General Terms and Conditions BORA Online Shop

These General Terms and Conditions of BORA Retail GmbH, Innstraße 1, 6342 Niederndorf, Austria (BORA) apply to all orders placed via the online store available at www.bora.com.

 

1. general information
   • Only customers who are at least 18 years old may place orders. Orders are only permitted in quantities customary in the household. By placing an order, you declare that the purchase of BORA products is not related to a commercial activity. You are not permitted to resell BORA products commercially.
     
     
   • We do not accept any different contractual terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
     
     
2. online shop

• Customer account

If you do not already have a customer account, you must first create one before placing an order in the online store. You can then use your account for all your orders in the future.

 

• Conclusion of contract and correction of data entry errors

2.2.1    For orders in the online store, the payment methods purchase on account (Klarna) and credit card (Visa and Mastercard) are available to you.

2.2.2    The presentation of our products and services does not constitute a legally binding offer, but an offer to place an order. By clicking on the button "add to shopping cart", you can add individual products to the virtual shopping cart without making an offer to purchase. The entries can be checked and changed at any time. Before submitting your order, you can add further products to the shopping cart or remove them again. Only by clicking the button "Pay now" you place a binding order for the goods listed on the order page.

2.2.3    An order confirmation will be sent to you by e-mail. This confirmation e-mail constitutes the acceptance of your order. If you have selected the payment methods credit card, the purchase contract is already concluded at the time of your confirmation of the payment instruction to the payment service provider.

2.2.4    Contract language is German. You can view your past orders in your customer account. You can view, download, save and print the GTC at any time on our website.

3. subscription

In case of convenience goods, we offer you the possibility of subscription. The subscription is offered with different delivery frequencies (9, 12, 15 or 18 months between deliveries). The subscription options available in the online store may change. The subscription can be changed or cancelled at any time with effect to the next delivery. Changes and/or cancellations can be made in the settings of their customer account or by sending an e-mail to shop@bora.com. Billing takes place in each case per delivery interval via the selected means of payment.

4. right of withdrawal

You have the right to withdraw from the contract without giving any reason according to the following specifications.

The withdrawal period is fourteen days from the day

• on which you or a third party named by you, who is not the transporting party, have taken or has taken possession of the goods (in the case of a purchase contract); or
• the day on which you or a third party named by you, who is not the transporter, have taken possession of the last goods (in the case of a contract for several goods that are delivered separately).

To execute your right of withdrawal, you must inform us of your decision to withdraw from the concluded contract by written declaration. You can send this to us by letter or e-mail to BORA Retail GmbH, Innstraße 1, 6342 Niederndorf, Austria, shop@bora.com. You can find the sample withdrawal form here.

To comply with the withdrawal period, it is sufficient that you send the notification of the use of the right of withdrawal before the expiry of the deadline.

Consequences of withdrawal

If you withdraw from this contract, we must return payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the standard delivery offered by us). The period for repayment of fourteen days begins on the day on which the notification of your withdrawal from the contract is received by us. However, the repayment will be made at the earliest when we have received the goods back or when you have provided us with proof that you have returned the goods, whichever is earlier. For this repayment, we will use the same method of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the withdrawal from the contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods. We will collect floor-standing and built-in appliances from you at our expense.

You must pay for any loss in value of the goods if this loss in value is due to handling by you that is not reasonably necessary for testing the quality, characteristics and functioning of the goods.

5. prices and shipping costs

The prices listed include the statutory sales tax and are exclusive of any shipping costs. The shipping costs are shown separately during the ordering process.

6. compensation and retention of title

You are not entitled to balance against our claims unless your counterclaims have been legally established or are undisputed. You shall also not be entitled to offset against our claims if you assert notices of defects or counterclaims arising from the same purchase contract.

The products remain the property of BORA Retail GmbH until the purchase price has been fully paid.

7. delivery period

The respective delivery period will be indicated to you during the order process.

If, in exceptional cases, an item is not in stock after ordering, we will inform you immediately and give you an expected new delivery date or suggest the delivery of a comparable product. If the delivery date does not suit you or you do not want the delivery of a comparable product, the purchase will be canceled, and we will refund any payments already made.

8. warranty

You are entitled to the statutory warranty rights for defects.

9. online dispute resolution platform; information on alternative dispute resolution in consumer matters
   
   
   • The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr/

 

• This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase contracts involving a consumer.

 

• We are not willing or obliged to participate in a dispute resolution procedure in front of a consumer arbitration board.

 

10. Amendment of the GTC

We are entitled to change these GTC at any time. In case of changes that are not minor and may affect you, you will be notified by e-mail. If you do not agree with the changes to the GTC, you may submit an objection within thirty (30) calendar days of notification of the changes. If we do not receive such an objection, you will be deemed to have agreed to the changes. The latest version of the GTC will always be available in our online store.

11. choice of law and place of jurisdiction

The law of Austria shall be applicable excluding the UN Convention on the International Sale of Goods (CISG). If you are a consumer and have your habitual residence in another country at the time of the conclusion of the contract, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

For business people and legal entities under public law, the exclusive place of jurisdiction for all legal disputes arising from the contractual relationship shall be Innsbruck. However, we are also entitled to file a lawsuit at the court of the customer's domicile.

In the case of consumers, the court responsible for the consumer's place of residence shall have jurisdiction.