General terms and conditions
1. Scope and Applicability
1.1 These GTC apply to all orders placed and deliveries made via the Seller’s online shop.
1.2 For the purposes of these GTC, customers are both consumers within the meaning of the Austrian Consumer Protection Act (KSchG) and entrepreneurs within the meaning of the Austrian Commercial Code (UGB). Unless expressly stated otherwise, these terms apply to both groups. Deviating provisions for entrepreneurs are expressly identified as such.
1.3 The version of these GTC in force at the time of the order shall be decisive.
2. Use of the Website
2.1 The use of the Seller’s website is permitted only within the limits of applicable law. In particular, the customer shall refrain from any misuse of the website.
2.2 The customer shall not use any content or technology that may impair the security or functionality of the website (e.g. viruses, trojans, other malware) or allow unauthorised access to data of the Seller or third parties.
2.3 In case of suspected criminal acts, the Seller reserves the right to involve the competent law enforcement authorities and to disclose relevant data to the extent permitted by law.
2.4 The Seller shall not be liable for damage caused by third-party attacks on the IT systems (e.g. denial-of-service attacks, malware), unless such damage is due to the Seller’s fault.
3. Subject Matter of the Contract
3.1 The subject matter of the contract comprises the beekeeping products and related items offered in the online shop. The product descriptions on the website do not constitute a binding offer, but an invitation to the customer to submit an offer.
3.2 The product descriptions on the website form the basis of the contractual content. By placing an order, the customer agrees to such product descriptions.
4. Conclusion of Contract
4.1 The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to the customer to submit an offer.
4.2 By clicking the “Order with obligation to pay” button, the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.
4.3 Immediately after submitting the order, the customer receives an automated order confirmation acknowledging receipt of the order. This confirmation does not yet constitute acceptance of the offer.
4.4 The offer is accepted, and the purchase contract is concluded, either by express order confirmation via e-mail or by dispatch of the goods to the customer.
4.5 The Seller reserves the right to limit orders to quantities customary for households as well as to the maximum order quantities per product and customer indicated in the online shop. The same applies to orders relating to the same customer (e.g. where the same delivery address, payment details or e-mail address are used). The Seller shall be entitled to reject or adjust orders in whole or in part that exceed the aforementioned quantity limitations. The customer will be informed thereof; any payments already made for parts of the order that are not fulfilled will be refunded without undue delay.
5. Prices, Taxes, Shipping Costs
5.1 All prices are stated in euros and include the statutory value added tax (VAT) applicable at the time.
5.2 Shipping costs are charged in addition to the product prices shown and are indicated separately during the ordering process.
5.3 For deliveries to countries outside the European Union, additional customs duties, taxes and fees may apply. These shall be borne by the customer and will not be refunded by the Seller.
5.4 Despite the greatest care, price information in the online shop may occasionally be incorrect. Obvious pricing errors (e.g. a price of EUR 0.00 or a price that is clearly incorrect in relation to the market price) do not give the customer any right to the conclusion or performance of a contract. In cases of obvious pricing errors, the Seller shall be entitled to rescind the contract and/or refuse any declaration of acceptance. The customer will be informed thereof without undue delay; any payments already made will in such case be refunded without undue delay.
6. Terms of Payment
6.1 Payment is made using the payment methods offered in the online shop, in particular PayPal and credit card (via a certified payment service provider).
6.2 The selected payment method is charged immediately after the order has been placed. The customer must ensure that the chosen payment instrument has sufficient funds. Compliance with the agreed payment dates is an essential condition for performance of the delivery.
7. Delivery, Shipping, Transfer of Risk
7.1 Delivery is made worldwide to the delivery address specified by the customer.
7.2 Delivery times can be found in the respective product description or are communicated in the shipping confirmation. The customer is informed without undue delay of any delivery delays.
7.3 Delivery is carried out by an external shipping company, not by the Seller. The shipping confirmation also includes the tracking number and tracking link of the respective shipping company.
7.4 Partial deliveries are permitted, provided they are reasonable for the customer.
7.5 Pallet deliveries are made to the curbside of the delivery address specified by the customer; the Seller is not obliged to transport the goods further onto the property or inside the building. The customer must ensure that the delivery can be accepted at the agreed time and that suitable access to the curbside is available.
7.6 Where the customer is an entrepreneur, the risk of accidental loss or accidental deterioration of the goods passes to the customer upon handover of the goods to the shipping company. For consumers, the risk passes upon handover of the goods to the consumer.
8. Right of Withdrawal for Consumers
8.1 Consumers have a 14-day right of withdrawal in accordance with the Austrian Distance and Off-Premises Contracts Act (FAGG). Entrepreneurs do not have a right of withdrawal under the FAGG. The withdrawal can be exercised without giving reasons. The withdrawal period starts on the day on which the customer receives the order.
8.2 To exercise the right of withdrawal, it is sufficient to send a written declaration (e.g. by e-mail) to info@beevital.com. The form enclosed with the shipping confirmation may also be used.
8.3 In the event of withdrawal, all payments made by the consumer, including standard delivery costs, are refunded within 14 days from receipt of the withdrawal notice, provided that the goods have been returned. The refund is made using the same payment method as used in the original transaction. Customs duties, taxes and fees for customers outside the EU cannot be refunded.
8.4 The consumer bears the direct costs of returning the goods.
8.5 The right of withdrawal does not apply to sealed goods which are not suitable for return for health protection or hygiene reasons if they were unsealed after delivery; to goods which are liable to deteriorate or expire rapidly; and to goods made to the consumer’s specifications or clearly personalised.
9. Warranty & Liability
9.1 Statutory warranty rights under the Austrian Consumer Warranty Act (VGG) apply to consumers. The warranty period is 2 years from handover of the goods to the consumer.
9.2 As against entrepreneurs, warranty is excluded. Defects must be notified in writing within 7 days from receipt of the goods; otherwise, the goods are deemed accepted.
9.3 The Seller does not provide any warranty for damage resulting from improper use, storage or handling of the goods.
10. Liability
10.1 The Seller is not liable for damage caused by improper use or storage of the goods.
10.2 Except in cases of personal injury, the Seller is liable only for damage caused by intent or gross negligence.
10.3 Liability for loss of profit and indirect damage is excluded.
10.4 Claims for damages become time-barred in accordance with the statutory provisions, but no later than one year after the injured party obtains knowledge of the damage and the liable party, unless mandatory statutory provisions provide otherwise.
10.5 The Seller is not liable for damage caused by the shipping company, unless such damage is attributable to the Seller’s fault.
11. Force Majeure
11.1 “Force Majeure” means events beyond the reasonable control of the party affected which cannot be prevented even by exercising utmost reasonable care (such as natural disasters, war, terrorist attacks, civil unrest, pandemics, epidemics, extensive governmental measures, strikes, lawful lockouts, significant disruptions of energy or raw material supplies, widespread failures of telecommunications or IT infrastructures).
11.2 If a party is prevented from fulfilling its contractual obligations due to Force Majeure, it shall be released from such obligations for the duration and to the extent of the impediment, provided that it informs the other party without undue delay about the Force Majeure event and its expected duration.
11.3 Delivery periods shall be extended by the duration of the impediment caused by Force Majeure plus a reasonable restart period. Statutory rights of withdrawal of consumers shall remain unaffected.
11.4 If a Force Majeure event continues for more than 60 consecutive days, both parties shall be entitled to withdraw from the affected contract in whole or in part. Any performances already rendered shall be returned in such case; no further claims for non-performance shall exist, except in cases of intent or gross negligence.
12. Retention of Title
12.1 The delivered goods remain the property of the Seller until full payment has been made.
12.2 In relation to entrepreneurs, the Seller retains title to all goods delivered until all claims arising from the business relationship have been paid in full (extended retention of title).
13. Links to Third-Party Websites
13.1 The Seller’s website may contain links to third-party websites. The respective operator is solely responsible for their content. The Seller assumes no liability for such third-party content.
13.2 Such links will be removed immediately upon becoming aware of any legal infringement.
14. Copyright and Trademarks
14.1 All content on the website (texts, images, logos, graphics, layout, software etc.) is protected by copyright and may not be reproduced, distributed or otherwise used without the prior express consent of the Seller.
14.2 Any trademarks and protected signs displayed on the website are protected for the benefit of the respective rights holder. Mere mention or depiction does not create any licence or other usage rights.
15. Data Protection and Confidentiality
15.1 The provisions of the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG) apply. The Seller’s current privacy policy is available on the website at https://www.beevital.com/de/privacy and provides detailed information on the nature, scope and purposes of data processing and on data subjects’ rights.
15.2 The Seller processes personal data of customers and, where necessary for contract performance, of employees of its customers (e.g. contact persons, delivery contacts) for the establishment, performance and termination of contractual relationships, including credit checking, payment processing, shipping and customer service. The legal bases are in particular Art. 6 (1) (b) and (f) GDPR.
15.3 Where the Seller uses trade credit insurance with R+V Allgemeine Versicherung AG or a comparable insurer to cover trade credit risks, it may be necessary to transmit personal data of debtors (e.g. name, address, credit information) to such insurer. In these cases, the customer, as policyholder, undertakes to inform the affected debtors in accordance with the GDPR about data processing by R+V Allgemeine Versicherung AG and to provide them with the current “Information on goods credit insurance pursuant to the General Data Protection Regulation and the Federal Data Protection Act” of R+V Allgemeine Versicherung AG (available at www.ruv.de/datenschutz/wkvdatenschutzinfo).
15.4 Each party undertakes to treat as trade secrets all confidential business information disclosed by the other party in connection with this contract and its performance and not to make such information available to third parties, unless it is generally known, was already known to the recipient without an obligation of confidentiality, is disclosed or made available by a third party without an obligation of confidentiality, has been developed independently by the recipient, or must be disclosed pursuant to a final and binding administrative or court decision.
15.5 Subcontractors affiliated with the Seller are not deemed third parties for this purpose, provided they are subject to confidentiality obligations equivalent to this clause.
16. Indemnification Clause for Entrepreneurs
16.1 Where the customer is an entrepreneur, the customer shall indemnify and hold the Seller harmless from all justified third-party claims arising from the fact that the customer provides the Seller with materials (e.g. logos, texts, images) which infringe third-party rights (in particular copyrights, trademarks or other intellectual property rights), provided that the Seller is not at fault.
16.2 This indemnification also covers the necessary and reasonable costs of the Seller’s legal defence.
17. Jurisdiction, Applicable Law, Online Dispute Resolution
17.1 Austrian law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
17.2 For consumers, the place of jurisdiction is determined by the consumer’s place of residence, unless mandatory statutory provisions provide otherwise.
17.3 For entrepreneurs, the exclusive place of jurisdiction shall be the registered office of the Seller.
17.4 The European Commission provides a platform for online dispute resolution (ODR), which is available at https://ec.europa.eu/consumers/odr/. Consumers may use this platform to resolve their disputes. The Seller is not obliged to participate in an alternative dispute resolution procedure.
18. Final Provisions
18.1 Should any provision of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, a valid and enforceable provision shall be deemed agreed which comes as close as possible to the economic purpose of the invalid or unenforceable provision.
18.2 These GTC are made available in German and English. In the event of any discrepancies or doubts of interpretation between the German and the English version, the German version shall prevail exclusively.