Terms and Conditions

1. Scope

All offers available in our online shop www.borrag.com and all contracts concluded via this online shop are subject exclusively to these General Terms and Conditions in the version valid at the time of ordering. Deviating general conditions (GTC, etc.) of the customer do not apply unless we have agreed to their validity in writing.

Special regulations for consumers or entrepreneurs are indicated and highlighted directly in the text.

2. Contracting Party

When shopping at www.borrag.com, the customer enters into a contract with:

hereinafter referred to as "BORRAG" or "We".

"Customer" is BORRAG's contracting party.

Contracting parties of BORRAG for whom the transaction is not part of their business operations are consumers within the meaning of the Consumer Protection Act; hereinafter referred to as "Consumer".

Contracting parties of BORRAG for whom the transaction is part of their business operations are entrepreneurs. Legal entities under public law are also considered entrepreneurs. Both are hereinafter referred to as "Entrepreneur".

3. Offer and Conclusion of Contract

3.1. All offers in our online shop are non-binding.

3.2. By clicking the "Order with obligation to pay" button, you submit a binding offer to conclude a purchase contract with us. We are not obliged to accept this offer. Subject to the statutory right of withdrawal for consumers (see point 9), you are bound by your offer for fourteen working days.

3.3. We will confirm receipt of your offer by an automatically generated email to the address you provided ("Order Confirmation"). This email does not constitute acceptance of your offer. Please check the order data in the order confirmation. If you find an error or change your mind about the order, please let us know as soon as possible.

3.4. We may accept your offer by confirming the purchase in a further email ("Shipping Confirmation") or by sending you the purchased goods.

3.5. For goods for which no price is yet shown, you cannot submit an offer. It is possible to request a quote from us. We will submit an offer or contact you within a reasonable time.

4. Delivery Conditions and Delivery Times

4.1. We currently only deliver to customers in Austria and Germany.

4.2. The delivery times stated in the online shop on the "Shipping Information" page apply. These are approximate figures. If there are different delivery times for a specific product, these are stated directly on the product page.

4.3. We are entitled to execute the order in partial deliveries without a corresponding request from the customer. In this case, we bear all additional shipping costs incurred. Orders weighing more than 31 kg must be shipped in partial deliveries; the shipping costs stated at the time of ordering apply.

4.4. If we are prevented from meeting delivery deadlines due to force majeure (e.g., strikes, natural disasters) or other circumstances beyond our control, we will inform you as soon as possible. The delivery period will be extended by the duration of these events.

4.5. The customer is not entitled to claim compensation for a delivery delay that is not attributable to BORRAG. Entrepreneurs have no claim for damages due to a delivery delay caused by BORRAG's slight or gross negligence.

4.6. The price risk and the risk of accidental loss pass to entrepreneurs upon handover to the forwarding agent, carrier, postal service or other third party entrusted with the shipment. The goods are delivered ex works.

5. Prices, Shipping Costs, Payment Terms

5.1. The prices listed in our online shop are in EUR and include all taxes but not shipping costs. Shipping costs can be found on the "Shipping Information" page. The amounts shown at the time of ordering apply. We will inform you again about the prices, taxes and shipping costs in the order summary before completing the order.

5.2. The prices listed do not include any costs for assembly or installation.

5.3. The payment methods accepted in our online shop are listed on the "Payment Methods" page. There you will find all details about the associated payment conditions and any fees.

5.4. Unless we agree otherwise with you, the invoice amount is due for payment immediately. In case of default, we are entitled to claim default interest of 12% per year. The statutory default interest of 4% applies to consumers.

5.5. In the event of default in payment, the entrepreneur undertakes to reimburse the company for the reminder and collection costs incurred, insofar as they are necessary for appropriate legal action. In the case of business transactions, this includes in any case a lump sum of EUR 40.00 as compensation for collection costs in accordance with § 458 UGB. The assertion of further rights and claims remains unaffected.

6. Default of Acceptance

6.1. If the customer has not accepted the goods as agreed (default of acceptance), BORRAG is entitled, after unsuccessful setting of a grace period, either to store the goods at its premises, for which BORRAG may charge a storage fee of 0.1% of the gross invoice amount per calendar day commenced, or to store them at the customer's expense and risk with an authorized tradesman. At the same time, BORRAG is entitled either to insist on performance of the contract or to withdraw from the contract after setting a reasonable grace period of at least 2 weeks and to otherwise dispose of the goods.

6.2. If the goods can no longer be disposed of due to perishability, individual specifications or market conditions, the customer is liable to BORRAG for the damage caused by non-performance.

6.3. For consumers, point 6 applies subject to the regulations on statutory withdrawal.

7. Retention of Title

7.1. All goods delivered by us remain the property of BORRAG until full payment of the remuneration. The assertion of the retention of title only constitutes a withdrawal from the contract if this is expressly declared.

7.2. In the case of return of goods, BORRAG is entitled to charge transport and handling costs incurred. Handling costs do not apply to consumers in the case of returns within the scope of the statutory right of withdrawal.

7.3. In the event of third-party access to the reserved goods - in particular through seizures - the customer undertakes to point out BORRAG's ownership rights and to notify us immediately.

7.4. Until the outstanding purchase price claims for the reserved goods have been fully settled, consumers may not dispose of these, in particular not sell, pledge, give away or lend them.

7.5. The customer bears the full risk for the reserved goods, in particular for the risk of loss, destruction or deterioration.

8. Right of Retention

In the case of justified complaints, entrepreneurs are entitled to retain not the entire amount, but only an appropriate part of the gross invoice amount - except in cases of rescission.

9. Right of Withdrawal

You have the right to withdraw from your contractual declaration or an already concluded contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

If you have ordered goods as part of a single order and these goods are delivered separately, the withdrawal period begins on the day on which you or a third party named by you who is not the carrier took possession of the last goods.

If we have not fulfilled our duty to inform you about the existence of the right of withdrawal (conditions, deadlines and procedure for exercising this right), the withdrawal period is extended by twelve months. If we provide the information within twelve months of taking possession of the goods, or in the case of separate delivery of the last goods, the withdrawal period ends 14 days after the date on which you received this information.

To exercise your right of withdrawal, you must inform us:

by means of a clear declaration (e.g., a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the model withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw your contractual declaration or an already concluded contract, we will reimburse you for all payments 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 cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract.

For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract at the address given above. The deadline is met if you send the goods before the expiry of the fourteen-day period. You bear the direct costs of returning the goods. The costs are estimated at a maximum of approximately EUR 10.00 - 38.00, depending on weight.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, properties and functionality of the goods.

No right of withdrawal for:

• Goods made to customer specifications or clearly tailored to personal needs
• Goods that can spoil quickly or whose expiration date would be quickly exceeded
• Goods delivered sealed that are not suitable for return for health or hygiene reasons if their seal has been removed after delivery

10. Right of Withdrawal by BORRAG

10.1. In the event of default of acceptance or other important reasons, such as default in payment by the customer, BORRAG is entitled to withdraw from the contract if it has not yet been fully performed by both parties. In the event of withdrawal, BORRAG has the choice, in the event of the customer's fault, to demand a lump-sum compensation of 15% of the gross invoice amount or compensation for the damage actually incurred. In the event of default in payment by the customer, BORRAG is released from all further performance and delivery obligations and is entitled to withhold outstanding deliveries or services and to demand advance payments or security deposits or to withdraw from the contract after setting a reasonable grace period.

10.2. BORRAG may only withdraw from the contract with consumers for objectively justified reasons. In addition to the reasons mentioned in point 10.1, an objectively justified reason is in particular the impossibility of delivery of the purchased goods, provided that this is not merely a short-term delivery delay.

10.3. Entrepreneurs have no claim to compensation for damages due to BORRAG's withdrawal from the contract.

10.4. If the customer withdraws from the contract without being entitled to do so or requests its cancellation, BORRAG has the choice of insisting on performance of the contract or agreeing to the cancellation of the contract; in the latter case, the customer is obliged to pay, at BORRAG's choice, a lump-sum compensation of 15% of the gross invoice amount or the damage actually incurred.

11. Warranty and Liability

11.1. The warranty is governed by the statutory rules.

11.2. If the contractual partner is a consumer, we are only liable for damages that we or our vicarious agents have caused you intentionally or through gross negligence. All claims for damages are excluded in cases of slight negligence. This does not apply to liability for personal injury and claims under the Product Liability Act, as well as - for consumers - for damage to items accepted for processing.

11.3. If the contractual partner is an entrepreneur, we are only liable for damages that we or our vicarious agents have caused you intentionally or through gross negligence. This does not apply to liability for personal injury and claims under the Product Liability Act. The entrepreneur must prove the existence of slight or gross negligence. The provisions on damages contained in these GTC or otherwise agreed also apply if the claim for damages is asserted alongside or instead of a warranty claim. Entrepreneurs must assert claims for damages against BORRAG within three months, otherwise they become time-barred.

11.4. Entrepreneurs waive the right to contest the contract due to error or frustration of purpose.

11.5. We assume no liability for damage in the course of non-intended use of the goods or for damage due to the risk that typically materializes when using the goods.

12. Final Provisions

12.1. Place of performance is the registered office of our company.

12.2. Every contract concluded in our online shop is subject exclusively to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of law rules of private international law. For consumers, mandatory provisions of the consumer's state remain unaffected by the choice of law (the mandatory consumer protection provisions of the consumer's state apply).

12.3. The contract language is German.

12.4. The contract text is not saved. We recommend that you archive our order confirmation and the attached GTC.

12.5. Exclusive place of jurisdiction is the court with subject-matter jurisdiction in the district of the Scheibbs District Court. For lawsuits by and against consumers, § 14 of the Austrian Consumer Protection Act and Art. 18(1) of the Brussels Ia Regulation apply.

Online Dispute Resolution

The EU Commission provides a platform for out-of-court dispute resolution: https://ec.europa.eu/consumers/odr