BestTrade Terms & Conditions
Preface
The business conditions for the mail order are mandatory business subject terms of contract for the business connections between BestTrade and the buyer within the shopping offer. They are valid in their relevant version at the date of ordering for all future business dealings. The invalidity of single contract clauses is not tangent to the validity of the contract. In case of the invalidity of single contract clauses the legal terms are becoming relevant. Terms and conditions of purchasing of the buyer are invalid, even if we are not disagreeing them explicitly.
Contract conclusion and cancellation
The contract of sale comes off, when the buyer by mouse clicking issued the command „order article“. The company named above accepts the order of the buyer sending a confirmation via mail. Obvious error, especially pricing error, mistake in writing or calculation within the homepage of BestTrade entitle the company to cancellation. Also in case, the producer of the ordered product cannot deliver within a forseeable period. BestTrade is also entitled to cancellation, if circumstances, also from previous businesses of the buyer with the company, are known or emerge, after using equitable discretion lead to the assumption, that the buyer cannot fulfil his contractual commitments.
Delivery
Delivery takes place ex warehouse to the from the buyer stated delivery adress. Stated delivery periods are without any commitment. BestTrade is attempted to observe stated delivery dates, provided that there are no troubles with deliveries from the suppliers or and Acts of God expected. Delivery possibilities are reserved. Part deliveries are acceptable. The transfer of risk to the buyer takes place, immediately after the ordered products leave the business premises of BestTrade. This is also valid in case of part deliveries. Lawful damages of the buyer or cancellation of the contract in any cases of delayed delivery are excluded, also after expiration of a given extra time. Unfree returns of delivered articles are only accepted with our written agreement.
Maturity, payment and delay
The purchase price is immediately and without deduction due with the order. The buyer may pay the purchase price to the in the order form quoted terms. In case of delay of the buyer the company named above can calulate interests for delay in the amount of 4% above the current bank rate. In addition to that, BestTrade reserves the right, to charge the buyer the dunning and collection costs incurred. Possible bank charges incurred in case of charge backs are placed to the debit of the buyer.
Compensation and retention
Compensation opposite to our claims and raising of the right of retention are only possible, if they are declared as legally valid or if there is a written agreement of BestTrade. For a retention the claim must be based on the same contractual relationship.
Notice of defects and responsibility for defects
Notice of defects must be advertised opposite BestTrade immediately after the arrival of the products at destination. In case of a justified notice of defects, BestTrade is entitled to choose between compensation delivery or correction of faults. Reduction or cancellation of the contract are only allowed, when BestTrade is not able or willing to correct the fault within an appropriate period, or other circumstances prevent a compensation delivery or correction of faults. In this case, the buyer has the choice between reduction or cancellation of the contract. BestTrade is liable for intent or gross negligence, in addition to that there are no other claims, especially no lawful damages because of direct or indirect damages as soon as consequental damages. Compulsive clauses of the product liability law will remain unaffected. The guarantee period takes two years after transfer of risk. The period is a limitation period and is also effective for claims of compensation of consequental fault damages, as far as no other claims are enforced. I the liability of BestTrade ist exluded or limited, this is valid for the personal liability of employees, representatives and vicarious agents.
Title retention
The delivered products remain in the ownership of BestTrade until all claims are definitely payed.
Data protection
The buyer agrees with the adaption of his data by use of EDI to fulfil the purchase contract and the following takeover of his data in a file with respect to the current data protection act. The data of the buyer (title, name, address, date of birth, mail address, phone number, payment method, bank account, beginning and end of the business relation to the company named above) are exclusively collected, processed and used, as far as they are essential for the explanation, structuring or change of the contract as well as for specific advertising. BestTrade is entitled to transport these data, within the frame of the rights and obligations of the purchase contract, to the involved partners engaged in the purchase contract. The data are exclusively used for business relations with the buyer.
Contractual relationship
The contractual relationship is subject tot the Austrian Law with the exception of the UN Convention on Contracts for the International Sale of Goods (CISG).
Place of jurisdiction is Vienna. BestTrade is optionally entitled to sue at the orderer`s place of jurisdiction. Right of rescission according to the Distance Selling Act (valid for ultimate buyers)
Due to the legal right of rescission ultimate buyers can return the products within 14 days without giving reasons. It is enough, when the articles are posted on the last day of the deadline at the post or an other forwarding agent. The return takes place at buyer`s risk and expense. If we have delivered wrong or faulty goods, BestTrade pays the return delivery charges. Alternative to this, you have the right to send BestTrade a written rescission explanation without giving reasons within 14 days when received the goods. Also in this case, you are comitted for the return and if necessary for the takeover of the delivery charges. For a return it is obligatory to choose the most economic dispatch type. Delivery charges may be refunded if necessary. Unfree deliveries cannot be accepted.
Place of delivery: Place of delivery is Vienna.
BestTrade
Karl Promberger
Viktor-Kaplan-Straße 9b
A-2201 Gerasdorf bei Wien
