General Terms and Conditions
of BeeSaver GmbH
1. General, Scope:
This translation is provided for informational purposes only. In the event of any discrepancy or inconsistency between the German and English versions, the German original shall prevail and be legally binding. These General Terms and Conditions are an essential component of every offer made by BeeSaver GmbH and of contracts concluded with it, even if reference to them is not expressly made in individual future transactions. General terms and conditions of any kind that contradict or supplement these terms and conditions shall be deemed not included and not agreed upon; such terms and conditions of customers of BeeSaver GmbH are hereby expressly objected to. This also applies if BeeSaver GmbH does not expressly object to a subsequent contract document in which the contracting party refers to other terms and conditions.
Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the permissible regulation that comes closest, legally and economically, to the objective pursued by the invalid provision.
Amendments and supplements to contracts and these General Terms and Conditions require written form and signature by BeeSaver GmbH. Statements made by employees of BeeSaver GmbH are only binding if confirmed in writing by BeeSaver GmbH.
Orders and commissions of any kind, regardless of whether made in writing, verbally, or by telephone, are accepted by BeeSaver GmbH only subject to full acknowledgment of these General Terms and Conditions.
BeeSaver GmbH reserves the right to refuse orders without stating reasons. No claims of any kind arise for the customer from such a refusal.
2. Contract Content:
Communications made by BeeSaver GmbH prior to the conclusion of a contract, in particular offers, descriptions, etc., are — unless expressly agreed otherwise in writing in advance — non-binding and without obligation. The presentation of products on the BeeSaver GmbH website does not constitute a legally binding offer but rather a non-binding online catalog.
A contract between BeeSaver GmbH and the customer is only concluded upon written acceptance of the customer's offer/order by BeeSaver GmbH, or otherwise upon execution of the order placed. The customer is obligated to immediately review the declaration of acceptance or order confirmation from BeeSaver GmbH; any discrepancies from their order must be raised promptly and in writing. If this is not done, the contract content shall be governed by the content of the declaration of acceptance or order confirmation. BeeSaver GmbH is under no obligation to accommodate subsequent requests for changes by the customer.
The contractual relationship between BeeSaver GmbH and the customer is governed exclusively by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), the Private International Law Act (IPRG), and other conflict-of-law provisions.
3. Delivery and Performance:
Statements regarding delivery times are always non-binding. Customer requests regarding delivery dates will be accommodated where possible, but do not create any obligation on the part of BeeSaver GmbH to deliver within the customer's requested timeframe. Claims for damages, penalty clauses, and the like arising from allegedly late delivery are excluded. Cases of force majeure release BeeSaver GmbH from its delivery obligation for the duration of such events. This also includes industrial action of any kind, regardless of whether it affects BeeSaver GmbH, suppliers, and/or transport companies. Non-performance or delayed performance of the contract by BeeSaver GmbH does not entitle the customer to assert penalties, claims for loss of earnings, or the like.
If the customer defaults on acceptance or refuses acceptance for reasons for which BeeSaver GmbH is not responsible, BeeSaver GmbH is entitled to either demand performance by the customer or, after setting a grace period of 14 days, to withdraw from the contract; in the latter case, the customer is obligated to pay, at BeeSaver GmbH's discretion, either a lump-sum compensation of 15% of the invoice amount or the actual damages incurred. In both cases, the risk passes to the customer.
As long as the customer is in default of payment — including for other orders — BeeSaver GmbH is not obligated to make further deliveries. In the event of repeated payment default, delivery may be made conditional upon payment against delivery.
The beehive scales cannot be operated without a subscription.
4. Shipping:
BeeSaver GmbH is entitled to choose the packaging at its own discretion, taking into account transport and production-related considerations.
Packaging, its insurance, and other shipping costs are not included in the quoted price.
5. Payment:
BeeSaver GmbH is entitled to send invoices electronically. Delivery is made against advance payment or cash on delivery, alternatively by credit card or PayPal. Payments may also be processed via the payment service provider Stripe (Stripe Payments Europe Ltd., Dublin, Ireland). For payment processing via Stripe, Stripe's terms of use additionally apply - available at https://stripe.com/at/legal.
Unless otherwise agreed in writing, payment is due within 10 days of the invoice (partial invoice) being sent, without any deductions. BeeSaver GmbH is entitled to request advance and/or partial payments to a reasonable extent. Payments to BeeSaver GmbH must be made with debt-discharging effect exclusively to one of the accounts listed on the invoice or to a person authorized with collection authority.
The customer is not entitled to assert rights of retention or set-off.
Agreed cash discounts shall lapse if payment is not made by the customer within the above-mentioned payment period. If the payment period is exceeded, BeeSaver GmbH is entitled to charge statutory default interest, and the customer is furthermore obligated to pay the dunning fees, intervention costs, and standard legal fees necessary for appropriate collection, enforcement, or legal action. Dunning fees for reminders sent by BeeSaver GmbH itself amount to at least €10.00 per reminder.
If the customer fails to make due payments (including advance and/or partial payments), BeeSaver GmbH may withhold outstanding partial services until full payment of the total amount has been received, or, after setting an appropriate grace period, withdraw from the concluded contract and assert claims for damages due to non-performance. Incoming payments are always applied first to costs and dunning fees, then to interest and other ancillary charges, and finally to the principal; in the case of agreed installment payments, to the longest overdue installment; in the case of multiple claims, to the longest overdue claim.
6. App:
6.1. General
The BeeSaver App is a digital hive record. It allows all activities and other important information to be recorded digitally and archived for later use.
The scope of services, characteristics, intended use, and conditions of use of the app provided are set out in the associated functional descriptions. BeeSaver GmbH is entitled to provide updated versions of the associated software.
BeeSaver GmbH accepts no liability for damages arising from the use of the software.
The General Terms and Conditions of BeeSaver GmbH also apply to the app, unless explicitly stated otherwise.
6.2. Costs
Use of the app is free of charge for up to 5 hives, whereby BeeSaver GmbH reserves the right to restrict the functionality of the free version and to offer individual features as paid options. For more than 5 hives or 2 apiaries, a subscription must be taken out with BeeSaver GmbH. Prices can be found on the website (www.beesaver.at). BeeSaver GmbH reserves the right to change prices at any time, restrict functionalities, or charge additionally for them. All stated prices include the applicable statutory VAT.
The subscription can be taken out on the website (www.beesaver.at) or in the app (in-app purchase). Billing for subscriptions taken out via the website is handled by the payment service provider Stripe. In-app purchases are billed through the respective store (Apple App Store).
6.3. Contract Duration, Cancellation
Free access to the app, which is obtained upon registration, runs for an indefinite period. It can be terminated at any time by either contracting party without notice.
The paid subscription runs for an indefinite period from the time payment is received (contract conclusion). The subscription is automatically renewed at the end of the term and can be cancelled in writing (one day before the subscription expires) at the end of the month. If the contract is cancelled before the end of the paid term, the customer has no right to a refund.
The subscription may also be cancelled by BeeSaver GmbH.
Subscriptions purchased in-app must be cancelled in the settings of the respective store.
After the paid subscription expires, the customer can continue to access existing data but can no longer add or edit anything beyond the free-tier allowance. In addition, no new data from the beehive scales will be loaded or displayed.
7. Warranty and Liability:
For all deliveries, including partial deliveries, the customer is obligated to inspect them immediately. All obvious defects, shortfalls, or incorrect deliveries must be reported to BeeSaver GmbH in writing as quickly as possible — in any case before the delivered product is processed or installed. The complaint must contain a precise description of the defect raised.
BeeSaver GmbH does not guarantee that all products offered, including the app itself, are available for delivery at all times. Should one or more products be unavailable, BeeSaver GmbH will inform the customer promptly.
Wear parts are not covered by the warranty.
Within the warranty period, BeeSaver GmbH is entitled, at its own discretion and to the exclusion of further claims, to carry out improvement (rectification or supplementation of what is missing) or replacement delivery, provided the defect already existed at the time of delivery. If improvement or replacement delivery is not possible or involves disproportionate effort, the customer is entitled to a price reduction or, if the defect is more than minor, to cancellation of the contract (rescission).
Liability of BeeSaver GmbH for damages to the customer on any legal grounds, including delay, impossibility, defective performance, non-contractual liability, software defects of the app offered, etc., is — to the extent legally permissible — excluded in cases of slight negligence; this does not apply to personal injury or damage to items accepted for processing. Compensation for consequential damages and financial losses, lost profits, losses incurred, and damages arising from third-party claims is excluded in any case, to the extent permitted by law.
Defects or damages attributable to culpable or improper handling, improper installation, use of unsuitable accessories, or modification of original parts by the customer or third parties not commissioned by BeeSaver GmbH are excluded from warranty as well as from any other liability.
8. Customer's Right of Withdrawal as a Consumer:
The customer, provided they are a consumer within the meaning of the Consumer Protection Act, may withdraw from a contract concluded with BeeSaver GmbH by distance selling within 14 days without stating reasons.
The withdrawal period is 14 days and begins, for contracts for the delivery of goods, on the day the goods are received by the customer (consumer) or a third party designated by them; for delivery of a single order in multiple partial shipments, the withdrawal period begins on the day the consumer (customer) or a third party designated by them takes possession of the last partial shipment.
The right of withdrawal does not apply to goods manufactured according to customer specifications or clearly tailored to personal needs, or to goods delivered sealed that are not suitable for return for reasons of health protection or hygiene, provided their seal has been removed after delivery, as well as to goods that may deteriorate quickly or whose expiry date would be exceeded quickly.
To exercise the right of withdrawal, the customer must inform BeeSaver GmbH by means of a clear declaration (e.g. by post or email) of their decision to withdraw from the contract. The withdrawal form is attached as an appendix. To meet the withdrawal deadline, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
The withdrawal is to be addressed to:
BeeSaver GmbH
Zell-Pfarre 34
9170 Zell
Austria
or by email to:
If the customer withdraws from the contract as a consumer, the following applies simultaneously:
- BeeSaver GmbH must reimburse the consumer for all payments received, including delivery costs (with the exception of any additional costs resulting from the customer having chosen a type of delivery other than the cheapest standard delivery offered by BeeSaver GmbH), without delay and no later than within 14 days from the day on which notification of the withdrawal of the contract was received by BeeSaver GmbH. The same payment method used for the original transaction will be used for the refund, unless expressly agreed otherwise. For payments processed via Stripe, the refund will be made through Stripe to the originally used payment method. BeeSaver GmbH may refuse the refund until it has received the goods back or until the customer has provided proof of having returned the goods, whichever is the earlier.
- The customer (consumer) must return the goods received to BeeSaver GmbH without delay and in any case no later than within 14 days from the day on which BeeSaver GmbH was informed of the withdrawal from the contract. The deadline is met if the customer sends the goods before the 14-day period has expired. The customer is only liable for any diminished value of the goods if such diminished value is attributable to handling beyond what is necessary to check the nature, characteristics, and functioning of the goods. In any case, the customer must bear the direct costs of returning the goods.
9. Retention of Title:
The delivered goods remain the property of BeeSaver GmbH until full payment of the agreed price has been made.
Until the purchase price has been paid in full, the customer may not dispose of the subject of purchase, meaning they may not resell, pledge, give away, or lend it. In the event of third-party access to the reserved goods — in particular through seizure — the customer undertakes to draw attention to BeeSaver GmbH's right of ownership and to inform BeeSaver GmbH immediately. The customer bears the full risk for the reserved goods, in particular the risk of destruction, loss, or deterioration.
10. Place of Performance, Jurisdiction, Applicable Law, Severability Clause:
The place of performance is the registered office of BeeSaver GmbH. The exclusive place of jurisdiction for all disputes arising from this contractual relationship, including disputes regarding the formation of a contractual relationship, is the court with subject-matter jurisdiction at the registered office of BeeSaver GmbH.
This contractual relationship is subject to Austrian law, to the exclusion of conflict-of-law provisions and to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Should any provision of the contract become invalid, this shall not affect the validity of the remaining contract. The contracting parties undertake to replace the invalid provision with one that comes closest to what was economically intended. The same applies to any gaps in the contract.
Appendix 1
Withdrawal Form
(If you wish to withdraw from the contract, please complete and return this form)
— To
BeeSaver GmbH
Zell-Pfarre 34
9170 Zell
contact@beesaver.at
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)
— Ordered on (*) / received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only for notification on paper)
— Date
(*) Delete as applicable.
