General Terms and Conditions

Area of Applicability
Only the General Terms and Conditions stated hereafter shall apply for the business relationship between BANO Healthcare GmbH and the buyer, and only in the version in which they are valid at the time of the product being ordered. In the event that individual provisions of the General Terms and Conditions below become invalid, the validity of the remaining German Terms and Conditions is unaffected. Austrian Law applies excluding the United Nations Convention on Contracts for the International Sale of Goods. Errors in writing, printing and calculation, as well as exceptional changes in price, are reserved.

Contract Conclusion
An order represents an offer to us to conclude a purchase agreement. A contract comes into effect when BANO Healthcare GmbH or its agents confirm the contract in writing and deliver the goods.

Terms of Delivery
Unless otherwise agreed, delivery is made from the BANO Healthcare GmbH warehouse to the delivery address supplied by the buyer, and is made at the expense and risk of the buyer. All data stated on the availability, shipping or preparation of a product is only expected data with approximate guideline values. They do not represent binding or guaranteed shipping or delivery times. If BANO Healthcare GmbH is behind schedule with a delivery, the customer is not entitled to a claim for compensation for delay in delivery. All shipping costs, in particular packaging and transport costs, are invoiced for in accordance with the price lists stated at the time of the order being made in the online shop. If delivery to the buyer is not possible, because, for example, he has provided an incorrect address, or if the buyer does not answer the door at the delivery address he supplied despite having been notified of the time of delivery a reasonable time in advance, the buyer bears the costs for further attempts at delivery. The buyer must notify BANO Healthcare GmbH and the transport company in writing of any complaints due to transport damage at the latest within three days from acceptance of the goods after receipt of the goods.
Payment Conditions
Payment is made in advance by prepayment; for deliveries within Austria, by cash on delivery or credit card. BANO Healthcare GmbH does not pay any of costs incurred in making the payment.

Limitation of Liability
BANO Healthcare GmbH is only liable, with the exception of loss of life, physical injury or damage to health, for damages that are attributable to wilful or grossly negligent behaviour, and the extent of the liability is limited to the average damages typical for this type of contract.
To the extent that the liability of BANO Healthcare GmbH is excluded as a possibility or limited, this also applies for personal liability of employees, representatives and agents.

If there is a deficiency in the delivered goods, the buyer is only entitled to demand a replacement for those goods. If it is not possible for BANO Healthcare GmbH to perform a replacement delivery, or if such a delivery is either associated with excessively great expenditure, or is delayed beyond a reasonable time frame, the buyer is also entitled, at his discretion, to withdraw from the contract and to demand a replacement delivery or refund of the purchase price. The legal provisions as per the Austrian Commercial Code ("Unternehmensgesetzbuch" - UGB) apply for businesspersons.

Data protection
The buyer accepts that his personal data contained within the purchase contract is gathered, stored and processed by BANO Healthcare GmbH. The buyer’s personal data is not made available to third parties for use.


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