General Terms and Conditions with Customer Information

This English version is a convenience translation. The contract language is German; only the German version of these terms is legally binding.

1. Scope, provider, definitions

1.1. These General Terms and Conditions, in the version valid at the time of the order, apply exclusively to the business relationship between Balan GmbH, Neustiftgasse 25/6, 7361 Lutzmannsburg, Austria, registered in the commercial register of the Regional Court of Eisenstadt under FN 671171 t, VAT ID ATU83207548 (hereinafter "Seller"), and the customer (hereinafter "Customer") via the online shop www.hygienemitsystem.at.

1.2. Our customer service for questions, complaints and claims is available on working days (Monday to Friday) from 9:00 to 17:00 by phone at +43 664 450 4298 and by email at info@hygienemitsystem.at.

1.3. A consumer within the meaning of these terms is any person for whom the transaction is not part of the operation of their business (Section 1 Austrian Consumer Protection Act, KSchG). A business customer is any person for whom the transaction is part of the operation of their business. Provisions that apply only to consumers or only to business customers are marked accordingly.

1.4. Deviating terms of the Customer are not recognised unless the Seller expressly agrees to their validity in writing.

1.5. Individual agreements with the Customer take precedence over these terms.

2. Offers and product descriptions

2.1. The presentation of products in the online shop is not a legally binding offer but an invitation to place an order. The essential characteristics of the goods are set out in the respective product description.

2.2. All offers are valid while stocks last, unless otherwise stated for a product.

3. Ordering process and conclusion of the contract

3.1. The Customer can select products from the Seller's range without obligation and collect them in a shopping cart using the [Add to cart] button.

3.2. From the shopping cart, the Customer proceeds to complete the order using the [Proceed to checkout] button.

3.3. By clicking the [Jetzt kaufen] ("buy now") button, the Customer submits a binding offer, subject to payment, to purchase the goods in the shopping cart. Before the order is submitted, all order details are displayed in an overview. The Customer can review their entries there at any time, correct them using the "Edit" buttons or links or the browser's back function, or cancel the ordering process by closing the browser. Required fields are marked with an asterisk (*).

3.4. The Seller then sends the Customer an automatic acknowledgement of receipt by email, listing the order again, which the Customer can print using the "Print" function. The automatic acknowledgement only documents that the order has been received and does not constitute acceptance of the offer. The purchase contract is concluded only when the Seller accepts the order by a separate email (order confirmation) or by shipping the goods. The Customer is bound by the order for 3 working days from its receipt. If the Seller does not accept the order within this period, the Customer is no longer bound.

3.5. For payment in advance (bank transfer), the Seller provides the bank details in the order confirmation. The Seller reserves the ordered goods for 10 calendar days from sending the order confirmation. If the invoice amount is not received within this period despite a reminder, the Seller is entitled to withdraw from the contract. The Customer will be informed by email. Any partial payments already made will be refunded without delay.

3.6. The only language available for concluding the contract is German. The Seller has not submitted to any particular code of conduct.

4. Prices and shipping costs

4.1. All prices stated on the Seller's website are in euros and include the applicable statutory VAT.

4.2. In addition to the stated prices, the Seller charges shipping costs for delivery. Shipping costs are clearly stated on the delivery and shipping conditions page, on each product and during the ordering process before the order is placed.

5. Delivery, delivery time, availability, transfer of risk

5.1. The Seller delivers to Austria and Germany. Parcels are delivered by the post.

5.2. The delivery time is stated for each product (depending on the product approx. 1–3, 3–4 or 5–7 working days; working days are Monday to Friday excluding public holidays). It begins with the conclusion of the contract, for payment in advance with receipt of payment.

5.3. If no copies of the selected product are available at the time of the order, the Seller will inform the Customer without delay. If the product is permanently unavailable, the Seller will not accept the order, and no contract is concluded.

5.4. If the ordered product is only temporarily unavailable, the Seller will also inform the Customer without delay. If delivery is delayed by more than two weeks, the Customer has the right to withdraw from the contract. The Seller may withdraw only if, despite a timely and sufficient order, it is not supplied by its own supplier through no fault of its own (reservation of self-supply). In this case the Customer will be informed without delay, and any payments already made will be refunded without delay.

5.5. The risk of accidental loss and accidental deterioration of the goods passes to the Customer only upon handover to the Customer or to a third party designated by the Customer other than the Seller (for consumers Section 7b KSchG). If a shipment is lost or damaged in transit, the Seller bears the risk.

5.6. If goods are delivered with obvious transport damage, the Seller asks the Customer to report this to the delivery person immediately if possible and to inform the Seller. For consumers, failing to do so has no effect on their statutory rights; the report helps the Seller assert its own claims against the carrier.

6. Payment

6.1. The Customer can choose from the available payment methods during and before completing the ordering process. The payment methods available for the Customer and the delivery country are shown during checkout.

6.2. Where third-party providers handle the payment (e.g. PayPal, Stripe, Klarna, Amazon Pay), their terms additionally apply to the payment relationship.

6.3. The following payment methods are offered:

  • Payment in advance (bank transfer): see section 3.5.
  • Credit or debit card (Visa, Mastercard), processed by Stripe (also via Stripe Link). The card is charged when the order is completed.
  • eps bank transfer, processed by Stripe.
  • PayPal
  • Amazon Pay
  • Klarna: payment is made to Klarna. Klarna's terms shown during checkout apply.
  • Purchase on invoice: only for business customers based in Austria or Germany who provide a company name and a valid VAT ID. The invoice amount is payable within 14 days of receipt of the invoice without deduction to the account stated on the invoice.
  • Cash on delivery: payment in cash to the delivery person on delivery. A cash-on-delivery fee of €4.50 per parcel is charged in addition to the price of the goods and shipping.

6.4. The use of Klarna and purchase on invoice may require a positive credit check. The necessary data is transmitted to the respective payment provider for this purpose. Details can be found in the privacy policy.

6.5. If the Customer is in default of payment, the Seller is entitled to charge default interest of 4% p.a. to consumers (Section 1000 (1) ABGB) and of 9.2 percentage points above the base rate to business customers (Section 456 UGB), as well as the statutory compensation for recovery costs (Section 458 UGB).

6.6. The Customer may only set off claims that have been legally established or acknowledged by the Seller. For consumers this restriction does not apply if the Seller is insolvent or if the counterclaim is legally connected with the consumer's liability (Section 6 (1) no. 8 KSchG).

7. Retention of title

The delivered goods remain the property of the Seller until paid in full.

8. Warranty and guarantee

8.1. Consumers have the statutory warranty rights, in particular under the Austrian Consumer Warranty Act (VGG). The warranty period is two years from handover of the goods. If a defect becomes apparent within one year of handover, it is presumed to have existed at handover. Warranty claims become time-barred three months after the end of the warranty period. The consumer may first demand repair or replacement and, under the statutory conditions, also a price reduction or termination of the contract.

8.2. For business customers, the warranty provisions of the ABGB apply with the following conditions: the goods must be inspected without delay after receipt. Defects must be reported in writing without delay, at the latest within 7 days of delivery or discovery (Section 377 UGB). The presumption of defectiveness (Section 924 ABGB) is excluded.

8.3. A guarantee for goods supplied by the Seller exists only if expressly given. Manufacturer guarantees apply according to their respective terms and do not affect the statutory warranty.

9. Liability

9.1. The Seller is liable for damage caused intentionally or through gross negligence by itself, its legal representatives or vicarious agents, and for personal injury in any case of fault. Liability for other damage (property and financial damage) caused by slight negligence is excluded.

9.2. Liability under the Product Liability Act and under an expressly given guarantee remains unaffected.

9.3. According to the current state of technology, data communication via the internet cannot be guaranteed to be error-free and/or available at all times. The Seller is therefore not liable for the constant availability of the online shop at www.hygienemitsystem.at.

10. Right of withdrawal for consumers

10.1. Consumers have a statutory right of withdrawal for distance contracts (Section 11 FAGG). Business customers have no right of withdrawal. The details are set out in the cancellation policy below, which is also available at https://hygienemitsystem.at/en/cancellation-policy/.

10.2. Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, took possession of the last goods.

To exercise your right of withdrawal, you must inform us (Balan GmbH, Neustiftgasse 25/6, 7361 Lutzmannsburg, Austria, phone: +43 664 450 4298, email: info@hygienemitsystem.at) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but this is not mandatory.

You can also exercise your right of withdrawal online at https://hygienemitsystem.at/vertrag-widerrufen/. If you use this online function, we will send you, without delay, an acknowledgement of receipt on a durable medium (e.g. by email) with information on the content of your withdrawal and the date and time of its receipt.

To meet the withdrawal deadline, it is sufficient to send your notice of exercising the right of withdrawal before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we receive notice of your withdrawal. We will use the same means of payment you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is earlier.

You must send back or hand over the goods to us without delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal. The deadline is met if you send the goods before the fourteen-day period expires. We bear the cost of returning the goods.

You are only liable for any loss in value of the goods if this loss in value results from handling them in a way that is not necessary to examine their nature, characteristics and functioning.

10.3. Exclusion of the right of withdrawal. There is no right of withdrawal for contracts for

  • goods delivered sealed that are not suitable for return for health protection or hygiene reasons, if the seal has been removed after delivery (Section 18 (1) no. 5 FAGG);
  • goods made to the customer's specifications or clearly personalised, such as printed promotional napkins (Section 18 (1) no. 3 FAGG).

10.4. Withdrawal function. Consumers can also declare their withdrawal online using the "Vertrag widerrufen" (withdraw from contract) button, available in the footer of every page, in the customer account and at https://hygienemitsystem.at/vertrag-widerrufen/.

10.5. Model withdrawal form

(If you want to withdraw from the contract, please fill in this form and send it back.)

  • To Balan GmbH, Neustiftgasse 25/6, 7361 Lutzmannsburg, Austria, email: info@hygienemitsystem.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 consumer(s)
  • Address of consumer(s)
  • Signature of consumer(s) (only for notification on paper)
  • Date

(*) Delete as appropriate.

11. Storage of the contract text

11.1. The Seller stores the contract text of the order. These terms are available at any time at https://hygienemitsystem.at/agb/. The Customer can print or save the contract text before submitting the order using the browser's print or save function in the last step of the order.

11.2. The Seller also sends the Customer an order confirmation with all order details, together with these terms and the cancellation policy including the model withdrawal form in a storable form, to the email address provided.

12. Data protection

12.1. The Seller processes the Customer's personal data exclusively in accordance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). Details on the type, scope and purpose of processing and on the Customer's rights (access, rectification, erasure, restriction, data portability, objection and complaint to the Austrian Data Protection Authority) can be found in the privacy policy.

13. Applicable law, place of jurisdiction, contract language, dispute resolution

13.1. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law. For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection of the mandatory provisions of the law of the state in which they have their habitual residence (e.g. Germany).

13.2. For disputes with business customers, the court with subject-matter jurisdiction for 7361 Lutzmannsburg has exclusive jurisdiction. The place of performance for business customers is the Seller's registered office. For consumers, the statutory places of jurisdiction apply. If a consumer has their domicile or habitual residence in Austria or is employed in Austria, they can only be sued at the court in whose district one of these places is located (Section 14 KSchG). Consumers domiciled in another EU member state, for example Germany, can only be sued at their domicile (Art. 18 Brussels Ia Regulation).

13.3. The contract language is German.

13.4. Please send complaints to info@hygienemitsystem.at. The Seller has not committed to participating in proceedings before an alternative dispute resolution body. If a consumer's complaint cannot be resolved amicably, the Seller will inform the consumer in accordance with Section 19 AStG of the competent dispute resolution body (for online transactions the Internet Ombudsstelle, www.ombudsstelle.at) and whether it will participate in the proceedings.

14. Final provisions

14.1. Should individual provisions of these terms be invalid towards a business customer, the validity of the remaining provisions remains unaffected.

Last updated: 26.09.2026