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Terms of service

General Terms and Conditions of Business

valid from 08.10.2020

1. SCOPE OF APPLICATION

The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2. CONTRACTING PARTIES, CONCLUSION OF CONTRACT, CORRECTION OPTIONS

The purchase contract is concluded with

"Gans" Ges.m.b.H.

Ameisgasse 65

A-1140 Vienna

Tel.: +43 (1) 914 13 27

fax: +43 (1) 914 14 65

E-Mail: office@gans.at

Company register no.: FN 98358w

UID NO.: ATU 53692801

The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.

When the contract with us is concluded depends on the method of payment you have chosen:

SEPA direct debit, invoice via Klarna, EPS Sofort.

We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.

Apple Pay

In the ordering process, you will be redirected to the website of the online provider Apple. There you can enter your payment details and confirm the payment instruction to Apple. After placing the order in the shop, we will request Apple to initiate the payment transaction and thereby accept your offer.

Credit Card

We accept your order by sending an acceptance notice in a separate email or by delivering the goods within two days.

PayPal

During the order process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After submitting the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

Immediately by Klarna

After placing the order, you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment instruction. This concludes the contract with us.

Cash payment upon collection

We accept your order by sending a declaration of acceptance in a separate e-mail within two days.

3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

The language(s) available for the conclusion of the contract: German

We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

4. DELIVERY CONDITIONS

The delivery takes place within Austria usually within 2 to 5 working days and within the EU usually within 5 to 7 working days.

Shipping costs may be added to the stated product prices. You can find out more about any shipping costs in the offers.

In principle you have the possibility of the collection in our branches to the indicated business hours.

"Gans" Ges.m.b.H, Brandstätte 1-3, 1010 Vienna, Austria,

Mon-Fri 10:00 - 18:30
Sat 10:00 - 17:00

"Gans" Ges.m.b.H, Währingerstrasse 118, 1180 Vienna, Austria,

Mon-Fri 09:00 - 18:00
Sat 09:00 - 13:00

"Gans" Ges.m.b.H, Ameisgasse 65, 1140 Vienna, Austria,

Mon-Fri 09:00 - 14:00

Please inform us at least two working days before your collection, so that we can provide the goods from our warehouse. You can also pay here with Visa, Mastercard, Amex, EC-card and PIN.

5. PAYMENT

In our shop you can generally use the following payment methods:

Credit card (Visa, MasterCard, American Express).

With the submission of the order you give your credit card data. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged immediately after the goods have been dispatched.

SEPA direct debit

With the submission of the order you give us a SEPA direct debit mandate. We will inform you about the date of the account debit (so-called prenotification). With the submission of the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account will be debited after you have received the goods. The period for advance notice of the date of the account debit (so-called prenotification period) is 1 day.

PayPal

During the order process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is automatically carried out by PayPal after the goods have been dispatched. You will receive further instructions during the ordering process.

Immediately by klarna

After placing the order you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account that is activated for online banking, identify yourself accordingly and confirm the payment instruction to us. You will receive further instructions during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

Apple Pay

In order to pay the invoice amount via Apple Pay, you must use the browser "Safari", be registered with the service provider Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.

Purchase on account via Klarna

In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on account as a payment option. Please note that Klarna invoice are only available to consumers and that payment must be made to Klarna in each case. When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The full terms and conditions for purchase on account can be found here. [https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee=0]

Cash payment at pickup

You pay the invoice amount in cash when you pick up the goods.

EPS Sofort, Ideal, Bancontact

Immediately transfer via their usual online banking

6. RESERVATION OF PROPRIETARY RIGHTS

The goods remain our property until full payment.

7. TRANSPORT DAMAGES

If goods are delivered with obvious transport damage, please complain such defects as soon as possible to the deliverer and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

8. WARRANTY AND GUARANTEES

The statutory law on liability for defects shall apply. Information on any additional warranties that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and claims by e-mail at office@gans.at.

9. LIABILITY

For claims based on damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

- in case of injury to life, body or health

- in case of intentional or grossly negligent breach of duty

- in the case of warranty promises, insofar as agreed, or

- insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

10. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are willing to participate in an out-of-court conciliation procedure before a consumer arbitration board. In Austria, the competent arbitration body is the Internet Ombudsman, Margaretenstrasse 70/2/10, 1050 Vienna, e-mail: kontakt@ombudsmann.at, www.ombudsmann.at.

AGB [https://shop.trustedshops.com/de/rechtstexte/] created with the Trusted Shops [https://shop.trustedshops.com/de/] legal text in cooperation with FÖHLISCH Rechtsanwälte [https://foehlisch.com].