General terms and conditions
General Terms and Conditions WEBSHOP of B&F Wien - Bestattung und Friedhöfe GmbH (hereinafter referred to as "B&F Wien")
valid from 01.08.2018
I. General information
1. the following General Terms and Conditions of Business (hereinafter referred to as "GTC") shall apply to all sales contracts for movable goods concluded between B&F Wien as seller and its customers via the website www.shop.bestattungsmuseum.at (hereinafter referred to as "webshop") in the version valid at the time of the respective order.
2. the Customer shall conclude this Agreement exclusively for private purposes and shall, therefore, be qualified as a consumer within the meaning of § 1 para. 1 no. 2 KSchG (Austrian Consumer Protection Act).
3. the personal designations used in these GTCs stand for female and male persons equally.
II. conclusion of the contract
The products displayed in the webshop do not represent an offer yet. Only the customer's order constitutes a legally binding offer to conclude a sales contract for the ordered goods. The receipt of orders is confirmed electronically and automatically. The confirmation of receipt does not represent an acceptance. The purchase contract shall be concluded by B&F Wien expressly accepting the order by e-mail or by actually corresponding to the order by sending the ordered goods. Orders shall be accepted or rejected within a reasonable period of time and within the usual processing time, in which in particular the stock on hand shall be checked. Only household quantities shall be delivered to end customers; larger orders shall only be possible by individual written agreement.
All prices are in EUR and, unless otherwise expressly stated, include value-added tax, but exclude shipping costs. The prices of the respective order day apply. The amount of shipping costs can be seen by the customer during the respective ordering process.
1. information on delivery periods is non-binding unless the delivery date has been bindingly promised in exceptional cases. In this case, if the failure to meet or delay in an agreed delivery date is due to force majeure or other circumstances for which B&F Wien is not responsible, the delivery date shall be extended for the duration of such events.
2. B&F Wien shall be entitled to make partial deliveries if part of the ordered goods is temporarily unavailable. Additional shipping costs shall be borne by B&F Wien. If the Orderer defaults on acceptance, B&F Wien shall be entitled to claim compensation for any damages incurred as a result thereof, whereby the Orderer shall be entitled to prove that the damages incurred were less.
3. delivery shall be made to the delivery address indicated by the Customer using standard shipping methods of B&F Wien's choice (post, delivery service, etc.).
4. the risk of accidental loss shall pass to the Customer at the time the ordered goods are handed over to the delivery service.
V. Payment, maturity, default
1. only online banking (instant bank transfer), PayPal and credit cards are accepted as payment methods. The debit of the customer's account/credit card will be effected with the acceptance of the order.
2. in the event of late payment by the Customer, B&F Wien shall be entitled to charge the Customer default interest at the statutory rate from the due date, as well as the costs necessary for appropriate legal action.
3. the Customer shall only be entitled to set-off if its counterclaims have been legally established by a court of law that has been acknowledged by B&F Wien in writing within the meaning of § 886 or originate from the same legal relationship. Any set-off made contrary to this prohibition shall be invalid and shall not release the Customer from its obligations under this contract.
VI. retention of title
The object of purchase shall remain the property of B&F Wien until the purchase price has been paid in full. As long as the retention of title exists, the Customer shall not be permitted to pledge the goods or assign them by way of security. In the event of executive access to the purchased items owned by B&F Wien, the Customer shall immediately notify B&F Wien in writing and inform the accessing third party of B&F Wien's ownership.
VII. warranty, liability
1. the statutory warranty provisions apply.
2. claims due to transport damage caused by the deliverer to the ordered goods are to be asserted by the customer against the respective deliverer.
3. B&F Wien shall be liable in cases of intent and gross negligence, as well as for personal injury in accordance with the statutory provisions. In all cases other than personal injury, B&F Wien shall not be liable for slight negligence.
IX. Cancellation policy and modalities and costs in connection with the return shipment after the cancellation of the contract
1. with regard to the customer's right of revocation, reference is made to the revocation instruction handed out to the customer and the sample revocation form.
2. if the customer has effectively exercised his right of revocation, the services received by both parties must be returned. The customer is obliged to return the received goods. B&F Wien shall bear the costs of the return shipment. The Customer shall be liable for any loss of value of the goods if such loss of value is due to handling of the goods that are not necessary for testing the quality, properties, and functionality of the goods.
1. the Customer may transfer rights under this contract only with the consent of B&F Wien.
2. in the event that one or more provisions of this Agreement are or become invalid or legally impracticable for the parties, the validity of the remaining provisions and of the entire Agreement shall not be affected thereby. In such a case, the parties shall be obligated to replace the invalid or unenforceable provision by mutual agreement with a provision that comes closest to the joint economic purpose of the invalid or unenforceable provision. If no agreement is reached on this, the relevant dispositive law shall be applied.
XI. Place of jurisdiction and applicable law
1 The place of performance shall be the registered office of B&F Wien; the statutory places of jurisdiction shall apply. If the Customer moves his place of residence from Austria to a foreign country after the conclusion of the contract, the Austrian courts shall nevertheless remain internationally competitive.
2. this contract shall be subject to Austrian law, according to which it shall also be interpreted, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG)
XII. Information on Dispute Settlement
The European Commission provides an Online Dispute Resolution (OS) platform, which can be found at http://ec.europa.eu/consumers/odr/ Consumers have the possibility to use this platform for the settlement of their disputes with B&F Wien.