General Terms and Conditions
Valid as of March 2017
1. Application of the general terms and conditions
Subject to individual agreements and arrangements, these general terms and conditions (hereinafter called “T&C”) shall exclusively apply for any purchase contract concluded via the online shop www.big-power.at between Big Power GmbH and customers who are end-users.
An end-user is any natural person who closes a legal transaction with a purpose which can be as-signed neither to their commercial nor their self-employed professional activity.
2. Acceptance of T&C
By placing an order, the customer accepts the T&C and agrees with them.
3. Protective clause
Contradictory terms and conditions or contract conditions used by the customer shall be refused, unless they are expressively accepted.
4. Conclusion of contract
1. Big Power GmbH website www.big-power.at
The presentation of products on the website or in the online shop of Big Power GmbH does not constitute any offer in the legal sense. It is merely an invitation to the customer to place a corresponding order with Big Power GmbH. By placing an order, the customer makes such a legal purchase offer. The receipt of order will be confirmed by an automated e-mail. This order receipt confirmation, however, does not represent an acceptance of the purchase offer. After receiving the customer’s order, Big Power GmbH shall review the same and notify the customer within 5 working days if the order has been accepted (order confirmation). With this order confirmation, the purchase contract is concluded.
2. Order process
Using the product range overview of the online shop www.big-power.at, the customer can select their desired goods by clicking on the “Add to cart” button. During the customer’s visit to www.big-power.at, the selected goods will be temporarily stored in the shopping cart. By clicking on the “Go to checkout” button next to the goods listed in the shopping cart, the order process is continued. On the following page, the customer will be asked to log into their already existing account, or otherwise to create a new account. Then, the customer selects their desired delivery address and payment method, and enters the details required to complete the payment. When using external payment services such as PayPal, the customer shall be transferred to the external website of the respective payment service provider. The details relevant for the order will be stated in an “order summary”. In this order summary, the customer has the chance to review their details and, if necessary, to correct them before submitting the order to Big Power GmbH by clicking on the “Place order” button. By clicking on the “Place order” button, the customer makes a binding purchase offer regarding the goods selected by them. The purchase offer can only be placed and submitted after the customer has accepted the contract conditions by clicking on the “Accept T&C” button, thereby including these in their offer.
3. Order confirmation
After receiving the order, Big Power GmbH sends an automated notification e-mail to the e-mail address provided by the customer confirming the receipt of the order and its content (hereinafter called “order receipt confirmation”), which the customer can print out using the “Print” option. The order receipt confirmation is merely a notification that the order has been received by Big Power GmbH and is not an acceptance of the customer’s purchase offer by Big Power GmbH. The contract shall only be concluded upon Big Power GmbH sending the order confirmation in a separate e-mail.
5. Storing of the contractual text
The contractual text, i.e. the customer details used during the order process (including the T&C), will be stored by Big Power GmbH and can be accessed by the customer using the link “My account” / “My orders” for review and printout. Notwithstanding, Big Power GmbH will send the contractual text including the T&C to the e-mail address provided by the customer.
6. Right of withdrawal
If the customer is an end-user, they can return the purchased goods within 14 days without giving a reason by sending the goods back.
1. Withdrawal policy
The following withdrawal policy applies to contracts for goods which can be sent as parcels by post or courier.
2. Right of withdrawal for goods which can be sent as parcels
As an end-user, the customer has the right to withdraw from the respective purchase contract within 14 days without giving a reason. The withdrawal period begins on the day the customer or a third party appointed by the customer who is not the carrier accepts the goods.
For this purpose, the customer may use the withdrawal form template which can be downloaded from the Big Power GmbH website. However, the use of the withdrawal form is not a requirement. To comply with the withdrawal period, it is sufficient that the customer sends notification of the execution of the withdrawal right or the goods back to the following address before the termination of the withdrawal period:
Big Power GmbH
3. Consequences of withdrawal
If the customer withdraws from the purchase contract, Big Power GmbH shall refund any payments received from the customer including delivery costs (except for additional costs arising from the customer selecting a type of delivery other than the cheapest standard delivery provided by Big Power GmbH) immediately and at the latest 14 days after having received the returned goods. For the refund, Big Power GmbH shall use the same payment method used by the customer for the original transaction, unless otherwise agreed with the customer; in no case shall the customer pay a fee due to this refund.
The customer bears the direct costs for the return of the affected goods and ensures that the same are packed according to the original packaging.
4. The right of withdrawal for end-users is excluded for the following purchases:
- 1. purchase of goods that are not prefabricated and for whose production an individual selec-tion or provision by the end-user is required or that have clearly been customised to the personal needs of the end-user;
- 2. purchase of goods that are liable to deteriorate or expire rapidly;
- 3.purchase of goods that have been opened or used after delivery and therefore cannot be returned due to health protection or hygiene reasons;
- 4. purchase of goods that, due to their nature, have been inseparably mixed with other goods after delivery;
- 5. purchase of alcoholic beverages for which a price had been agreed at the time of the con-tract conclusion but which can be delivered at the earliest after 30 days from contract con-clusion, and whose current value depends on market fluctuations on which the contractor has no influence.
Click here to download the withdrawal form template.
- 1. All prices are stated as retail prices including packaging costs as well as the statutory sales tax (value added tax).
- 2. Pricing errors are reserved expressly. If the correct price is higher, we shall contact the customer; the contract shall only be concluded if the customer wishes to buy the product for the actual price. If the correct price is lower, this price shall be charged.
8. Delivery costs
- 1. The stated retail prices do not include delivery costs. You will receive more detailed information about delivery costs when placing the respective order.
The delivery costs include the appropriate sales tax.
- 2. For cash on delivery, a supplementary fee shall be paid. This fee is not charged by us but must be paid directly to the deliverer.
9. Delivery conditions
- 1. Unless otherwise agreed, delivery is made to the customer’s given delivery address. We also de-liver to parcel collection stations.
- 2. The estimated delivery time will be shown directly in the shopping cart. For cash in advance, the delivery period starts from receipt of the payment by Big Power GmbH.
- 3. In the event that the goods have been damaged during transport, the customer shall immediately report the damage event and claim damages against the transport company. Failure to file a com-plaint or make contact has no consequences for the customer’s legal warranty rights. However, doing so helps Big Power GmbH to assert their own rights with regard to the carrier or transport insurance.
- 4. Big Power GmbH is not liable for delivery problems on the part of suppliers or manufacturers. In the event that the delivery or compliance with the agreed delivery time become impossible due to reasons for which Big Power GmbH is not liable, Big Power GmbH is entitled to completely or par-tially withdraw from the contract. Big Power GmbH will immediately give notice to the customer. Claims for damages are excluded in this case. Before beginning with the order process, the customer will be informed about any existing delivery restrictions.
10. Due date and retention of title
- 1. The purchase price is due at the latest when the goods are delivered.
- 2. Until payment is made in full, delivered goods remain property of Big Power GmbH.
11. Payment conditions
- 1. Big Power GmbH accepts the following payment methods: cash in advance, credit card (Visa, MasterCard) and Sofortüberweisung.
- 2. If paying in advance, the customer shall transfer the invoice amount within 7 days from contract conclusion to the account of Big Power GmbH (bank details provided in the order receipt confirma-tion and legal notice). The goods are dispatched once the payment has been received.
- 3. When paying with credit card, your credit card will be charged immediately after completing the order, even if we do not have the goods in stock and can only dispatch them after a few days.
- 4. Sofortüberweisung – The purchase price will be charged by direct debit from your account after completing the order.
- 5. Statutory default provisions apply. Dunning costs may be claimed.
- 1. Unless otherwise agreed, the general statutory provisions shall apply.
- 2. Warranty is excluded in the case of defects caused by the customer. This applies in particular for improper handling or incorrect operation.
- 3. If delivered articles show evident material defects, production errors or transport damages, the customer must inform Big Power GmbH immediately.
Big Power GmbH is only liable for compensation of damages (direct or indirect damages) towards the customer in case of intent or gross negligence. In case of minor negligence, Big Power GmbH is only liable towards the customer for damages arising from injury to life, body or health as well as damages arising from the breach of a significant contractual duty (i.e. a duty whose fulfilment is essential for the due and proper implementation of the contract and on whose fulfilment the contract partner may reasonably rely on).
In case of Big Power GmbH being liable, compensation is limited to the foreseeable damages typically appearing upon conclusion of the contract, up to the value of the affected delivery; this does not include personal injuries.
14. Right of retention
The customer may only exercise a right of retention if their counterclaim is based on the same pur-chase contract.
15. Data protection
16. Changes to the general terms and conditions / Right of modification
Big Power GmbH is entitled to unilaterally modify these general terms and conditions to the extent to which it is required for the erasure of subsequently emerging disturbances of equivalence or for the alignment with modified legal or technical framework conditions. Big Power GmbH will inform the customer of such changes by sending the content of the modified regulations to the customer’s last known e-mail address. The change becomes part of the contract if the customer does not object in written or text form to the change being incorporated into the contractual relationship within 6 weeks of receipt of the change notice.
17. Contract language
The language available for the contract conclusion is German.
18. Contract law
Austrian legislation shall exclusively apply to all contracts between Big Power GmbH and the cus-tomer to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and the rules on conflict of law to the extent that the choice of law does not infringe any compulsory laws of the country where the end-user has their habitual residence. The place of juris-diction shall be the relevant court at the seat of Big Power GmbH or, in the case of end-users, the relevant court pursuant to the applicable consumer regulations.
19. Special arrangement for non-end-users
If the customer is not an end-user, the right of withdrawal shall not apply. Furthermore, liability regarding indirect damages is restricted to the extent that it is excluded in its entirety. For this kind of customer, an exclusion of set-off also applies.
20. Severability clause
The invalidity of individual provisions within these T&C shall not result in the invalidity of the entire T&C. The contracting parties shall replace the invalid clause with a clause closest to the commercial purpose of the invalid clause or the intention of the contracting parties; the same shall apply to contractual gaps.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die Sie unter https://ec.europa.eu/consumers/odr finden. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.