terms and conditions

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scope

The following General Terms and Conditions (GTC) apply exclusively to the business relationship between B4A GmbH and consumers and companies (hereinafter collectively referred to as "customers") - regardless of the means of communication used. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. These terms and conditions also apply to future business relationships with entrepreneurs, without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted - they only become part of the contract if we have expressly agreed to this. The customer recognizes the exclusive validity of the GTC for the entire business relationship.

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conclusion of contract

The purchase contract is concluded with B4A GmbH By using this website and ordering from this online shop, you confirm that you are at least 18 years old.  The presentation and description of the products in the online shop do not represent a legally binding offer, but a non-binding online catalogue. The customer can initially place our products in the shopping cart without obligation and correct the entries at any time before sending the binding order. By clicking the order button, the customer places a binding order for the goods contained in the shopping basket. The confirmation of receipt of the order follows immediately after the order has been sent by an automated e-mail - however, this does not constitute acceptance of the contract. The contract is only accepted once the outstanding amount has been paid in full.

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right of withdrawal

ATD eU is entitled to reject offers. In the event of writing, printing or calculation errors on the website, we are entitled to withdraw from the contract. All offers are valid while stocks last. If our supplier does not supply us with the ordered goods despite contractual obligations, we are also entitled to withdraw. The purchase price already paid will be refunded within 14 working days or offset against other goods if desired. If the offer is not accepted by B4A GmbH or if certain products of the order are no longer available, this will be communicated by e-mail. The place of performance for entrepreneurial transactions is the company location of B4A GmbH.

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cancellation policy

consumer i. s.d. Consumer Protection Act (KSchG) have the right to revoke this contract within 14 days without giving reasons. The cancellation period is 14 days from the day on which the consumer or a named third party who is not the carrier took possession of the last goods. In order to exercise the right of withdrawal, the consumer must inform the consumer of the decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post or an e-mail). To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired. The consumer has no right of withdrawal in the case of the following contracts: Delivery of goods that are not prefabricated and for the manufacture of which an individual selection for determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. Contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery (e.g. perishable goods). Contracts for the delivery of goods if these are inseparably mixed with other goods after delivery due to their nature. Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery. Contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts. In the event of an effective cancellation, all payments we have received will be refunded. We can refuse repayment until we have received the goods back or until we have been provided with proof that the goods have been returned. This applies depending on which occurs at an earlier point in time. For the repayment, we use the same means of payment that was used in the original transaction. Important in this respect: Please send the goods immediately and in any case no later than 14 days from the day on which you informed us of the cancellation of this contract to:
B4A GmbH, Götzlingstrasse 8, 4040 Gramastetten. Goods that can be shipped by parcel are to be returned at our risk. The direct costs of the return are borne by the consumer or entrepreneur. Goods that cannot be sent as a parcel are returned by a forwarding agent and the costs must also be borne by the consumer or entrepreneur.

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delivery

Unless otherwise agreed, delivery will be made to the delivery address specified by the consumer or entrepreneur. Depending on the country, the delivery is made with different shipping service providers. The customer bears any customs duties and other public charges. From the time the goods are handed over to the post office or the parcel service, the customer bears the risk for the goods. If delivery to the customer is not possible because the customer cannot be found at the delivery address specified by him, although the customer was informed of the delivery time within a reasonable period of time or the delivery address was not specified correctly, the customer shall bear the costs for the unsuccessful delivery. The delivery takes place ex warehouse, which is also the place of performance for the delivery.

B4A GmbH has delivery and service delays due to force majeure  not to represent. Events of force majeure entitle us to postpone delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled. Strikes, natural disasters, war, blockades, export and import bans and other government interventions are equivalent to force majeure, regardless of whether they occur at B4A GmbH or at a supplier of B4A GmbH. We must inform the customer immediately of the occurrence of an event of force majeure that will impede an upcoming delivery. Deliveries are made exclusively to those countries in which the ordered products may be legally distributed. Please note that individual products can therefore only be delivered to individual countries.

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Maturity, Payment, Default

Unless otherwise stated, all product prices are gross prices and include VAT. The prices apply at the time of the order including sales tax. In some countries, exchange rate differences may occur if payment is made in a different currency. Customs tariffs are to be paid by the customer. The purchase price is due immediately with the order.

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Payment Methods

The customer can pay the purchase price in advance, by credit card or by EPS.

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Payment in advance

If you choose the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.

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Credit card

When you place your order, you send us your credit card details at the same time. After your legitimation as the legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is charged.

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EPS

After placing the order, you will be redirected to your bank's website. In order to be able to pay the invoice amount using EPS, you must have an activated online banking account with PIN/TAN procedure for participation in EPS, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards and your account will be debited.

If the customer - for whatever reason - is in default of payment, B4A GmbH is entitled to demand default interest of 5% above the base interest rate pa announced by the Austrian National Bank. If the B4A GmbH  higher damage caused by delay, B4A GmbH is entitled to assert this.

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retention of title

All our deliveries and services are subject to retention of title. The delivered goods remain the property of B4A GmbH until all claims against the customer have been settled in full. The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. Entrepreneurs may resell the reserved goods in the ordinary course of business; All claims arising from this resale are assigned to us in advance in the amount of the invoice amount, regardless of whether the reserved goods are combined or mixed with a new item, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if the entrepreneurs do not meet their payment obligations.

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warranty

The warranty period is based on the statutory provisions. This is two years and begins from the date of receipt of the goods. Claims against B4A GmbH from a manufacturer's guarantee that goes beyond warranty claims are excluded to the extent permitted by law. The customer is only entitled to claims from a manufacturer's guarantee against the manufacturer who has promised the guarantee. Is one from the B4A GmbH  If there is a defect in the purchased item for which it is responsible, B4A GmbH is entitled to choose between remedying the defect or making a replacement delivery. If B4A GmbH is not willing or able to remedy the defect/replacement delivery or if this is delayed beyond a reasonable period of time for reasons for which B4A GmbH is responsible, or if the remedying of the defect/replacement delivery fails in any other way, the customer is entitled to choose to withdraw from the contract or to demand a corresponding reduction in the purchase price. If a warranty case occurs with a product purchased in the online shop, the customer can return the goods to the contact address provided. If it turns out that there is no defect subject to warranty, B4A GmbH will charge the customer for the expenses incurred. Compensation for (defect) consequential damage as well as other property damage, financial loss and damage to third parties against the customer - unless it is a consumer transaction - is excluded.

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Links and References

The links set to external sites only represent signposts to these sites; they are therefore displayed in their own browser windows using external links. The B4A GmbH  does not identify with the content of the sites referred to and accepts no liability for them.

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information requirements

When ordering, the customer is obliged to provide truthful information. If the customer's data changes, the customer is obliged to inform B4A GmbH of this change immediately by changing the information. If the customer fails to provide this information or leaves behind incorrect data, in particular an incorrect e-mail address, B4A GmbH can withdraw from a contract if it has been concluded.

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Governing Law and Jurisdiction

Austrian law applies. All legal transactions between B4A GmbH and the customer are exclusively subject to Austrian law to the exclusion of its reference standards and the UN Sales Convention, provided there are no mandatory legal provisions to the contrary. For consumers i. s.d. Art. 5 EVÜ, their mandatory national consumer protection regulations apply, unless the respective Austrian regulations are more favorable for the consumer. If the customer does not have a general place of jurisdiction in Germany, moves his domicile or habitual abode abroad after conclusion of the contract, or his domicile or habitual abode is unknown at the time the action is filed, then Vienna is the exclusive place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship. If the customer has his domicile or habitual residence in Germany or is employed in Germany, only the jurisdiction of the court can be justified for an action against him according to §§ 88, 89, 93 paragraph 2 and 104 paragraph 1 JN , in whose district the domicile, habitual residence or place of employment is located. This does not apply to legal disputes that have already arisen. For any legal disputes arising from the contract, the mandatory consumer law provisions at the customer's place of residence are also applicable to the contractual relationship. B4A GmbH recognizes the internet ombudsman as an out-of-court settlement: Internet Ombudsman Margaretenstr. 70/2/10 -1050 Vienna https://www.ombudsmann.at/

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Severability Clause

If individual provisions of this contract become ineffective or unenforceable or become ineffective or unenforceable after conclusion of the contract, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision shall be replaced by practicable and effective provisions whose effects come as close as possible to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision. The above provisions also apply in the event that the contract proves to be incomplete.