(GTC for short) for the purchase of goods in the gmundner.atonline shop operated by Gmundner Keramik Manufaktur GmbH & Co KG, Keramikstrasse 24, 4810 Gmunden, Austria (hereinafter referred to as „Gmundner Keramik“), email email@example.com, tel: +43 (0) 7612 – 78615, fax: +43 (0) 7612 – 78699, VAT No.: ATU74662518, registered office Gmunden, commercial register no. and court: FN 517767 Y Wels District Court, managing director Andreas Glatz, member of the Austrian Chamber of Commerce.
The General Terms and Conditions valid on the day an order is placed shall apply for all orders and contracts concluded by the consumer, as well as for all offers and deliveries of Gmundner Keramik products and services to the customer via the gmundner.atwebsite. Any conflicting or deviating terms and conditions of the customer shall not be recognised. The products and services offered by Gmundner Keramik on the gmundner.atwebsite are for the markets Austria, the EU, Switzerland and the USA only. By placing an order you, the customer, warrant that you are legally eligible to enter into a binding contract with Gmundner Keramik, that you are providing your true identity and that all data that you submit is correct. The sale of goods via this online shop is intended for end consumers only. The sole contractual language shall be German.
Conclusion of contract, order and delivery:
The offers on our website represent a non-binding invitation for you, the customer, to place an order with us. By placing an order, you are making a binding offer to conclude a purchase contract. You may only place an order if you have already registered on the gmundner.at website. To register, you are required to provide your name, date of birth, postal address and email address.
The contractual relationship established as a result of placing your order shall be exclusively between you and Gmundner Keramik. Once you have submitted your order, you will receive an automated confirmation email that Gmundner Keramik has received your order.
NB: This confirmation does not constitute acceptance of the order by Gmundner Keramik.
You will receive the General Terms and Conditions in the email with your order confirmation. Our GTC can also be found on the gmundner.at website, where it can be read at any time before or after your order is placed. The acceptance of your order by Gmundner Keramik (and thus the conclusion of a purchase contract) only takes place if we confirm we will send you the goods. In the event that Gmundner Keramik is unable to accept your order, you will be notified by email within 5 working days of our receipt of your order. Orders will be shipped by Gmundner Keramik no later than 30 days after receipt of the order. If Gmundner Keramik is unable to fulfil your order due to the ordered goods not being available, Gmundner Keramik will inform you of this as soon as it becomes aware of the situation. Any payments already made shall be refunded immediately.
We ship our products using selected parcel service and shipping companies. Delivery dates are always non-binding, unless they have been confirmed in writing by Gmundner Keramik. Compensation for damages due to late delivery is excluded, except in cases of wilful intent or gross negligence on the part of Gmundner Keramik.
Flat rate shipping costs:
- Austria:€ 4.00for orders less than € 150; free delivery for orders of € 150.00 or more.
- Germany:€ 4.00for orders less than € 150; free delivery for orders of € 150.00 or more.
- Rest of the EU (except Austria andGermany): € 15.00for orders less than € 150; free delivery for orders of € 150.00 or more delivery.
- Switzerland, Liechtenstein: € 50,no freight free limit, delivery DAP, import taxes are paid by the customer.
- USA, Canada: € 150, no freight free limit, delivery DAP, import taxes are paid by the customer.
The flat rates for shipping costs listed shall also apply for the return of goods, partial or complete, to Gmundner Keramik, which shall be borne by the customer.
Price, payment and default of payment
The prices listed at the time the order is placed shall apply. All prices listed on the website are non-binding and subject to change at any time. All prices listed are gross prices and therefore include the relevant statutory value added tax. For purchases made via gmundner.at, the payment methods accepted in Austria and Germany are Sofortüberweisung, PayPal and credit card. For our customers in the US and Switzerland, we accept credit card and PayPal.
Retention of title
The goods shall remain the property of Gmundner Keramik until full payment is received.
Warranty and liability
Gmundner Keramik shall be liable for material defects in accordance with the statutory provisions. In the event it is possible to rectify the defects or offer a replacement, the customer shall not be entitled to a reduction in the purchase price or to withdraw from the contract. Defects for which Gmundner Keramik is not responsible shall be excluded from any warranty. This includes:
- Damage for which the customer is at fault or caused by improper use by the customer
- Damage caused by force majeure
The warranty period shall be 2 years and shall commence on the date the goods are handed over. Gmundner Keramik shall assume no liability for the availability of the website
Right of withdrawal
Introductory Act to the Civil Code (EGBGB) Appendix 1 to Art. 246a § 1 para. 2 clause 2. Reference: Federal Law Gazette (BGBl ) I 2013, 3642 – 3670.
You have the right to cancel this contract within fourteen days without giving reason.
The cancellation period shall be fourteen days from the day on which you or a third party named by you, who is not the delivery agent, received the goods.
To exercise your right of withdrawal, you must notify us (Gmundner Keramik Manufaktur GmbH & Co KG, Keramikstraße 24, 4810 Gmunden, Austria, fax: +43 7612 786 99, email firstname.lastname@example.org) in writing (e.g. via letter, fax or email) with an unequivocal declaration of your decision to cancel your order. You can use the cancellation form provided, but this is not mandatory.
In order to comply with the cancellation deadline, you are required to send your notification regarding your exercise of the right of cancellation before the cancellation period expires.
If you cancel your order, we shall repay all the payments that we received from you, including shipping costs (with the exception of additional costs that arise from you choosing a shipping option that is more expensive than the standard delivery offered by us) without delay, but no later than 14 days from the day on which we received notification of your cancellation of the order. For the refund, we shall use the same payment method that you used in the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged any fees for this repayment. We shall be entitled to withhold the repayment until we have received the goods back or until you have furnished evidence that you have returned the goods to us, whichever comes first.
Goods that can be sent as parcels shall be returned at our risk and cost. You must return or hand over the goods to us without delay, but no later than fourteen days from the date on which you inform us of the cancellation of the order. To comply with the deadline, you are required to send back the goods to us before the 14-day return period has expired. Goods that cannot be sent as parcels will be collected from you.
You shall only liable for any diminished value of the goods if this loss in value is due to handling that is deemed beyond that which is necessary to check the condition, features and functionalityof the goods.
To return an item or items purchased from our online shop, please fill out this form and send it back to us.
To: Gmundner Keramik Manufaktur GmbH & Co KG, Keramikstraße 24, 4810 Gmunden, Austria, fax: +43 7612 786 99, email email@example.com:
I/we (*) hereby cancel the order placed by me/us (*) for the purchase of the following goods:
Ordered placed on (*) / received on (*)
Name of the customer (s)
Address of the customer (s)
Signature of the consumer (s) (only for paper notification)
(*) Deleteas appropriate.
Applicable law and jurisdiction:
This contract shall be subject to Austrian substantive law to the exclusion of its reference provisions and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. If the contractual partner is a consumer, this contract shall also be subject to the mandatory legal provisions of the country in which he or she has habitual residence.
In case of disputes, the sole place of jurisdiction shall be our registered office in Gmunden.
If the customer is a consumer as defined by the Consumer Protection Act (KSchG), the court of jurisdiction shall be the court in whose judicial district the customer lives, habitually resides or works.
Your order, along with details of the contract concluded (e.g. items ordered, price, quantity, etc.) shall be stored by Gmundner Keramik. All personal data we collect shall be treated as confidential. The data that is required to process your order shall be saved automatically and shall only be forwarded to our partner service providers where this is absolutely necessary for the processing of the order. No data other than that which is necessary to process your order shall be passed on.