§ 1 SCOPE OF APPLICATION
(1) By using the BEYOND RESILIENCE website (www.b-resilience.com) and by ordering products in the BEYOND RESILIENCE webshop www.b-resilience.com, the contractual partner agrees to the following terms and conditions. The offer is aimed exclusively at customers with their registered office, domicile or habitual residence within the 28 member states of the European Union. SANY GmbH provides the services exclusively on the basis of these general terms and conditions.
BEYOND RESILIENCE is a brand of SANY GmbH.
These general terms and conditions are part of every contract between the contractual partner and SANY GmbH, based in Kohlmarkt 8-10, 1010 Vienna, Austria, e-mail: firstname.lastname@example.org, www.b-resilience.com.
The currently valid general terms and conditions can be called up and printed out on the website www.b-resilience.com.
§ 2 CONCLUSION OF CONTRACT
(1) The contractual partner is SANY GmbH, Kohlmarkt 8-10, 1010 Vienna (hereinafter referred to as “SANY” for short).
(2) The presentation and presentation of the products on the website or in the web shop does not yet constitute a binding offer from SANY to conclude a purchase contract. It is a non-binding invitation to order goods in the web shop.
(3) The customer’s order represents an offer. A contract is only concluded after acceptance on our part. An order is only possible if all mandatory fields marked with * have been filled out. If information is missing or if we cannot fulfill the order for other reasons, the customer will receive an error message. Before the final submission of the order, the customer is given the opportunity to correct his order.
As soon as the order process has been completed, the customer will be notified of this through an information window “Your order is complete and has been successfully sent to us”. This does not yet represent an acceptance of the customer’s offer on our part.
(4) When we have received the order, the customer will receive an automatically generated e-mail from the e-mail address provided by him, with which we confirm that we have received the order, a so-called confirmation of receipt, notified of the receipt of his order. This communication does not yet represent an acceptance of the customer’s offer on our part. The order data and the order data entered are stored for further internal use to process the order.
The customer is bound to his order for 2 days from receipt of this order. The statutory right of withdrawal (right of withdrawal) remains unaffected.
The valid purchase contract only arises through the acceptance of the offer, which can be declared separately and expressly or is triggered by a dispatch confirmation sent to the customer by SANY. The purchase contract is saved by us, but is not accessible to our customers via the web shop. If the customer would like to have the text of the contract, he can save and / or print it out himself, as the entire contract details will be sent to him by email during the ordering process.
(5) In the event that the customer’s order cannot be carried out due to the unavailability of the goods or other relevant reasons, SANY will inform the customer immediately.
(6) SANY reserves the right to withdraw from the purchase contract if it is due to incorrect information such as typographical or typographical errors on the SANY website www.b-resilience.com.
(7) The request to submit an offer applies while stocks last. In the event that SANY’s suppliers fail to meet their contractual obligation to deliver goods and this subsequently leads to SANY being unable to deliver a product, SANY reserves the right to withdraw from the purchase contract. SANY undertakes to inform the customer about this immediately. Payments already made by the customer will then be transferred back to the customer within 14 days of the date of withdrawal from the contract or, if requested by the customer, offset against alternative orders.
§ 3 DELIVERY, DELIVERY CONDITIONS, DELIVERY COSTS
(1) Unless otherwise agreed in writing, delivery is made ex warehouse to the address given by the customer. If the customer is a consumer (B2C), the shipping risk is exclusively borne by SANY GmbH. If, on the other hand, the customer is an entrepreneur (B2B), the risk passes to the customer as soon as SANY has handed over or delivered the item to the logistics partner or to the other person responsible for carrying out the shipment.
(2) Unless otherwise agreed, we deliver within 14 days after our confirmation of the concluded contract. The contractual partner has to accept minor overruns of delivery times without being entitled to a claim for damages or a right of withdrawal.
(3) The delivery costs are borne by our contractual partner, unless otherwise agreed. The countries to which SANY GmbH currently delivers can be viewed below:
Belgium, Bulgaria, Denmark, Germany, France, Great Britain, Holland, Italy, Croatia, Luxembourg, Austria, Poland, Romania, Switzerland, Liechtenstein, Slovakia, Slovenia, Czech Republic, Hungary, USA
§ 4 METHODS OF PAYMENT AND PRICES
(1) We accept the following payment methods / credit cards:
– Credit cards (VISA or MasterCard) or
– Instant bank transfer
– Bank transfer (on account)
When paying via the payment method “Payment by PayPal”, the purchase price claim is assigned to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449
Luxembourg (“PayPal”). The data required for payment processing will be transmitted to PayPal. For the purpose of its own credit check, PayPal transmits data to credit agencies (credit agencies) and receives information from them and, if necessary, credit information on the basis of mathematical-statistical procedures (probability or score values), the calculation of which includes address data, among other things. By selecting the payment method mentioned, the customer declares his consent to the transmission of the data to PayPal and the implementation of credit checks. Detailed information on this and the credit agencies used can be found in PayPal’s data protection provisions, which you can access here.
(2) All prices are total prices. They include all taxes including sales tax and duties, but excluding shipping costs. You can find the shipping costs in our shipping costs overview. [INSERT LINK to own page: Shipping Cost // Shipping costs]
§ 5 OFFSET
The contract partner waives the possibility of offsetting. However, this does not apply to consumers in the event of our insolvency or to counterclaims that are legally related to our claim, established by a court or recognized by us. In these cases, consumers have the option of offsetting.
§ 6 RETENTION OF TITLE
The goods remain the property of SANY GmbH until they have been paid for in full.
In the event of default in payment by the customer, we are entitled to assert our rights from the retention of title. It is agreed that the assertion of the reservation of title does not constitute a withdrawal from the contract, unless we expressly declare our withdrawal from the contract.
§ 7 DEFAULT OF ACCEPTANCE
If the consumer is in default of acceptance, we are entitled to store the goods with us, for which we charge a storage fee of € 1.00 per calendar day commenced. At the same time, we remain entitled to insist on the performance of the contract.
§ 8 DEFAULT INTEREST
Even if the contractual partner is in default of payment through no fault of our own, we are entitled to charge default interest of 4% annually; this does not affect claims for reimbursement of proven interest in the event of default in payment.
§ 9 WARRANTY
The following applies to consumers:
The provisions on statutory warranty apply. The warranty period is 2 years / 24 months and begins with the acceptance of the purchased item, provided you are a consumer (consumer, B2C).
Complaints due to statutory warranty claims or other complaints can be made using the contact details given in the imprint or at email@example.com
For entrepreneurs (B2C) applies:
If you are an entrepreneur, the period is 12 months from delivery of the item. Apart from those cases in which the right to conversion is due by law, we reserve the right to fulfill the warranty claim, at our discretion, through improvement, replacement or price reduction. The contractual partner must always prove that the defect was already present at the time of delivery.
The goods must be examined immediately after delivery. Defects detected in the process must also be reported immediately, but no later than 7 days after delivery, stating the type and scope of the defect.
Hidden defects are to be reported immediately after their discovery. If a complaint is not made or not made in good time, the goods are considered approved. The assertion of warranty claims or claims for damages due to the defect itself as well as the right to contest errors due to defects are excluded in these cases.
§ 10 DAMAGES FOR ENTREPRENEURS
Apart from personal injury, we are only liable if the injured party can prove at least gross negligence. Claims for damages become statute-barred 6 months after knowledge of the damage and the party causing the damage, at least 10 years after performance or delivery.
§ 11 CANCELLATION INSTRUCTIONS / RIGHT OF WITHDRAWAL FOR CONSUMERS
The term “right of withdrawal” used in Austria corresponds to the term “right of withdrawal” which is customary in Germany and used in the consumer rights directive. We therefore use the synonymous pair of terms “right of withdrawal (right of withdrawal)”. Only the term “right of withdrawal” is used in the cancellation policy. This is synonymous with the Austrian term “right of withdrawal”.
Right of withdrawal
You have the right to withdraw from the contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which the customer or a third party named by the customer who is not the carrier has taken possession of the goods.
In order to exercise the right of withdrawal, you must send a clear declaration to SANY GmbH, Kohlmarkt 8-10, 1010 Vienna (e.g. registered letter or email to firstname.lastname@example.org) about your decision to withdraw from the contract, to inform. You can use the attached cancellation form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If the contract is revoked, all payments that we have already received from you, including the delivery costs paid (with the exception of the additional costs resulting from the fact that a different type of delivery than the cheapest standard delivery offered by SANY was chosen) repaid immediately and at the latest within fourteen days from the day on which we received notification of the cancellation of this contract.
For the repayment, we use the same means of payment that was chosen for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or you have provided evidence that the goods have been sent back, whichever is earlier.
In any case, you must return or hand over the goods to SANY immediately and in any case no later than fourteen days from the day on which you informed SANY of the cancellation of this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired.
The direct costs of returning the goods are borne by you. You only have to pay for any loss in value of the goods if this loss in value is due to unusual handling of the goods that is not necessary for checking the condition, properties and functionality of the goods.
Non-existent or no longer applicable right of withdrawal (right of withdrawal)
However, the right of withdrawal does not apply to deliveries of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs.
The right of withdrawal does not apply to goods that are delivered sealed and are unsuitable for return for reasons of health or hygiene if their seal has been removed after delivery.
Avoid damage and contamination. If possible, the goods should be returned to us in their original packaging with all accessories and all components. If this is no longer possible, make sure to ensure adequate protection against transport damage in order to avoid claims for damages due to damage due to inadequate packaging.
The previous paragraph is not a mandatory requirement for the effective exercise of the right of withdrawal.
Model withdrawal form
If you withdraw from the contract, this form can be used and sent to SANY. However, this is not mandatory.
Kohlmarkt 8-10, 1010 Vienna, Austria
– I / we (*) hereby revoke the contract I / we concluded for the purchase of the following goods (*):
– Ordered on (*) / received on (*)
– Name of the consumer (s)
– Address of the consumer (s)
– Signature of the consumer (s) (only when notified on paper)
(*) Delete where inapplicable
End of revocation
§ 12 TRANSPORT DAMAGE
(1) If our goods have been delivered with obvious transport damage, please report such errors to the deliverer immediately and contact them.
(2) The complaint or contact not made immediately has no consequences for the warranty claims. However, they help us to assert our own claims against the deliverer.
§ 13 PRODUCT LIABILITY FOR ENTREPRENEURS
Any recourse claims made against us under the title “product liability” within the meaning of the PHG are excluded, unless the person entitled to recourse can prove that the error was caused in our sphere and was at least grossly negligent.
§ 14 INFORMATION ON ONLINE DISPUTE RESOLUTION
Consumers also have the option of contacting the EU’s online dispute settlement body. In accordance with Directive 2013/11 / EU, the European Commission has set up this internet platform for the online settlement of disputes (“OS platform”) between companies and consumers. This can be reached under the following link: [make link also available via landing page footer] http://ec.europa.eu/consumers/odr
The platform is intended to enable consumers and retailers to settle disputes in connection with online sales contracts or online service contracts easily, efficiently, quickly and out of court.
However, we prefer the direct and personal way and the direct clarification of your concerns and therefore do not take part in consumer arbitration proceedings. If necessary, we ask you to contact us and submit your complaint to BEYOND RESILIENCE or SANY GmbH at email@example.com.
§ 15 FINAL PROVISIONS
(1) Austrian substantive law applies. The application of the UN sales law is excluded. The contract language is German. Consumers habitually residing abroad can also rely on the law of the country in which they are domiciled, regardless of the specific choice of law.
(2) The place of performance is the headquarters of SANY GmbH, Kohlmarkt 8-10, 1010 Vienna, Austria, provided the customer is an entrepreneur.
(3) For entrepreneurs, the competent court at the seat of our company is locally responsible for resolving all disputes arising from this contract. However, we have the right to take legal action at the general place of jurisdiction of the contractual partner.
Status: February 16, 2021