Terms and Conditions

 

These terms and conditions contain the conditions agreed between you (hereinafter also referred to as “Customer” and “you”) and us, Böllhoff GmbH, FN 78012z, Johann-Roithner-Straße 131, A-4050 Traun, (hereinafter also referred to as “Böllhoff”, “we” or “us”) and which shall apply in exclusivity unless amended by means of written agreement(s) made between you and us.  Differing or contradictory conditions shall not be recognised by us unless we have given our express agreement to these in writing. These terms and conditions shall apply to all orders, contracts, deliveries and services or other deliverables agreed between Böllhoff and the Customer via the Böllhoff eShop at www.eshop.boellhoff.at.

These conditions shall also apply to all future orders placed by the Customer in the Böllhoff eShop.

Further information on Böllhoff's contact data may be found in our Legal & Publication Details.

 

You will be notified in writing, by fax or email, of any amendments to these terms and conditions. Should you fail to object to such amendment within 4 weeks of receipt of notification, the amendments shall be deemed to have been recognised by you.  In the case of such amendment, your attention will be drawn once again specifically to your right of objection and to the legal consequences of any failure to act. 

 

Our General Terms & Conditions may be found at our website under “General Terms & Conditions”. They may also be saved locally or printed out.

Our General Terms & Conditions may also be downloaded and saved in PDF format here.

 

No charge is made for registering on our Böllhoff eShop. To place an order via the Böllhoff eShop you must first be registered on our electronic trading system (no “guest” orders possible).  The Böllhoff eShop is intended for trade use only, i.e. for use by businesspeople as defined by Sect. 1 Para. 1 Sub-Para. 1 of the Consumer Protection Act (“KSchG”) and/or businesspeople within the meaning of the Companies Code (“UGB”).  

Registration of consumers (Section 1 Para. 1 Sub-Para. 2 of the Consumer Protection Act) on the Böllhoff eShop is prohibited, because the goods offered for sale by the Böllhoff eShop are sold to businesspeople only.

Please quote your VAT registration number fully and accurately when registering. Without quoting a valid VAT registration number you will also be unable to register on the Böllhoff eShop and place orders.

To gain access to the Böllhoff eShop please fill in the registration form electronically on our website (taking care to complete all mandatory fields) and send this to us. The information required for registration purposes must be given truthfully and in full. 

The email address given by you will be used as your user name. When registering, please choose a password. You are under an obligation to select a secure password, at least 8 characters in length and containing at least one special character (“@, %, $ etc.”) and to keep the password confidential, retaining it in a safe place and not divulging it to third parties under any circumstances. 

 

After entering your registration details and clicking the “Register now” button, you will receive an email confirming receipt of registration and notifying you that your data is being checked. Once your status as a businessperson has been verified, you will receive an acceptance email. Only then will you be able to place orders via the Böllhoff eShop.

Böllhoff reserves the right to refuse the registration, for example where adequate or unambiguous evidence of the Customer's status as a businessperson is not forthcoming.

Böllhoff shall not be under any obligation to accept registration or any order placed by a registered customer.

 

With the exception of your agreement to these General Terms & Conditions, our Data Privacy Rules and our Terms of Use, your registration carries no obligations whatsoever. You can delete your registration entry at any time under “My Account”. Registration does not, of itself, create any obligation to buy any goods offered on our website. 

During entry, your registration details are protected by SSL encryption.

 

Should your business details change in any way, responsibility for updating them rests with you alone. Please inform us immediately of any changes using the electronic form available on our website. 

 

Depiction of products in the Böllhoff eShop does not represent any legally binding offer on the part of Böllhoff. 

Böllhoff's offerings on our website merely represent a non-binding invitation to entreat to the customer to order goods from Böllhoff.  

The Customer order, placed by clicking the “Buy now” button, is a legally binding offer to purchase the goods placed by the Customer into the shopping cart, and receipt of such offer will be confirmed electronically by Böllhoff without delay.  Such confirmation does not represent a confirmation of order or, hence, acceptance by Böllhoff of the offer concerned. Böllhoff's acceptance of the offer is made by Böllhoff either confirming its acceptance of the Customer's order by means of a separate email to the Customer or sending the Customer a confirmation of despatch or, at the latest, by shipping the goods. 

No order can be placed before the Customer has acknowledged agreement of these General Terms & Conditions.

Böllhoff shall be entitled to accept the Customer's offer within 5 calendar days of its receipt of the order. Should this deadline expire without action, the Customer's offer shall be deemed to have been refused. 

The steps leading up to entry into a contract are as follows:

First, the Customer must place the item(s) selected by him into the shopping cart. In doing so, he is also able to change the quantity of the item. 

By clicking the “Next” button, the Customer advances to the invoice and delivery address summary page.

By clicking the “Next” button, the Customer advances to the payment method summary page where the method of payment is chosen.

By clicking the “Next” button, the Customer advances to the order summary page (“Check order”).

This page displays a collation of all the order details, following entry and prior to the order being sent off, also giving the Customer the opportunity to check for errors and correct as necessary.  

Where the Customer wishes to correct any details, he may do so by clicking any of the “Make changes to shopping cart”, “Change address” or “Change payment method” buttons. Up to this point it is possible at any time to remove any item placed in the shopping cart or to change the item quantity.

During the next step, the Customer may click the “Buy now” button to make a binding offer to Böllhoff.

 

Regular repeat orders offered by Böllhoff give the Customer the ability to take ongoing supplies of the desired item at time intervals specified by him. By setting up the regular repeat order, a Customer order (Individual Order) is automatically triggered at the time specified by the Customer and is deemed to have been issued to Böllhoff by the Customer.  However, supply by Böllhoff is subject to acceptance of the respective Individual Order and to availability of goods.

Böllhoff shall notify the customer should the product become no longer available as part of the regular repeat order.

Each Individual Order shall constitute a binding offer made by the Customer.

Each Individual Order and any automatic individual follow-on order shall require separate acceptance by Böllhoff. Acceptance of any Individual Order may not be taken to indicate acceptance of further Individual Orders under the regular repeat order.

The Customer shall have no right to acceptance of Individual Orders by Böllhoff; this expressly includes situations where Individual Orders have been accepted in the past.

Acceptance, in each instance, by Böllhoff of the offer submitted by the Customer to enter into a contract of supply for the relevant individually ordered item shall be expressed by Böllhoff either confirming its acceptance of the Customer's Individual Order by email to the Customer or sending the Customer a confirmation of despatch or, at the latest, by shipping the goods. 

A separate invoice will be issued for each Individual Order.  

The regular repeat order may be changed, deactivated or deleted by the Customer at any time for future Individual Orders by using the “My Account” function.

The Customer's Individual Orders already placed at such time shall remain legally binding.

Böllhoff shall be entitled to change the prices of any item featured in a regular repeat order with effect upon future Individual Orders by giving one month's notice Where he does not agree to the price change, the Customer may terminate the regular repeat order at any time by email, effective upon the date on which the price change comes into effect. Böllhoff shall notify the Customer of any price change in good time by email or in writing. Prices applicable to Individual Orders already placed prior to the price change shall remain notwithstanding the price change.  

 

Böllhoff shall be entitled to terminate the regular repeat order without stating any reasons by serving one month's notice of termination in writing or by email.  The right of termination for special reason shall remain notwithstanding.

The Customer's Individual Orders which have already been placed and accepted shall remain notwithstanding and shall remain binding.

Compliance with our delivery obligation shall be contingent upon timely and proper fulfilment of the Customer's obligations.

 

Where a delay in delivery is for reasons outside Böllhoff's control (e.g. force majeure or third party default), the delivery deadline shall be extended by an appropriate amount of time. The Customer will be notified of this without delay. Where the delay lasts longer than 4 weeks after the original delivery lead-time has lapsed, both the Customer and Böllhoff shall each be entitled to rescind the contract.    

 

Shipment shall be ex-works and shall at all times be at the Customer's own risk and expense.

 

The item(s) being delivered shall be insured against transit damage only following prior instruction by the Customer and the Customer's expense.

Delivery of our products via the eShop shall be to addresses in Austria only. No foreign shipments will be made. No foreign shipments will be made.7. Prices, payments and minimum order value

The Customer may avail himself of the payment options displayed when completing the ordering process. Böllhoff currently offers Customers the ability to pay in advance or by invoice. Other payment methods are not currently possible. 

The prices quoted for each item on our website are “ex-works” prices excluding shipment and excluding value-added tax which shall be added at the relevant statutory rate.

VAT shall be charged at the statutory amount applicable on the date of invoice and will be shown as a separate item.

 

Shipping costs arising are listed separately in the product description and will be shown separately on the invoice.

Unless agreed otherwise, payments must be made (without deduction) within 14 days of the date of invoice. Deduction of early payment discount shall require special written agreement to that effect.

 

Where advance payment is to be made, shipment will be made once the full purchase price has been credited to our account. Where advance payment is to be made, we will notify the Customer of our bank details in the order confirmation. 

Böllhoff reserves the right to refuse the Customer payment by invoice and to select the advance payment method instead. 

Minimum order value: A minimum order value of EUR 50.00 excl. VAT shall apply.

This means that Böllhoff shall only process the order and carry out delivery where the value of items in the shopping cart is EUR 50.00 (excluding VAT and shipment costs).

 

Failure to pay the purchase price by the due date shall constitute a fundamental breach of contractual obligations. 

 

Where the Customer gets into payment arrears, Böllhoff shall be entitled to charge late payment interest at a rate of 9.2% above the base rate as defined by Sect. 456 of the Companies Code.

 

Customer entitlement to rectification of defects shall be contingent upon the Customer having fulfilled his inspection and complaint obligations in a proper manner pursuant to Sections 377 and 378 of the Companies Code.  

The Customer shall be bound to inspect the goods immediately after delivery, insofar as this is feasible in the ordinary course of business, and, where a defect be in evidence, to report this to Böllhoff without delay and certainly within one week at the latest. Where the Customer fails to report the matter, he shall no longer be able to make any warranty claims (Sections 922 et. seq. of the General Civil Code), compensation claims based upon the defect itself (Sect. 933a Para. 2 of the General Civil Code) or any claim arising from any error regarding the item's freedom from defects (Section 871 f of the General Civil Code) unless the defect is one which was not identifiable during the inspection. Where such defect comes into evidence at a subsequent date, notification thereof must be made immediately following its discovery and certainly no later than one week following its discovery; otherwise a Customer shall no longer be able to make the claims mentioned above.  

 

Where the delivered goods are defective, you are entitled under statutory regulations (Sections 922 et.seq. of the General Civil Code) to demand that such defects be remedied by way of repair (improvement) or replacement with conformant materials (exchange).  We shall be entitled to choose the type of remedy to be made. Böllhoff reserves the right to undertake two attempts at remedy. 

Rights and entitlements of the Customer due to material defects shall lapse one year from date of delivery in the case of new goods.  Where used goods are bought, no warranty shall apply. 

Excluded from this are claims and entitlements based on culpable injury to life, limb or health, claims and entitlements based on maliciously intentional or grossly negligent breach of duties or obligations on the part of Böllhoff or one of its legal representatives or agents and in the case of fraudulent concealment of a defect or assumption of a guarantee. In such instances the statute of limitations shall apply (two years for movable goods and three years for immovable goods).

Also excepted in the case of new goods shall be the statutory limitation of the merchants' right of recourse under Sect. 933b of the General Civil Code.

 

We shall pay compensation, irrespective of legal reason, to the following extent only: 

 

In cases of malicious intent and gross negligence including malicious intent and gross negligence on the part of our representatives or agents. 

 

In the case of minor negligence, Böllhoff shall be liable for personal injury only.

 

Liability for culpable injury to life, limb or health shall remain notwithstanding; this shall also apply to mandatory liability under the Product Liability Act and to liability under the Data Protection Act (2000) and to any other mandatory liability under law and in the case of fraudulent concealment of defects or assumption of a guarantee. 

 

The period of limitation of three years from the date of gaining knowledge of damage/loss/injury and person causing such damage/loss/injury shall apply to any and all claims and entitlements under Section 10.1.

 

Given current technology, data communications via the Internet cannot be guaranteed to be fault-free and/or available at all times. To this extent we do not accept liability for any lack of continuous and uninterrupted availability of our online trading system.

No assignment of damages claims shall be permitted.

 

No setting off shall be permitted against payments due to Böllhoff unless the Customer's counterclaim has been established by a court of law or is undisputed by Böllhoff. 

The Customer shall only be entitled to exercise a right of lien where his/her/its claim has its basis in the same contract.

 

We reserve title to the merchandise pending receipt of all payments arising from the contract.      Where the Customer behaves in a manner contrary to that contractually agreed, in particular in cases of payment default, we shall be entitled to repossess the merchandise . Repossession of the merchandise by us shall be deemed equivalent to rescindment of contract. Following repossession of merchandise we shall be entitled to dispose of it at will, the proceeds so arising shall be offset against the Customer's liabilities – less reasonable costs of disposal.

The Customer shall be obliged to handle the merchandise with care.

In cases of seizure or other third party interventions the Customer shall be obliged to inform us immediately in writing in order to enable us to initiate proceedings under Sect. 37 of the Enforcement Regulations.  Where the third party is unable to reimburse us for the judicial and extrajudicial costs of an action under Sect. 37 of the Enforcement Regulations, the Customer shall be liable for the loss incurred.

The Customer shall be entitled to sell the merchandise on in the ordinary course of business; however, he now hereby assigns to us in the amount of the final invoice total (including VAT) of the receivable due to us all claims accruing to him from the resale to his customers or third parties irrespective of whether the merchandise has been sold on with or without additional processing. The Customer shall remain empowered to collect this receivable even following assignment. Our authority to collect the claim ourselves shall remain notwithstanding. However, we undertake not to collect the claim for as long as the Customer meets its payment obligations from the proceeds so arising and does not fall into arrears and, in particular, for as long as no application is made to open insolvency proceedings or suspend payments. Where such conditions are not met, however, we may demand that the Customer inform us of the assigned claims and their debtors, that he provide all information required for collection and that he hand over the relevant documents and inform the debtors (third parties) of the assignment.

Processing or transformation of the merchandise by the Customer shall in all instances be conducted to our benefit. Where the merchandise is processed using other items not belonging to us, we shall acquire joint ownership of the new item in an amount commensurate to the value of the merchandise (final invoice amount including VAT) in relation to the other processed items at the time of processing.  All other matters relating to the items produced by means of processing shall be as for goods delivered under reservation of title.

Where  the  merchandise  is  processed  using  other  items  not  belonging  to us,  we shall  acquire  joint  ownership  of  the new item  in an  amount  commensurate  to  the  value  of  the  merchandise (final invoice amount including VAT)  in  relation  to  the  other  processed  items  at  the  time  of  processing. Where  the  mixing  is undertaken  in such a way  that  the  Customer's  item  may  be regarded  as  the main  item,  it shall be deemed  to  have  been  agreed  that  the  Customer  shall  assign  proportional co-ownership  to us. 

The Customer shall retain to our benefit the sole or co-ownership so arising.

 

We shall undertake to release the sureties due to us upon request of the Customer insofar as the realisable value of our sureties exceeds the secured claims by more than 10%; the choice of sureties to be released shall be at our discretion.

 

Processing of data shall be undertaken subject to the provisions of the Data Protection Act (2000) (DSG 2000) and the Telecommunications Act (2003) (TKG 2003). For details please refer to our Data Privacy Policy. 

 

Böllhoff stores the contract text and the order data and sends the order to the customer by email.

The Customer can use the “My Account” function (sub-section “My Order History”) to retrieve previous orders.

 

Invoices are sent out electronically. Delivery is by email to the email address specified by the Customer. 

The Customer may object at any time to the transmission of invoices in electronic form.  In such instance the Customer will be sent an invoice in hard-copy form, but is obliged to bear the additional costs of delivering the hard-copy.

 

The Law of the Republic of Austria shall apply, specifically excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).  

Unless agreed otherwise, the place of fulfilment for all obligations arising from the contractual relationship between Böllhoff and the Customer shall be the location in which Böllhoff's main registered office is situated. 

The place of jurisprudence for all disputes arising from, or in connection with, the contractual relationship between Böllhoff and the Customer shall be Linz-on-the-Danube.

The contract language shall be German or English, depending on which language has been selected by the Customer upon commencement of the ordering process.

The Customer's rights under the contract, with the exception of monetary claims, shall be non-transferable. 

 

Should individual provisions contained in the contract and in these stipulations be unenforceable in whole or in part, or should they be at odds with statutory regulations, the contract and the validity of the remaining provisions shall remain notwithstanding. The unenforceable provision shall be replaced by the Parties hereto, acting in mutual agreement, by a legally enforceable provision which approximates most closely to the economic purpose and intent of the unenforceable provision. The above provision shall apply accordingly to any omissions in the provisions .

 

 

-End of General Terms & Conditions-