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GENERAL TERMS AND CONDITIONS (GTC)

of the BEXAMED AUSTRIA GmbH (at 01.05.2026)


§ 1 Scope and Conclusion of Contract

(1) These General Terms and Conditions apply to all business relationships between BEXAMED AUSTRIA GmbH (hereinafter "BEXAMED") and its customers.

(2) Customers may be consumers within the meaning of the Consumer Protection Act (KSchG) or entrepreneurs within the meaning of the Commercial Code (UGB).

(3) The presentation of products and services on websites, online shops, catalogues or other advertising materials does not constitute a legally binding offer, but rather an invitation to order.

(4) By submitting an order, the customer makes a binding offer to conclude a contract. The contract is only concluded through written order confirmation or delivery of the goods by BEXAMED.

(5) All offers are subject to change and non-binding, unless expressly agreed otherwise in writing.

(6) Discount promotions, vouchers, promotional codes and special offers cannot be combined unless expressly stated otherwise.

(7) The language of the contract is German.


§ 2 Delivery and Transfer of Risk

(1) Delivery is made to the delivery address specified by the customer.

(2) Delivery dates are non-binding unless expressly confirmed in writing as binding.

(3) In the case of entrepreneurs, the risk of accidental loss or deterioration of the goods passes to the customer upon handover to the transport company.

(4) In the case of consumers, the risk only passes to the consumer or a third party designated by them upon delivery of the goods.

(5) All prices are quoted in euros including statutory VAT, unless expressly stated otherwise, plus shipping costs. Shipping is generally uninsured unless stated otherwise.

(6) Entrepreneurs are obliged to inspect the goods immediately upon receipt and to report any visible defects in writing without delay. § 377 UGB remains unaffected.


§ 3 Warranty

(1) The statutory warranty provisions of Austria apply, unless otherwise stated below.

(2) No warranty exists for damages due to:

  • improper use or operation,
  • faulty assembly by third parties,
  • unauthorised modifications,
  • normal wear and tear,
  • failure to observe safety or maintenance instructions.

(3) Warranty periods:

  • Consumers:

    • New goods: 24 months
    • Used goods: 12 months

  • Entrepreneurs:

    • New goods: 12 months
    • Used goods: no warranty

(4) Claims for damages arising from injury to life, body or health remain unaffected.


§ 4 Liability

(1) BEXAMED is liable without limitation for damages due to:

  • intent or gross negligence,
  • injury to life, body or health,
  • mandatory statutory liability provisions.

(2) In the case of slight negligence, BEXAMED is only liable for breaches of essential contractual obligations and limited to the typically foreseeable damage.

(3) Liability for lost profits, indirect damages or consequential damages is excluded – as far as legally permissible.


§ 5 Payment Terms

(1) Invoices are payable within fourteen (14) days from the invoice date without deduction, unless otherwise agreed.

(2) BEXAMED reserves the right to exclude certain payment methods or to offer only advance payment.

(3) In the event of payment default, the statutory default interest rates according to Austrian law apply.

(4) The customer agrees to reimburse necessary and appropriate reminder and collection costs in accordance with the statutory provisions.


§ 6 Retention of Title

(1) The goods remain the property of BEXAMED until all claims have been paid in full.

(2) Entrepreneurs assign claims from a resale of the retained goods as security to BEXAMED.


§ 7 Right of Withdrawal for Consumers

(1) Consumers have the right to withdraw from the contract within fourteen (14) days without giving any reasons.

(2) The withdrawal period begins upon receipt of the goods.

(3) To exercise the right of withdrawal, a clear declaration by email or letter is sufficient.

(4) The costs of returning the goods are borne by the consumer, unless legally permissible.

(5) No right of withdrawal exists in particular for:

  • individually manufactured products,
  • personalised goods,
  • sealed hygiene products after the seal has been opened,
  • products that are not suitable for return for health protection reasons.


§ 8 Permanent Installations and Technical Services

(1) The customer is obliged to provide all site-related requirements in a timely manner, in particular:

  • static requirements,
  • power supply,
  • fire protection,
  • network infrastructure,
  • mounting options.

(2) Additional costs due to incorrect or incomplete information from the customer may be charged separately.

(3) After acceptance, BEXAMED is not liable for damages caused by improper use, lack of maintenance, or interference by third parties.


§ 9 Safety and Inspection Obligations

Legally required safety inspections, electrical checks, and other maintenance and control obligations are to be carried out by the customer unless otherwise agreed in writing.


§ 10 Maintenance and Service Services

Maintenance, support, and service services can be agreed separately. The scope and conditions are derived from the respective contract.


§ 11 Data Protection

(1) BEXAMED processes personal data exclusively within the framework of applicable data protection regulations, in particular the GDPR.

(2) Further information on data processing can be accessed in the privacy policy.


§ 12 Applicable Law and Jurisdiction

(1) Austrian law applies, excluding the UN Sales Law (CISG).

(2) For entrepreneurs, the exclusive jurisdiction is the registered office of BEXAMED AUSTRIA GmbH.

(3) For consumers, the statutory jurisdictions apply.


§ 13 Alternative Dispute Resolution

BEXAMED is not obliged and not willing to participate in dispute resolution procedures before a consumer arbitration board.


§ 14 Severability Clause

Should any provision of these General Terms and Conditions be or become wholly or partially ineffective, the validity of the remaining provisions shall remain unaffected.