GTC
General terms and conditions and customer information
1. scope of application
2. offers and service descriptions
3. ordering process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. terms of payment
7. reservation of title
8. warranty for material defects and guarantee
9. liability
10. storage of the contract text
11. final provisions
1. scope of application
1.1 The business relationship between Gull + Company GmbH (hereinafter "Seller") and the customer (hereinafter "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
1.3 Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.
2. offers and service descriptions
2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Service descriptions on the seller's websites do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise stated with the products. Errors excepted.
3. ordering process and conclusion of contract
3.1 The customer can select products from the seller's range, for example online courses or card decks, without obligation and collect them in a so-called shopping cart using the "Add to cart" button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to complete the order process within the shopping basket by clicking on the "Continue to checkout" button.
3.2 The customer submits a binding request to purchase the goods in the shopping cart by clicking on the "Order with obligation to pay" button. Before submitting the order, the customer can change and view the data at any time and use the browser function "back" to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 5 working days or has confirmed dispatch to the customer within 3 days with a second e-mail, express order confirmation or sending of the invoice. Acceptance is also effected by a request for payment sent by the seller to the customer and at the latest by completion of the payment transaction. If the seller does not accept the customer's offer within the acceptance period, no contract is concluded and the customer is no longer bound by his offer.
3.4 In the case of customers who are companies, the aforementioned period for dispatch, handover or order confirmation is seven days instead of two.
3.5 If the seller allows payment in advance, the contract is concluded with the provision of the bank details and request for payment. If the payment has not been received by the seller within 7 calendar days of the order confirmation being sent, despite the due date, even after a further request, the seller shall withdraw from the contract with the result that the order shall lapse and the seller shall have no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the item for advance payments is therefore made for a maximum of 7 calendar days.
3.6 The contract shall be concluded in German.
4. prices and shipping costs
4.1 All prices stated on the Seller's website include the applicable statutory value added tax.
4.2 In addition to the stated prices, the seller charges shipping costs for the delivery of some products. The shipping costs are clearly communicated to the Buyer on a separate information page and during the ordering process.
4.3 In the event of a revocation, the customer must bear the direct costs of the return shipment.
Further information on shipping can be found here!
5. delivery, availability of goods
5.1 If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.
5.2 Should the delivery of the goods fail through the fault of the buyer despite two delivery attempts, the seller may withdraw from the contract. Any payments made shall be refunded to the customer without delay.
5.3 If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish a comparable product to be delivered, the seller shall immediately reimburse the customer for any payments already made.
5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description. Delivery times stated by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no or no deviating delivery time is specified for the respective goods in our online store, the delivery time is 7 days.
5.5 In the case of customers who are companies, the transport risk shall pass to the buyer as soon as the seller has handed over the goods to the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment; the specified delivery dates and deadlines are not fixed dates, unless otherwise promised or agreed.
5.6 Delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the seller, the seller does not have to comply with customers who are entrepreneurs, even in the case of bindingly agreed deadlines and dates. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable lead time. The right to postpone the deadline also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of an upstream supplier and cannot be influenced by either the supplier or the seller. For the duration of this hindrance, the customer shall also be released from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, the customer may withdraw from the contract by written declaration after a reasonable period to be set by the customer or by mutual agreement with the seller.
6. payment modalities
6.1 The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available means of payment on a separate information page
6.2 If third-party providers are commissioned with payment processing, e.g. Paypal, their general terms and conditions apply.
6.3 If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory default interest.
6.4 The customer's obligation to pay default interest does not preclude the seller from claiming further damages caused by default.
7. reservation of title
The delivered goods remain the property of the seller until full payment has been made. The buyer is obliged to treat the purchased goods with care as long as ownership has not yet been transferred to him.
8 Warranty for material defects and guarantee
8.1 The warranty (liability for defects) shall be determined subject to the provisions of statutory regulations. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.
8.2 The goods delivered by the seller are only guaranteed if this is expressly stated in the order confirmation.
9. liability
9.1 Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer if the cause of the damage is based on intent or gross negligence on the part of the seller.
9.2 In the event of a breach of material contractual obligations, the seller shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, limb or health.
9.3 The restrictions of paragraphs 9.1 and 9.2 also apply in favor of the legal representatives and vicarious agents of the seller if claims are asserted directly against them.
9.3 The limitations of liability resulting from paragraphs 9.1 and 9.2 shall not apply if the Seller has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the seller and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
10. storage of the contract text
10.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2 The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view the orders you have placed in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.
11. final provisions
11.1 If the Buyer is an entrepreneur, the place of performance shall be the Seller's registered office, subject to other agreements or mandatory statutory provisions. The place of jurisdiction shall also be the Seller's registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Buyer has no general place of jurisdiction in the country in which the Seller's registered office is located. The seller reserves the right to choose another permissible place of jurisdiction.
11.2 In the case of entrepreneurs, the law of the Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this does not conflict with any mandatory statutory provisions.
11.3 The contractual language is German.
11.4 Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.