, or an authorised representative designated by the customer must take possession of the goods there. Unless agreed separately in writing, delivery can only take place within Germany, Austria, France, Belgium, Italy, Luxembourg, the Netherlands, United Kingdom, Ireland, Sweden and Finland.

Biohort GmbH trading company accepts no responsibility for loss or damage incurred in transit; this is the sole liability of the carrier responsible for delivery. It is the responsibility of the customer upon receipt to check that all the packages including contents are complete and undamaged, make a note of any visible damage and / or missing items and confirm this in writing on the delivery note. This must be verified by the counter-signature of the driver!

16. Delivery period / Delays

Delivery is made by us under the provision that we are also supplied punctually and correctly and failing this we are not responsible for the resulting lack of availability. Unless otherwise agreed or stated, we will deliver - assuming availability of stock – as follows:

ProductDelivery period
Biohort-Standard products1 to 3 weeks upon confirmation of your order
Biohort-Special orders4 to 6 weeks upon confirmation of your order
Biohort-CasaNova4 to 6 weeks upon confirmation of your order


By payment via Bank Transfer (direct-debit) the delivery period begins from receipt of payment.
If we cannot meet the delivery times agreed upon, we will notify the customer by e-mail or telephone. If the customer does not agree with the delay, they are entitled to withdraw from the contract without any restrictions.
Where delivery is too be made by forwarding agent, the agent is responsible for ensuring the customer is informed with regards to the approximate time of delivery. The customer is required to be of assistance to the carrier where heavy items have to be unloaded. Point of transfer of goods is the kerbside. The delivery address must be accessible for a 38 ton truck (minimum width 2.7m).

Please note that only the first delivery appointment is free of charge! Biohort accepts no responsibility should further delivery attempts be necessary due to oversight on part of the customer, all additional costs incurred by the carrier will be billed directly to the customer.

17. Transport and shipping costs

Transport and shipping will be carried out by postal service, parcel service or shipping agent.

Within Germany (including the Isle of Sylt), Austria, France, Belgium, Italy, Luxembourg, the Netherlands, Great Britain, Ireland, Sweden and Finland (excluding islands), we will provide delivery free of charge (to kerbside).

If you require delivery to an island, please contact us with for further information regarding delivery surcharges!

18. Storage of contract

The contract text will be stored by us following the placing of an order; it can be forwarded to the customer upon request. The details of the purchase order can also be printed out immediately after completion of order. You can either, “Click here to print a copy of your order confirmation” on the confirmation page or print the e-mail confirmation or, as long as you have a registered account with us; go to your "MY ACCOUNT / MY ORDERS" and view your details there.

19. Miscellaneous

Recourse claims in the sense of the product liability law are excluded, unless the claimant can prove that the resulting errors are our responsibility and as a result of gross negligence on our part.
The contractor waives the possibility of offsetting costs. This does not, however apply to customers.
We recommend that all declarations, announcements, legal appeals, etc. - excepting notice of defects - should be sent to us in writing.
Voluntary Ethical Guidelines: http://www.euro-label.com/kodex/index.html.

We are committed, in cases were disagreements arise to participating in dispute settlement procedure of the Internet Ombudsman: www.ombudsmann.at

Further information regarding types of procedures can be found here: www.ombudsmann.at.

For settlement of disputes with our company, to make full use of the possibility of neutral, non-partisan conflict and mediation of the European Union (EU) contact or call here: https://ec.europa.eu/consumers/odr

Our e-mail-address: shop@biohort.com