General Terms and Conditions
with Customer Information
Table of Contents
Scope
Offers and Service Descriptions
Ordering Process and Conclusion of Contract
Prices and Shipping Costs
Delivery, Availability of Goods
Payment Modalities
Retention of Title
Customer Account
Warranty for Material Defects and Guarantee
Liability
Storage of the Contract Text
Final Provisions
1. Scope
1.1. For the business relationship between Best4you Handels-GmbH, Rosenweg 2, 8662 St. Barbara im Mürztal, Austria (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”), these General Terms and Conditions apply exclusively in the version valid at the time of the order.
1.2. A Consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An Entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.3. Deviating conditions of the Customer shall not be recognized unless the Seller expressly agrees to their validity.
2. Offers and Service Descriptions
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogs and on the Seller’s websites do not have the character of a promise or guarantee.
2.2 All offers are valid “while stocks last” unless otherwise noted for the products. Errors excepted.
3. Ordering Process and Conclusion of Contract
3.1. The Customer can select products from the Seller’s range without obligation and collect them in a so-called “shopping cart” via the button [Add to Cart]. Within the shopping cart, the product selection can be changed or deleted. Subsequently, the Customer can proceed to complete the order process within the shopping cart via the button [Proceed to Checkout].
3.2. By clicking the button [Place Binding Order / Buy Now], the Customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and view the data at any time and go back to the shopping cart using the browser’s “back” function or cancel the order process entirely. Required information is marked with an asterisk (*).
3.3. The Seller then sends the Customer an automatic confirmation of receipt by email, in which the Customer’s order is listed again (Order Confirmation). This automatic confirmation merely documents that the Customer’s order has been received by the Seller and does not constitute an acceptance of the application. The purchase contract is only concluded if the Seller ships or hands over the ordered product to the Customer within 2 days, or confirms the shipment to the Customer within 2 days with a second email, express order confirmation, or by sending the invoice. Acceptance can also take place through a request for payment sent by the Seller to the Customer and, at the latest, by the completion of the payment process. In the case of several acceptance events, the earliest acceptance time is decisive. If the Seller does not accept the Customer’s offer within the acceptance period, no contract is concluded and the Customer is no longer bound by their offer.
3.4 In the case of customers who are Entrepreneurs, the aforementioned period for shipping, handover, or order confirmation is seven days instead of two.
3.5. If the Seller allows payment in advance (Prepayment), the contract is concluded with the provision of bank details and the request for payment. If payment is not received by the Seller within 10 calendar days after sending the order confirmation, despite a renewed request, the Seller shall withdraw from the contract with the result that the order is void and the Seller has no obligation to deliver. The order is then settled for the buyer and seller without further consequences. A reservation of the item for prepayment is therefore made for a maximum of 10 calendar days.
4. Prices and Shipping Costs
4.1. All prices stated on the Seller’s website are inclusive of the applicable statutory value-added tax (VAT).
4.2. In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the order process.
5. Delivery, Availability of Goods
5.1. If prepayment is agreed, delivery takes place after receipt of the invoice amount.
5.2. Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the Seller may withdraw from the contract. Any payments made will be refunded to the Customer immediately.
5.3. If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller will inform the Customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the Customer does not wish for a comparable product, the Seller will immediately refund any payments already made.
5.4. Customers are informed about delivery times and restrictions (e.g., restricted countries) on a separate information page or within the product description.
5.5 For Entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the Seller has delivered the item to the forwarding agent, carrier, or other person/institution designated to carry out the shipment. Stated delivery dates are not fixed deadlines (Fixtermine) unless otherwise agreed.
5.6 The Seller is not responsible for delivery and performance delays due to force majeure or unforeseeable events that make delivery significantly more difficult or impossible for the Seller, even in the case of bindingly agreed deadlines and dates for Entrepreneurs. In this case, the Seller is entitled to postpone the delivery or service by the duration of the hindrance plus a reasonable lead time.
6. Payment Modalities
6.1. The Customer can choose from the available payment methods during and before the completion of the order process.
6.2. If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with payment processing (e.g., PayPal), their General Terms and Conditions apply.
6.4. If the due date of payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, the Customer shall pay the statutory default interest.
6.5. The Customer’s obligation to pay default interest does not exclude the assertion of further default damages by the Seller.
6.6. The Customer only has a right of set-off if their counterclaims have been legally established or recognized by the Seller.
7. Retention of Title
The delivered goods remain the property of the Seller until full payment has been made. For Entrepreneurs, the Seller retains ownership until all claims from an ongoing business relationship have been settled. The Entrepreneur is entitled to resell the reserved goods in the ordinary course of business; however, they already assign all claims arising from the resale to the Seller in the amount of the invoice total.
8. Customer Account
8.1 The Seller provides the Customer with a customer account containing order information and stored data. This information is not public.
8.2. To place an order, customers must create a customer account. Guest orders are not possible.
8.3. Customers are obliged to provide truthful information and update changes (e.g., email or address) immediately.
8.4. Use of the account via bots, crawlers, or external software is prohibited.
8.5. Customers can terminate their account at any time. The Seller can terminate the account with a notice period of two weeks.
9. Warranty and Guarantee
9.1. The warranty (liability for defects) is determined by statutory regulations.
9.2. A specific guarantee exists only if expressly stated for the goods.
9.3 For Entrepreneurs: The buyer must inspect the goods immediately and report recognizable defects in writing within two weeks of delivery; hidden defects must be reported within two weeks of discovery.
9.4 For Entrepreneurs, the Seller chooses between repair (rectification) or replacement (subsequent delivery) for defective goods. The warranty period for Entrepreneurs is generally one year from the transfer of risk.
10. Liability
10.1. The Seller has unlimited liability for damages caused by intent or gross negligence.
10.2. In the case of slight negligence, the Seller is only liable for the breach of essential contractual obligations (cardinal obligations), and the liability is limited to the foreseeable, contract-typical damage.
10.3. The above limitations do not apply to injury to life, limb, or health, for defects after a guarantee of quality has been given, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
11. Storage of the Contract Text
11.1. The Customer can print the contract text using the browser’s print function in the last step of the order.
11.2. The Seller sends an order confirmation with all order data and a copy of the T&C to the email address provided.
11.3 Registered customers can view their orders in their profile. The contract text is stored but not made accessible on the open internet.
12. Final Provisions
12.1. If the buyer is an Entrepreneur, the place of fulfillment and jurisdiction is the registered office of the Seller (St. Barbara im Mürztal / Leoben).
12.2 For Entrepreneurs, the law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
12.3. The contract language is German.
12.4. EU Platform for Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.