Terms of service
GENERAL TERMS AND CONDITIONS
General terms and conditions and customer information
§1 Basic terms
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Gerald Rehak trading agency - GeMa Shop, hereinafter referred to as "GeMa Shop") via the website www.stockgehen.at. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we are making you a binding offer to conclude a contract under the conditions specified in the item 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". You can access the "shopping cart" on the "Checkout" page and make changes there at any time using the corresponding button in the navigation bar. After accessing the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again. Before submitting the order, you have the option of checking all the information again, changing it (also using the "back" function of the Internet browser) or canceling the purchase. By submitting the order using the "Buy now" button, you declare your legally binding acceptance of the offer, which creates the contract. If you use an instant payment system (e.g. PayPal, Sofort) as your payment method, you will be redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
(5) Please note that we only sell all products in household quantities. This applies both to the number of products ordered as part of an order and to placing multiple orders for the same product, where the individual orders include a household quantity.
(6) If the goods are not available due to force majeure or product discontinuation or if we are unable to procure the ordered products under reasonable conditions and if these circumstances only occurred after the contract was concluded and are not our responsibility, GeMa Shop is released from the obligation to deliver. If events occur that make delivery significantly more difficult or impossible for us - for example strikes, lockouts, official orders or similar - we are not responsible for delays, even if binding deadlines and dates have been agreed.
§3 Special agreements on payment methods
offered In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna: Instant bank transfer: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited immediately after the order is placed. Using direct debit as a payment method requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check. You can find more information and Klarna's terms of use here. General information about Klarna can be found here. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's privacy policy.
§4 Right of retention, retention of title
(1) You can only exercise the right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition: a) We retain ownership of the goods until all claims from the current business relationship have been settled in full. Before ownership of the reserved goods has been transferred, pledging or transferring ownership as security is not permitted. b) You can resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale; we accept the assignment. You are also authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
§5 Warranty
(1) The statutory liability rights for defects apply.
(2) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to report any complaints to us and the freight forwarder as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.
(3) If you are an entrepreneur, the following applies, deviating from the above warranty regulations:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public praise and statements by the manufacturer.
b) In the event of defects, we will provide a warranty at our discretion by repairing or replacing the item. If the defect cannot be remedied, you can demand a reduction in price or withdraw from the contract at your discretion. The defect is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or other circumstances. In the event of repairs, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- for damages attributable to us caused by culpable injury to life, body or health and for other damages caused intentionally or through gross negligence; - insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness; - in the case of statutory recourse claims that you have against us in connection with rights to defects.
§6 Cancellation policy
CANCELLATION POLICY
Right of cancellation for consumers A consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day,
- on which you or a third party other than the carrier designated by you took possession of the goods, provided that you have ordered one or more goods as part of a single order and these are delivered as a single order;
- on which you or a third party other than the carrier designated by you took possession of the first goods, provided that goods are delivered for regular delivery over a specified period of time as part of an order.
To exercise your right of withdrawal, you must inform
Handelsagentur Gerald Rehak Ferdinand Raunegger Straße 10 9063 Maria Saal E-mail: info@stockgehen.at
by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired. If you make use of this option, we will try to send you a confirmation of receipt of your cancellation immediately (e.g. by email). To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.
Consequences of cancellation
If you cancel this contract, we will refund all payments for the goods purchased that we have received from you, but we will not refund the return shipping costs. This refund will be made immediately and at the latest, subject to the situations mentioned below, within fourteen days from the day on which we received 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 something else was expressly agreed with you. Under no circumstances will we charge you any fees for the repayment. We may refuse to repay until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. To do so, you must return the goods promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You must bear the regular costs of returning the goods if the goods delivered correspond to those ordered. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning. The right of cancellation expires prematurely for contracts - for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery; - for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature; - for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery.
END OF THE CANCELLATION POLICY
§7 General information on returns
Please avoid damaging or contaminating the goods before returning them. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure that you use proper packaging to ensure adequate protection against transport damage. Proper packaging in this case means that the packaging must comply with the terms and conditions of the shipping service provider. If the goods delivered do not correspond to the goods ordered, please contact us before returning the goods at: info@stockgehen.at with the reason for your return request. Never send the goods back to us freight collect, otherwise the parcel service provider will charge high fees, which we must pass on to you. Your right of withdrawal remains unaffected by this regulation.
§8 Liability
GeMa Shop is liable without limitation if the cause of the damage is based on an intentional or grossly negligent breach of duty by GeMa Shop or a legal representative or vicarious agent of GeMa Shop. In addition, GeMa Shop is liable for the slightly negligent breach of essential obligations. Essential obligations are those whose breach endangers the achievement of the purpose of the contract or whose fulfilment enables the proper execution of the contract in the first place and whose compliance you regularly rely on. In this case, however, GeMa Shop is only liable for foreseeable, contract-typical damage. GeMa Shop is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. If GeMa Shop's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§9 Choice of law, place of performance, place of jurisdiction, final terms
(1) Austrian law applies. For consumers, this choice of law only applies insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (favorability principle).
(2) The place of performance for all services arising from the business relationship 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 action is brought. The right to appeal to a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(4) We reserve the right to make changes to our website, rules, conditions including these terms and conditions at any time. Your order will be subject to the general terms and conditions that are in force at the time of your order, unless a change to these conditions is required by law or by official order (in this case they will also apply to orders that you have previously placed).
(5) If individual provisions in this contract, including this clause, are wholly or partially invalid, or if the contract contains a gap, the validity of the remaining provisions or parts of such provisions remains unaffected.
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Customer information
1. Identity of the seller
Gerald Rehak trading agency GeMa Shop
Ferdinand Raunegger Straße 10
9063 Maria Saal
E-mail: info@stockgehen.at
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.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the "Conclusion of the contract" provisions of our General Terms and Conditions (Part I).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. We do not save the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by email.
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. Prices and payment terms
5.1. The prices and shipping costs listed in the respective offers represent total prices. They include all price components including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free delivery has been promised.
5.3. If the delivery is made to countries outside the European Union, additional costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you. You must also bear the costs incurred for the money transfer in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
5.4. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
5.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the item sold during shipping only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. If you are an entrepreneur, delivery and shipping are at your risk.
6.3. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. The delivery address may differ from the billing address.
6.4. On the website itself you will find information on the availability of products sold by GeMa Shop (e.g. on the respective product detail page). As a precaution, we would like to point out that all information on the availability, shipping or delivery of a product is only estimated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly stated as a binding date in the shipping options for the respective product. If GeMa Shop determines that products ordered by you are not available, you will be informed separately. The legal claims of the customer remain unaffected by this.
6.5. If delivery to the customer is not possible because the customer or a person authorized to receive the goods cannot be found at the delivery address provided by them, even though the delivery time was announced to the customer with reasonable notice, the customer will bear the costs for the unsuccessful delivery or return and redelivery.
6.6. For organizational reasons, it is unfortunately not possible to collect the goods yourself. There is no entitlement to this. However, if in individual cases there are such exceptional reasons that standard shipping is not an option, please contact us with such a request. GeMa Shop will then try to accommodate the self-collection as best as possible and to a reasonable extent.
6.7. Unless we have agreed otherwise with you, several items with different delivery times will be sent in one shipment. In this case, the delivery time that applies to the ordered item with the longest delivery time applies to the entire shipment of goods. 6.8. Our packages are sent by parcel service from our warehouse in Austria. Delivery takes place within Austria in 1-2 working days, unless otherwise stated on the respective product page on the website. The delivery period begins on the day after the contract is concluded. In the case of advance payment by online transfer, this is on the business day after receipt of the payment order to the transferring credit institution and in the case of advance payment by means of a receipt-based transfer, this is two business days after receipt of the payment order to the transferring credit institution. The delivery period ends with the expiry of the last day of the period. If the last day of the period falls on a Sunday or a state-recognized public holiday at the place of delivery, the next working day takes the place of such a day.
7. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
last update: 01.10.2024