Terms of Service - Gasser Sittini Srl
A - 6143 Mühlbachl – Matrei am Brenner
Terms of Service
§ 1 Basic provisions
The general terms and conditions apply to the sale and delivery of goods and the provision of services by our company. Our company delivers the goods and provides the services only within Austria. Of course we accept billing addresses from all over the EU. For orders from other countries, please email us.
By clicking the checkbox in the shopping cart before submitting the order “agree to the terms and conditions.” The buyer agrees to these general terms and conditions and is bound by them. Our range of offers is non-binding. The subsequent confirmation of the receipt of the order in accordance with § 10 Para. 2 ECG does not in itself constitute acceptance of the offer. The purchase contract is only concluded as soon as we deliver the ordered goods, by sending a second email as order confirmation or by other acceptance of the customer offer. All offers on our website are subject to change, non-binding and only available while stocks last.
(1) The following terms and conditions apply to contracts that you conclude with us as a provider via this online shop website. Our general terms and conditions apply exclusively.
(2) Consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.
§ 2 conclusion of the contract
(1) The object of the contract is the sale of goods and services.
(2) Already with the listing of the respective product on our website we submit you a binding offer to conclude a contract under the conditions specified in the article description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time.
After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are forwarded to the respective instant payment system, make the appropriate selection or entry of your data there. Finally, you will be directed back to our online shop on the order overview page.
Before submitting the order, you have the option of reviewing all information here again, changing it (also using the "back" function of the Internet browser) or canceling the purchase.
By submitting the order using the "order with payment" button, you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your inquiries regarding the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, the receipt of the e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
treated with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.
Credit card (Visa / Mastercard)
Instant bank transfer
Klarna installment purchase: With the Klarna financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95). Further information on Klarna installment purchase including the general terms and conditions and the standard European information for consumer loans can be found here.
Klarna invoice: Payable within 14 days of the invoice date. The invoice will be issued when the goods are dispatched and sent by email. You can find the invoice conditions here.
In cooperation with Klarna, we offer the following payment options. The payment is made to Klarna. Please note that these types of calculation are not available in all countries:
(2) Payment via Klarna Checkout
Data protection regulations and treated according to the information in the Klarna data protection regulations.
Klarna checks and evaluates your data and maintains a data exchange with other companies and credit agencies if there is a legitimate interest and reason. Your personal information will be in accordance with the applicable ones
Data protection notice
In cooperation with Klarna we offer you the purchase on account as a payment option. The payment period is 14 days from the invoice date. The invoice is issued when the goods are dispatched and either sent by email or together with the goods. The payment is made to Klarna. Please note that Klarna invoice is only available to consumers. The complete terms and conditions for invoice purchase can be found here.
(1) Payment by invoice via Klarna Germany
§ 3 Special agreements on offered payment methods
§ 5 warranty
(1) There are statutory liability for defects.
(2) As a consumer, you are asked to immediately check the item for completeness, obvious defects and transport damage upon delivery and to inform us and the freight forwarder of any complaints as soon as possible. Failure to do so will have no effect on your statutory warranty claims.
(3) As far as you are an entrepreneur, deviating from the above warranty regulations:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the condition of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide a warranty of our choice through rectification or subsequent delivery. If the rectification of the defect fails, you can request a reduction or withdraw from the contract. The rectification of defects is considered to have failed after a second unsuccessful attempt, unless the nature of the thing or the defect, or other circumstances, results in particular. In the event of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
c) The warranty period from receipt of the goods. If an exchange or an improvement is out of the question (not possible, too much effort, unreasonable, delayed delivery), the buyer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (change). The replacement of (defect) consequential damage, as well as other property damage, pecuniary damage and third party damage against the customer, unless it is a consumer transaction, is excluded.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) Between the contracting parties, insofar as they are legal persons and companies, only Austrian rescht is deemed to have been agreed. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer is not withdrawn (principle of favorability).
(2) The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided that you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Austria or the EU or if your place of residence or habitual residence is not known at the time the lawsuit is filed. The authority to also call the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods explicitly do not apply.
II. Customer information
1. Identity of the seller
Gasser Rodel GmbH
Please always submit complaints and concerns to the following address: email@example.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
Link to the admission requirements: https://www.ombudsmann.at/
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities for correction take place in accordance with the regulations "conclusion of the contract" of our general terms and conditions (part I.)
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. We do not save the complete text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email.
3.3. If you have a request for a quote outside of the online shopping cart system, you will receive all contract data in text form as part of a binding offer, e.g. by email, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Statutory liability for defects
Liability for defects is based on the "Warranty" regulation in our General Terms and Conditions (Part I).
last update: 23.10.2019