Prices and products (regardless of presentation and communication) provided by Biohort do not constitute a binding offer. All data and characteristics such as weight and dimensions are also non-binding and subject to change.
All orders and requests from third parties constitute a binding offer to conclude the contract. Biohort GmbH accepts the order either by sending an order confirmation or shipping the goods (in the sense of implied acceptance).
Confirmation of receipt of the order according to Article 10 (2) of the Austrian E-Commerce Act (ECG) does not constitute an order confirmation within the meaning of the previous paragraph.
All payments are to be made in euros although Biohort reserves the right to unilaterally accept foreign currencies. Price quotations in foreign currencies do not constitute a request for payment in the corresponding currency.
The following deviations apply in our online shop:
The prices in our online shop include local, country-specific taxes and shipping costs (mainland). Surcharges for island deliveries will be notified in advance, on request, and are to be borne by the customer. The customer is also liable for any export or import costs imposed as a result of country-specific customs duties.
These statements relating to orders in our online shop also take precedence over the statements made in section 7.
In the case of delay in performance or delay in acceptance on the part of the customer (section 9) or other important reasons such as customer bankruptcy/insolvency or rejection of bankruptcy due to lack of assets or payment arrears on the part of the customer, we are entitled to withdraw unilaterally from the contract or adjust the contract to ensure that it is executed in full.
If the customer falls into payment arrears, we shall be exempt from all further service and delivery obligations and shall be entitled to withhold pending deliveries or services and to demand advance payments or securities or to withdraw from the contract after setting a 14-day period of grace.
In the event of withdrawal, we have the option to claim lump-sum compensation amounting to 20% of the gross invoice and, in addition, compensation for the actual damage incurred in the event of corresponding culpability.
The customer undertakes to accept delivery of the ordered goods on the agreed date. This confirmation is binding for the customer if proper delivery to the customer's premises is confirmed by a legally competent individual who is not party to the contract. If the customer is not present on the agreed date and the goods are not handed over as agreed (delayed acceptance), an alternative date will be specified. The delivery costs for the 2nd journey plus a storage fee amounting to 1% of the gross invoice amount per calendar day or part thereof shall be borne by the customer if they are responsible for the second delivery. If the goods are not accepted on the alternative date, Biohort GmbH can decide to store the goods on company premises or on the premises of an authorised trade person at the customer's risk including the afore-mentioned storage fee (plus VAT), and to enforce fulfilment of the contract, or to withdraw from the contract and take back the goods. In this instance, the customer is liable for the return costs and for repackaging the items for resale. The right of Biohort GmbH to claim further damages shall not be affected.
The place of execution is the registered office of Biohort GmbH, 4120 Neufelden, Austria.
Apart from personal injury, claims for damages arising through minor negligence are excluded. Additional costs due to delays or other additional assembly-related expenses cannot be claimed (e.g. goods cannot be assembled due to delivery damage). These are excluded in the event of consequential damage arising through transport damage. The injured party must prove the existence of negligence unless it is a consumer transaction. If the transaction is not a consumer transaction, the limitation period for claims for damages shall be two years from the transfer of risk.
The damage provisions specified in these terms and conditions or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.