Legal and data protection declaration
USE AND GENERAL
TERMS AND CONDITIONS
Updated: April 2020
This document (GTC) contains the general terms and conditions of www.budmil.at .
Due to the fact that YOU visit and use this website and buy products on budmil.at, we assume that you have read, understood and accepted these terms and conditions. The rights, obligations and other conditions of www.budmil are determined within the framework of the GTC. This refers to the operation of the service, the use of the services it offers, which are governed by the service provider and the Internet. Budmil. in legal relationships between people using the Services.
The operator of the website budmil.at:
Name: SAWD Trade Ltd.
Head office: 8330 Feldbach, Gniebing 244
Location: 8330 Feldbach, Gniebing 244
Commercial register number: FN 543038 k
Information about the web development company:
Name: Gyapinet Bt
Head office: Cserhát street 17, 1078 Budapest, II / 18
The hosting provider’s registered office: Gyapinet Bt, 7693 Pécs, 20 Szövőgyár Street
The hosting provider's email address: email@example.com
- THE SERVICE PROVIDER www.budmil. at offers services via the operated Internet shopping portal (web shop) under the conditions set out in the General Terms and Conditions and thus offers a purchase option for the products available in the web shop.
- The person who makes a purchase and registers in the web shop (the Customer) agrees to the registration and purchase of individual products applying the GTC without further stipulations in the legal relationship between the Service Provider and the Service Provider and when placing orders.
- Acceptance of the GTC by the customer in the web shop is a prerequisite for using an available service. It is considered acceptance of the GTC if the buyer uses the service, ie orders and buys goods or services.
- By registering, the customer guarantees that the purchase confirms that the information provided by him (personal data, company information, etc.) is true in all respects. He may have changed his previously recorded data and all information provided in the web shop. the person or persons authorized to make the declaration. The customer is fully liable and liable to the service provider for all consequences resulting from the untruth of this guarantee statement. Correction of data entry errors - Responsibility for the accuracy of the data provided. During the ordering process, the customer has the opportunity to continuously change the data entered by the customer before the order is completed. Please note that it is the customer's responsibility to ensure that the information they provide is entered correctly as the product will be billed or delivered based on the information they provide. By placing an order, the customer acknowledges that the service provider is entitled to pass on to the customer all damages and costs resulting from the customer's incorrect data entry and inaccurate data. The service provider excludes its performance liability due to incorrect data entry. Please note that an incorrect e-mail address or the storage space of the mailbox can result in the confirmation not being sent and the conclusion of the contract possibly being prevented. If you find an error after placing your order, please contact our staff
- E-mail address: firstname.lastname@example.org
Based on the foregoing, the Service Provider has the right to assume that the Customer has provided the Service Provider with factual and complete information at all times. However, if the service provider has doubts about the actual content and completeness of the data and statements provided, it can request additional statements, certificates and data from the customer. In this case, the Service Provider is entitled to suspend or limit the Buyer's right to purchase through the Website until such additional information is available.
- The Customer is obliged to compensate the Service Provider for damage caused by improper use of the Service Provider in accordance with the provisions of the Civil Code. according to its general rules.
- The service provider is not liable for damage caused by the connection to the website www.budmil.at or which is temporarily unavailable to the customer. The customer is obliged to protect his computer and the data on it.
- The service provider will make every effort to fulfill its obligations under this CONTRACT. However, the Service Provider shall not be liable for any errors resulting from the non-submission, delay or incompleteness of the webshop and webshop order or the assumption of its non-acceptance due to unavoidable circumstances beyond its control. In the event of a delay for such a reason, it undertakes to fulfill its obligation as soon as possible.
- The service provider reserves the right to change the provisions of the GTC at any time, in whole or in part. The General Terms and Conditions and any amendments to them come into force upon publication on the Service Provider's website. When making a purchase in the web shop, the provisions of the General Terms and Conditions applicable at the time the order is entered take precedence.
If a product or service available on the Web Store is subject to different terms and conditions than those set out in the Terms and Conditions, this will be announced for the relevant product or service. In this case, the terms and conditions apply under these changed conditions.
- Common Rules
- The service provider offers customers a free registration option on www.budmil.at to make purchases in the web store.
- During registration, the customer is responsible for providing factual data or making statements. By registering, the registering customer guarantees that the data they have provided is true in every respect. Buyer has full right of representation or authority to make purchases and make binding representations on it as a valid obligation to complete the purchase.
- By registering, the customer acknowledges that he has fully understood and understands the content of the GTC and accepts the content of the GTC as binding on him and undertakes to monitor any changes thereto.
- After registration, the service provider records the data provided to the customer during registration in its registration system. The service provider then sends a confirmation email to the email address provided by the customer. For a successful registration, you must confirm your registration by clicking on the link provided in this confirmation email. Registration can be confirmed 7 days after sending the confirmation email, after which the registration will be canceled and a new registration will be required.
- After successful registration, a user contract is concluded between the service provider and the customer for the use of the web shop services available on www.budmil.at in accordance with the conditions set out in these GTC.
- The customer undertakes to inform the service provider immediately in writing (by e-mail) of any changes to his registered data. The service provider is not responsible for the consequences arising from non-performance or late performance.
- The service provider reserves the right to cancel or deactivate the registration. This is particularly the case in the following cases:
- if the buyer violates the provisions of the GTC,
- The service provider becomes aware that the customer is behaving in violation of the law.
- The buyer acts in bad faith,
- The behavior of the customer violates or jeopardizes the reputation of the service provider or the assessment of the quality of the services available in the web shop
- In the event of cancellation or inactivation by the Service Provider, the Customer may not assert any claim against the Service Provider nor any claim against the Service Provider (even for the reactivation of the registration).
- The customer can request the service provider at any time after registration to cancel or deactivate his registration via the budmil.at website without giving reasons. Customer's purchase option is terminated by Customer deleting or disabling it from Service Provider. The Customer acknowledges and expressly accepts that the orders received by the Service Provider pending cancellation or deactivation constitute a valid commitment between the Service Provider and the Customer.
- By registering, the customer voluntarily agrees to forward electronic e-mails for advertising purposes to the service provider to the notification addresses and telephones (e-mail, SMS) changed during registration or later. The service provider undertakes that the advertiser informs the customer in an electronic advertisement about the possibility of unsubscribing and ensures that he can announce his unsubscribe request by post and e-mail.
- The service provider reserves the right to ensure the availability of different services, including different product lines, prices and other conditions, depending on the quality in which the customer registers (professional user or other user, individual or other person).
- Password and login name warning
Since the provided email address and password identify the customer and are based on this on www.budmil.at as well as on all information provided in the webshop, the customer is a valid and enforceable disclaimer, which is why the customer is obliged to use the utmost Act with care The login name and password are selected correctly and are not passed on to unauthorized persons. The provider is not liable for the consequences of using the login and password by unauthorized persons.
- Additional terms for individuals:
- If the buyer registers as an individual, he must provide the following information:
Providing additional data provided during registration is not mandatory, but may be useful when working with the service provider.
- In the case of individuals, successful registration presupposes that the customer also accepts and agrees to the data protection provisions. that the service provider treats his personal data in connection with the cooperation between them for the purpose of system operation, invoicing and delivery.
In the case of a person, the registered person confirms as a customer by registering that they are registering and treating the specified login name and password confidentially, not granting third-party access to www.budmil.at and only personally in the webshop. existing obligations entered into in relation to them.
- 5. Conditions for non-individuals (economic entities, other legal entities, other entities)
- If the buyer does not register as an individual, the following information must be provided:
- It is not mandatory to provide additional data when registering. However, this can be helpful when working with the service provider.
- In the case of non-persons, the success of the registration requires that the customer's representative accepts the data protection regulations with the registration and agrees that the service provider processes the personal data provided in connection with the cooperation between them, as well as for system operation and billing .
- By registering, the customer acknowledges that the personal name and login name and password authorized to represent the customer, and therefore to register, are confidential, do not give access to them to third parties and are not exclusively owned by the customer on the website www.budmil .at or in the web store. Make the declarations personally as a proxy as valid commitments for him.
If the representation on behalf of the buyer can be exercised jointly, the above declaration is deemed to have been made jointly by each representative.
III. Purchase process, purchase as a registered user
- Ordering through the website is very simple:
- Register in the web shop.
- Select the products you want.
- Add the selected products to the shopping cart.
- Go to payment (checkout).
- Select the billing and shipping option you want.
- Review your order.
- Submit your order.
- The system sends an automatic confirmation of the online order.
- A registered user logs in using the name and password of the customer's email address. By registering, the customer confirms knowledge and acceptance of the provisions of the valid General Terms and Conditions.
- Entering the e-mail address and password means the identification of the customer and the fact that the order in the webshop is placed by the customer or the person acting on his behalf. Accordingly, the customer cannot claim that the order was not placed with an authorized person has been received.
In the event of changed data, the General Terms and Conditions apply to the data to be provided at the time of registration (Chapter II).
The registered customer is entitled to view the products and services in the web shop and to place an order for the purchase of one or more products and services in accordance with the GTC and the conditions specified for the products.
The order can only be placed in the web shop electronically via the Internet at www.budmil.at. The service provider also sends the information about the orders electronically to the customer.
- You can place the product or service that you want to buy in the webshop in the webshop's shopping cart, indicating the quantity. When choosing the specific product, the buyer must take into account the possible minimum / maximum sales limits, delivery terms and other conditions. The customer must read the information about the respective product or service in detail.
In the web store and www. Budmil. The information provided on page t is intended to provide information about products and services and in no case can be classified as a product / service offer, a solicitation or an inducement to buy the product or service in question.
- The prices given in the web shop are gross prices, provided that the net prices can also be given for information purposes.
- In order for the buyer to complete the order, the buyer must:
- You provide the billing address and shipping address and pay for the product or service (except cash on delivery). Completion of the order by the buyer also means confirmation of acceptance of the GTC.
After the order has been completed by the buyer, ie the buyer's offer for the ordered products, the order can no longer be changed and canceled via the web shop. Order changes or cancellations can be modified or canceled by the Customer when contacting the Service Provider's customer service. Changing or canceling the order is only possible before delivery to delivery.
- In order to complete the order, the buyer is required to initiate payment for the purchase of the product or service. This can be done as follows:
- by credit card payment
- Cash or credit card cash on delivery.
- order confirmation
The offer (order) sent by the customer is immediately confirmed by confirmation e-mail, but no later than within 48 hours. This confirmation email is considered acceptance of the offer and simply indicates that the order requisition has been registered and forwarded to our authorized representative.
- The offer (order) sent by the customer is immediately confirmed by confirmation e-mail, but no later than within 48 hours. This confirmation email is considered acceptance of the offer and simply indicates that the order requisition has been registered and forwarded to our authorized representative.
- However, the service provider is not responsible for the correctness and reality of the content of the order completed by the customer and for the fact that the manufacturer or the dealer can fulfill the content of the order in accordance with the content of the order.
- For all damages and losses incurred by the Service Provider as a result of an order with untrue content, the Buyer shall be fully liable to the Service Provider for damages and losses, including contractual and non-contractual damages, moral damages and other damages incurred by the Service Provider. both financial and non-financial damage.
- In the event that a stock shortage occurs during or after the conclusion of an agreement between the parties for a specific product or service, the Service Provider will notify the Customer by e-mail indicating the expected next delivery date.
The Service Provider will send the Customer by email a repeated confirmation of the performance of the Products and Services purchased on the basis of the Order, indicating the expected delivery date.
- The customer can find out about the status of processing and execution of the order in the web shop. The customer can find out about the status of processing and execution of the order in the web shop.
- Delivery can be made after the service provider has sent a confirmation email (second email) after the order has been completed by the customer.
- Delivery can usually be made within 3-4 working days (Monday - Friday) after confirmation of the order completed by the customer through the service provider.
Taking into account that the procurement and delivery of certain products and services may require a longer period of time - depending on the manufacturer's and wholesaler's stock levels and options - this circumstance will be specified by the service provider for the specific product or service. However, it may happen that the service provider does not have any information in advance during these longer periods. In this case, the customer will be informed by email of the different delivery times.
- Mode of transport:
- Use of courier service (home delivery)
- When picking up at a UPS parcel point
The shipping costs are displayed to the customer via the payment interface of the web shop before the order is completed and paid for by the customer.
The uniform delivery fee is EUR 4.99 gross.
Shipping is free for gross purchases over EUR 60..
- Cash on delivery is only possible in the case of a courier service if cash on delivery is possible.
- Delivery is considered unsuccessful if the customer does not receive the product or service upon delivery and fails upon repeated delivery. In this case the order was considered cancelled.
- Upon arrival of the product at the place of delivery, the buyer is obliged to check the packaging of the product. If the victim is injured, it is recommended to make a report.
- Buyer's right of withdrawal
- The buyer has the right to withdraw within 14 (fourteen) days of receipt without giving any reason. The buyer's right of withdrawal for the product in the case of sales of several products, if each product is delivered at a different time, for the last product delivered and for products consisting of several lots or pieces, from the date of receipt of the last lot or piece delivered . The buyer can exercise the right of withdrawal between the date of conclusion of the contract and the date of receipt of the product. The customer can exercise his right of withdrawal within the period established by law, on the basis of a clear written statement addressed to the service provider. In the event of withdrawal by the buyer, this right is deemed to have been exercised within the deadline if the customer sends his statement before the expiry of the deadline available to him.
- In the event of withdrawal by the Customer, the Service Provider shall reimburse the total amount paid by the Customer, including the costs incurred in connection with the service, immediately, but no later than within 30 (thirty) days after becoming aware of the withdrawal.. If the Customer expressly If you choose another means of transport than the cheapest standard means of transport, the Service Provider is not obliged to reimburse the resulting additional costs.
In the event of withdrawal in accordance with the above provisions, the buyer is obliged to return the product without undue delay, but no later than within 14 (fourteen) days after notification of the sale. The return is considered completed on time if the consumer sends the product before the deadline.
The Service Provider may withhold the amount paid to the Customer until the Customer has returned the Product or proves beyond any reasonable doubt that it has been returned, whichever is the earlier of the two dates. The costs of the return are to be borne by the buyer.
- The service provider is entitled to claim compensation from the customer for depreciation resulting from a use beyond what is necessary to determine the nature, characteristics and operation of the product.
- The service provider expressly declares that the customer cannot exercise his right of withdrawal due to the legal provisions, including:
- in the case of a non-prefabricated product made at the consumer's direction or at my express request, or in the case of a product that is clearly tailored to the consumer;
- in the case of a sealed product that cannot be returned for health or hygiene reasons after opening after delivery.
The limitation or exclusion of the customer's right of withdrawal described above does not affect the customer's right to exercise the warranty right for the products purchased in the web shop, provided that the legal requirements are met.
- The buyer can exercise his right of withdrawal using the model statement attached to these GTC or on the basis of a clear statement in this regard. If the Customer wishes to exercise the right of withdrawal, the Service Provider will, upon written request from the Customer, send the Customer a sample declaration for this purpose, in which he fills in that the Customer can exercise the right of withdrawal.
The model withdrawal form provided on the basis of the statutory provisions on the contract rules between the consumer and the company is Appendix 2 of these GTC.
- 12.1 Warranty for Accessories
- The service provider offers continuous and appropriate information about the products that can be ordered and available in the web shop and their properties. The products must be suitable for the purposes for which other products of the same type are normally used, must be of the usual quality for products of the same type that the customer can expect and must have the characteristics described in the description of the service provider.
- The service provider expressly guarantees that the products available in the web shop are always original products.
- The service provider is liable for performance deficiencies (delivery guarantee). The service provider performs defective performance if at the time of delivery (performance) the product does not correspond to the characteristics stipulated in the law or in the contract, unless the defect is a consequence of deliveryIn the event of non-performance, the customer can object, his Objection can be communicated in writing to all contact details of the service provider as follows:
- The customer may primarily request repair or replacement as a warranty claim, unless it is impossible to carry out the repair or replacement or it would cause the service provider disproportionate additional costs compared to other warranty claims. Within 15 days of receipt of the repair or replacement request submitted as an objection, the service provider must fulfill the selected warranty claim without significantly affecting the interests accruing to the customer.
- If the Service Provider has failed to carry out the repair or replacement, or the Customer's interest in the repair or replacement has ceased within the above period or fails to fulfill its obligation, the Customer may, at its own discretion and at the Service Provider's expense, request a reasonable price reduction, repair or repair the product. or you can withdraw from the contractThere is no withdrawal room due to a minor error.
- The buyer can transfer the chosen warranty claim to another, but he is obliged to bear the costs caused by the switch to the service provider, unless the service provider has given a reason for the transfer or the transfer was otherwise justified.
- The buyer is obliged to report the defect as soon as it is supposed to be discovered. An error that is reported within two months after the error was discovered is deemed to have been reported immediately. The buyer is responsible for the damage resulting from the delay in communication.
- Unless proven otherwise, the defect identified by the Buyer shall be deemed to have existed within 6 (six) months after performance at the time of performance, unless this presumption is incompatible with the nature of the item or the nature of the defect . The buyer's warranty claim expires within 2 (two) years from the date of performance.
12.2 Product Warranty
In the case of movable property (products) sold to the Service Provider, the Customer may request that the Service Provider repair the defect in the Product or - if repair is not possible within a reasonable period of time, without prejudice to the Customer's interests - replace the Product. A product is defective if it does not meet the quality requirements when it was placed on the market by the manufacturer or if it does not have the properties specified by the manufacturer.
- The service provider is released from the product guarantee obligation if he proves this
- The product was not manufactured or marketed in the course of his business or self-employment;
- The product was not manufactured or marketed as part of his business or self-employment
The information provided on the basis of the legislation on the contract rules between the consumer and the company is Annex 1 of these GTC.
- handling of complaints
- The Customer can submit consumer complaints related to the Product or the activities of the Service Provider using the contact details below.
- Email: customer email@example.com
- The customer can send his complaint to the service provider in writing about the conduct, action or omission of the person acting in the company or on behalf of or for the benefit of the company, which is directly related to the distribution or sale of the goods to consumers. . The Service Provider is obliged to respond to the written complaint in writing within 30 days of receipt and, unless the directly applicable legal act of the European Union provides otherwise, to take action. A shorter period can be set by law, a longer period by law. The service provider is obliged to justify the position in which the complaint is rejected.
- If the complaint is rejected, the service provider is obliged to inform the customer which authority or arbitration board can initiate the procedure with his complaint depending on the nature. The information also includes the registered office, telephone and internet contact details and the postal address of the competent authority or switching agency of the buyer's domicile or domicile. The information also includes whether the service provider uses the mediation procedure to resolve the consumer dispute.
If disputes between the seller and the consumer are not resolved during the negotiations, the consumer has the following enforcement options:
- complaints Consumer Protection Authorities . If the buyer discovers a violation of consumer rights, he has the right to lodge a complaint with the consumer protection authority competent in his place of residence. After examining the complaint, the authority decides on the implementation of the consumer protection procedure.
- The buyer can file a consumer complaint. If the complaint is rejected, the buyer is also entitled to contact the arbitration board responsible for his place of residence or whereabouts. The agency is responsible for the out-of-court settlement of consumer disputes. The job of the mediation body is to try to reach an agreement between the parties to resolve the consumer dispute. Otherwise, it decides the matter to ensure easy, fast, efficient and cheap enforcement of consumer rights. At the request of the buyer or the service provider, the intermediary in connection with the rights or obligations of the consumer. A prerequisite for the initiation of the arbitration board procedure is that the customer tries directly to settle the dispute with the service provider concerned. At the request of the buyer, the mediation agency specified in the buyer's application is responsible for the procedure instead of the competent agency. The service provider is obliged to cooperate in the arbitration process. Within this framework, the service provider was obliged to send a response to the conciliation committee's request and the obligation to appear before the conciliation committee ("ensuring the personal attendance of the person authorized to reach an agreement at a hearing"), is recorded as an obligation.
- The European Commission has created a website where consumers (buyers) can register to resolve their online shopping disputes by filling out an application and avoid litigation. In this way, buyers can assert their rights without being prevented from doing so, for example by distance. If you want to make a complaint about a product or service you bought online and don't necessarily want to go to court, you can use the online dispute resolution tool. You can find the online dispute resolution platform here: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
- Other provisions
- The contract concluded between the customer and the service provider is not observed by the service provider.g.
- Contract language: German..
- Contracts that fall within the scope of these GTC are not considered written contracts, they are not registered by the service provider.
Any page of the site may be printed in one copy, or an extract downloaded, if this is necessary to place an order or to use the site as a source of information for a purchase.