Terms and Conditions
1. Preamble
Buqon GmbH, Alemannenstrasse 11, 6830 Rankweil, Austria (hereinafter "CONTRACTOR") specializes in the trade and development of outdoor furniture and grilling equipment (hereinafter "Goods").
These General Terms and Conditions (hereinafter "GTC") govern trade via the web shop at: https://www.buqon.com/. These GTC may also be used in offline trade.
Customers are generally consumers within the meaning of § 1 Para 1 No 2 KSchG (Austrian Consumer Protection Act) but also entrepreneurs within the meaning of § 1 Para 1 No 1 KSchG.
For the sake of readability, gender-specific differentiation has been dispensed with. This is without any intent to discriminate. All genders are equally addressed.
2. Scope of Application
All business relationships between the CONTRACTOR and the customer are subject to these GTC in the version valid at the time of the conclusion of the transaction. These GTC supersede any General Terms and Conditions of the customer.
These GTC may be permanently stored and/or printed by the customer for the purpose of online ordering.
The CONTRACTOR delivers goods to customers within the EU, Switzerland and Liechtenstein. This is done for logistical, linguistic and legal reasons and without any intent to discriminate.
The contract, order and business language is German.
3. Prerequisites for Use of the Web Shop
In order to obtain goods electronically from the CONTRACTOR, customers may need to register in the online shop. The customer must provide truthful and complete information in the course of the business relationship and keep their data up to date at all times. They must treat their data confidentially and protect it from unauthorized access. Should the customer suspect misuse by third parties, they must inform the CONTRACTOR immediately.
The customer must refrain from all measures that could endanger or impair the technical provision of the online shop (including cyber attacks).
4. Offer and Conclusion of Contract
By clicking the "Order with obligation to pay" button, the customer places a binding order to conclude a contract with the CONTRACTOR. The CONTRACTOR is not obliged to accept this order. Before final submission of an order, the customer has the opportunity to check it for any errors and correct them if necessary.
The CONTRACTOR confirms receipt of an order by email to the address provided by the customer ("Order Confirmation"). This email does not constitute acceptance of the order by the CONTRACTOR.
The CONTRACTOR reserves the right to check the feasibility of the order within three working days.
The CONTRACTOR may accept offers by confirming acceptance of the offer in a further email ("Order Acceptance") or by sending the ordered goods. Only then does the contractual relationship with the customer come into existence.
The delivery time is shown in the web shop.
If the CONTRACTOR is prevented from meeting the delivery deadline due to force majeure (e.g. natural disasters or epidemics) or supply shortages of third-party suppliers, the CONTRACTOR will inform the customer as soon as possible. In these cases, the delivery period is extended by the duration of the events.
5. Legal Capacity
If an order is placed via the goods shop, the CONTRACTOR assumes that the person placing the order has the required legal capacity to conclude the transaction, legally represents the customer and is authorized to place the order (apparent authority).
6. Payment Terms
The prices listed in the goods shop are in EUR.
In case of doubt, VAT is not yet included. The amounts listed at the time of ordering apply. The CONTRACTOR informs the customer once again about prices, taxes and shipping costs in the order summary before completing the order.
The payment methods accepted by the CONTRACTOR are listed in the web shop.
The shipping costs accepted by the CONTRACTOR are listed in the web shop.
The CONTRACTOR's claims become due upon invoicing. If the claims are not paid within 14 days, the CONTRACTOR will charge statutory default interest of 4% per year from the due date. In the event of default, the customer undertakes to reimburse the CONTRACTOR for the reminder and collection costs incurred, insofar as they are necessary for appropriate legal pursuit. If the customer is an entrepreneur, § 456 and § 458 UGB (Austrian Commercial Code) apply.
7. Complaints About Transport Damage
Without prejudice to the right of withdrawal within the meaning of Section 8 and any warranty rights, the CONTRACTOR asks the customer to report delivered goods with obvious transport damage to the carrier and to notify the CONTRACTOR immediately.
8. Right of Withdrawal Under FAGG
This right of withdrawal applies only to consumers.
It is pointed out that according to § 18 Para 1 No 3 FAGG (Austrian Distance and Off-Premises Transactions Act), the right of withdrawal does not exist if the goods are made to customer specifications or are clearly tailored to personal needs.
The customer has the right to withdraw from their declaration of contract or an already concluded contract within fourteen days without giving reasons, if the contract was concluded electronically. The withdrawal period is fourteen days from the day on which the consumer or a third party named by the consumer, who is not the carrier, takes possession of the goods.
To exercise the right of withdrawal, the customer must inform the CONTRACTOR by means of a clear declaration (e.g. a letter sent by post or email) of the decision to withdraw from this contract. The customer may use the model withdrawal form provided in Annex I B of the Distance and Off-Premises Transactions Act, which can also be accessed on the CONTRACTOR's website.
A withdrawal declaration should be addressed to:
Buqon GmbH
Alemannenstrasse 11
6830 Rankweil
Austria
Phone: +43 720 2320 94
To meet the withdrawal deadline, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. If this option is exercised, the customer will receive confirmation of receipt of such a withdrawal. If the customer withdraws from the declaration of contract or an already concluded contract, the CONTRACTOR shall refund all payments already received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a different type of delivery than the cheapest standard delivery offered by the CONTRACTOR) without delay and at the latest within fourteen days from the day on which the notification of withdrawal of this contract was received by the CONTRACTOR. For the refund, the CONTRACTOR uses the same means of payment that the customer used in the original transaction.
The direct costs of returning the goods are borne by the customer. If a loss in value of the goods is due to the goods being used in a manner that was not necessary for checking the condition, the customer is liable for this loss in value.
9. Retention of Title
All goods delivered by the CONTRACTOR remain the property of the CONTRACTOR until full payment has been made.
If the customer has not accepted the goods as agreed (default of acceptance), the CONTRACTOR is entitled to either store the goods, for which a reasonable storage fee per calendar year commenced may be charged, or to deposit them with the court at the customer's expense and risk.
10. Liability for Damages and Warranty
The CONTRACTOR's liability for slight negligence is excluded.
This limitation of liability does not apply to personal injury or damages under the Product Liability Act.
11. Risk Transfer
The risk of loss or damage to the goods passes to the consumer (only then) when the consumer or a third party authorized by the consumer to receive the goods (who is not the carrier) has taken possession of the goods.
12. Data Protection and Business Secrets
The disclosure of data and information to the respective required business partners is permitted to the extent necessary for the fulfillment of the contractual relationship and on the basis of predominantly legitimate interests (Art 6 Para 1 lit b and f GDPR).
The CONTRACTOR further points out that the customer's data may be processed for advertising purposes based on legitimate interests (Art 6 Para 1 lit f GDPR). The customer may object to this form of data processing at any time (Art 21 Para 2 GDPR).
Further information on the processing of personal data can be found in the privacy policy.
13. Intellectual Property
The goods produced by the CONTRACTOR are protected by copyright and constitute the CONTRACTOR's intellectual property. Use of the goods beyond the purpose of this contract requires the express consent of the CONTRACTOR.
14. Use of Subcontractors
The CONTRACTOR may use subcontractors to fulfill its obligations under this contract, unless a strictly personal performance has been expressly agreed upon.
15. Jurisdiction, Applicable Law and Dispute Resolution
This contractual relationship is subject to Austrian law and this is agreed upon. However, this choice of law must not result in the consumer being deprived of the protection afforded by the mandatory provisions of the consumer's country of residence (cf. Art 6 Para 2 Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and referral norms is excluded.
The exclusive place of jurisdiction is Vienna. If the customer is a consumer and has their domicile or habitual residence in Austria, or is employed in Austria, the customer may only be sued in those courts in whose district their domicile, habitual residence or place of employment is located.
Attention is drawn to the possibility of dispute resolution via the Online Dispute Resolution platform (Art 14 Para 1 S 1 ODR Regulation) and national consumer arbitration bodies. The CONTRACTOR is not willing to participate in dispute resolution proceedings before a consumer arbitration board.
(February 2022)