Terms and conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts concluded between the provider and the customer via the provider's online shop. Unless otherwise agreed, the inclusion of the customer's own terms is objected to.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor to their self-employed professional activity.

(3) The contract language is German. The text of the contract is stored by the provider. However, this storage is only for a limited period, and the customer must therefore arrange for a printout or separate storage themselves.

(4) Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions shall not be affected.

§ 2 Subject matter of the contract

The subject matter of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the article description and the supplementary information on the provider's website.

§ 3 Conclusion of the contract

(1) The provider's offers of goods on the internet do not constitute a binding offer to conclude a purchase contract, but an invitation to place an order (purchase offer by the customer).

The customer can submit their purchase offer via the online ordering system.

The following applies to purchases via the online shop system:

The goods intended for purchase are placed in the "basket". Using the corresponding button in the navigation bar, the customer can call up the "basket" and make changes there at any time. After calling up the "checkout" page and entering the personal details as well as the payment and shipping terms (accessible via the "shipping and payment method" tab), all order data is displayed once again at the end. Before sending the order, the customer has the opportunity to check all details again, to change them (also using the "back" function of the internet browser) or to cancel the purchase. By sending the order using the corresponding button, the customer submits a binding offer to the provider. The customer first receives an automatic email confirming receipt of their order, which does not yet constitute the conclusion of a contract (confirmation of receipt).

(2) The use of permitted instant payment methods by the customer does not yet lead to the conclusion of a contract, despite payment of the purchase price or fee. The offer is accepted (and the contract thereby concluded) by dispatch of the ordered goods.

If the customer has received no confirmation or notification of delivery and no goods within 14 days of receipt of payment, they are no longer bound by their order. Any payments already made will in this case be refunded without delay.

Gössl reserves the right to make partial deliveries through several Gössl stores.

§ 4 Prices, shipping costs

(1) The prices stated in the respective offers as well as the shipping costs are final prices. They include all price components including all applicable taxes.

(2) The shipping costs incurred are not included in the purchase price; they can be called up via the "shipping and payment method" tab, are shown separately during the ordering process and are to be borne additionally by the customer, unless free delivery has been promised.

§ 5 Payment and shipping terms

(1) The terms for payment and shipping can be found under the following "shipping and payment method" tab in the navigation.

(2) Should a product ordered by the customer, contrary to expectations, be unavailable for reasons beyond the provider's control despite the timely conclusion of an adequate covering transaction, the customer will be informed of the unavailability without delay and, in the event of withdrawal, any payments already made will be refunded without delay.

(3) As a consumer, the customer is asked to check the goods on delivery immediately for completeness, obvious defects and transport damage, and to notify the provider and the carrier of any complaints as soon as possible. The customer's warranty claims remain unaffected by this.

Insofar as the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods during dispatch passes to the customer only upon handover of the goods by the commissioned transport company, irrespective of whether the dispatch is insured or uninsured.

If the customer is not a consumer, delivery and dispatch are at their risk.

(4) The provider reserves the right to exclude individual payment methods. If the payment method of advance payment is chosen, the provider will notify the customer of the bank details. The invoice amount is to be transferred within 14 days of notification of the account. The customer may exercise a right of retention only insofar as the claims result from the same contractual relationship. If payment is not received in the provider's account within the period, the provider reserves the right not to execute and not to accept the order.

(5) The customer may exercise a right of retention only insofar as the claims result from the same contractual relationship.

§ 6 Return costs upon exercise of the right of withdrawal

In the event of the exercise of the statutory right of withdrawal applicable to consumers in the case of distance contracts, it is agreed that the customer shall bear the regular costs of the return if the price of the goods to be returned does not exceed an amount of 40 euros, or if, in the case of a higher price of the goods, the customer has not yet rendered the consideration or a contractually agreed part payment at the time of withdrawal, unless the goods delivered do not correspond to those ordered. In all other cases the provider bears the costs of the return.

§ 6a Voluntary right of return

In addition to the statutory right of withdrawal, the provider grants consumers a voluntary right of return of 30 days from receipt of the goods for orders placed in the online shop. Within this period, unworn goods with all labels attached may be returned without giving reasons; the refund is made to the original means of payment. The statutory right of withdrawal remains unaffected by this voluntary right of return.

§ 7 Set-off, right of retention

(1) The customer is entitled to a right of set-off only if the counterclaim is undisputed, has been legally established or has been recognised by the provider.

(2) The customer may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.

§ 8 Warranty

(1) The statutory provisions apply.

However, withdrawal from the contract by the customer is excluded in the specific individual case that the goods show gross hygienic soiling caused by the customer.

(2) In the case of defects, the provider provides warranty at its option by rectification or replacement delivery. If the remedy of the defect fails twice, the customer may at their option demand a reduction in price or withdraw from the contract. In the case of rectification, the provider does not have to bear the increased costs arising from the renewed delivery of the goods to a place other than the place of performance.

(3) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damage attributable to the provider arising from injury to life, body or health, and to damage caused by gross negligence or intent or by wilful deceit on the part of the provider, nor to claims of recourse under the statutory provisions.

§ 9 Retention of title

(1) The goods remain the property of the provider until the purchase price has been paid in full. In the event of default of payment, the goods subject to retention of title are to be returned to the provider at the customer's expense within 3 days at the latest of the provider's request. The customer bears the transport risk.

§ 10 Data protection provisions

(1) This website uses Google Analytics, a web analytics service of Google Inc. (Google). Google Analytics uses so-called cookies, text files that are stored on your computer and that enable an analysis of your use of the website. The information generated by the cookie about your use of this website (including your IP address) is transmitted to and stored on a Google server in the USA. Google will use this information to evaluate your use of the website, to compile reports on website activity for website operators and to provide further services connected with website use and internet use. Google may also transfer this information to third parties where required to do so by law or insofar as third parties process this data on Google's behalf. Google will under no circumstances associate your IP address with other data stored by Google. You can prevent the installation of cookies by setting your browser software accordingly; we point out, however, that in this case you may not be able to use all the functions of this website to their full extent. By using this website you agree to the processing of the data collected about you by Google in the manner described above and for the purpose named above.

(2) These internet pages use plugins of the social network facebook.com, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). If you call up pages of our internet presence that are provided with such a plugin, a connection to the Facebook servers is established and the plugin is displayed on the internet page by notification to your browser. This transmits to the Facebook server which of our internet pages you have visited. If you are logged in as a member of Facebook at the time, Facebook assigns this information to your personal Facebook user account. When using the plugin functions (e.g. clicking the "Like" button, submitting a comment), this information is also assigned to your Facebook account, which you can prevent only by logging out before using the plugin. Further information on the collection and use of data by Facebook, on your rights in this respect and on options for protecting your privacy can be found in Facebook's data protection notices.

In the initiation, conclusion, performance and reversal of a purchase contract, data is collected, stored and processed by the provider within the framework of the statutory provisions.

The provider passes personal data on to the shipping company commissioned with the delivery insofar as this is necessary for the delivery of the goods. For the processing of payments, the provider passes the payment data on to the shipping company commissioned with the payment.

The provider assures that it does not otherwise pass the customer's personal data on to third parties, unless the provider is legally obliged to do so, or the data serves the recovery of the provider's claims, or the customer has expressly consented in advance. Insofar as the provider makes use of the services of third parties for the execution and handling of processing operations, the provisions of federal data protection law are complied with.

Personal data communicated to the provider via its website is stored only until the purpose for which it was entrusted to the provider has been fulfilled. Insofar as retention periods under commercial and tax law are to be observed, the duration of storage of certain data may be up to 10 years.

Should the customer no longer agree to the storage of their personal data, or should this data have become incorrect, the provider will, upon a corresponding instruction and within the framework of the statutory provisions, arrange for the deletion, correction or blocking of the customer data. On request, the customer will receive free information about all personal data that the provider has stored about the customer. For questions on the collection, processing or use of the customer's personal data, and for information, correction, blocking or deletion of data, the customer should contact Gössl Gwand GmbH, Plainbachstr. 4, 5101 Bergheim, Austria.

Insofar as the provider refers or links from its internet offering to the web pages of third parties, the provider can assume no warranty or liability for the accuracy or completeness of the content and the data security of these websites. As the provider has no influence on compliance with data protection provisions by third parties, the customer should examine the respective privacy policies offered separately.

§ 11 Liability

(1) The provider is liable without limitation for damage arising from injury to life, body or health, insofar as it fraudulently conceals a defect or has assumed a guarantee for the condition of the object of purchase, in all cases of intent and gross negligence, for damage under the Product Liability Act or insofar as otherwise mandatorily prescribed by law.

(2) Insofar as essential obligations under the contract are affected, the breach of which jeopardises the achievement of the purpose of the contract, the provider's liability in the case of slight negligence is limited to the damage typical of the contract and foreseeable.

(3) In the case of the breach of non-essential contractual obligations, liability for slightly negligent breaches of duty is excluded.

(4) According to the current state of technology, data communication via the internet cannot be guaranteed to be free of errors and/or available at all times. In this respect, the provider is liable neither for the constant nor for the uninterrupted availability of the website and of the service offered there.

§ 12 Choice of law, place of performance, place of jurisdiction

(1) Austrian law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law applies only insofar as it does not withdraw the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).

(2) In the event of disputes arising from the orders placed and deliveries made, the exclusive jurisdiction of the court with subject-matter competence in the provincial capital of Salzburg applies.

Salzburg, 13.2.2018