Terms and Conditions
Last Updated: April 7, 2022
These Terms
(1) This website (the “Site”) and/or the services provided, including all associated mobile applications (collectively, the “Services”), as well as any offers and sales of products (“Products”) via the Site, are owned and operated by Conquest Business Systems GmbH (hereinafter also referred to as “we,” “us,” or “our”). These Terms and Conditions (“Terms”) set forth the conditions under which visitors or users (collectively, “users” or “you”) may access or use the Site and/or Services and purchase Products.
(2)
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site, using the Services, or purchasing Products. These Terms explain who we are, how we sell products to you, how you can cancel a purchase agreement, and what to do if something goes wrong.
(3) You represent that you are of legal age and have the legal authority, right, and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you must obtain permission from your parents or legal guardian to use the Services or purchase Products.
Purchase of Products
(1) The purchase of products is subject to the Terms in effect at the time of purchase.
(2) When you purchase a product: (i) you are responsible for reading the full item description before committing to the purchase, and (ii) placing an order on the Site (by completing the checkout process via the “Place Order” button or a similar button) may constitute a legally binding contract for the purchase of the respective product, unless otherwise provided in these Terms.
(3) You may select products from our catalog by clicking the corresponding button and add them to your shopping cart. Our prices are listed on the Site. We reserve the right to change prices at any time and to correct any unintentional pricing errors. These changes will not affect the price of products you have already purchased. During checkout, you will be shown a summary of all products in your cart, including key characteristics of each product, the total price, applicable VAT/sales tax, and any shipping costs.
On the checkout page, you will have the opportunity to review, modify, or correct the products and quantities, including fixing any input errors using the editing function, before submitting your binding order.
All indicated delivery times apply from the moment your payment is received.
By clicking the “Place Order” button, you submit a binding order for the listed products at the indicated price and shipping cost. To complete the order process, you must confirm your acceptance of these Terms by checking the corresponding box before clicking “Place Order.”
(4) After placing your order, you will receive an email confirmation listing your order details, which you can print or save. Please note that this is an automated confirmation indicating only that we have received your order. It does not represent an acceptance of your order.
(5) A legally binding agreement for the purchase of products is only formed once we send you an order acceptance by email or ship the products to you. We reserve the right to reject any order. This does not apply if you select a payment method (such as electronic transfer or real-time payments via PayPal, Giropay, or Paydirekt) where payment is initiated immediately upon order submission. In that case, the legally binding agreement is established when you complete the order by clicking the “Place Order” button, as described above.
(6) The purchase contract can be concluded in the [deutscher] language.
After the contract is concluded, the terms will be stored by us, and you will no longer have access to them.
Right of Withdrawal
If you purchase one or more products through the Site or Services that are delivered in a single shipment, the following right of withdrawal instructions apply:
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire 14 days from the day on which you, or a third party nominated by you who is not the carrier, takes physical possession of the goods.
To exercise your right of withdrawal, you must inform us at:
Name: [Bitte Vor- und Nachname angeben]
Address: [Bitte Anschrift angeben],
Phone Number: [Bitte Telefonnummer angeben],
Email Address: [Bitte E-Mail-Adresse angeben],
Order Number: [Bitte betreffende Bestellnummer angeben]
Item number(s) & quantity: [Bitte Artikelnummer & Stückzahl der zurückgeschickten Ware angeben]
You must inform us of your decision to withdraw from this contract by means of a clear and unambiguous statement (e.g., a letter sent by post or email). You may (but are not required to) use the attached withdrawal form for this purpose.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse you for all payments received from you—without undue delay and in any event no later than 14 days from the date on which we receive notice of your withdrawal.
This includes the cost of delivery (with the exception of any additional costs resulting from your choice of a different delivery method than the least expensive standard delivery offered by us). We will make the reimbursement using the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; in any case, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have provided proof that you have returned the goods, whichever is earlier.
Please return the goods to the following address:
Returns AUSTRIA:
Better3
Gewerbeschloss Haid
Haid 32
4870 Vöcklamarkt
Austria
E-Mail: office@betterhochdrei.com
Returns ITALY:
Better3
c/o Fercam
Marie Curie Straße 2
39100 Bozen
Italy
E-Mail: office@betterhochdrei.com
Without undue delay, and in any event no later than 14 days after receiving your notice of withdrawal.
The deadline is met if you send back the goods before the 14-day period has expired.
You are responsible for the direct cost of returning the goods.
Sie sind nur für Wertminderungen der Waren haftbar, wenn sie auf eine Behandlung zurückzuführen sind, die nicht erforderlich ist, um die Art, die Eigenschaften und die Funktionstüchtigkeit der Waren festzustellen.
To exercise your right of withdrawal, you may use the withdrawal form provided with these Terms (download it HERE). However, this is not mandatory.
Warranty for Products
We are liable in accordance with statutory warranty provisions for any quality defects and/or legal defects of the products you purchase from us.
Storage of Online Payment Information
You can save a preferred payment method for future use. In this case, we store these payment details in accordance with applicable industry standards, if available (e.g., PCI, DSS). You can identify your stored card by its last four digits.
Vouchers, Gift Cards, and Other Offers
From time to time, vouchers, gift cards, discounts, and other offers (“Offers”) are available for our products. Such offers are only valid for the period specified in the offer. Offers may not be transferred, modified, sold, exchanged, duplicated, or distributed without our express written permission.
Member Account
(1) To access and use certain areas and functions of our site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when registering your Member Account.
(2) If anyone other than yourself gains access to your Member Account and/or your settings, they can perform any actions available to you and, for example, make changes to your Member Account. We therefore strongly advise you to keep your Member Account login details secure. In such cases, it will be assumed that the actions were taken by you and on your behalf, and you alone will be responsible for any activities conducted under your Member Account – regardless of whether you explicitly authorized those actions or not – as well as for any damages, expenses, or losses that may result. You are liable for activities associated with your Member Account as described if you negligently allowed access to your Member Account by failing to take proper care in protecting your login details.
(3) You can create and access your Member Account via a designated website or through a third-party platform such as Facebook (the “Social Network Account”). When you log in using a third-party platform account, you hereby grant us access to certain information about you stored in your Social Network Account.
(4) We may permanently or temporarily suspend or restrict your access to your Member Account without any liability on our part to protect ourselves, our site, our services, or other users if you, for example, violate these Terms or applicable law or regulations in connection with your use of the site or your Member Account. This may be done without prior notice if the circumstances require immediate action; in such cases, we will inform you as soon as possible. Furthermore, we reserve the right to terminate your Member Account via email with a two-month notice period, for instance, if we discontinue our membership program. You may stop using the service at any time and request the deletion of your Member Account by contacting us.
Permissible Use
(1) Our services are provided to you for informational purposes and solely for private, non-commercial use. When using our services, you must comply with these Terms and all applicable laws.
(2) Unless expressly permitted by these Terms, it is not allowed to:
(i) use our services in an unlawful or fraudulent manner (including infringing on the rights of third parties) or for the purpose of collecting personal data or impersonating other users;
(ii) modify or use our notices regarding copyright, trademark, or other proprietary rights or interfere with the security features of our services;
(iii) use our services in any way to manipulate or falsify content or to undermine the integrity and accuracy of content, or to take actions to disrupt, damage, or interrupt parts of our services;
(iv) use our services to send, receive, upload/post, download, or otherwise transmit material that does not comply with our content standards;
(v) use our services to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material;
(vi) use our services to transmit or upload data that contains viruses, trojans, worms, time bombs, keyloggers, spyware, adware, or other harmful programs or similar computer codes intended to impair the operation of computer software or hardware;
(vii) use robots, spiders, other automatic devices, or manual procedures to monitor or copy our or other sites or the content contained in our services, or use network monitoring software to determine the architecture of our services or extract usage data from our services;
(viii) engage in behavior that restricts or prevents other users from using our services; or
(ix) use our services for commercial purposes or in connection with any commercial activity without our prior written consent.
You agree to fully cooperate with us in the investigation of any activity that is alleged or found to violate these Terms.
Intellectual Property Rights
(1) Our services and the associated content (and any derived works or improvements thereof), particularly with respect to all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, brand names, trade dress, as well as interactive features and all intellectual property rights therein (collectively, “our Intellectual Property Rights”) are either owned by us or licensed to us, and none of the provisions in these Terms grant you any rights related to our Intellectual Property Rights. Unless expressly provided herein or required by mandatory statutory provisions for the use of the services, you do not acquire any rights, claims, or interests in our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.
(2)
If the products include digital content such as music or videos, you are granted the rights as set forth on the site in relation to such content.
Disclaimer of Warranties for the Use of the Site and the Services
The services, our intellectual property rights, and all information, materials, and content made available in connection therewith and provided to users free of charge are provided “as is” without any warranty of merchantability or fitness for a particular purpose, or any other warranties, either express or implied (including warranties regarding the suitability for a particular purpose or with respect to the security, reliability, timeliness, accuracy, and performance of our services, among others) – except in cases of malicious non-disclosure of defects. We do not warrant that the free services will be available uninterrupted and error-free, or that they will meet your requirements. Access to the services and the site may be suspended or restricted due to repairs, maintenance, or updates. The warranty for products purchased from us as set out in the section “Warranty for Products” above remains unaffected.
Indemnification
You agree to defend, indemnify, and hold us harmless from and against all actual or alleged claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the website and the services in violation of these Terms, including, in particular, any use that violates the restrictions and requirements set forth in the section “Permissible Use,” unless such circumstances are not attributable to your fault.
Limitation of Liability
(1) We are liable only in cases of intent or gross negligence, in cases of negligent harm to life, body, or health, or in cases of slight negligence in the breach of a material contractual obligation, and only in the case of paid services or the sale of products. A “material contractual obligation” means an obligation whose fulfillment is a fundamental prerequisite for the proper implementation of the agreement and on which you normally rely and can reasonably rely. Our liability for slight negligence in the breach of a material contractual obligation is limited to the amount of a typical and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in cases where we have explicitly given a warranty remains unaffected.
(2) The foregoing provisions apply to our contractual liability (including liability for fruitless expenditures) and tort liability (including liability for wrongful acts), as well as liability arising from pre-contractual negotiations (culpa in contrahendo). They also apply in favor of our managing directors, senior executives, or other legal representatives, employees, and vicarious agents.
Amendment of the Terms and the Services; Discontinuation
We reserve the right to change these Terms from time to time at our sole discretion to reflect changes in the law, additional features we may introduce, or if we develop our business in other ways. Therefore, you should review these Terms regularly, and in any case during the payment process when you purchase products. The new Terms shall apply to any new order you place after the effective date of the new Terms. If the ongoing services you use are affected by changes to the Terms, we will take your legitimate interests into account in an appropriate manner. We will inform you of such changes in a timely manner in advance. The changes shall be deemed accepted by you if you do not object to these changes within two months of this notification. We will indicate this in our notification. If you object to the changes, we have a special right of termination – without further obligations to you – which will become effective on the date the changes take effect.
We may change the services, discontinue the provision of the services or one or more functions of the offered services, or restrict the services. We may permanently or temporarily terminate or suspend access to the services themselves – without providing reasons and without any further obligations – and, if possible under the given circumstances, notify you in advance and duly consider your legitimate interests in such measures.
Links to Third-Party Websites
The services may contain links through which you can leave the site. Unless otherwise stated, the linked pages are not under our control, and we are not responsible for the content of linked pages, for links contained on a linked page, or for changes and updates to such pages. We are not responsible for transmissions received from a linked website. Links to third-party websites are provided for informational purposes only. The fact that we have added links to other websites does not mean that we endorse their owners or their content.
Governing Law
(1) These Terms are subject to the laws of Austria (without regard to its conflict-of-law provisions) and shall be interpreted accordingly.
(2) The European Commission provides a platform for online dispute resolution (ODR), accessible at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to participate in alternative dispute resolution procedures with consumers.
Miscellaneous
(1) A waiver by either party regarding any breach or default under these Terms does not constitute a waiver of any prior or subsequent breaches or defaults.
(2) The headings used in these Terms are for convenience only and shall not have any legal significance.
(3) Unless explicitly stated otherwise, if any part of these Terms is deemed unlawful or unenforceable for any reason, it is agreed that such part shall be deleted, and the remaining Terms shall remain unaffected and fully enforceable.
(4) Without our prior written consent, you may not assign your agreement with us under these Terms, nor may you assign all or any part of your contractual rights or obligations.
(5) These Terms constitute the entire agreement and replace all previous written or oral agreements between you and us in connection with the services and the sale of products.
(6) The provisions of these Terms that, by their nature, are intended to survive termination by us, shall remain in effect, in particular with respect to provisions regarding indemnification, hold harmless, disclaimers, limitation of liability, and this “Miscellaneous” section.
Contact
To contact us, please send an email to:
Name: Conquest Business Systems GmbH
Address: Karl-Waldbrunnerplatz 1, 1210 Vienna, Austria
E-Mail: office@betterhochdrei.com