General terms and conditions
(T&Cs) for the purchase of goods in all online shops of Gmundner Keramik Handel GmbH, Keramikstraße 24, 4810 Gmunden, Austria (in short: Gmundner Keramik) Email: firstname.lastname@example.org, Tel: +43 (0) 7612 – 78615, Fax: +43 (0) 7612 – 78699, VAT no: ATU49906909, Registered office: Gmunden, Commercial register number and court: FN 145945a Wels regional court, Managing Director: Andreas Glatz. Member of the Austrian Chamber of Commerce.
The German Terms & Conditions apply.
1. Scope of application
The T&Cs apply in the version valid at the time to all orders and contracts concluded by consumers as well as offerings and deliveries to consumers of goods and products of Gmundner Keramik via the gmundner.at, gmundner.ch, gmundner.com websites and all other websites operated by Gmundner Keramik. By placing an order, you as a customer confirm that you have full legal capacity, have provided your true identity and disclosed only correct data. The sale of goods via this web shop is intended only for end consumers. The contractual language is German.
2. Conclusion of contract, order and delivery:
The offerings on the internet represent a non-binding invitation to you as a customer to buy goods. By placing an order, you are making a binding offer to conclude a purchase contract. The submission of offers is only permitted if you have previously registered on the website by providing details of your name, address and e-mail address.
A contractual relationship arises exclusively between you and Gmundner Keramik. After placing an order, you will receive an automatically created e-mail confirmation that Gmundner Keramik has received the order.
You will receive the T&Cs in electronic form together with the confirmation, and these can also be downloaded from the website at any time before or after conclusion of the contract. If Gmundner Keramik does not accept your order in an individual case, you will be notified by e-mail within five working days of receipt of your order. Orders will be dispatched by Gmundner Keramik no later than 30 days after receipt of the order.
3. Deliveries, delivery costs
Deliveries are to be arranged by the parcel service/shipping company selected by Gmundner Keramik. Compensation for damages in the event of delayed delivery is excluded in any case, unless there is intent or gross negligence on the part of Gmundner Keramik.
Delivery fee for shipping:
- Within Austria: EUR 6.90 up to an order value of EUR 150.00; for an order value of more than EUR 150.00, delivery is free of charge
- To Germany: EUR 6.90 up to an order value of EUR 150.00; for an order value of more than EUR 150.00, delivery is free of charge
- Rest of EU (apart from Germany): EUR 16.90 up to an order value of EUR 150.00; for an order value of more than EUR 150.00, delivery is free of charge
- Switzerland and Liechtenstein: under 15kg CHF 60.00; over 15kg CHF 95.00; no freight allowance, delivered duty paid
- United Kingdom: under 15kg EUR 45.00; over 15kg EUR 80.00; no freight allowance, delivered duty paid
- Norway: under 15kg EUR 90.00, over 15kg EUR 160.00; no freight allowance, delivered duty paid
- USA: under 5kg EUR 135.00; over 5kg up to 10kg EUR 175.00; over 10kg EUR 390.00; no freight allowance, delivered duty paid
- Canada: under 5kg EUR 135.00; over 5kg up to 10kg EUR 175.00; over 10kg EUR 315.00; no freight allowance, delivered duty paid
- Australia, New Zealand, China, Japan: under 5kg EUR 160.00; over 5kg up to 10kg EUR 205.00; over 10kg EUR 345.00; no freight allowance, delivered duty paid
- South Korea: under 5kg EUR 160.00, over 5kg up to 10kg EUR 205.00; over 10kg EUR 420.00; no freight allowance, delivered duty paid
The delivery costs are also to be borne by the customer in the event of a partial or complete return of the goods by the customer to Gmundner Keramik due to cancellations (see point 7).
4. Price, payment and default of payment
All prices quoted are gross prices, including the respective statutory sales tax. For purchases, prepayment, instant transfer, PayPal and credit card are offered as payment options. Depending on the destination country, the range of payment methods offered may be limited or extended.
5. Warranty and liability
Gmundner Keramik is liable for material defects in accordance with the statutory provisions.
6. Right to cancellation
EGBGB Annex 1 to Art. 246a § 1 Section 2 Sentence 2. Reference: BGBl. I 2013, 3642 – 3670
You have the right to revoke this contract within fourteen days without providing reasons. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
There is no right of cancellation for goods that have been manufactured according to customer specifications or are tailored to the personal needs of the customer.
In order to exercise your right of cancellation, you must inform us (Gmundner Keramik Handels GmbH, Keramikstraße 24, 4810 Gmunden, Austria, Fax: +43 7612 786 99, Email: email@example.com) of your decision to revoke this contract by making a clear declaration (e.g. a posted letter, fax or email). You can use the attached template cancellation form, but this is not mandatory.
To comply with the cancellation period, it is sufficient that you send notification of exercising your right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you withdraw from this contract, we must reimburse you for all payments that we have received from you, with the exception of delivery costs, immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. You will not, in any case, be charged any fees for this repayment. We may withhold the reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You bear the direct costs of returning the goods. You must return or hand over the goods to us immediately, and in any case at the latest within fourteen days from the day on which you inform us of cancellation of this contract. You meet the deadline if you send the goods before the expiry of the period of fourteen days. Goods that cannot be shipped by parcel will be collected from you.
You only have to pay for any loss of value of the goods if this loss of value is due to unnecessary handling that can be traced to you during a check of the state, properties and functioning of the goods.
Template withdrawal form
(If you want to cancel the contract, please fill out this form and post it.)
To Gmundner Keramik Handels GmbH, Keramikstraße 24, 4810 Gmunden, Austria, Fax: +43 7612 786 99, Email: firstname.lastname@example.org:
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods:
Ordered on (*)/received on (*)
Name of consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
(*) Delete as appropriate.
7. Applicable law and place of jurisdiction:
Austrian substantive law shall apply to this contract to the exclusion of its conflict of law rules and to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the contracting party is a consumer, the mandatory legal provisions of the country in which they have their ordinary residence shall also apply to this contract.
8. Data protection policy:
Your order with details of the concluded contract (e.g. ordered product, price, quantity, etc.) will be stored by Gmundner Keramik. All personal data will, of course, be treated confidentially. Data necessary for business transactions is stored with the aid of automation and passed on to partner companies as part of the order processing, as far as this is absolutely necessary. Data other than that necessary for the execution of the contract will not be collected. We also refer, by the way, to the information on https://www.gmundner.at/de/datenschutz/.