- Scope of the General Terms and Conditions
These General Terms and Conditions (herein referred to as “GTC”) are valid for all contractual agreements executed between bentocur GmbH and users of its online shop, i.e. customers, via transactions occurring through that online shop.
A consumer is any natural person who concludes a legal transaction for a purpose which neither can be attributed to that person’s activity related to their business nor that person’s activity related to being self-employed.
- Acceptance of the GTC
The customer accepts the GTC presented here and confirms agreement with them through the placing of an order. The contracting parties agree to the application of Austrian law. If the consumer has his domicile or long-standing residence in Austria or is employed in Austria, only the jurisdiction of the district court in which the domicile, long-standing residence or place of employment is located may be utilised for legal action against the customer; this does not apply to already existing legal disputes.
If you, as a consumer, have long-standing residence in the European Union, you are additionally entitled to protection under the obligatory regulations of the country in which you reside.
- Protective clause
The involvement of general terms and conditions or contractual conditions of the customer that deviate from the GTC herein will be rejected, unless these are expressly accepted by bentocur GmbH.
- Conclusion of contract
Internet presence of bentocur GmbH via the company’s website
The presentation of products on the website does not constitute an offer in a legal sense. It is a prompt to the customer to submit an offer. The offer in the legal sense is made by the customer by placing the order. The confirmation of receipt of the order takes place together with the acceptance of the order immediately after the sending of the of the order via an automated e-mail. This e-mail confirmation marks to conclusion of the purchase contract.
In the overview of the online shop assortment, the customer can select desired products by clicking the “Add to Cart” button. The selected goods are stored in the shopping cart during the customer’s visit to the website. By clicking on the button “Proceed to Checkout” on the page with the goods listed in the shopping cart, the order process takes a step forward. On the following page, the customer is asked to log into the online shop if there is an existing account or to register if the customer does not already have an account. The customer then specifies the delivery destination and payment method and enters the information required for the execution of the payment. When choosing external payment services, for example PayPal, the customer is redirected to the external website of the respective payment service provider. Prior to the placement of the order, the respective information about order is summarized in an order overview. The customer is free to check all of the details in the order overview again and, if necessary, make corrections before sending the order to bentocur GmbH by clicking on the “Submit & Pay” button. By clicking on the button “Send & Pay”, the customer is submitting a binding purchase offer with regard to the goods selected during the ordering process.
Order confirmation (i.e. conclusion of contract)
After receipt of the order, bentocur GmbH will send a notification email to the e-mail address provided by the customer, in which the receipt of the order is confirmed and the content of the order is listed (hereafter referred to as “order confirmation”). If the conclusion of the contract is rejected by bentocur GmbH, the customer will be informed about this without delay via e-mail.
- Storage of the contract text
The text of the contract, i.e. the information provided by the customer as part of the ordering process, is stored by bentocur GmbH. This information can be sent to and reviewed by the customer by making a request to customer support. Regardless whether this is done or not, bentocur GmbH will send an order confirmation and the GTC herein to the e-mail address provided by the customer.
- Right of withdrawal / cancellation
The following cancellation policy applies to contracts for goods that can be sent as a parcel with a shipping company.
Cancellation policy for goods that can be sent as a parcel
As the consumer, you have the right to cancel this contract within fourteen days. The cancellation period expires fourteen days after the day on which you, or a third party named by you who is not the carrier, has taken possession of the goods.
In order to exercise your right of cancellation, you must inform us of your decision to cancel the contract by means of a clear declaration (for example a letter sent by post, a fax or an e-mail; even a telephone call is sufficient, but in that case the burden of proof is the responsibility of the customer).
Our contact information:
Telephone +43 1 2350329
(Mon. through Fri. 8 a.m. to 2 p.m. CET)
You can use our cancellation form for this purpose, but this is not obligatory. To meet the cancellation deadline, it is sufficient that you send the notification of your intent to exercise your right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you withdraw from this contract, we must refund all payments that we have received from you, excluding the delivery costs, without delay – at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction unless expressly otherwise expressly stipulated by you. Under no circumstances will you be charged any fees for this refund payment. We may withhold the payment of reimbursement until we have received the goods for return or until you have provided proof that you have returned the goods, whichever comes first.
You must return the goods by whatever means of your choosing without delay, at the very latest within fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is considered met only if you send the goods before the expiry of the specified fourteen day period. Address for returns:
Contracts for the delivery of goods that are not produce beforehand, the preparation of which involves specific individual choices or stipulations made by the consumer, or involves the delivery of goods which are explicitly tailored to the individual needs of the consumer, cannot be revoked.
Detailed information concerning returns can be found on the customer support page on our website.
The right of cancellation does not apply to the following contracts:
Contracts for the delivery of goods that are not produce beforehand, the preparation of which involves specific individual choices or stipulations made by the consumer, or involves the delivery of goods which are explicitly tailored to the individual needs of the consumer.
Contracts for the delivery of goods that can spoil quickly or goods that have a nearing expiry date.
Contracts for the delivery of sealed goods that are not suitable for return if their seal has been removed after delivery, for example for hygienic reasons or to avoid disease transmission.
Contracts for the delivery of goods if such goods have been inseparably mixed with other goods after delivery due to the nature of their use.
Please click here if you would like to download a cancellation form.
Here ends the cancellation policy
- All product prices are total prices and include the obligatory value added tax (VAT).
- Pricing error policy: If the correct price is higher, the customer will be contacted; in this case, a contract is only concluded if the customer would like to make a purchase at the actual price. If the correct price is lower, this lower price will be charged.
- Fees for delivery
- In addition to the product prices provided, fees for delivery are also added to order totals.
- Details on shipping costs can be found on the customer support page of our website.
- The applicable VAT is included in the shipping costs provided.
- In cases in which payment is made via cash on delivery, an additional cash on delivery fee must also be applied. This will not be invoiced to the customer, rather the customer must make this payment directly to the delivery person.
- Terms of delivery
- Unless otherwise agreed, delivery will be made to the address specified by the customer. We also deliver to parcel pickup stations.
- The anticipated delivery time is shown directly in the shopping cart. In the case of payment in advance, the delivery period begins one day after receipt of the amount on the bank account of bentocur GmbH. In the case of payment by cash on delivery or purchase on account, the delivery period begins one day after the day of the conclusion of the contract. In other cases, the delivery period begins one day after receipt of the order.
- In the event of damage to goods during transport, the customer has the obligation to immediately notify the delivery company of the damage and make a claim for damages with them.
- No responsibility is born by bentocur GmbH in the event of impediments to delivery in relation to suppliers or manufacturers. If delivery or adherence to an agreed delivery time becomes impossible due to circumstances for which bentocur GmbH is not responsible, bentocur GmbH is entitled to withdraw from the contract in whole or in part. The customer will immediately be informed by bentocur GmbH should this occur. In such cases claims for damages are excluded. The customer will be informed of existing delivery restrictions before the start of the ordering process.
- Due date and retention of ownership
- At the latest, the purchase amount is due at the time goods are delivered.
- Until full payment has been made, the delivered goods remain the property of bentocur GmbH GmbH.
- Terms of payment
The following are the means of payment accepted by bentocur GmbH.
- For payment made in advance, the customer transfers the invoiced amount to the account of bentocur GmbH within 14 days of conclusion of the contract (bank details are provided as part of order confirmation and are also found on the imprint of this website). Shipping takes place only after the receipt of payment.
- For payment via direct debit, bentocur GmbH shall be authorised to collect the price from the customer’s bank account in accordance with the order summary through the issuing of a direct debit authorisation by the customer. The customer must ensure that there are sufficient funds in the respective bank account. Changes to the banking details must be provided to bentocur GmbH without delay. bentocur GmbH reserves the right to discharge all costs incurred by the customer due to failure to comply with these obligations.
- For payment by invoice (up to a value of €250), the customer transfers the amount due that is specified in the invoice within one week after receipt of the goods.
- For payment using cash on delivery, the customer pays the cash on delivery fee directly to the delivery person. The cash on delivery fee depends on the destination country. You will be informed about the respective fees before completing the order.
- For payments by credit card, your credit card will be charged after completion of the order. This happens immediately, even if we do not have the goods in stock at the time and are only able ship them at a later date. We work with PayPal for such transactions. Information concerning data protection can be found under data protection on the website.
- For PayPal payments, you pay the invoice amount via the online provider PayPal. You must either be registered beforehand or register as part of making a payment. After your access privileges have been verified, you can confirm the payment for the order with us. You will receive further instructions during the ordering process. Information on data protection can be found under data protection on the website.
- Unless otherwise specified, general laws and regulations shall apply.
- The warranty is void in the case of damages caused by the customer. This is especially the case in the event of improper handling, incorrect operation or unauthorized repair attempts.
- The shortened statute of limitations does not apply to damages that are based on gross negligence on the part of bentocur GmbH or on intentional and gross negligence on the part of a legal representative or other representative of bentocur GmbH. Furthermore, the shortened statute of limitations not apply to claims for damages due to negligence or the intentional breach of essential contractual obligations. Essential contractual obligations are obligations which must be fulfilled in order to make the proper execution of the contract possible, moreover customers should normally be able to rely on compliance with such obligations.
- If goods are delivered with obvious damage related to the shipping process, please make a complaint to the delivery company about such problems immediately and contact us as soon as possible. Failure to make a timely complaint to the delivery service provider or failure to contact us has no consequences in terms of legal warranty claims made by consumers and only serves to support the goods provider in asserting his claims against the company or insurance company commissioned with the delivery of the goods.
- Insofar as a manufacturer warranty exists, the customer must assert rights to the respective claims directly with the manufacturer. The liability of bentocur GmbH for such warranty obligations is excluded.
- Exemption from liability
- Claims for damages made by the customer against bentocur GmbH are excluded unless bentocur GmbHor its representatives have intentionally caused harm or have caused harm due to gross negligence.
- Liability for damages resulting from injury to life, body or health, due to negligent or intentional violation of essential contractual obligations or insofar as liability for material damage is mandatory under the Product Liability Act or due to fault at the time of conclusion of the contract or due to other breaches of duty or tort claims for compensation for property damage remains unaffected. Essential contractual obligations are obligations which must be fulfilled in order to make the proper execution of the contract possible, moreover customers should normally be able to rely on compliance with such obligations.
- Right to compensation, right to lien
- The customer is not entitled to compensation to offset our claims unless the counterclaims of the customer have been legally established or are undisputed. The customer is also entitled to compensation against our claims if claims are made concerning defects or there if there are counterclaims asserted for the same purchase agreement.
- The customer may only exercise a right of lien if his counterclaim is based on the same purchase contract.
- Data protection
Data protection provisions are contained in the data protection declaration. This information is available on the website of bentocur GmbH.
- Modification to the General Terms and Conditions / right of modification
We are entitled to unilaterally amend these General Terms and Conditions insofar as this is necessary to eliminate subsequent infractions of equivalence or to adapt them to changes to legal or technical framework conditions. We will inform customers about any change by sending the content of the changed regulations to the customers last known e-mail address. The change becomes part of the contract if the customer does not object to our consideration in the contractual relationship in written form within six weeks of receipt of the notification of change.
- Severability clause
Should any clause of these General Terms and Conditions become invalid, this shall not affect the validity of the remaining provisions.
- Contract language
The language available for the execution of the contract is English.
- Contract law
Austrian law shall apply to the contractual relationship. If you are a consumer with long-standing residence in the European Union, you are also entitled to protection under the obligatory provisions of your country of residence.
- Information concerning liability for defects
Liability for defects is governed by Sections 12 and 13 of our GTC.
- Arbitration body and online dispute resolution
In the event of a dispute, we commit to participation in the arbitration procedure provided by this web-base ombudsman: www.ombudsmann.at.
In the event of problems, you can submit a complaint via this platform and request that it be processed by an independent dispute resolution body: https://ec.europa.eu/consumers/odr.
Our email address is: email@example.com
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.