General Terms and Conditions of BORBONE GmbH (ONLINE SHOP)
Tel: +43 1 5131011
E-mail: firstname.lastname@example.org / email@example.com
1 Scope of application and supplier
1.1. The following General Terms and Conditions (GTC) apply exclusively to all orders of our products which you can purchase as our customer in our BORBONE Online Shop at www.borbone.club, as well as to the provision of our services. Whenever the term customer is used in the following, the female form is also expressly meant.
1.2 Agreements with you that deviate from the GTC are only valid if we have previously agreed to them in writing. This also applies to deviating GTC or purchasing conditions of the customer. You can save our GTC and also print them out.
2 Order process and conclusion of contract
2.1 The presentation of our products in the online shop does not constitute a legally binding offer to conclude a purchase contract. All offers on our website are subject to change, non-binding and the goods shown and described are only available while stocks last.
2.2 With the description of the products and the respective prices, we invite you to buy and / or order our goods. By clicking on the button “Buy now” you place a binding order for the goods contained in the shopping basket.
2.3 The goods offered in our web shop are intended for customers with their domicile, habitual residence or registered office in Austria and other countries of the European Economic Area (EEA); orders may only be placed by persons who are of full legal capacity (who have reached the age of 18).
2.4 If you order more than ten items, feel free to contact us by e-mail.
2.5 We deliver our goods within the European Economic Area (EEA).
2.6 How does your order process work in detail?
a. Once you have selected the desired product, you can place it in the shopping basket without obligation by clicking on the “Add to shopping basket” button.
b. You can view the contents of the shopping basket without obligation at any time by clicking on the “Shopping basket” button.
c. You can remove the products from the shopping basket at any time by clicking on the “Remove item” button.
d. If you want to buy the products in the shopping cart, click the button “Checkout”. Please then enter your data. Your data will be transmitted encrypted.
e. After entering your data and selecting the type of payment and delivery, you will be taken to the order page via the “Check order” area, where you can check your entries again.
f. In order to place an order, you must accept these terms and conditions. If you tick the box provided for this purpose “I have read the GTC and expressly agree to them”, you accept the GTC, which thus become part of the contract with us.
g. You can check and correct the information by pressing the “Back arrow” of the browser. The order process can be cancelled at any time by closing the browser.
h. By clicking the button “order with obligation to pay” you place a binding order or an offer for the products or vouchers contained in the shopping basket. This completes the ordering process.
2.6 As soon as you have sent your order, we will confirm that we have received your order by sending an automated e-mail to the e-mail address you have provided. This sent confirmation (according to § 10 Abs 2 ECG) is not yet an acceptance of your offer, but only serves as information that the order has arrived.
If products are no longer available or temporarily unavailable, we will inform you.
The purchase contract is only concluded as soon as we
– deliver the ordered goods, or
– by sending a second e-mail as order confirmation
– or by other express acceptance of your offer.
Applicable contract languages are German and English.
3.1 In order to gain access to our offers, registration on the website is necessary.
Immediately after your registration as a new user you will receive your access data as an e-mail.
We save the text of the contract and send you the order confirmation by e-mail. For security reasons, your order data is no longer accessible via the Internet unless you have registered as a customer (see below under 3.2.). In this case, you can view and change your orders and personal data at any time by logging in.
3.2 Customer registration
To enable you to purchase our products quickly and easily in the future, you have the option of creating a user account by selecting “My account” and entering your first and last name, a home address, an e-mail address and a password.
If your details change, you will have to correct the data available on the website and, if necessary, change any incorrect data yourself.
4 Right of revocation, information on revocation and right of withdrawal
4.1 As a consumer under the Consumer Protection Act (KSchG) you have the right to cancel this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods or vouchers.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration, e.g. by letter sent by post or by e-mail.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period, namely
to the following postal address:
or to the following e-mail address:
The return of the goods purchased in the online shop in our shop at our company address is not considered an effective return.
4.2 In accordance with § 18 FAGG, the statutory right of revocation shall not apply to your order in particular for:
– Goods that are delivered to you sealed and are not suitable for return for reasons of health protection or hygiene if the seal has been removed after delivery.
– Goods that are manufactured according to your customer specifications or are clearly tailored to personal needs,
– goods that are quickly perishable or whose expiry date would quickly be exceeded.
4.2 Consequences of withdrawal clearly declared by you
– If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract.
– For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
– We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
– You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
– You shall bear the direct costs of returning the goods yourself. If the goods are returned freight collect, we are entitled to retain or invoice a corresponding amount.
– You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for checking the condition, properties and functioning of the goods.
– In the case of goods that are impaired by signs of use or whose packaging is damaged, we reserve the right to a reasonable fee for the reduction in value, provided that this loss in value is attributable to an interaction with you that is not necessary for the examination of the quality, characteristics and functioning of the goods.
5 Prices and terms of payment
5.1 The prices stated on the product pages are gross total prices and are given in Euro, these are inclusive of all taxes, including VAT and duties, but excluding shipping costs.
5.2 Should export or import duties become due in the course of shipment, we will have to charge you for these (information on this can be obtained from your local customs office).
5.3 The purchase price and shipping costs are due immediately upon ordering without deduction. Payment can be made by credit card, debit card, instant bank transfer or cash in advance.
5.4 The choice of the payment methods available in each case is incumbent on us. In particular, we reserve the right to offer you only selected payment methods for payment, e.g. only advance payment to hedge our credit risk. If you select the payment method prepayment, we will provide you with our bank details by e-mail.
5.5 The invoice amount is to be transferred to the specified account within 10 days after receipt of the order confirmation. Your order will only be dispatched after receipt of payment.
5.6 If you are in arrears with a payment, you are obliged to pay the statutory interest on arrears. You will be charged a reminder fee of EUR 10.00 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.
5.7 You shall only have a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim. You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
6 Delivery and retention of title
6.1 Unless otherwise agreed, the delivery of the ordered products will be made to the address provided by you.
6.2 Shipping costs
a) For a delivery to Austria we charge € 6,00. per order, regardless of the order value
b) For a delivery to other countries of the European Economic Area (EEA) we charge € 9.00 per order regardless of the order value.
6.3 Delivery will be made within three working days of receipt of payment to the address given during the ordering process by the Austrian Post.
6.4 The stated delivery periods are non-binding. Compensation for damages in the event of late or non-delivery is excluded, except in the case of intent or gross negligence on our part.
6.5 Goods or vouchers shall remain our property until the purchase price has been paid in full.
6.6 In the event of default of payment by the customer, we shall be entitled to assert our rights arising from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract unless we expressly declare the withdrawal from the contract.
6.7 Purchased value vouchers are not bound to a specific person or purpose. They can be redeemed for all our services and products after full payment and delivery.
7 Transport damage and warranty
7.1 When the goods are shipped, the risk of loss or damage to the goods does not pass to the consumer until the goods are delivered to the consumer.
7.2 If goods are delivered with obvious transport damage, please complain about such defects immediately to the delivery company and contact us as soon as possible.
7.3 If you fail to make a complaint or do not contact us, this will have no consequences for your statutory warranty rights. However, you will help us to be able to assert our own claims against the carrier or the transport insurance as soon as possible.
7.4 The provisions of the statutory warranty shall apply. The warranty period for the delivery of movable goods is two years from the date of acceptance of the goods.
Product illustrations do not always have to match the appearance of the delivered products. An optical deviation does not constitute a defect.
No case for warranty exists if the damage results from improper use.
7.5 In the case of justified complaints, either a replacement or an improvement will be made free of charge, for which a reasonable period of time is to be granted. If a replacement or improvement is not possible (not possible for us, too much effort for us or unreasonable), you are entitled to a price reduction or, if the defect is not minor, to cancellation of the contract (reversal = conversion).
7.6 Complaints based on statutory warranty claims or other complaints can be asserted under the contact details stated in the “Imprint” on our website.
7.7 If the purchase is a business transaction for you (B2B), you must inspect the goods no later than two weeks after receipt and notify us immediately of any defect claimed by you (obligation to give notice of defects).
8.1 We shall be liable exclusively for damages in the event of intent and gross negligence as well as in accordance with the Product Liability Act (PHG). We shall be liable for minor negligence in the event of damage resulting from injury to life, body and health of persons. The liability for minor negligence is limited to the amount of the damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of our vicarious agents.
The injured party must prove the existence of minor negligence, unless it is a consumer contract.
8.2 We are not liable for the risk that products or vouchers could not be sent to you if this is due to the fact that you have provided us with incorrect address data.
8.3 Compensation for (consequential) damages, as well as other property damage, financial loss and damages enforced against you by third parties, insofar as it is not a consumer transaction, is excluded.
9 Data protection
9.1 The protection of your personal data is of particular concern to us. We therefore process your data exclusively on the basis of the legal provisions [EU-data protection Regulation (German: DSGVO), Data Protection Act (DSG), Telecommunication Act (TKG)]. If you contact us by form on the website or by e-mail, the data you provide will be stored by us for six months for the purpose of processing the enquiry and in case of follow-up questions. We will not pass on this data without your consent.
9.2 Data storage:
– We would like to point out that for the purpose of simplifying the shopping process and for the subsequent processing of the contract, the IP data of the connection owner are stored by us or by the webshop operator within the framework of cookies, as well as the name, address, date of birth, telephone number, e-mail address and preferred method of payment of the customer.
– In addition, the following data is also stored by us for the purpose of contract processing: date of purchase, product, quantity, price, selected payment method and delivery method. The data provided by you is necessary for the fulfilment of the contract or for the implementation of pre-contractual measures. Without this data, we cannot conclude the contract with you.
– No data is transferred to third parties, with the exception of the transfer of payment data to the processing bank/payment service provider for the purpose of debiting the invoice amount, to the transport company/shipping company commissioned by us for the delivery of the goods, to the IT service provider for the operation of the web shop and the merchandise management system and marketing service provider for the operation of the web shop as well as to our tax advisor for the fulfilment of our tax obligations.
– In the event of a contract being concluded, all data from the contractual relationship will be stored until the expiry of the retention period under tax law (7 years). The data processing is carried out on the basis of the legal provisions of § 96 para 3 TKG as well as Art 6 para 1 lit a (consent) and/or lit b (necessary for the fulfilment of the contract) of the EU-Data Protection Regulation-DSGVO.
9.3 Cookies, web analysis and right to information
10. alternative dispute resolution
10.1 We strive to reach an agreement with the customer at all times. Please use our service contact using the contact form or our other specified contact options on our website.
10.2 The European Commission provides a platform for online dispute resolution with further information, which can be accessed at http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
11. final provisions
11.1 Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the other provisions of the GTC. The invalid provision shall be replaced by a valid provision which is legally valid and comes as close as possible to the economic intent of the contracting parties.
11.2 Contracts between us and you shall be governed exclusively by Austrian law, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.3 For companies, legal entities under public law or special funds under public law, our registered office in Wein shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
11.4 If the customer is a consumer within the meaning of the statutory provisions and has his habitual residence abroad, mandatory provisions of the legal system of this state shall remain unaffected.
11.5 Amendments, supplements and ancillary agreements to these GTC must be made in writing to be effective. This shall also apply to any agreement to deviate from this formal requirement. In the event of contradictions between these GTC and deviating written agreements between the contracting parties, the provisions of the deviating agreements shall prevail.