These GTC apply to all contracts, deliveries and other services provided by be.pure. e.U. (hereinafter referred to as “Seller”) to

Entrepreneurs
Consumers within the meaning of § 1 KSchG (B2C)

A. Special regulations for entrepreneurs (B2B)

1. scope of application

1.1. These General Terms and Conditions (GTC) apply to all contracts, deliveries and other services between be.pure e.U. (hereinafter “Seller”) and entrepreneurs (hereinafter “Buyer”).

1.2. Sales are made exclusively to entrepreneurs (B2B). Sales to consumers within the meaning of the KSchG are excluded.

1.3. Deviating or supplementary terms and conditions of the Buyer shall not be recognized unless the Seller has expressly agreed to their validity in writing.

2. conclusion of contract

2.1. Offers made by the seller are subject to change and non-binding.

2.2. A contract is only concluded by written order confirmation or by delivery of the goods.

3. delivery & shipping

3.1. Delivery dates are non-binding unless they are expressly designated and agreed as binding in writing.

3.2. Unless otherwise agreed in writing, delivery shall be ex works / warehouse (Germany, Austria). The buyer is obliged to organize the collection or transport of the goods independently and bears all associated costs and risks.

3.3. Upon express request, the seller can organize the shipment of the goods.

3.4. The shipping costs are calculated according to size, weight and delivery time and are only invoiced after receipt of the order.

3.5. The risk is transferred to the buyer when the goods are handed over to the carrier (§ 429 ABGB).

3.6 Our delivery obligation ends with the handover of the goods at the place of delivery within the EU. Any onward delivery to third countries, including all associated export and customs formalities, shall be the sole responsibility and obligation of the customer and shall be at the customer’s expense.

4 Warranty (B2B), notice of defects and exclusion of liability

4.1. The seller provides a warranty for defects that already exist at the time of delivery (§§ 922 ff. ABGB).

4.2. The warranty period is 6 months from delivery. Warranty claims expire one month after the expiry of this period. The existence of defects must be proven by the contractual partner. § Section 924 sentence 2 ABGB and Section 933b ABGB shall not apply. Warranty claims are only available to the direct client and are not transferable.

4.3. The buyer is obliged to inspect the goods for any defects immediately upon receipt. Defects must be specified and reported in writing immediately, but at the latest within one week of receipt. Defects discovered later must be reported immediately after their discovery. Failure to give notice of defects or late notice of defects shall result in the loss of any claims.

4.4. The seller is not liable for defects caused by improper handling or modifications to the goods.

4.5. Claims for damages are excluded unless the damage was caused by intentional or grossly negligent action on the part of the seller or his vicarious agents. In the event of slight negligence, the seller shall only be liable for personal injury.

4.6. Claims for damages are limited to the value of the order.

4.7. The above paragraphs also apply to claims arising from pre-contractual obligations.

5. installation and services

5.1. The seller acts exclusively as a dealer/reseller.

5.2. Installation, commissioning, maintenance or other technical services are not part of the scope of services, unless expressly agreed in writing.

5.3. The buyer is obliged to check and test the delivered products professionally before passing them on to third parties (end customers).

6. reservation of title

6.1. The delivered goods shall remain the property of the seller until all claims arising from the business relationship have been paid in full. A resale prior to full payment is only permitted if we have been notified of this in good time in advance, stating the name or company name and the exact business address of the buyer, and we agree to the sale. In the event of our consent, the purchase price claim shall be deemed assigned to us and we shall be authorized to notify the third-party debtor of this assignment at any time. In the event of a plurality of claims on our part, payments by the debtor shall be allocated primarily to those of our claims that are not (or no longer) secured by a reservation of title or other means of security.

6.2. In the event of default, we shall be entitled to assert our rights arising from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal.

7 Prices, payment and shipping conditions

7.1. All prices are net prices plus statutory VAT and shipping costs.

7.2. Unless otherwise agreed in writing, payment shall be made in advance (prepayment). The invoice amount is to be transferred without deduction to the account specified by the seller after receipt of the order confirmation or invoice. Anything else requires a written agreement.

7.3. The goods will only be dispatched or handed over after full payment of the invoice amount has been received in the seller’s account.

7.4. In the event of late payment, the seller is entitled to withhold deliveries until full payment has been made and to charge statutory interest on arrears in accordance with § 456 UGB. Further claims, in particular for damages, remain unaffected.

8. choice of law & place of jurisdiction

8.1. Austrian law shall apply to the exclusion of the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

8.2. The place of jurisdiction for all disputes arising from this contract is – as far as legally permissible – the competent court at the registered office of the seller.

8.3. The place of performance shall be the registered office of the Seller ([Vienna]).

8.4. The contract language is German.

B. Special regulations for consumers (B2C)
Scope of application

1.1. The legal relationship between the seller and the buyer, who is a consumer within the meaning of the applicable consumer protection provisions, is governed by these General Terms and Conditions (GTC). The sale is made to natural persons for private purposes.

1.2. All deliveries and services of the seller are provided exclusively on the basis of the following terms and conditions.

1.3. Should individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof.

1. conclusion of contract

1.1. Offers are subject to change unless they are expressly designated as binding.

1.2. The contract is concluded when the seller confirms the order.

2. delivery & shipping

2.1. Delivery dates are non-binding unless they are expressly designated and agreed as binding in writing.

2.2. The shipping costs are clearly shown in the order process.

2.3. The transfer of risk only takes place when the goods are handed over to the customer or a person designated by the customer who is not acting as the carrier (§ 7b KSchG).

3. warranty and limitation of liability

3.1. The statutory warranty provisions of the Republic of Austria apply.

3.2. Defects in part of the delivered goods do not entitle the customer to reject the entire delivery.

3.3. The seller shall not be liable for defects caused by improper handling of the goods or altering them in any way.

3.4. Claims for compensation for material damage are excluded unless the damage was caused by intentional or grossly negligent action on the part of the seller or his vicarious agents. In the event of slight negligence, the seller shall only be liable for personal injury. Liability for loss of profit is excluded.

3.5. The above limitations also apply to claims arising from pre-contractual obligations or consequential damages.

4. right of withdrawal (distance selling)

4.1. The buyer has the right to withdraw from this contract within fourteen days without giving any reason.

4.2. The withdrawal period is fourteen days from the day on which the buyer or a third party named by him, who is not the carrier, has taken possession of the goods.

4.3. In order to exercise the right of withdrawal, the buyer must inform the seller by means of a clear statement (e.g. letter or e-mail) of the decision to withdraw from this contract.

4.4. The buyer can use the attached sample withdrawal form, but this is not mandatory.

5. prices & payment

5.1. All prices are inclusive of VAT plus shipping costs.

5.2. Unless otherwise agreed, payment shall be made in advance (prepayment). The invoice amount is to be transferred without deduction to the account specified by the seller after receipt of the order confirmation.

5.3. The goods will only be dispatched or handed over after full payment of the invoice amount has been received in the seller’s account.

5.4. The buyer is clearly informed about the payment method and the due date during the ordering process.

5.5. In the event of late payment, the seller shall be entitled to withhold deliveries until full payment has been made and to demand statutory default interest in accordance with § 1333 ABGB.

6. reservation of title

The delivered goods remain the property of the seller until the purchase price has been paid in full.

7 Jurisdiction & Law

7.1. Austrian law shall apply to the exclusion of the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

7.2. The place of performance shall be the registered office of the Seller ([Vienna]).

7.3. Section 14 KSchG applies to legal action by the consumer: The place of jurisdiction is the consumer’s place of residence.

C. Common provisions

8. severability clause
Should individual provisions of these GTC be invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose.