- Offers and service descriptions
- Order process and conclusion of contract
- Prices and shipping costs
- Delivery, product availability
- Terms of payment
- Reservation of title
- Warranty for material defects and guarantee
- Data protection
- Transfer of risk/right of return
- Amendment of the GTC
- Place of jurisdiction, applicable law, contract language
1.1. For the business relationship between Gleichweit-GmbH, owner: Johannes Gleichweit, Tolstojgasse 5/7, 1130 Vienna (hereinafter referred to as "seller") and the customer (hereinafter referred to as "customer"), the following general terms and conditions shall apply exclusively in the version valid at the time of the order.
1.2. You can contact our customer services for questions, complaints and objections by e-mail at firstname.lastname@example.org.
1.3. A consumer as defined by these GTC is any natural person who concludes a legal transaction for a purpose which can for the most part neither be attributed to their commercial nor their independent professional activity (§ 13 BGB).
1.4. Any terms and conditions of the customer which deviate from these shall not be recognized unless the seller explicitly agrees to their validity.
2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues and on the websites of the seller do not have the character of an assurance or guarantee.
2.2. All offers are valid "while stocks last", if not otherwise noted on the products. Errors are reserved in other respects.
3. Order process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and gather them in a so-called shopping cart via the button [add to shopping cart]. The product selection can be modified, e.g. deleted, within the shopping cart. The customer can then use the [proceed to checkout] button within the shopping cart to complete the order process.
3.2. The customer submits a binding order to purchase the goods in the shopping cart by clicking on the button [commit to payment]. Prior to submitting the order, the customer can modify or review the data at any time, return to the shopping cart using the "back" browser function, or cancel the entire order process. Required fields are marked with an asterisk (*).
3.3. The seller shall then send the customer an automatic acknowledgement of receipt by e-mail in which the customer's order is listed once again and which the customer can print using the "Print" function (order confirmation). The automatic acknowledgement of receipt simply documents that the customer's order has been received by the seller and does not constitute acceptance of the order. The purchase contract is only concluded when the seller has dispatched the product as ordered to the customer within 3 days, has handed it over or has confirmed the dispatch to the customer within 3 days through a second e-mail, explicit order confirmation or dispatch of the invoice.
3.4. If the seller permits an advance payment, the contract is concluded with the provision of the bank details and payment request. In case the seller has not received the payment within 10 calendar days after dispatch of the order confirmation despite the payment being due and even after a renewed request, the seller shall withdraw from the contract with the consequence that the order is void and the seller has no obligation to deliver. The order shall then be deemed to be cancelled without further consequences for the buyer and seller. The item will therefore be reserved for a maximum of 10 calendar days for advance payments.
4. Prices and shipping costs
4.1. All prices which are indicated on the seller's website are inclusive of the applicable statutory VAT.
4.2. The seller also charges shipping costs for the delivery in addition to the indicated prices. The buyer will be clearly informed of the shipping costs during the ordering process.
5. Delivery, product availability
5.1. Insofar as advance payment has been agreed, delivery shall take place after receipt of the invoice amount.
5.2. If the delivery of the goods should fail despite three delivery attempts through the fault of the buyer, the seller can withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.3. The seller is entitled to withdraw from the contract if the ordered product is not available as a result of the seller not being supplied with this product by their supplier through no fault of their own. The seller shall inform the customer immediately in this case and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller shall immediately refund any payments already made to the customer.
6. Terms of payment
6.1. The customer can choose from the available payment methods during and before completion of the order process.
6.2. If payment by invoice is an option, such a payment must be made net without deduction immediately upon receipt of the goods and invoice.
6.3. If third party providers are commissioned with the processing of payments, e.g. PayPal, their general terms and conditions shall apply.
6.4. If a time for payment has been specified by reference to the calendar, the customer shall be in default if the payment date is missed. In this case the customer has to pay the default interest at the statutory rate.
6.5. The customer's obligation to pay default interest does not exclude the seller from claiming for any further losses caused by the delay.
6.6. The customer shall have the right to offset costs only in the event that their counter-claims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
7. Reservation of title
The delivered goods shall remain the property of the seller until full payment has been made.
8. Warranty and guarantee
8.1. Warranty claims shall be subject to Gleichweit-GmbH being notified immediately of any defects, i.e. visible defects as soon as the goods are handed over, hidden defects as soon as they are discovered and upon presentation of the opened goods and original invoice.
8.2. In any case, a warranty claim is limited to the purchase price of the delivered and defective goods.
8.3. The customer, insofar as they are a consumer, can request improvement, replacement of the goods, a reasonable price reduction or nullification in the event of a defect at their discretion and in compliance with the statutory provisions.
8.4. The guarantee only applies to merchandise delivered by the seller if it has been explicitly issued.
9. Data protection
Data that is necessary for the business transaction will be stored in compliance with the GDPR and treated confidentially. Gleichweit-GmbH hereby points out that all data required for processing orders shall be processed and stored in order to ensure a smooth ordering process. The provisions of the regulations listed under "Data protection" also apply.
10. Transfer of risk/right of return
Use and risk shall pass to the buyer as soon as the goods are delivered insofar as the buyer is a consumer within the meaning of the Consumer Protection Act. Should the buyer, however, have concluded the transport contract themselves, the risk shall be passed on when the goods are handed over by Gleichweit-GmbH to the shipper.
Gleichweit-GmbH shall take back goods purchased from Gleichweit-GmbH against reimbursement of the full purchase price under the following conditions:
The return must take place within 14 days from receipt of the goods by the buyer in the original packaging, undamaged and upon presentation of the original invoice. The refund will be made at the price valid at the time of the original purchase. The purchase price will be refunded in the form of a credit note.
Damaged, scratched goods cannot be accepted back.
11.1. The following liability exclusions and limitations shall apply to the seller's liability for damages, without prejudice to the other statutory conditions for claims.
11.2. The seller is liable without limitation to the extent that the cause of the damage is based on intent or gross negligence.
11.3. The seller shall also be liable for minor negligent breaches of fundamental duties, the breach of which endangers the attainment of the contractual purpose, or for breaches of duties, the fulfillment of which is essential for the proper performance of the contract and on the compliance with which the customer regularly relies. However, in this case the seller shall only be liable for the foreseeable damage typical of the contract. The seller is not liable for minor negligent breaches of duties other than those mentioned in the preceding sentences.
11.4. The limitations of liability stated above shall not apply in the event of injury to life, limb or health, in the event of a defect after acceptance of a guarantee for the quality of the product and in the event of defects which have been fraudulently concealed. Liability under the Product Liability Act remains unaffected.
11.5. To the extent that the liability of the seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
12. Amendment of the GTC
The operator reserves the right to change the general terms and conditions at any time. Such changes shall not apply to orders already placed. The respective valid GTCs are recognized when an order is placed.
13. Place of jurisdiction
District Court of Vienna, Austria. Austrian law shall apply to all differences of opinion and legal disputes which may arise in connection with the business relationship.