TERMS AND CONDITIONS
(short conditions) for the purchase of goods in online store at shop.gmundner.at from Gmundner Keramik Manufaktur GmbH, Keramik Straße 24, 4810 Gmunden, Austria (short Gmundner Keramik) E-mail: email@example.com, Tel : + 43 (0) 7612 - 78615 , Fax: +43 ( 0) 7612-78699, VAT Number: ATU21986607, company domiciled in Gmunden, company registration number and court: FN 106718p Wels District Court, Managing Director Jakob von Wolff, member of the Austrian Federal Economic Chamber (version 30.10.2012 ).
and contracts of consumers as well as offers and sales to consumers of goods and products of Gmundner Keramik through the website shop.gmundner.at. Deviating from these conditions or conflicting regulations will not be accepted. Gmundner Keramik offers on the website shop.gmundner.at goods exclusively for the markets Austria, European Union, Switzerland and USA. By submitting the order you guarantee as a consumer to be fully competent, and your true identity or only right data to announce. The sale of goods through this web store is only for end-consumers. Exclusive contract language is German.
2. Contract, purchase order and delivery
The offers on the Internet represent a non-binding invitation to you as a consumer to buy goods. By submitting the order you enter a binding offer to conclude a purchase contract. The delivery of Tenders should be only allowed if you have previously registered yourself at the website shop.gmundner.at, stating your name, your birth date, your address and your e-mail address.
A binding contract is formed solely between you and Gmundner Keramik. After submitting the order, you get an automated created confirmation via e-mail, that Gmundner Keramik has received the order.
NOTE: This confirmation is not an acceptance of the order by Gmundner Keramik!
The terms and conditions you will be sent in electronic form together with the acknowledgment, but also at any time before or after the conclusion it is available on the site shop.gmundner.at. The acceptance of the order by Gmundner Keramik (and the conclusion of a purchase contract) is exclusively by sending the goods. If Gmundner Keramik does not accept your order in a particular case, you will be notified within 5 business days by receiving an order e-mail. Orders are shipped from Gmundner Keramik within 30 days of order. Can‘t Gmundner Keramik the customer's order execute because the goods ordered are not available, Gmundner Keramik will notify you immediately upon becoming aware of this fact. Payments already made will be refunded immediately.
3. Shipping, shipping charges
The shipment will be made by the parcel service / Shipping Company selected by Gmundner Keramik. Delivery dates are not binding, unless they are confirmed by Gmundner Keramik in written form. Damages for late delivery are excluded, in any case, unless caused by intent or gross negligence on the part of Gmundner Keramik. Returned items must be in original packaging and in the same transport-package as the delivery.
Shipping costs for shipment
- Within Austria: EUR 4.00 up to an order of EUR 150.00; at an order value of EUR 150.00 will be delivered free of charge
- to Germany: EUR 4.00 up to an order of EUR 150.00; at an order value of EUR 150.00 will be delivered free of charge
- remaining EU (except GER): 15.00 EUR up to an order of EUR 150.00; at an order value of EUR 150.00 delivery is free for you (freight prepaid)
- Switzerland: EUR 50.00, no freight allowance, DAP: delivery to the customer, import duties paid by the consumer
- USA: EUR 150.00 no freight allowance, DAP: Delivery to the consumer, import duties paid by the consumer, minimum order value of EUR 150.00
The delivery fee is to wear even with partial or complete return of the goods by the customer to Gmundner Keramik by the customer.
4. Price, payment and late payment
The prices at the time of ordering are applying. All prices on the website are subject to change at any time without obligation and amendable. All prices are gross prices, i.e. including the statutory tax on sales. For purchases on shop.gmundner.at we offer the payment options pay on invoice (up to an order of EUR 150.00), Paypal and credit card. In the USA and Switzerland, there is the credit card or Paypal payment option. Gmundner Keramik reserves the right to check the creditworthiness of the purchaser and, if appropriate, exclude the payment on account. If paying on invoice, payment is due on receipt of goods. If payment is not made within 14 days after the due date, the consumer is in default of payment. In this case, collection fees in the amount of EUR 9.00 and the statutory default interest will be charged.
5. Retention of title
The goods are in property of Gmundner Keramik until full payment is confirmed.
6. Warranty and Liability
Gmundner Keramik is liable for defects in accordance with the statutory provisions. Is an improvement of the defect or the replacement of the goods possible, the consumer may not request any reduction in the purchase price, nor withdraw from the contract. Excluded from any warranty are defects which are not in the responsibility of Gmundner Keramik, which are in particular:
- Damage caused by damage or mishandling by the consumer.
- Damage caused by force majeure.
The warranty period are 2 years and start with the delivery of goods. Gmundner Keramik is not responsible for the availability of the website.
7. Right of cancellation Conditions
You can cancel your contract within 14 days without giving reasons in text form (by letter, fax, email) or by returning the items back if the goods are delivered within the deadline. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before fulfilling our information obligations pursuant to Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and our obligations according to § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to: Gmundner Keramik Manufaktur GmbH, Keramik Straße 24, 4810 Gmunden, Austria (Fax: +43 (0) 7612-78699, email: firstname.lastname@example.org).
Consequences of cancellation:
In case of an effective cancellation the mutually received benefits are to be returned and any benefits if necessary (eg interest) surrendered. Can you publish in whole or in part, or return them only in deteriorated condition, the received power, you have to pay compensation. For the deterioration and derived benefits, you must pay compensation only to the extent the use or the deterioration is due to a deal with the matter, beyond testing the properties and functioning. By "testing the properties and functioning" refers to the testing and trying out the goods as it’s possible in retail stores.
In addition, you can avoid the obligation to pay compensation for a determination by the proper use of the thin, by not using the goods as your property and omitting everything, which impairs their value.
Transportable items are to be returned at our risk and cost. Not parcel things we pick from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception.
Exclusion of right of withdrawal:
The right does not apply if the goods have been manufactured according to consumers’ wishes or clearly tailored to personal needs or the goods are not suitable due to their nature for the return.
8. Governing law and jurisdiction
This contract is subject to Austrian substantive law shall apply to the exclusion of its conflict of laws principles and excluding the UN sales law. If the contracting party is a consumer, the mandatory rules of the law of the State in which he has his habitual residence, applicable to this agreement.
For disputes only the justice of the company Gmundner Keramik domiciled in Gmunden is responsible.
If the customer is a consumer within the meaning of the consumer protection act, the jurisdiction of the court is founded, in whose jurisdiction the place of residence, habitual residence or place of employment of the customer.
Your order with details of concluded contract (eg ordered product, price, quantity, etc.) is saved from Gmundner Keramik. All personal data is handled confidentially. The data required for the transaction data is automatically stored and to the extent necessarily passed in the context of order processing necessary to partner companies. Other data, than those which are necessary for processing the contract will not be determined.