General Terms and Conditions
All deliveries and services provided to customers by GMG Vertriebs GmbH (FN 156767 s), which has its registered office in St. Veit an der Glan (hereinafter referred to as the "Company"), are provided exclusively on the basis of the following General Terms and Conditions in the version valid at the time of the order.
Conclusion of contract / possibility of correction
For services provided by the Company, the order placed is recorded in an order form or delivery bill. The services to be provided are precisely described therein. The customer receives a copy.
The customer's order for the delivery of goods or services constitutes an offer. A contract is only concluded after acceptance on our part. The customer will be notified of our acceptance, e.g. by e-mail.
As soon as the order process in our web shop is completed, the customer will be notified of this by means of an information window. This does not constitute an acceptance of the customer's offer on our part.
When we receive an order in our web shop, the customer will be notified of the receipt of his order via the e-mail address he has provided. This notification does not constitute an acceptance of the customer's offer on our part. The customer is bound to his order for two (2) days from our receipt of this order. The statutory right of cancelation (right of withdrawal) remains unaffected.
Unless otherwise agreed, the contract language is German.
Storage of the contract
The contract text is stored by us and can be requested by the customer after completion of the ordering process. The customer can print the order data immediately after submission. For this purpose, either the subsequent page "Your order" or the e-mail "Acknowledgement of receipt" can be used.
Place of performance
The place of performance for all services under the contract is our registered office in A-9300 St.Veit an der Glan.
Prices and shipping costs
Unless otherwise agreed, prices are quoted packed, ex works.
All prices in the web shop are total prices. They are inclusive of all taxes including VAT and duties but exclude shipping costs. The shipping costs can be found in our shipping costs overview. In case of delivery to a non-EEA country, the customer bears all expenses including any customs duties, fees and charges.
If prices which are expected to be charged for services are announced by the Company, verbally or in writing, the following applies: Cost estimates are not guaranteed, unless a binding price is agreed separately, within the meaning of § 5 para 2 KSchG. Should the stated costs be exceeded, as far as possible, the Company must notify the customer in advance. The Company and the customer must then mutually determine the further course of action.
The Company must, as far as possible, meet agreed deadlines for completion / delivery. If unforeseen circumstances arise which make it impossible to meet the deadlines, the Company will specify a new date for the service / delivery and, as far as possible, inform the customer of any delays.
Due date / prepayment
If no other method of payment has been agreed, the customer undertakes to pay the purchase price in full upon conclusion of the contract, when ordering goods from the web shop. The delivery of the goods takes place only after receipt of the due amount in our bank account.
If later payment has been agreed, the customer must pay the final amount according to the invoice immediately and without deduction upon receipt thereof. The Company is also entitled to demand a reasonable advance payment when placing the order.
Offsetting against claims of the Company are only permitted in relation to counterclaims that have been established by a court or expressly recognized in writing.
Even if the contractual partner is not at fault, the Company is entitled to charge default interest at the statutory rate; this does not affect claims for compensation for demonstrably higher rates of interest in the event of default in payment for which the Company is at fault.
Warranty / liability
The provisions regarding the statutory warranty apply. If the customer is an entrepreneur, the obligation to notify defects according to the Austrian Commercial Code (UGB) applies.
Claims for damages in cases of slight negligence are excluded.
Default of acceptance
If the customer is in default of acceptance, we are entitled to store the goods on our premises, for which we may charge a reasonable storage fee per calendar day or part thereof. At the same time, we remain entitled to insist on performance of the contract.
Retention of title
The goods remain the property of the Company until full payment. In the event of default of payment by the customer, the Company is entitled to assert the rights arising from the retention of title without delay. It is agreed that the assertion of retention of title does not constitute withdrawal from the contract, unless withdrawal from the contract is expressly declared.
If goods are delivered with obvious damage to the packaging or contents, the customer must immediately complain to the carrier/freight service and refuse acceptance. In addition, we must be contacted immediately. The goods must be checked for damage immediately upon receipt. If damage is found, this must be reported to us immediately.
When placing an order, the customer has agreed to receive messages from our Company about our products, current offers and other company-related information by means of promotional e-mail, in particular newsletters. The customer may withdraw his consent to receive such e-mails at any time by returning an e-mail to the sender's address with the note "Please do not send any further promotional e-mails" or directly with the message by means of the attached link.
Right of cancelation for consumers
Consumers have the right to cancel the contract with GMG Vertriebs GmbH within fourteen (14) days without giving any reason.
The cancelation period is:
1. In the case of a purchase contract, fourteen (14) days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods;
2. In the case of a contract for several items which the consumer has ordered as part of a single order and which are delivered separately, fourteen (14) days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the last goods;
3. In the case of a contract for the delivery of goods in several partial shipments or pieces, fourteen (14) days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or piece.
To exercise your right of cancelation, you must contact us
GMG Vertriebs GmbH,
Handelsstraße 11 | 9300 St.Veit/Glan | Austria
Tel: +43 4212 28311
E-Mail: [email protected]
by means of a clear statement (e.g. a letter sent by mail, telephone, fax or e-mail) concerning your decision to cancel this contract. You can use the model cancelation form below for this purpose. However, this is not mandatory. If you make use of this option, we will immediately send you confirmation of receipt of such cancelation (e.g. by e-mail).
In order to comply with the cancelation period, it is sufficient that you send the notification of the exercise of the right of cancelation before the expiry of the cancelation period.
Consequences of cancelation
If you cancel the contract, we will reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you chose a type of delivery other than the most favorable standard delivery offered by us), without undue delay and within no later than fourteen (14) days from the date on which we received the notification of your cancelation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. If you already received goods in connection with the contract, you must return the goods to the sender's address immediately and in any case within no later than fourteen (14) days from the date on which you notify us of the cancelation of this contract. Please send the item back to us properly packaged, if possible complete and including accessories, in the original packaging. The deadline is met if you send the goods before the deadline of fourteen (14) days. In the case of goods that can be sent by parcel post, you must bear the direct costs of the return shipment. In the case of large appliances and goods that cannot be sent by parcel post, please contact us before returning the goods so that this can be organized.
If the customer is an entrepreneur, cancelation is completely excluded.
Issue date: August 2022