General Terms and Conditions (GTC) of Van Beren e. U.
1. Field of application:
The following GTC apply in regard to all orders placed via our online shop.
Any differently worded GTC must have the express written confirmation of Heike Beren-Spazierer in order to be valid.
The GTC which are valid on the date of the respective order apply.
2. Contract partner, conclusion of contract:
The purchase agreement is concluded with
(hereinafter “Van Beren”)
In the event of queries, suggestions or complaints, please contact customer services (for details see section 8).
The contract is concluded in German. Austrian law applies, to the exclusion of CISG.
Offers made by Van Beren are non-binding.
Via the Online Shop you are invited to submit a binding offer (an “order”) to conclude a purchase agreement. Sending an order or placing an order by telephone does not mean that a contract has been concluded. You will receive confirmation of receipt of your order by email, whether you place your order via the Online Shop or by telephone (order confirmation). This order confirmation does not constitute acceptance of your order, but merely informs you that the order has been received by Van Beren.
The contract with Van Beren is concluded when Van Beren accepts your offer. For customers who have provided an email address as a means of communication, the declaration of acceptance is made by Van Beren confirming to the customer by email that the goods have been dispatched. For customers who have not provided any email address, acceptance of the contract is effected by delivery of the goods to the customer.
If your order is sent in more than one package, you may receive a separate confirmation of dispatch for each package. In such cases a separate purchase agreement is concluded, in reference to each confirmation of dispatch, concerning the products referred to in the respective confirmation of dispatch.
We do not offer any products for purchase by persons of minority age. Our products can only be purchased in our Online Shop by customers who are legally competent adults. Orders via the Webshop are accepted only from customers who are legally competent.
Van Beren offers goods on the Internet. In the Van Beren Online Shop you can order articles which are marked as “available online” in the product description for the article.
The individual product descriptions are to be found on our Internet site. You can place the articles in your basket and send your order later. Consequently, a final check as to whether an article is available does not take place until you trigger a binding order from your basket in the Van Beren Online Shop by clicking on the “buy now” button. Please note that the availability of the articles can also change during the ordering process.
Orders sent by post, fax or email cannot be accepted.
The prices as shown on our Internet site on the date of the binding order apply. All prices are stated in EURO and include value added tax at the statutory rate. Shipping costs are added to these prices (for further details see section 5). Van Beren reserves the right to correct obvious errors at any time.
If an order fails because of an input error by the customer, the entire order will be automatically cancelled. If a new order is placed, any offer price originally accorded at the time of the failed order can no longer be guaranteed. The minimum order value is 10 Euros excl. shipping costs.
It should be noted that for all articles orders can only be placed in normal household quantities.
Goods are delivered to the address as stated by you. Any change of address is to be communicated to us on your own initiative.
Van Beren assumes that our contracting partner will not change as a result of the delivery address being different from the invoice address. We will therefore ensure the fulfilment of our duties (particularly in regard to any duties of information) in reference to the invoice address as stated.
Goods can be delivered only within the Republic of Austria and to the following countries:
Germany, Belgium, Luxemburg, the Netherlands, Poland, the Czech Republic, Slovakia, Switzerland, Liechtenstein, Andorra, the UK (and the Isle of Man), Italy, San Marino, Sweden, Slovenia, Spain, Hungary, the Vatican City, Denmark and France.
5. Shipping terms, shipping costs:
All orders are shipped by Van Beren. Unfortunately, it is not possible for customers to collect goods themselves. Van Beren does not deliver to pack stations.
Shipping costs are payable in addition to the stated product prices.
Shipping costs can be adjusted from time to time, and may depend on the products ordered and the payment method used. Shipping costs will be communicated to the customer separately before the submission of a binding order. If articles with different delivery times are ordered, the items in question will be shipped together.
Depending on availability, goods are normally shipped 1 to 3 weeks following receipt of order by Van Beren, if Van Beren accepts the offer. If the goods are not available immediately, Van Beren will in any event observe the 30-day period for shipping as stated in § 7a of the Austrian Consumer Protection Act [KSchG], or inform you that the offer is not accepted by Van Beren.
6. Transport damage / obvious defects / transfer of the risk:
The goods are to be examined immediately, by you or by a person authorised by you to receive the goods, for any transport damage or other defects. If delivered articles have obvious material defects or manufacturing defects (transport damage being included in such defects), please report any such defects immediately to us or to the package service or haulage company employee who delivers the article. However, if no such report is made, this does not affect your statutory rights.
In the case of business customers, the risk of accidental destruction or accidental deterioration of the goods is transferred (in the case of sales shipment) upon handover of the goods to a suitable transport person. In the case of customers who are consumers, the risk of accidental destruction or accidental deterioration of the goods is transferred upon handover of the purchased item to the customer. If the customer is in default of acceptance, this is equivalent to handover.
All prices stated in the Van Beren Webshop are final prices in Euros, inclusive of value added tax at the applicable statutory rate.
The purchase price is due for payment without deduction.
The following payment methods are available in the Van Beren Webshop. Van Beren reserves the right to exclude certain payment methods in individual cases:
7.1 Credit card:
Your credit card will be charged when we accept your order.
If you choose to pay by credit card, no costs will arise in addition to the purchase price.
If you are paying the invoice amount via the online payment services provider PayPal, you must be registered with PayPal or you must first register yourself, confirm your identity with your access data, and confirm the instruction to make payment to us. You will be given further instructions during the ordering process. If you choose to pay by PayPal, no costs will arise in addition to the purchase price.
After you have entered your country and your bank sort code, you can log in with your online banking access data. All important purchase data are taken automatically from the shopping cart. You then only have to confirm the payment by entering the TAN. Please note that with a small number of banks Sofortüberweisung is not available.
If you choose to pay by Sofortüberweisung, no costs will arise in addition to the purchase price.
Conditions for the use of discount codes or promotional codes: a discount code or promotional code is individual and is intended for use on one occasion only. Discount codes and promotional codes cannot be combined with other valid discount codes or promotional codes. Unless otherwise specified, the codes are not valid during sales or other discount campaigns, or in combination with articles that have already been reduced.
The delivered product remains the property of Van Beren until full payment has been made (reservation of title).
8. Customer services:
In the event of queries please contact our helpdesk at email@example.com.
9. Warranty and liability:
The statutory warranty rights apply.
In accordance with the statutory provisions, Van Beren is liable for malicious intent and gross negligence, and also in cases of breach of essential contractual duties where this puts the achievement of the contractual purpose at risk, or where the fulfilment of the duties in question is essential to the proper execution of the contract. Van Beren is liable (with compensation being limited to contractually typical damage which is foreseeable at the time of the conclusion of the contract) for damage which is based on any ordinary breach of such essential contractual duties by Van Beren itself or by one of its legal representatives or auxiliary agents. In the event of ordinary breach of non-essential subsidiary contractual duties, Van Beren is not liable. Liability for damage which falls under the scope of protection provided by a guarantee or assurance which has been issued by Van Beren, and liability for claims based on the Austrian Product Liability Act [Produkthaftungsgesetz] and for damage arising from injury to life, limb or health, are not affected.
10. Saving of the contractual text:
We will save the contractual text and will send you the order details and our GTC by email. You can inspect and download the GTC at any time on our website. You can view your previous orders in our customer log-in.
11. Right of cancellation:
You have the right to cancel this contract within fourteen days without having to state your reasons. The cancellation period is fourteen days from the day on which possession of the goods is taken by you or by a third party named by you (who is not the carrier). To exercise your right of cancellation, you must inform us (Heike Beren-Spazierer, August-Musger-Gasse 52, A-8010 Graz, firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post or an email) concerning your decision to cancel this contract. The order can also be cancelled by returning the unworn goods. You must therefore send the goods back immediately, and in any event not later than after 14 days have elapsed. The deadline has been observed if you send the goods before the expiry of the fourteen-day period. We can refuse to make any refund until we have received the returned goods or until you have provided proof that you have sent the goods back, whichever date is the earlier.
Consequences of cancellation: If you cancel this contract, we must pay back to you all payments which we have received from you, including the delivery costs (with the exception of the additional costs arising if you have chosen a different delivery method from the least expensive standard delivery as offered by us), immediately and not later than within fourteen days from the date on which the communication concerning the cancellation of this contract is received by us. For this repayment we will use the same payment method as was used by you in the context of the original transaction, unless expressly agreed otherwise with you; in any event, no fees will be charged to you by reason of this repayment.
We can refuse to make any refund until we have received the returned goods or until you have provided proof that you have sent the goods back, whichever date is the earlier.
You must send the goods back or hand them over to us (Heike Beren-Spazierer, August-Musger-Gasse 52, A-8010 Graz) immediately, and in any event within fourteen days from the date on which you inform us of the cancellation of this contract. The deadline has been observed if you send the goods before the expiry of the fourteen-day period. We will bear the costs of the return of the goods.
Sample cancellation form:
If you wish to cancel the contract, please complete this form and return it to us.
– I/We (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following services (*)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
– Goods ordered on (*) / Goods received on (*)_ _ _ _ _ _ _ _ _ _
– Name of consumer(s)_ _ _ _ _ _ _ _ _ _
– Address of consumer(s)_ _ _ _ _ _ _ _ _ _
– Signature of consumer(s) (paper communication only)_ _ _ _ _ _ _ _ _ _
– Date _ _ _ _ _ _ _ _ _ _
(*) Delete where not applicable.
12. Disclaimer / liability in regard to links:
On its website, Van Beren makes reference to other Internet sites by means of links. The following applies in regard to all links: Van Beren expressly states that it has no influence whatsoever on the design and content of the linked site. Consequently, we expressly distance ourselves from all content on any linked sites of third parties, and we do not appropriate such content as our own. This declaration applies in regard to all links provided and to all content of sites to which the links lead. If users become aware of any violations of the law on linked sites, Van Beren requests users of its Webshop for their assistance so that the link can be removed if necessary.
13. Image rights, copyright (including on Facebook):
All image rights rest with Van Beren or its partners. Any use of such rights is not permitted without the express consent of Van Beren.
The website is the property of Van Beren and is operated by Van Beren.
The entire content of the website, including text, graphics, photos, images, moving images, sounds, illustrations and software, is the property of Van Beren or its licensees and/or content providers. All elements of the website, including the general design and the content, are protected by copyright and other rights. Unless otherwise stated within the website, any reproduction, editing, translation, storage and processing of the content, and in particular the use of the image and text material on platforms (such as eBay, etc.), are not permitted.
Van Beren is a registered and protected trademark, whether or not it is identified as such by the symbol ®. The use of this trademark is prohibited to third parties.
14. Data protection, data security:
14.1 Personal data of the customer are only collected, processed and/or used if the customer has given his/her consent by the issuing of a binding order, or if this is required or permitted by the relevant legal regulations. The consent given by the customer can be revoked by the customer at any time with effect for the future.
14.2 The data provided by the customer when placing the order are transmitted in encrypted form and electronically stored (the encryption protocol used is: SSL 3.0, key exchange: RSA 1024 bit, encryption of useful data: AES-256 (256 bit)). The employees of Van Beren are placed under an obligation of data secrecy on a regular basis.
14.3 Data provided by the customer are not passed on to companies outside of the group without the customer’s express consent, which can be revoked at any time. An exception is made for the passing on of data by Van Beren to third parties which are tasked with the technical processing of the order or the execution of goods deliveries, to the extent that this is necessary for the execution of goods deliveries.
14.4 Whenever a file is requested in the Webshop, access data are stored. The data in question are used exclusively for statistical purposes, and are not passed on to third parties, even in extract form.
14.5 When files are requested on the website, data are stored on the customer’s computer in the form of “session-related” or “permanent” cookies. This makes the use of the website faster and easier for the customer. If the customer does not permit any cookies on his/her computer, user-friendliness can be restricted, although it is possible for customers to shop without permitted cookies. In order to be able to better adapt the Webshop to the customer’s requirements, pixel tags (transparent GIFs) are occasionally used.
14.6 On our website, data are collected and stored by means of a tracking tool, for marketing purposes and to improve our services. Usage profiles are created from the collected data, using a pseudonym. The tracking tool we use on our website is Google Analytics (see below).
14.7 We would like to keep you up to date with the products and services we offer. However, we naturally respect your privacy in this regard, and we will only send you our newsletter if you expressly wish us to do so.
14.8 On request we will send you (free of charge) information about your personal data and your pseudonym data that we store. If you would like us to do this, please send a message to email@example.com. We are also obliged, on request, to correct, block or delete the data we have stored concerning you. Your right to information free of charge, and to the correction, blocking and deleting of your stored data, is restricted solely to the extent that we are able to defer the solution in order to safeguard our claims.
15. Google Analytics:
On our website, data are collected and stored by means of a tracking tool, for marketing purposes and to improve our services. To do this, our website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so-called “cookies”, which are text files that are stored on your computer and make it possible to analyse your use of the website. The information generated by the cookie about your use of this website is usually sent by Google Analytics to a server of Google in the USA and stored there. However, within the Member States of the European Union and in other contracting states of the Agreement on the European Economic Area, your IP address is shortened (anonymised) by Google. We use Google Analytics with the extension “_anonymizeIp()”. By this means the IP addresses collected by Google Analytics are shortened. This measure is intended to prevent Google from matching up IP addresses with personal data. Only in exceptional cases will the full IP address be transmitted to a server of Google in the USA and shortened there. On the instruction of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activities, and to provide further services for the operator in connection with the use of the website and the use of the Internet. The IP address sent from your browser in the context of Google Analytics will not be combined with other data of Google.
Without your express consent, we will not use the tracking tools in order to surreptitiously:
– collect personal data about you;
– send such data to third party suppliers and marketing platforms;
– link the data with your personal data (name, address, etc.).
We use your email address to send you an email Newsletter, if you expressly consent to this. We will send you our Newsletter on a periodic basis. The Newsletter contains information about products, interesting items of news, etc. You can revoke your consent at any time by either unsubscribing from the Newsletter directly on our website or by clicking on the unsubscribe link, which you will find at the end of each Newsletter. For statistical purposes, we anonymously evaluate which links are clicked in the Newsletter. It is not possible to identify which specific person has clicked on any particular link. You issue your consent only to Van Beren. We do not pass your data on to third parties. On request we will inform you (free of charge) concerning your personal data which is stored by us. You have the right to demand the correction, blocking or deletion of data. Details on how your data are stored and used are set out in the present data protection information.
You can prevent the storage of cookies by altering the settings on your browser software; however, we would point out to you that in this case you may not be able to fully use all functions of this website. In addition you can prevent the recording of data generated by the cookie and relating to your use of the website (including your IP address) to Google, and the processing of such data by Google, by downloading and installing the available browser plug-in. This opt-out will apply until you delete the cookie.
You can prevent the storage of cookies by altering the settings on your browser software; however, we would point out to you that in this case you may not be able to fully use all functions of this website. In addition you can prevent the recording of data generated by the cookie and relating to your use of the website (including your IP address) to Google, and the processing of such data by Google, by downloading and installing the available browser plug-in; alternatively, to exclude web controlling by Webtrekk GmbH, a cookie by the name of webTrekkOptOut from the domain webtrekk.net is used. This opt-out will apply until you delete the cookie.
This website uses so-called “social plug-ins” (“plug-ins”) of the social network Facebook, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The plug-ins are identified by means of a Facebook logo or the words “social plug-in from Facebook”.
If you call up a page on our Internet site which contains such a plug-in, your browser will set up a direct connection with the servers of Facebook. The content of the plug-in is sent by Facebook directly to your browser and is integrated by your browser into the website.
As a result of the integration of the plug-ins, Facebook receives the information that your browser has called up the corresponding page on our Internet site, even if you do not have a Facebook account or are not logged into Facebook at the time. This information (including your IP address) is sent by your browser directly to a server of Facebook in the USA and stored there.
If you are logged into Facebook, your visit to our website can be directly allocated by Facebook to your Facebook account. If you interact with the plug-ins, for example by activating the “like” button, the corresponding information is also sent directly to a server of Facebook and stored there. The information is also published on Facebook and displayed to your Facebook friends.
Facebook can use this information for the purposes of advertising, market research and user-oriented design of Facebook pages. To this end Facebook creates usage, interests and relationships profiles, e.g. in order to evaluate your use of our website with a view to the advertisements that are displayed to you on Facebook, and to inform other Facebook users about your activities on our website, and to provide further services in connection with the use of Facebook.
If you do not want Facebook to allocate the data that have been collected via our Internet site to your Facebook account, you must log out of Facebook before you visit our website.
The purpose and scope of the data collection, the further processing and use of data by Facebook, and your rights in this regard and the setting options provided in order to protect your privacy, are set out in the data protection notice of Facebook.
Access to the fan site, and the use of the applications offered there, is at the user’s own risk. We do not accept any liability for negligent violations of duty unless these relate to essential contractual duties or assured characteristics, or claims under the Austrian Product Liability Act [Produkthaftungsgesetz] are affected. The same applies in regard to violations of duties by our auxiliary agents. The graphics and texts that are published on this website may contain technical or typographical errors. Van Beren reserves the right to make changes at any time. The downloading of programs and applications is at the user’s own risk.
This fan site also contains cross-references (links) to websites of other suppliers. When each link is first inserted, the third party site is checked for illegal content. Links to other fan sites and websites will cause you to leave the Van Beren fan site. The linked websites and fan sites are not under the control of Van Beren. Consequently, Van Beren cannot provide any guarantee in regard to the content of, and changes and updates to, such websites and fan sites. However, insofar as Van Beren is able to ascertain (or is made aware) that a website contains illegal content, the link will be checked immediately and if necessary removed.
18. Right of modification:
Van Beren reserves the right at any time to make changes to its websites, regulations and conditions, including the present General Terms and Conditions. The Contractual Conditions and General Terms and Conditions as applicable on the date of your order will apply to your order.
19. Place of jurisdiction, invalid clauses:
For contracts with business customers, the exclusive place of jurisdiction is A-8010 Graz.
In the event of the invalidity of individual provisions of this purchase agreement or these GTC, the remaining provisions continue to apply. The statutory regulations will apply in place of the invalid provision.