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Terms & Conditions (B2B)

Please note: These legal texts have been translated from the original German version with the assistance of AI. Despite careful review, errors or inaccuracies cannot be ruled out. In case of doubt, the German original version shall prevail.

  1. Scope

    1. These General Terms and Conditions (hereinafter referred to as "GTC") govern the use of the website, webshops, apps, products and services of Becard (hereinafter referred to as "Becard" or "Platform") by entrepreneurs, legal entities, partnerships, public institutions and other business customers.
    2. These GTC apply exclusively to contracts with business customers within the meaning of business-related transactions. Consumers within the meaning of the Consumer Protection Act are excluded from the scope of these B2B GTC. Where Becard offers services to consumers, separate provisions apply to consumers.
    3. By registering, placing an order, using the Platform, using the services or accepting an offer, you agree to these GTC. If you do not agree to these GTC, we cannot provide you with any services and cannot enter into a business relationship with you.
    4. Individual agreements concluded with you in individual cases, including additions, amendments, offers, order confirmations, service descriptions, service level agreements or other written agreements, shall take precedence over these GTC.
    5. Unless expressly agreed otherwise, only these GTC of Becard shall apply. The customer's general terms and conditions shall not apply, even if Becard does not expressly object to them.
    6. The current version of these GTC can be accessed at https://legal.becard.me.

  2. Contracting Party and Authority to Represent

    1. The contracting party is Behires Services GmbH, unless another contracting party is expressly named.
    2. If you act on behalf of a company, a legal entity, a partnership, an organisation or a public institution, you warrant that you are sufficiently authorised to act on behalf of this legal entity and to legally bind it.
    3. Upon request, you are obliged to provide Becard with appropriate evidence of your authority. Becard is entitled to suspend the provision of services until sufficient evidence has been provided.

  3. Registration and Account

    1. In order to use the services of Becard, you must register and create an account. You are responsible for the accuracy, completeness and currency of the data provided during registration.
    2. You are obliged to treat your login details as confidential and to protect them against access by third parties. Actions carried out via your account shall be deemed to have been initiated by you, unless you prove that you are not responsible for the misuse.
    3. You may not transfer, rent, sell or otherwise pass on your account to third parties without the prior written consent of Becard.
    4. The creation of multiple user accounts is only permitted if they are created as business user accounts within the framework of a Becard Business Manager account or comparable company administration.
    5. Free digital business cards and test access may not, unless expressly stated otherwise, be used for commercial mass applications, resale, circumvention of pricing or usage models or abusive purposes.
    6. When using interfaces or services of third parties, the terms and conditions of the respective third-party provider shall additionally apply. Becard assumes no responsibility for the availability, functionality or legal admissibility of third-party services.

  4. Use of the Services

    1. You undertake to use the services of Becard exclusively for lawful business purposes and not to provide, store, publish or process any content that violates applicable laws, third-party rights or these GTC.
    2. All information that you provide to Becard must be truthful, complete and up to date. You undertake to keep this information up to date and correct throughout the entire business relationship.
    3. You are solely responsible for ensuring that the content entered, uploaded, published or processed by you or your users is lawful and does not infringe any third-party rights.
    4. Becard is not obliged to verify the plausibility, completeness, legality or substantive accuracy of the data, content or information transmitted by you.
    5. Becard reserves the right to remove content, restrict functions, block accounts or suspend services if there is a justified suspicion that these GTC, statutory provisions or third-party rights are being violated.

  5. Scope of Services and Availability

    1. The scope of the services owed is determined by the respective offer, service description, product description, contract, order confirmation or the functions visible on the Platform.
    2. Becard is entitled to further develop, improve, adapt or change individual functions of the Platform and services, provided that this does not materially impair the contractually agreed principal service.
    3. Becard endeavours to ensure high availability of the Platform. However, a specific availability, response time or quality of service is only owed if this has been expressly stipulated in a service level agreement or an individual agreement.
    4. Maintenance work, security updates, technical disruptions, force majeure, failures of third-party providers, network disruptions or other events outside Becard's sphere of influence may temporarily impair the use of the Platform.

  6. Products, Prices and Offers

    1. The products, services, prices and availabilities displayed on the Platform are non-binding and may be changed at any time, unless a binding offer has been expressly made.
    2. Orders placed by the customer shall be deemed to be a binding offer to conclude a contract. Becard is entitled to accept or reject orders at its own discretion.
    3. A contract shall only come into existence upon express acceptance, written order confirmation, activation of the service, delivery of the goods or actual provision of services by Becard.
    4. All prices quoted to business customers are, unless expressly stated otherwise, exclusive of statutory VAT, customs duties, levies, fees, shipping costs, packaging costs and other ancillary costs.
    5. Cost estimates, offers and project prices are, unless expressly stated otherwise, exclusive of statutory VAT and are binding only for the period stated in the offer. If no such period is stated, offers are valid for fourteen (14) days.
    6. Becard is entitled to change prices for recurring services, subscriptions or ongoing services with reasonable prior notice. In the case of individually agreed contract terms, the respectively agreed price and term provisions shall be taken into account.

  7. Payments and Subscriptions

    1. All payments shall be made in the currency stated on the Platform, in the offer or on the invoice. Becard accepts the payment methods specified on the Platform or in the respective offer.
    2. Unless a deviating written agreement has been made between the parties, payments on invoice are subject to a payment term of seven (7) days from the invoice date, without entitlement to a cash discount or other deductions.
    3. All payments shall be made net, without deduction, without set-off and without retention, unless the counterclaim has been finally determined by a court or expressly recognised by Becard.
    4. In the event of default in payment, Becard is entitled to charge statutory default interest, reminder fees, debt collection costs and other costs necessary for appropriate legal enforcement.
    5. In the case of subscriptions, Becard reserves the right to interrupt, restrict or terminate services, access, accounts or functions in whole or in part for as long as outstanding payments have not been settled in full.
    6. Becard assumes no liability for damage, losses or disadvantages resulting from a justified blocking, interruption or termination due to default in payment.
    7. In the case of subscriptions, the subscription fees shall be invoiced at the agreed prices and intervals. Payment intervals may in particular be monthly, semi-annual, annual or at other agreed intervals.
    8. Active subscriptions are automatically renewed for the respective billing period unless they are cancelled before the expiry of the current billing period in accordance with the processes provided on the Platform or in accordance with an individual agreement.
    9. Unless expressly agreed otherwise, cancellation of a subscription shall take effect at the end of the respective current billing period. There shall be no pro rata refund of fees already paid, unless expressly agreed otherwise or mandatorily required by law.
    10. Individual contracts, minimum terms, notice periods or special agreements remain unaffected.

  8. Shipping and Delivery Terms

    1. Physical products shall be delivered to the delivery address specified by the customer. The customer is responsible for the accuracy, completeness and currency of the delivery information.
    2. Estimated delivery times are displayed on the Platform or communicated to the customer in writing. Delivery times are non-binding guidelines unless expressly agreed as binding.
    3. Becard assumes no liability for delays due to circumstances outside Becard's sphere of influence, in particular transport delays, customs clearance, force majeure, strikes, official measures, delivery bottlenecks at third-party providers or incomplete information provided by the customer.
    4. Unless expressly agreed otherwise, deliveries within the EU Member States shall be made in accordance with Incoterms® DAP (Delivered at Place) in the version of the International Chamber of Commerce applicable at the time.
    5. Unless expressly agreed otherwise, deliveries outside the EU Member States shall be made in accordance with Incoterms® DPU (Delivered at Place Unloaded) in the version of the International Chamber of Commerce applicable at the time.
    6. Deviating agreements on Incoterms®, place of delivery, transfer of risk, customs clearance, unloading or other delivery terms must be agreed in writing between the contracting parties.

  9. Retention of Title

    1. Until full payment of all outstanding claims arising from the business relationship, Becard retains title to delivered goods.
    2. The customer is not entitled to sell, pledge, assign as security or otherwise encumber goods subject to retention of title without the express written consent of Becard.
    3. In the event of a permissible resale of the goods subject to retention of title, the customer hereby assigns to Becard all claims against third parties resulting therefrom. Becard accepts this assignment.
    4. The customer is obliged to inform Becard without delay if third parties assert rights to reserved goods or if enforcement measures are threatened.

  10. Personalised and Customised Products

    1. Personalised, customised or customer-specified products are manufactured on the basis of the data, files, logos, content, designs, approvals and other information provided by the customer.
    2. The customer is solely responsible for ensuring that the data and content provided are correct, complete, lawful and suitable for the desired production.
    3. Becard is not obliged to check customer data, print data, content, logos, designs or other materials for substantive, legal, technical or design-related errors, unless such a check has been expressly agreed.
    4. Errors, additional costs, delays or unusable results attributable to incorrect, incomplete or unsuitable information or materials provided by the customer shall be borne by the customer.

  11. Data Protection and Processing on Behalf

    1. Personal data shall be processed by Becard in accordance with the applicable data protection laws and Becard's privacy policy. The data protection information can be accessed at https://legal.becard.me.
    2. Where the customer processes personal data of employees, business partners, customers or other data subjects via the Platform or has such data processed by Becard, the customer is responsible for the lawfulness of this processing.
    3. Where Becard processes personal data on behalf of the customer, the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR. The customer is obliged to check before using corresponding functions whether such an agreement is required.
    4. The customer is obliged to obtain and maintain all information, consents, legal bases, authorisations and internal approvals required under data protection law.

  12. Confidentiality

    1. The contracting parties undertake to treat all confidential information and trade secrets that they receive within the framework of the business relationship as strictly confidential.
    2. Confidential information includes all information that is not publicly known and has economic value, including but not limited to offers, cost estimates, business plans, trade secrets, customer lists, technical data, developments, processes, access data, prices, project data, research results and all information that is marked as confidential or can reasonably be regarded as confidential.
    3. The contracting parties undertake to use confidential information exclusively for the purposes of the business relationship and not to disclose it to third parties without the prior written consent of the other contracting party, unless there is a statutory obligation to disclose.
    4. This confidentiality obligation shall remain in force even after termination of the business relationship for a period of five (5) years from disclosure of the respective confidential information. Trade secrets shall be treated as confidential without limitation in time for as long as they remain trade secrets.
    5. Where confidential information is disclosed to employees, vicarious agents, advisers or representatives, it must be ensured that such persons are also obliged to maintain confidentiality.

  13. Withdrawal, Rescission and Cancellation

    1. Business customers do not have a statutory right of withdrawal for consumers. The customer acknowledges that these GTC apply exclusively to B2B transactions.
    2. Orders, in particular for personalised, customised or customer-specified products, are binding and may only be cancelled or amended with the express written consent of Becard.
    3. Costs already incurred, production costs, preliminary services, licence costs, third-party provider costs, setup costs or other expenses must be reimbursed by the customer in the event of a cancellation accepted by Becard.
    4. The right to terminate for good cause remains unaffected.

  14. Warranty

    1. Becard provides a warranty within the framework of the statutory provisions, unless otherwise agreed in these GTC or in an individual agreement.
    2. In the case of transactions that are business-related on both sides, the customer is subject to the duty of inspection and notification of defects under company law. Defects must be reported in writing and in a comprehensible manner without delay after delivery, provision or detectability.
    3. If the customer fails to give timely and proper notice of defects, the goods or services shall be deemed approved with regard to the recognisable defects, to the extent permitted by law.
    4. Becard is entitled to initially fulfil warranty claims by improvement, replacement, subsequent delivery or renewed provision of the service. Price reduction or rescission of the contract shall only be considered in accordance with the statutory provisions and only if improvement or replacement is impossible, impracticable or has failed.
    5. Becard assumes no warranty for defects attributable to improper use, incorrect information provided by the customer, interventions by third parties, modifications by the customer, external systems, normal wear and tear, lack of cooperation, unsupported devices or use not in accordance with the intended purpose.
    6. Guarantees exist only if they have been expressly designated and agreed in writing as a guarantee. Product descriptions, advertising statements, representations on the Platform or technical information do not constitute a guarantee unless they are expressly designated as such.
    7. Claims under the warranty must be addressed to customer service at support@becard.me.
    8. Warranty and guarantee claims relate exclusively to the products and services provided by Becard and do not apply to services, content, software, interfaces, products or services of third-party providers.

  15. Liability

    1. Becard shall be liable without limitation for damage caused intentionally or by gross negligence, as well as for personal injury in accordance with the statutory provisions.
    2. In the case of slight negligence, Becard shall be liable, to the extent permitted by law, only in the event of breach of material contractual obligations and only for the typically foreseeable damage.
    3. Liability for indirect damage, consequential damage, loss of profit, loss of revenue, loss of data, production downtime, business interruption, reputational damage, unrealised savings or third-party claims is excluded to the extent permitted by law.
    4. To the extent permitted by law, Becard's liability shall be limited in amount to the fees actually paid by the customer to Becard for the affected service in the last six (6) months prior to the event causing the damage.
    5. Becard shall not be liable for damage, losses or disadvantages arising from incorrect information provided by the customer, insufficient cooperation, improper use, unauthorised changes, third-party providers, external interfaces, internet or network failures or circumstances outside Becard's sphere of influence.
    6. Becard assumes no warranty for the accuracy, reliability, currency or completeness of the information provided on the Platform, unless this information is expressly part of the contract.

  16. Service Level Agreements

    1. Becard may offer service level agreements for certain services or products. SLAs specify in particular service quality, availabilities, response times and performance parameters.
    2. An SLA shall apply only if it has been expressly and in writing agreed between the customer and Becard.
    3. In the event of a validly agreed SLA, the provisions of the SLA shall take precedence over the general provisions of these GTC insofar as they concern the same subject matter.

  17. Intellectual Property

    1. All content published on the Platform, including images, texts, logos, trade marks, designs, software, layouts, databases and other content, is protected by copyright, trade mark law or otherwise and may not be reproduced, edited, published, distributed or used without the express consent of Becard.
    2. The customer grants Becard a non-exclusive right of use, limited in territory and time to the term of the contract, to the content, logos, trade marks, images, texts, data and other materials provided by the customer, insofar as this is necessary for the provision of the agreed services.
    3. The customer warrants that it has all necessary rights to the content provided and that its use by Becard does not infringe any third-party rights. The customer shall indemnify Becard against claims by third parties arising from a breach of this obligation.

  18. Third-Party Providers, Interfaces and Integrations

    1. The Platform may contain interfaces, integrations or links to third-party services. The terms and conditions and data protection information of the respective third-party provider shall apply exclusively to third-party services.
    2. Becard assumes no responsibility for the availability, function, security, legality, content or services of third-party providers.
    3. Changes, restrictions, price changes or discontinuation of third-party services may affect the use of the Becard services without giving rise to claims against Becard, provided that Becard is not responsible for these circumstances.

  19. Changes to the GTC

    1. Becard reserves the right to amend these GTC insofar as this is necessary or expedient for legal, technical, economic or organisational reasons.
    2. Changes shall be published at https://legal.becard.me or communicated to the customer in an appropriate form.
    3. Continued use of the Platform after the changes take effect shall be deemed consent to the amended GTC, provided that the customer has been informed of this legal consequence and no mandatory statutory provisions conflict with it.
    4. Individual agreements remain unaffected by changes to these GTC, unless expressly agreed otherwise.

  20. Place of Jurisdiction, Arbitration and Applicable Law

    1. These GTC and all contractual relationships between Becard and the customer shall be governed by the law of the Republic of Austria, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods, provided that its exclusion is legally permissible.
    2. For all disputes arising out of or in connection with these GTC, the use of the Platform or the business relationship between Becard and the customer, the courts with subject-matter jurisdiction in Vienna, Austria, shall have exclusive jurisdiction to the extent permitted by law.
    3. For international business transactions, a deviating arbitration agreement under the rules of the International Chamber of Commerce (ICC) or another place of jurisdiction may be agreed in writing. Such deviating provision shall apply only if it has been expressly agreed in writing between the parties.
    4. If a validly agreed arbitration agreement exists, the arbitral tribunal shall decide the dispute finally and bindingly in accordance with the agreed arbitration rules.

  21. Final Provisions

    1. Amendments and additions to individual agreements must be made in writing or in electronic form, unless a stricter form is required by law.
    2. The invalidity or unenforceability of individual provisions of these GTC shall not affect the validity of the remaining provisions.
    3. The parties undertake to replace an invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic purpose of the original provision.
    4. These GTC apply exclusively to business customers. Consumer law provisions, in particular statutory rights of withdrawal, consumer dispute resolution and mandatory consumer protection rights, do not apply to these B2B GTC insofar as the contract is actually concluded with a business customer.
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