Terms & Conditions • Beaunited

General Terms & Conditions (GTC)

1. Validity of the Conditions

For all contracts for goods and the provision of services by BEAUNITED e.U. (hereinafter BEAUNITED) to consumers and entrepreneurs, the following General Terms and Conditions (GTC) apply from October 1st, 2021.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

These terms and conditions also apply to future transactions with entrepreneurs, without BEAUNITED having to refer to them again. Other conditions are not valid. BEAUNITED must expressly agree to any deviating, conflicting, earlier, restrictive or supplementary terms and conditions and regulations of the customer so that these become part of the contract in individual cases. In particular, actions taken by BEAUNITED to fulfill the contract do not constitute consent to any conditions that deviate from these GTC.

If there are several contracts concluded at different times, the version of the GTC that is valid at the time the customer submits the contract declaration and that has been published or posted by BEAUNITED becomes part of the contract.

A continuing obligation or other right to a new contract is not justified by several contracts with a specific customer without an express written agreement of a framework contract.

2. Contract Language

The content of the contract, all other information, customer service, data information and complaint handling are offered in German.

3. Contract Declarations

The presentation of the products in the online shop or in BEAUNITED branches is not an offer in the legal sense. A binding contract between BEAUNITED and the customer is generally concluded when the order confirmation is sent or when the invoice is fulfilled and sent. The customer’s offer is made by ordering the item in the online shop and becomes binding for him when the order process is completed.

All legal declarations relating to this contract and the related transactions must be in text form (electronic data transmission with a qualified signature, fax with a legally valid signature or written form) unless these GTC provide otherwise. Deviating from compliance with the formal requirements also requires the written form.

4. Scope of Services

The order confirmation from BEAUNITED is exclusively decisive for the scope of the services. Information on the object of performance in the online shop or catalog or offers are based on the information provided by the manufacturer. BEAUNITED is only liable for the correctness of this information in accordance with the regulations in these GTC and only if BEAUNITED was aware of any incorrect information at the time the contract was concluded and/or the information was not corrected or revoked before the contract was concluded. Partial deliveries are permitted.

All offers in the online shop www.beaunited.com are subject to change, non-binding and only available while stocks last.

5. Performance Time

Performance times are non-binding for BEAUNITED, unless the performance date is expressly declared as binding. An agreed service period begins upon receipt of the order confirmation, but not before the agreed down payment has been made. Any change to the order after the order has been confirmed results in the cancellation of any bindingly agreed deadlines, dates or contractual penalties. The performance time is met if the delivery item has left the warehouse by the time it expires or the customer has been informed that the delivery item is ready for dispatch.

Events of force majeure and operational disruptions, including strikes and lockouts as well as other events that make production or delivery more difficult, in particular difficulties in procuring materials, give BEAUNITED the right to extend the performance time according to the impairment by immediately notifying the customer or to withdraw from the contract . This also applies if such circumstances occur at suppliers. BEAUNITED is also not responsible for the circumstances mentioned if they occur during a delay that has already occurred.

In the event of a delay in performance, the customer is entitled to withdraw from the contract after a reasonable period of grace has expired. The period of grace must be set in writing and expressly designated as such. The exercise of the right of withdrawal must be announced immediately in writing. In the event that BEAUNITED withdraws from the contract, any down payment made by the customer will be refunded immediately. In addition to the right of withdrawal, the customer is only entitled to claims for damages if BEAUNITED is guilty of intent or gross negligence.

6. Order Process, Order Correction & Order Cancellation

In the online shop www.beaunited.com, customers have the option of selecting products and placing them in the shopping cart without obligation by clicking on the shopping cart button. The contents of the shopping cart can be viewed at any time by clicking on the [View shopping cart] or [Your purchase] button. The products can be removed from the shopping cart at any time by clicking the [Delete] button. After confirming the [Checkout] button, you have the option of entering data or registering. Customers who are already registered can log in with their email and password. New customers must provide their data, which is necessary for the purpose of concluding the contract (name, address, e-mail, telephone number). You can either create a new user or place a guest order. In the next step, the shipping address can be selected. You have the option of choosing the billing address, your own delivery address or picking it up yourself. The desired payment method is then selected. In the last step, the order can be summarized and checked again. By confirming the [Send & Pay] button, you will be prompted to enter your payment details or forwarded to the payment service provider, depending on the payment method selected. After that, the order is complete. The ordering process can be canceled at any time by closing the browser.

7. Prices & Shipping Costs

All prices are shown in Euro. The prices apply at the time of the order including statutory value added tax plus all expenses incurred with shipping. They are visible in the shopping cart before the contract is concluded and afterwards in a contract confirmation sent to the customer. Should export or import duties become due in the course of shipping, these are also at the expense of the customer. The packaging and shipping costs (including loading in the warehouse, customs duties, taxes and other additional costs) depend on the recipient country.

Germany & Austria

Net value of goods	B2B	B2C
€ 0,01 to € 50,00	€ 10,50	€ 5,00
€ 50,01 to € 150,00	€ 5,50	€ 0,00
from € 150,01	€ 0,00	€ 0,00

Cash On Delivery Fee Austria: € 4,95
Cash On Delivery Fee Germany: € 10,50

Belgium, Denmark, Finland, France, Great Britain (UK), Italy, Croatia, Liechtenstein, Luxembourg, Netherlands, Poland, Portugal, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary:

Net value of goods	B2B	B2C
€ 0,01 to € 50,00	€ 20,00	€ 10,00
€ 50,01 to € 150,00	€ 15,00	€ 10,00
from € 150,01	€ 10,00	free

Bulgaria, Cyprus, Estonia, Greece, Ireland, Latvia, Lithuania, Malta, Norway, Romania, Switzerland:

Net value of goods	B2B	B2C
€ 0,01 to € 150,00	€ 30,00	€ 20,00
from € 150,01	€ 30,00	free

All prices are net (excl. VAT). Click&Collect at our headquarters is free of charge. Online orders can only be shipped to the countries listed, in exceptional cases we also ship to other countries, please send an email to mail@beaunited.com.

Deliveries to Switzerland are processed with Österreichische Post AG as standard. The basic customs fee of CHF 11.50 / approx. €10.00 and the additional customs surcharge of 3% of the net value of the goods are not included in our invoice amount and will be charged separately on delivery. In order for the tax exemption to be booked correctly, we need proof of export from the recipient.

8. Shipping

Delivery usually takes place on the next working day, but within a maximum of 3-4 working days. All packages are sent by Österreichische Post AG and contractual partners or DPD. The transit times are usually 1-3 working days in Austria and 2-4 working days in Germany. The transit time may vary in other countries.

If not all items ordered can be delivered immediately, the items that can be delivered immediately will be delivered immediately after consultation with the customer and others will be delivered as soon as they are available.

Please note that our packages are shipped from Austria and therefore on Austrian public holidays our customer service is not available and our warehouse does not ship packages.

9. Terms of payment

Unless otherwise agreed, invoices from BEAUNITED are due for payment immediately upon receipt. Customers can choose from the following payment methods in the online shop:

Credit Card (Visa, MasterCard, American Express, JCB, Discover)

When paying by credit card in the online shop, the charge will be made on the same day. The following data must be provided: credit card company, card number, cardholder, expiry date and CVV code. Payment is made via the payment service provider Stripe Inc. The data is transmitted using SSL encryption and is therefore not visible to unauthorized persons. We grant an automatic discount of 2% for commercial customers.

Klarna / Sofortüberweisung

When paying with Klarna/Sofortüberweisung in the online shop, the invoice amount is immediately debited from the customer’s account. The following data must be provided: Bank, IBAN and BIC. Payment is processed by the payment service provider Stripe Inc.

EPS

Payment is processed by the payment service provider Stripe Inc.

giroPay

In order to be able to pay the invoice amount via giroPay, a bank account activated for online banking is required. The account will be debited immediately after placing the order. Payment is processed by the payment service provider Stripe Inc.

Bancontact

Customers with an account at a Belgian bank can pay with Bancontact. Payment is processed by the payment service provider Stripe Inc.

iDeal

Customers with an account at a Dutch bank can pay with iDEAL. Payment is processed by the payment service provider Stripe Inc.

Cash / Click & Collect

Cash payment when picking up the goods at the BEAUNITED headquarters (Schönbrunngasse 12, 8043 Graz) or in exceptional cases by appointment with customer advisors is possible. Card payment is possible upon collection. No discount is granted for cash payments.

The following payment methods are only available to commercial customers:

Direct Debit / SEPA

When paying by direct debit in the online shop, the amount will be debited from the customer’s account within 3 working days with an automatic discount of 2%. The following data must be provided: Bank, IBAN and BIC. Payment is processed by the payment service provider Stripe Inc. For commercial customers, payment by direct debit is also possible outside of the online shop, a mandate agreement with the signature and stamp of the bank is required and the agreed discount is granted.

Bank Transfer

With the payment method bank transfer (or on account), the invoice is payable within 7 working days with a discount of 2% or within 30 days net. In the online shop, transfers can be made with Klarna Pay Later without deducting a discount.

Cash On Delivery

When ordering cash on delivery, the invoice amount will be collected by the shipping service provider upon delivery. Payment by cash on delivery is only possible for commercial customers from Austria and Germany. In addition to the shipping costs, a cash on delivery fee applies (see prices & shipping costs).

Payment in advance

When paying in advance, the invoice is payable within 7 working days with a discount of 2% or within 30 days net. The delivery takes place only after receipt of payment. Payment in advance is not possible in the online shop.

10. Default of payment, dunning & collection fees

In transactions with entrepreneurs, interest of 12% p.a. is owed in the event of late payment. Any further claims remain unaffected. The statutory default interest between consumers and entrepreneurs is 4%.

In the event of default, the contractual partner undertakes to reimburse the reminder and collection fees to which we are entitled, even if payment is not at fault, insofar as they are necessary for appropriate legal prosecution and reasonable in relation to the claim, whereby he undertakes a special obligation in the event of involvement a debt collection agency to reimburse us for the costs incurred as a result, insofar as these do not exceed the maximum rates of remuneration due to the debt collection agency.

In the event of a delay in payment, BEAUNITED is entitled to only carry out outstanding deliveries and services against advance payment or security or to withdraw from the contract. In addition, all outstanding claims are due for payment immediately. The same applies if, after conclusion of the contract, circumstances become known that significantly reduce the customer’s creditworthiness, in particular if the customer’s assets are subject to foreclosure or insolvency proceedings are opened against the customer’s assets. A set-off of own claims with claims of BEAUNITED is excluded (ban on set-off), unless these have been recognized in writing by BEAUNITED or have been determined by a court.

Incoming payments will be offset against the oldest outstanding claim. If an order is placed by several people together, they are all jointly and severally liable for the outstanding claim.

11. Retention Of Title

The goods delivered by BEAUNITED remain the property of BEAUNITED until all claims from the respective delivery have been paid in full.

The following also applies to entrepreneurs: BEAUNITED retains ownership of the goods until all claims from an ongoing business relationship have been settled in full. The reserved goods may be resold in the ordinary course of business; All claims arising from this resale must be assigned to BEAUNITED in advance in the amount of the invoice amount, regardless of whether the reserved goods are combined or mixed with a new item. The customer remains authorized to collect the claims, but BEAUNITED may also collect claims itself if the payment obligations are not met.

During the existence of the retention of title, the customer is obliged to handle the goods with care. The customer must inform BEAUNITED immediately of access by third parties to the goods, in particular enforcement measures, damage or destruction of the goods. If the customer is at fault for violations of these obligations, all damages and costs must be compensated.

12. Withdrawal

For entrepreneurs, the revocation is completely excluded. Consumers according to KSchG have a fourteen-day right of withdrawal without giving reasons. The cancellation period applies from the day on which the customer or a third party named by him who is not the carrier took possession of the last goods or partial shipment.

In order to exercise the right of withdrawal, the customer must inform BEAUNITED of the decision to withdraw from this contract by means of a clear written declaration by post (Schönbrunngasse 12, 8043 Graz) or email (mail@beaunited.com). The provided model cancellation form can be used for this.

To meet the cancellation deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.

Consequences of withdrawal

If the customer revokes this contract, BEAUNITE has to pay all payments received, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which written notification of the cancellation of this contract was received. The same means of payment that was used in the original transaction will be used for the repayment, unless something else has been expressly agreed with the customer; under no circumstances will fees be charged for this repayment. BEAUNITED may refuse repayment until the goods have been returned or until proof has been provided that the goods have been returned, whichever is earlier.

The customer must return or hand over the goods immediately and in any case no later than fourteen days from the day on which BEAUNITED was informed of the cancellation of this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The customer bears the direct costs of returning the goods. The customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The right of withdrawal does not apply to the following contracts:

Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Contracts for the supply of goods that can spoil quickly or whose use-by date would quickly expire.
Contracts for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.

Download Sample Withdrawal Form

13. Supplementary Performance

Deviations from information or agreements regarding quality and quantity of up to +/-10% do not represent a defect or the lack of guaranteed properties of the object of performance that entitles the customer to withdraw from the contract or to claim damages. In the case of the delivery of an insignificant small quantity in this sense, the customer’s payment obligation is reduced proportionately, in the case of an insignificant additional quantity, it increases accordingly. Electrotechnical material is considered to be in accordance with the contract if it complies with the regulations of the Association of German Electrical Engineers (this also applies to deliveries to EU countries). In the event of a defect, BEAUNITED shall choose to remedy the defect by remedying the defect or by subsequent delivery. If the supplementary performance ultimately fails or if two attempts at supplementary performance are unsuccessful, the customer can reduce the contractual remuneration accordingly with regard to the defective part of the object of performance and/or withdraw from the contract in this respect. The right to withdraw from the entire contract only comes into consideration if defects in the object of performance significantly impair the overall performance of the usual or contractually required purpose or are otherwise of no interest to the customer. The customer must grant the time and opportunity required for supplementary performance. If he refuses to do so, BEAUNITED will be released from the obligation to provide supplementary performance. A guarantee is only given for supplementary performance in the same way as for the original object of performance. If the customer is in arrears with due payment obligations, BEAUNITED is entitled to refuse supplementary performance up to the amount of the defect-free part of the service object that corresponds to the part of the outstanding claim.

14. Exclusion of Exchange & Cancellation

If customers wish to return goods to BEAUNITED, customer service should be contacted in advance by telephone (+43 316 321800) or email (mail@beaunited.com). If necessary, a return slip from the shipping service provider will be sent by e-mail. If possible, goods should be returned in the original packaging, a reason for the return should be given and the return slip should be used. This procedure is not mandatory, but it simplifies the processing of the return.

Goods that are not returned with a return slip must have sufficient postage. Unfree returns will not be accepted and will therefore be returned to the sender. If the complaint is demonstrably the fault of BEAUNITED, the shipping costs will be reimbursed.

15. Limitations of Liability

The liability is limited to the statutory period of 24 months from the acceptance of the goods by the buyer or, in the case of services, from the conclusion of the service. In the case of justified complaints about defects, either a free replacement or improvement will be made, for which a reasonable period of time must be granted. If an exchange or an improvement is out of the question (not possible, too much effort, unreasonable, delay, etc.), then the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (rescission).

Any defects that occur must be reported upon delivery or after they become visible, whereby failure to report them upon delivery or after they become visible has no effect on the consumer’s warranty claims. In the case of commercial purchases, entrepreneurs must examine the goods no later than 2 weeks after receipt and report any defects immediately if they are found. BEAUNITED is only liable for damage caused by intent and gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence, unless it is a consumer transaction, has to be proven by the injured party. Compensation for (defect) consequential damage, as well as other property damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded.

The guarantee is to be claimed from the guarantor (the manufacturer) and is carried out in accordance with their regulations. Any warranty conditions are specified in the contract confirmation. Claiming the guarantee does not restrict the statutory guarantee.

When shipping goods in consumer transactions, the risk of loss or damage to the goods only passes to the consumer when the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer has concluded the contract of carriage himself without using a proposed option, the risk passes to the carrier as soon as the goods are handed over.

16. Privacy Policy

The data is processed in accordance with applicable data protection regulations, including the EU General Data Protection Regulation (GDPR).

Storage of access and personal data

Our website can generally be visited without providing any personal information. Personal data is collected when shopping, subscribing to the newsletter or for certain functions on our website.

Each access to our website and each retrieval of a file stored on this website are logged. The storage serves internal system-related and statistical purposes. The following are logged: name of the retrieved file, date, time of retrieval, amount of data transferred, notification of successful retrieval, web browser, requesting domain, IP address of the requesting computer and search terms.

We process and store all personal data that is sent to us in writing as part of e-mail inquiries (e.g. name, address, e-mail address, telephone number, etc.) in order to make the desired contact and to further maintain customer relationships. Further personal data is only recorded if the information is provided voluntarily, e.g. as part of an inquiry or registration or to conclude a contract or via the browser settings. If we pass on data to external service providers, technical and organizational measures are taken to ensure that the data is passed on in accordance with the statutory provisions on data protection.

Within the framework of input forms, company name, UID number, name, address, e-mail address, telephone number and date of birth are collected in order to establish contact, release the dealer area, register for seminars and to further maintain customer relationships. After agreeing to the newsletter, we evaluate the recipient-related content of the newsletter that is particularly interesting in order to optimize our offer. As part of an individual profiling, the opening of certain content or the click behavior in the newsletter is recorded and evaluated. Consent to receive the newsletter can be revoked at any time. The link to the unsubscribe page is in every newsletter. All data collected will be stored by us until written request for deletion.

Data transfer for the fulfillment of the contract

In order to fulfill the contract, we pass on the customer’s data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods ordered. Depending on which payment service provider was selected in the ordering process, we pass on the payment data collected for this purpose (e.g. credit card number, IBAN and BIC) to the credit institution commissioned with the payment and any payment service provider commissioned by us to process payments. In some cases, the selected payment service providers also collect this data themselves, insofar as there is a customer account there. This data is stored until the warranty period expires.

Use of cookies

In order to make visiting our website attractive and to enable the use of certain functions, we use cookies on various pages. These are small text files that help determine user-specific settings and implement special user functions. We do not collect any personally identifiable information through cookies.

Access data is saved every time a file is requested in the shop. The stored data is used exclusively for statistical purposes. A transfer to third parties is excluded.

The following cookies are used on our website and stored for 2 years after setting/updating:

The following cookies are deleted from your hard drive after you close your browser (session cookies):

_gat: Used by Google Analytics to limit the request rate.
_gid: Registers a unique ID that is used to generate statistical data on how the visitor uses the website.

If cookies are not accepted, the functionality of our website may be restricted. In order to use our shopping cart, cookies must be enabled. Alternatively, it is possible to order by telephone, e-mail or fax.

Use of Google Analytics for web analysis

We use Google Analytics, a web analytics service provided by Google Inc. Google Analytics uses methods that enable analysis of website use. The information generated about the use of this website is usually transmitted to a Google server in the USA and stored there. By activating IP anonymization on this website, the IP address is shortened before transmission within the member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. The anonymized IP address transmitted by the customer’s browser as part of Google Analytics is not merged with other Google data.

Data Safety

The contract data is encrypted using SSL methods over the Internet. We secure our website and other systems through technical and organizational measures against loss, destruction, access, modification or distribution of data by unauthorized persons.

Right to information and contact options

Customers have the option to request information about stored personal data at any time, the origin of the data, the recipient and the purpose of storing this data. In addition, customers have the right to have their data corrected, blocked or deleted in accordance with the statutory provisions.

Right Of Appeal

Customers have the right to lodge a complaint with a supervisory authority. For Austria, this is the Austrian Data Protection Authority, Barichgasse 40-42, 1030 Wien, phone: +43 1 52 152-0, Telefon: +43 1 52 152-0, E-Mail: dsb@dsb.gv.at, Web: www.dsb.gv.at.

18. Alternative Dispute Resolution

BEAUNITED undertakes to participate in the arbitration procedure of the Internet ombudsman in the event of a dispute: www.ombudsstelle.at

The OS platform can also be used to settle disputes with BEAUNITED: http://ec.europa.eu/consumers/odr

You can contact us in writing via mail@beaunited.com.

18. Severability Clause

Should individual provisions in these terms and conditions be or become invalid or legally ineffective, this shall not affect the validity of the other provisions. Inappropriate regulations are to be maintained with that part salary that can be separated as an independent component from the inappropriate overall regulation. An invalid or ineffective provision will be replaced by a provision that comes as close as possible to its economic purpose. The same procedure should be followed if gaps are found.

19. Jurisdication

The contractual partners agree on the application of Austrian law. If the consumer has his domicile or habitual residence in Germany or if he is employed in Germany, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located can be justified for an action against him; this does not apply to legal disputes that have already arisen. The UN sales law and all provisions that refer to the UN sales law are expressly excluded.

For contracts with companies, BEAUNITED’s registered office is the place of performance and is agreed as the place of jurisdiction.

20. Partner Program

Entrepreneurs have the opportunity to participate in an affiliate program. Depending on the turnover of the goods & services purchased from BEAUNITED, there are different levels with different advantages for the partner. In order to be able to take advantage of these benefits, BEAUNITED sets minimum requirements for the presentation of goods, further training, marketing, etc. The benefits and minimum requirements can change annually and can be seen in a separate partner program folder. A written agreement between the partner and BEAUNITED confirms participation in the partner program. Participation can be terminated by either party at any time and without giving reasons.

21. Affiliate System

Entrepreneurs participating in the affiliate program are entitled to use the BEAUNITED affiliate system. The partner receives their own voucher code, which can be distributed to customers (consumers). By entering the code when ordering in the BEAUNITED online shop, the customer is assigned to the respective partner. The resulting sales are visible to the partner in the dealer area. At the end of the year or the billing period, the sales of the customers assigned to him are credited to the partner as a goods credit, less shipping and packaging costs.

The publication of the voucher code on the internet, in print media or on mass mailings is not permitted and BEAUNITED reserves the right to deactivate the code in the event of unauthorized distribution.

21. Copyright & Onlineshops

All messages, graphics and the design of the website www.beaunited.com are intended solely for the personal information of customers and are protected by copyright.

If the commercial customer intends to resell via the Internet, he must inform BEAUNITED of this, notifying the relevant Internet portal. This obligation to provide information also applies if the customer advertises with the name and the products of BEAUNITED on the internet.

23. Contract Storage

The text of the contract is saved by BEAUNITED and can be requested by customers after the order process has been completed. The order data can be printed out immediately after sending. Either the “Order overview” page or the “Confirmation of receipt” mail can be used for this.

24. Miscellaneous

Claims for recourse within the meaning of the Product Liability Act are excluded unless the person entitled to recourse proves that the fault was caused by BEAUNITED and was at least the result of gross negligence.