General Terms and Conditions and Customer Information
Operator: B.J. ELO e.U
Registered Office: Hauptplatz 14, 7471 Rechnitz, AUSTRIA
Registration Number: 38375613
Tax Number: 38599/8224
Table of Contents:
Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Terms
Retention of Title
Warranty
Liability
Redemption of Promotional Vouchers
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution
Right to Amend Terms
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and Balazs J. Elo e.U. (hereinafter "Seller") regarding the goods displayed in the Seller's online store. The application of the Customer's own terms is excluded unless expressly agreed.
1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or self-employed professional activity.
1.3 An entrepreneur is any natural or legal person or a legal partnership who acts in the course of their commercial or self-employed professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The product descriptions in the online store do not constitute binding offers from the Seller but serve as an invitation for the Customer to submit a binding offer.
2.2 The Customer may submit an offer via the order form integrated into the Seller's online store. By finalizing the order, the Customer submits a binding offer for the goods in the cart. Offers may also be submitted via email.
2.3 The Seller may accept the offer within five days by:
sending a written or electronic order confirmation,
delivering the ordered goods,
requesting payment.
The contract is concluded upon the earliest occurrence of these events. If the Seller does not respond within five days, the offer is deemed rejected.
2.4 The contract text is stored by the Seller and sent to the Customer in writing after the order. Registered Customers can view their order data via their account.
2.5 The Customer can check and correct their data before submitting the order. The browser's zoom function may help detect input errors.
2.6 The available contract languages are indicated in the online store.
2.7 Order processing and communication usually occur via email. The Customer must ensure the correctness and accessibility of their email address.
3) Right of Withdrawal
3.1 Consumers generally have a statutory right of withdrawal.
3.2 Detailed withdrawal terms are provided in the Seller's withdrawal policy.
4) Prices and Payment Terms
4.1 Prices include VAT unless stated otherwise. Shipping costs are listed separately.
4.2 Available payment methods are indicated in the online store.
4.3 In the case of advance payment by bank transfer, payment is due immediately unless otherwise agreed.
5) Delivery and Shipping Terms
5.1 Delivery is made to the address specified by the Customer within the delivery area indicated by the Seller.
5.2 If delivery fails due to reasons attributable to the Customer, the Customer bears the additional costs. This does not affect the right of withdrawal.
5.3 For entrepreneurs, the risk of accidental loss transfers to the Customer upon delivery to the carrier. For consumers, it transfers upon receipt, unless the carrier was not chosen by the Seller.
5.4 The Seller reserves the right to withdraw from the contract in the event of improper self-supply by suppliers. The Customer will be informed, and payments refunded.
5.5 Personal collection is not possible due to logistics.
6) Retention of Title
Goods remain the property of the Seller until full payment is received.
7) Warranty
7.1 Deviating from statutory provisions, the following applies to contracts with entrepreneurs:
The Seller chooses the type of supplementary performance.
The warranty period for new goods is one year.
Warranty is excluded for used goods.
A replacement does not extend the warranty period.
7.2 Exceptions to these limitations include:
Customer’s claims for damages,
Fraudulent concealment of defects,
Goods used in buildings causing defects,
Obligations to update digital products.
7.3 Entrepreneurs’ statutory rights of recourse remain unaffected.
7.4 Consumers are kindly asked to report visible transport damage to the delivery service. Failure to do so does not affect legal rights.
8) Liability
8.1 The Seller is fully liable:
for intent or gross negligence,
for injury to life, body, or health,
under a given guarantee,
under mandatory legal liability (e.g., product liability law).
8.2 For slight negligence of essential obligations, liability is limited to foreseeable damages.
8.3 Any further liability is excluded.
8.4 These rules also apply to the Seller’s legal representatives and agents.
9) Redemption of Promotional Vouchers
9.1 Vouchers issued for free during promotional campaigns are redeemable only within the specified period and not for sale.
9.2 Only consumers may redeem promotional vouchers.
9.3 Certain products may be excluded.
9.4 Vouchers must be applied before completing the order.
9.5 Only one promotional voucher per order is allowed.
9.6 The cart value must at least equal the voucher value. Any balance is not refunded.
9.7 If the voucher is not sufficient, other payment methods must be used.
9.8 Vouchers are not paid out in cash or interest.
9.9 Vouchers are not refunded if goods are returned.
9.10 Vouchers are transferable unless the Seller has reason to believe misuse.
10) Applicable Law
All contractual relationships are governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice applies only if it does not deprive them of mandatory protections of their habitual residence.
11) Place of Jurisdiction
If the Customer is a business entity based in Austria, the exclusive jurisdiction lies with the Seller's registered office. The same applies to foreign entrepreneurs if the contract is related to their business activity. The Seller may also bring claims at the Customer's place of business.
12) Alternative Dispute Resolution
The Seller is not obliged but willing to participate in consumer dispute resolution procedures.
13) Right to Amend Terms
The Seller reserves the right to unilaterally amend these GTCs at any time. Customers will be notified by email prior to the changes. Acceptance of the new terms will be required upon login after changes take effect.
