1. Scope
Bettina Hatz is a sole proprietorship under Austrian law, with its business address at 6844 Altach, Brolsstraße 9b in Austria.
These General Terms and Conditions of Belissima apply to all contracts concluded by the customer with Belissima regarding the products and/or services presented in the online shop. The inclusion of the customer’s own terms and conditions is hereby rejected unless otherwise agreed.
2. Application
The following General Terms and Conditions apply to all purchase contracts for goods concluded via the web shop at https://shop.belissima.co.at/ between Belissima as the seller and its customers, in the version valid at the time the order is placed. By placing an order, the customer agrees to these General Terms and Conditions.
3. Offer
Offers and information provided in price lists, catalogs, advertisements, promotional materials, and on web shop and internet pages are always subject to change and non-binding. Changes and errors are expressly reserved.
4. Right of Modification
Items are sold as depicted in the respective price lists, catalogs, advertisements, promotional materials, and on web shop and internet pages or according to sample. Any color variations that may occur due to screen settings or printing processes do not constitute defects and cannot be claimed as such.
5. Contract Language
The contract language is German. All other information, customer service, and complaint handling are provided exclusively in German.
6. Conclusion of Contract
The customer’s order is a binding offer to conclude a purchase contract for the ordered goods. An order can only be placed if all customer data is fully provided. For every online order placed via the web shop, the customer receives an electronic order confirmation. The purchase contract comes into effect when Belissima explicitly accepts the order or fulfills it by dispatching the ordered goods.
7. Right of Withdrawal for Consumers in Distance Selling
If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG) and the contract was concluded solely using one or more means of distance communication (telephone, letter, fax, email, order form, or web form of the web shop), the customer may withdraw from the concluded contract or their contractual declaration without giving reasons within the period specified below. The withdrawal period is 30 days and begins on the day the goods are received by the consumer. The withdrawal is considered timely if the customer sends the withdrawal declaration on the last day of the period, either electronically or by other means.
If the consumer withdraws from the contract, they are obliged, step by step, to return the received goods in their original packaging and without any signs of use. If the goods have been used by the consumer, Belissima as the seller must be paid an appropriate fee, including compensation for any diminution in the common value of the goods resulting from their use, whereby the mere acceptance of the goods by the consumer does not in itself constitute a reduction in value. The consumer is expressly obliged to bear the return costs and shipping expenses associated with sending the goods back. Belissima is obliged, step by step, to refund any payments already made by the customer.
8. Prices
All prices are inclusive of VAT unless explicitly stated otherwise, but do not include postage, shipping costs, customs duties, import VAT, handling fees, etc. Shipping costs are calculated based on the weight of the shipment. Price changes before ordering as well as input and electronic transmission errors are reserved.
9. General Delivery Conditions
If a purchase contract has been concluded, Belissima will process the order without undue delay and, in any case, within thirty days. In individual cases, this delivery period may be exceeded if particular reasons (e.g., procurement of goods from abroad) prevent timely fulfillment. The goods are delivered from the warehouse to the delivery address provided by the customer using standard shipping methods (postal service, delivery services, etc.). Risk and chance pass to the customer at the moment the ordered goods are handed over to the carrier. Express deliveries are possible but must be expressly agreed upon; any additional costs must be borne by the customer.
10. Payment, Due Date, and Default
For all orders, payments must be made in advance without any deduction. The customer shall bear all reminder charges, collection expenses, and any necessary costs of appropriate legal action by attorneys in the event of culpable default in payment. It is expressly noted that Belissima will charge a reminder fee of EUR 19.00 per reminder. A flat rate of EUR 110.00 plus VAT will be charged for reminders issued by the attorney involved.
11. Retention of Title
The goods remain the property of Belissima until payment has been made in full. Pledging or transfer of ownership by way of security is prohibited. If third parties gain access, Belissima must be informed immediately. The customer undertakes to uphold Belissima’s ownership, even if the delivered goods are not directly intended for the customer but for third parties. The customer must draw attention to this retention of title. The customer shall treat the goods subject to retention of title with due care.
12. Warranty, Damages
If the delivered goods are defective, the general legal warranty provisions apply. Accordingly, the customer must return the defective goods without delay, and Belissima is entitled to improve or replace them. Only if improvement or replacement is impossible, entails a disproportionately high effort for Belissima, or if Belissima does not or cannot comply with the replacement or improvement request within a reasonable period, is the customer entitled to a price reduction or cancellation (complete annulment of the contract). In the case of minor defects, the customer has no right to cancel. Damage incurred during transport must be claimed by the customer directly with the respective carrier. The customer’s claims for damages against Belissima, in particular for consequential damages, other indirect damages and losses, or lost profits due to defective, omitted, or delayed delivery—except in the case of personal injury—will only apply if the damage is due to gross negligence or willful misconduct.
13. Data Protection
Pursuant to data protection regulations, it is expressly noted that, for fulfillment of each contract, Belissima stores customers’ names, occupations (sector), addresses, telephone and fax numbers, and email addresses, as well as payment methods, on data carriers for automated processing (accounting, customer database). Customer data will not be disclosed to third parties unless this is necessary for order fulfillment.
I agree to be informed by Belissima about Belissima’s products by telephone or email. I am entitled to revoke this consent at any time by means of an explicit declaration.
14. Place of Performance, Jurisdiction
The place of performance is Altach; Austrian law applies exclusively. Insofar as the legal transaction is not subject to the KSchG, the parties agree to the jurisdiction of the court having subject-matter jurisdiction in Feldkirch. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG) and has their domicile or usual place of residence in Austria, or is employed in Austria, the jurisdiction of the court in whose district the domicile, usual place of residence, or place of employment of the customer lies is deemed established.
15. Copyright
No part of the products offered may be imitated or distributed in any form without the written permission of Belissima. The customer acknowledges that the design of Belissima’s website, the representations of the products published in the web shop, and the products themselves are protected by copyright. All rights remain reserved by Belissima.
16. Final Provisions
The contract and these General Terms and Conditions contain all agreements made. No verbal side agreements exist. Side agreements, later contract additions, or amendments require written confirmation by Belissima to be valid.
Should individual provisions of the contract, including these General Terms and Conditions, be or become invalid, the remaining content of the contracts concluded or these GTC shall not be affected. The wholly or partially invalid provision shall be replaced by a permissible provision whose economic effect is as close as possible to that of the invalid provision.