Terms and Conditions

 

Terms and Conditions of Gottstein GmbH & Co KG

 

I. Information about us

Gottstein GmbH & Co KG

Bundesstraße 1-3

6460 Imst, Austria

This site is operated by and the goods you purchase will be supplied by Gottstein GmbH & Co KG. We are registered in Innsbruck under company number 18583d and with our registered office at Bundesstraße 1 in Imst, Austria. Our VAT number is ATU 32503706: You can contact us by e-mail at office@gottstein.at, by telephone on +43 5412 662510, by fax on +43 5412 66089 or write to us at Bundesstraße 1, 6460 Imst, Austria. 

II. Your personal Information

We will use your personal information in accordance with our privacy policy which you are able to look up here.

III. Ordering

You may place an order to purchase goods advertised for sale on this website by following the onscreen prompts after clicking on the item you wish to purchase. You will have an opportunity to check and correct any input errors in your order up until the point at which you place your order by clicking the “order with obligation to pay” button on the checkout page.

If you submit an order for goods via this site by clicking the ‘order with obligation to pay’ button, your order is an offer to us to buy the goods you have ordered on this site.

We will acknowledge receipt of your order by sending you an automatically generated e-mail acknowledging your order. This is only an acknowledgement of receipt of your order, and no binding contract will be formed between us unless and until we accept your order by separate e-mail.

The contract will relate only to those specific goods which are referred to in our e-mail confirming our acceptance of your order. You should read and check the details in this e-mail to ensure that they are correct.

If the details in the e-mail  confirming your order are not correct, or if you are not satisfied with the details in the e-mail, please contact us at office@gottstein.at.

The contractual language is English.

Where we accept your order, we have a legal duty to supply goods that are in conformity with these Terms and Conditions.

IV. Price and Delivery Costs

Information displayed on this site relating to pricing is subject to change by us without notice, but those on the site at the time of any order placed will be the prices applicable to that order. Occasionally, an error may occur and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price or at all. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid. However, where the correct price of the goods is less than our stated price, we may (at our discretion) continue with your order and charge the lower amount on dispatch. Unless stated otherwise, all prices include VAT (where applicable) but exclude delivery costs. Delivery costs can be looked up here.They will be notified to you separately before you submit your order and will be confirmed to you by e-mail.

 

V. Availability and Delivery

Information displayed on this site relating to availability is subject to change by us without notice. We cannot guarantee permanent or continuous availability of all products on this site. All orders are subject to availability at all times.

We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order on this site.

Delivery will be made according to the information on the product pages after your order is accepted.

We will use reasonable endeavours to deliver the goods on any specified date we agree, or if no date is specified, within 30 days after the day on which we accept your order. In the case of unforeseen circumstances beyond our reasonable control (for example, adverse weather conditions, unpredictable delays caused by traffic congestion, road works, diversions or mechanical breakdowns, in each case to the extent beyond our reasonable control) we may not be able to deliver the goods within these timescales and we will not be liable for any delay or failure to deliver the goods if the delay or failure is wholly or partly caused by such circumstances. In the event that a delivery does not take place, we and you will agree an alternative delivery date.

We are also not responsible for any delay in delivery caused by the unavailability of someone to take delivery of the products. It is your responsibility to contact the post office or courier company as applicable to arrange the collection or delivery of products that could not be delivered because you were unavailable.

 

VI. Payment

We must receive payment in advance before your order can be processed and the goods

can be dispatched, unless we have agreed otherwise in advance in writing. Payment for

goods can be made by one of the following payment methods:

  • PayPal
  • Credit card
  • Prepayment

 Payment for goods must be made in accordance with the procedure explained in the information page “payment”.

 

VII. Right to Cancel 

It is your right to cancel this contract within fourteen days from the receipt of your order.

To be eligible for a return, you must inform us with written notice via post, fax or e-mail. Our contact data are: (Firma Gottstein GmbH & Co. KG), Bundesstraße 1-3, A-6460 Imst; office@gottstein.at; Tel. +43 5412 66251-0; Fax. +43 5412 66089. You can make use of the attached cancellation-template; however you are free to choose another form.

We accept cancellations that we receive after 14 days if they were sent before the expiration of the cancellation period.

If you revoke this contract, we refund all payments that we received from you including the costs of delivery (except costs that arise from options chosen other than standard delivery). We use the same payment method for the refund as you used for your transaction. We do not charge fees for refunds. We reserve the right to refund the money only after we have received your order.

In case you cancel the contract, you have to organize return of the goods immediately and latest within fourteen days after cancellation. Please return goods to the following address:

Gottstein GmbH & Co. KG
Bundesstraße 1-3
6460 Imst
AUSTRIA

The costs for returns are borne by you

You have to come up for a loss in value, if the goods are not as they were before in terms of functionality, design, and condition.

 

VIII. REFUNDS POLICY

Following cancellation, we will refund you the price paid for the cancelled order (or part of the order cancelled), less any collection or return charges (if any). We will also refund any standard delivery charges paid, or an amount equal to those charges if you elect to use a more expensive delivery method. We will pay the refund within 14 days after the day:

  • You notified us to cancel your order, where you have not received the goods (and the goods have not been dispatched to you) or where we have agreed to collect the goods; or,
  • We receive the goods you returned to us, where you are in receipt of the goods; or
  • You provide us with a proof of return for the goods, where you have returned the goods but we have not yet received them.

We will refund you using the same means of payment as you used to pay for your order. We reserve the right to make a deduction from the amount of the refund for loss in value of the goods returned where the goods show signs of unreasonable use; for these purposes, unreasonable use means handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods, in particular if it goes beyond the sort of handling that might reasonably be allowed in a shop. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods.Without limiting your cancellation rights in Clause 7, if you are not satisfied with a product for  any reason e.g. if it is not what you ordered, it is damaged or defective, or we have delivered an incorrect quantity, please return the product to us. Once we have confirmed the product defect or other problem, we will:

  • Provide a full refund for any product that is not what you ordered;
  • Provide a full refund for any goods that are damaged or defective, if this is within a reasonable time following the sale; or
  • At your option, repair or replace the goods at our cost (including the cost of postage), unless this would not be possible or would be disproportionately costly in the circumstances, in which case we will refund to you the amount paid for the goods in question.

We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for defective goods.

 

IX. Cancellation by Us

We reserve the right to cancel the contract between us if, for example:

  • We have insufficient stock to deliver the goods you have ordered;
  • We do not deliver to your area; or
  • One or more of the goods you ordered was listed at an incorrect price.

If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit or debit card as soon as possible.

 

X. Title and Risk

You will become the owner of the goods you have ordered when they have been delivered to you and we have received clear funds in full payment for the goods. Once goods have been delivered to you or a person nominated by you they will be held at your own risk and you will be responsible for them.

 

XI. Liability

To the extent not prohibited by law, we accept no liability for any:

  • Loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you and we entered into our contract);
  • loss which arises when we are not at fault or in breach of these Terms and Conditions;
  • and
  • business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses, as well as business interruption).

Nothing in these terms will affect any liability we may have: (a) for fraudulent misrepresentation; (b) for death or personal injury arising from our negligence: (c) under Part I of the Consumer Protection Act 1987; (d) for breach of any condition as to title or quiet enjoyment of or in relation to any goods supplied by us; or (e) in relation to any other liability, including any liabilities under sale of goods or supply of services legislation, that may not by applicable law be excluded or limited.

 

XII Events beyond our Control

We will have no liability to you for any delay in delivering goods you have ordered that is caused by any event or circumstance beyond our reasonable control(including, without limitation, accidents, extreme weather conditions, fire, explosion, flood, storm, earthquake, natural disaster, failure of telecommunications networks, inability to use transport networks, acts of God, terrorist attack, war, civil commotion, riots, strikes, lockouts and other industrial disputes, acts or restraints of Government, and imposition of restrictions on imports or exports).

 

XIII. General

If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality or enforceability of any other part of these Terms and Conditions and the remainder of the provision in question will not be affected. No person other than you and us shall have any rights to enforce our agreement, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

If we fail to insist that you perform any of your obligations under our agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. You may not assign or transfer your rights or obligations under our agreement, unless we agree in writing.

We may update, vary and amend these Terms and Conditions from time to time without prior notice. Each time you order or otherwise purchase any goods from us, the Terms and Conditions in force at that time will apply (as set out on this site).

 

XIV. Law and Jurisdiction

These terms are governed by Austrian law. Any contract for the purchase of goods from this site and any dispute or claim arising out of or in connection with any such contract will be governed by Austrian law. You and we both agree that the court of Imst, Austria, will be the place of jurisdiction regardless of the dispute.