General Terms and Conditions with customer information
Table of contents
Scope of application
Conclusion of contract
Right of cancellation
Prices and terms of payment
Terms of delivery and dispatch
Retention of title
Liability for defects (warranty)
Indemnification in the event of infringement of third-party rights
Redemption of gift vouchers
Applicable law
Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company GMUNDNER KERAMIK HANDELS GMBH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer in relation to the goods and/or services contained in the shopping basket by clicking the "Order with costs" button at the end of the ordering process.
2.3 The seller can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 When an offer is submitted via the Seller's online order form, the text of the contract is saved by the Seller and sent to the Customer in text form (e.g. email, fax or letter) after the order has been sent, together with these GTC. In addition, the text of the contract is archived on the seller's website and can be accessed by the customer free of charge via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6 Before submitting a binding order via the seller's online order form, the customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that finalises the ordering process.
2.7 The German language is available for the conclusion of the contract.
2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
2.9 When ordering alcoholic beverages, the customer confirms by sending the order that he has reached the legally required minimum age and undertakes to ensure that either he or a person of legal age authorised by him may take delivery of the goods.
3) Right of cancellation
3.1 Consumers are generally entitled to a right of cancellation.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Various payment options are available to the customer, which are indicated in the seller's online shop right at the beginning of the order process.
4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4.5 If a payment method offered via the "Mollie" payment service is selected, payment will be processed by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: "mollie"). The individual payment methods offered via Mollie are communicated to the customer in the seller's online shop. Mollie may use other payment services to process payments, which may be subject to special payment terms and conditions to which the Customer may be informed separately. Further information on "Mollie" is available on the Internet at https://www.mollie.com/de/.
5) Terms of delivery and dispatch
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the transaction.
5.2 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provision in the seller's cancellation policy shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.
6) Retention of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed and all associated costs and expenses have been paid in full.
7) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. This shall not apply to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
the seller has the choice of the type of subsequent fulfilment;
in the case of new goods, the limitation period for warranty rights is one year from delivery of the goods;
in the case of used goods, the warranty rights are excluded;
the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.
7.2 The aforementioned limitations of liability and shortening of the limitation period shall not apply
to claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the contract is a business-related transaction for both parties within the meaning of Section 343 (2) AT-UGB, the customer shall be subject to the commercial obligation to inspect and give notice of defects pursuant to Section 377 AT-UGB. If the customer fails to fulfil the notification obligations regulated therein, the goods shall be deemed approved.
7.5 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Indemnification in the event of infringement of third-party rights
If, according to the content of the contract, the seller is also responsible for processing the goods according to the customer's specifications in addition to delivering the goods, the customer must ensure that the content provided to the seller for the purpose of processing does not infringe the rights of third parties (e.g. copyrights or trademark rights). The customer shall indemnify the seller against claims by third parties which they may assert against the seller in connection with an infringement of their rights through the contractual use of the customer's content by the seller. The customer shall also assume the reasonable costs of the necessary legal defence, including all court and lawyer's fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.
9) Redemption of gift vouchers
9.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
9.2 Gift vouchers and remaining credit on gift vouchers can be redeemed for an unlimited period of time. Remaining credit will be credited to the customer until the expiry date.
9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
9.8 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.
9.9 If the customer returns the goods paid for in full or in part with the gift voucher within the scope of his statutory right of cancellation, the credit balance will be refunded as a gift voucher.
refunded as a gift voucher. If the gift voucher purchased against payment - without
If the gift voucher purchased against payment is returned - without use - within the scope of the statutory right of cancellation, the purchase price of this gift voucher will be refunded to the customer.
10) Applicable law
The law of the Republic of Austria shall apply to all legal relationships between the parties, excluding the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
11) Alternative dispute resolution
The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Status: 19.12.2025, 02:41:37 a.m.
