General Terms and Conditions – BHV EUROSOFT Softwarehaus GmbH

Validity
The deliveries, services and offers from BHV EUROSOFT Softwarehaus GmbH are carried out exclusively on the basis of these terms and conditions; We do not recognize any customer conditions that conflict with or deviate from our terms and conditions unless we have expressly agreed to their validity. In this respect, actions on our part to fulfill the contract do not constitute consent to contractual conditions that deviate from our conditions. These terms and conditions also apply as a framework agreement for all other legal transactions between the contracting parties.
Conclusion of contract
Our range of offers is non-binding and subject to change. The customer’s order represents an offer to conclude a purchase contract. The confirmation we subsequently send of receipt of the order does not constitute acceptance of the offer. The purchase contract is only concluded when the goods are dispatched. In the case of a non-binding online reservation of items, the purchase contract is concluded in the store when the goods are purchased. Entrepreneurs are bound to their offer for 14 days. The customer is obliged to provide the information to be provided in the order form truthfully and completely. The customer must compensate for any damage resulting from incorrect information provided by the customer. Our company does not carry out all of the services it offers itself and therefore reserves the right to have orders carried out by qualified third parties.
Price
Unless otherwise expressly stated, all prices quoted by us in our end customer shop include sales tax and plus transport costs and apply at the time of the order. In the business customer area, all prices are exclusive. VAT and understand shipping costs. Our deliveries are billed in euros.
Terms of payment, default interest
Unless otherwise agreed, our claims must be paid in advance immediately or cash on delivery upon handover of the goods. Discount deductions require a separate agreement. In the event of late payment, even with partial payments, any discount agreements will also become invalid.
Cancellation instructions or right of cancellation for consumers within the meaning of the Consumer Protection Act
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

In order to exercise your right of withdrawal, you must inform us, BHV EUROSOFT Softwarehaus GmbH, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email).

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we will use the same payment method that you used for the original transaction, unless something different was expressly agreed with you. In no case will you be charged any fees for this repayment.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to our address stated above immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

If the customer withdraws from the contract in accordance with this provision, he or she must bear the costs of returning the goods to us.

If the item cannot be returned by post due to its nature, the return shipping costs cannot be calculated in advance. The return shipping costs for shipping deliveries are estimated at a maximum of 100 euros. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.

Voluntary return guarantee

If it is a consumer transaction, regardless of your statutory rights of withdrawal, all items delivered by us in normal household quantities can be returned to us up to 30 days after the invoice date, in complete, including complete and undamaged original packaging, unused and undamaged condition. This does not apply to opened or unsealed software products, blank discs, DVD films, opened consumables, items ordered especially for you or not stored directly with us, items manufactured or tailored to your personal needs and hygiene items. The refund will be made at the current price for processing the return, but no more than the sales price.

Warranty / Disclaimer
We guarantee consumers that the delivery items are free of errors in accordance with the current state of technology for a period of 24 months from receipt of the goods. Liability for normal wear and tear is excluded. A warranty period of 6 months applies to entrepreneurs and public institutions. Claims for recourse for resold goods are excluded.
Delivery, transport, delay in acceptance, transfer of risk, transport risk
Our sales prices do not include costs for delivery, assembly or installation. However, upon request, these services can be provided or organized by us for a separate payment. The costs actually incurred for transport or delivery will be invoiced, including an appropriate surcharge for management costs, but at least the freight and carriage wages applicable or usual on the day of delivery for the selected mode of transport. Assembly work is calculated based on the time required, with a standard man-hour rate being agreed in the industry.

Transport risk

If it is not a consumer transaction, the transport risk is transferred to the customer when the goods are handed over to the transport company. In this case, we are particularly not liable for transport damage or loss of the goods.

When shipping the goods, the risk of loss or damage to the goods only passes to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer and other than the carrier. However, if the consumer has concluded the transport contract himself without using one of the options we have suggested, the risk is transferred to the carrier when the goods are handed over.

Delivery time
We are only obliged to carry out the service once the customer has fulfilled all of his obligations required for the execution, in particular all technical and contractual details, preparatory work and preparatory measures. We deliver available items within five working days of the customer’s fulfillment.
Delivery method
Parcel deliveries from BHV EUROSOFT Softwarehaus GmbH are handled by Austrian Post. The customer can freely choose the shipping method depending on availability.
Place of fulfillment
If it is not a consumer transaction, the place of performance is the headquarters of our company.
Minor performance changes
If it is not a consumer transaction, minor or other changes to our service or delivery obligation that are reasonable for our customers are deemed approved in advance. This applies in particular to deviations caused by the matter.
Damages
If it is not a consumer transaction, all claims for damages in cases of slight negligence are excluded. This does not apply to personal injuries. Unless it is a consumer transaction, the injured party must prove the existence of slight or gross negligence.

If it is not a consumer transaction, the limitation period for claims for damages is three years from the transfer of risk. The provisions regarding damages contained in these terms and conditions or otherwise agreed also apply if the claim for damages is asserted in addition to or instead of a warranty claim. Unless otherwise expressly agreed, further claims by the buyer, regardless of the legal basis, are excluded.

We are therefore not liable for damage that did not arise directly from the delivery item; In particular, we are not liable for lost profits or other financial losses to the buyer. We are not liable for the restoration of data unless we caused the loss intentionally or through gross negligence and the buyer has ensured that data has been backed up so that the data can be reconstructed with reasonable effort.

Product liability
Claims for recourse within the meaning of Section 12 of the Product Liability Act are excluded unless the person entitled to recourse proves that the error was caused in our sphere and was at least due to gross negligence.
Retention of title and its assertion
All goods are delivered by us subject to retention of title and remain our property until full payment has been made. Asserting the retention of title only constitutes withdrawal from the contract if this is expressly declared. If it is not a consumer transaction, we are entitled to charge any transport and handling costs incurred when taking back goods. If third parties access the reserved goods – in particular through seizure – the customer undertakes to point out our ownership and to notify us immediately. If the customer is a consumer or not an entrepreneur whose regular business operations include trading in the goods purchased from us, he may not dispose of the reserved goods, in particular not sell, pawn, give them away or lend them, until the outstanding purchase price claim has been paid in full.

Entrepreneurs may dispose of, sell and further process the reserved goods in their normal business operations. This right expires if the entrepreneur does not do everything that is necessary to settle our claims or if the entrepreneur does not fulfill his other obligations. The customer bears the full risk for the reserved goods, in particular for the risk of destruction, loss or deterioration. If the payment is canceled via a credit card chargeback, the goods remain our property.

Assignments of claims
In the case of delivery under retention of title, the customer assigns to us his claims against third parties, insofar as these arise from the sale or processing of our goods, until our claims have been finally paid. Upon request, the customer must name his customers and inform them of the assignment in a timely manner. The assignment is in the business books, especially in the open items? Enter the list and make it visible to the customer on delivery notes, invoices, etc. If the customer is in arrears with his payments to us, the sales proceeds received by him must be separated and the customer only holds these in our name. Any claims against an insurer have already been assigned to us within the limits of Section 15 of the Insurance Contract Act. As long as the buyer meets his payment obligations to us, he may collect outstanding debts on his behalf. This agreement expires if the buyer stops making payments, there is a bill protest, an unsuccessful execution is carried out on the buyer or the buyer becomes insolvent. From this point onwards, payments must be transferred to a special account. The purchase price must not be mixed with the buyer’s assets, but must be kept separately and in our name.

Claims against us may not be assigned without our express consent.

Retention
If it is not a consumer transaction, the customer is not entitled to withhold the entire, but only an appropriate portion of the gross invoice amount if the complaint is justified, except in cases of reversal.

Choice of law, place of jurisdiction
Italian law applies.

Severability clause
If individual provisions of these General Terms and Conditions are ineffective, the remaining provisions remain in effect.