GENERAL TERMS AND CONDITIONS
1. General / Scope
The following General Terms and Conditions (hereinafter "GTC") apply exclusively to all business relationships between the customer and Gesa Transporttechnik Ing. Gerhard Sandhofer Gesellschaft mbH (hereinafter "GESA"), unless GESA expressly consents to the validity of deviating, conflicting, or supplementary terms and conditions in writing. GESA operates an online shop at www.gesa.at.
2. Offer and conclusion of contract
Offers, regardless of their form (catalogs, brochures, websites, price lists, etc.), are subject to change unless expressly designated as binding. Information – such as descriptions, dimensions, weights, and illustrations – contained in printed materials and price lists serve only to identify the goods, are only approximate, and do not constitute specifications of quality. The contractual partner's order is only considered accepted upon order confirmation by Gesa, which constitutes a contract. The presentation of goods in the online shop does not constitute a binding offer. The customer can place the respective goods in the virtual shopping cart. This process is non-binding and does not constitute a contractual offer. During the ordering process, the customer must confirm that they have read these terms and conditions of sale and delivery. These terms and conditions of sale and delivery are available at any time via a corresponding link and on the homepage www.gesa.at. Before placing an order, the contents of the order are summarized on an overview page. Input errors can still be corrected before the order process is completed. By completing the ordering process and submitting the order, the customer submits a binding offer to conclude the contract. The contract itself is concluded upon acceptance of the offer by GESA.
3. Prices
Prices are generally ex warehouse unless other terms have been agreed. All prices are net prices (excluding VAT) in euros. Prices are understood to be the pure value of the goods and the current price, excluding any additional services provided by the customer. They are ex works or warehouse plus shipping costs, intermediate storage, etc. VAT at the statutory rate will be charged additionally. All orders for which no fixed prices have been agreed will be invoiced at the prices applicable on the day of delivery.
4. Payment
GESA invoices are due within 30 days of the invoice date. If payment is delayed, interest will be charged at a rate of 4% above the current base interest rate of the Austrian National Bank. Orders under €40 will only be processed against cash or cash on delivery.
5. Retention of Title
GESA reserves title to the delivered goods until the buyer has paid all claims arising from the business relationship and all checks and bills of exchange presented in payment have been fully honored. In the event of a retention of title assertion, the customer undertakes to return the delivered goods; in this case, the remaining debt shall be reduced by the value of the returned goods at the time of return.
6. Delivery time
The delivery time is only approximately agreed. The delivery time begins on the date the order confirmation is sent and is deemed to have been met if the goods have left the warehouse or readiness for dispatch has been notified by the end of the delivery period. Unforeseen obstacles such as force majeure, war, riots, strikes, power outages, difficulties in procuring materials, operational disruptions, transport difficulties, or other delays beyond our control release us from compliance with the agreed delivery period, and the customer is not entitled to compensation if the delivery period is exceeded.
7. Warranty
GESA assumes no liability for defects or damage caused by non-compliance with the respective operating instructions, by natural forces, by incorrect operation or improper use, by force majeure, or similar. The warranty period is six months from delivery. The existence of defects must be proven by the contractual partner. Section 924 of the Austrian Civil Code (ABGB) does not apply. Defects that occur must be reported by the contractual partner immediately, but no later than eight days after delivery, in writing (also by fax or email) with a detailed description; defects that are not immediately apparent must be reported within eight days of their discovery. In the case of a warranty, GESA is entitled to determine the type of warranty (repair, replacement, price reduction, or conversion).
8. Damages, Product Liability
GESA's liability for slight negligence, indirect and consequential damages, and lost profits, as well as liability for property damage due to a defective product, is excluded unless mandatory. The exclusion of liability for commercial property damage pursuant to Section 9 of the Product Liability Act (PHG) must be transferred by the customer to its customers. The customer shall indemnify and hold GESA harmless in this regard.
9. Packaging
Packaging materials are charged at cost unless other terms are agreed upon and are non-returnable. ARA License Number: 3266
10. Return of goods
Ordered and properly delivered goods may only be returned with our express permission. In this case, we will charge at least 10% for pro rata administration costs.
11. Place of performance, choice of law, place of jurisdiction
The place of performance is stated in the order confirmation. If this is not the case, the place of performance shall be Klagenfurt. These contractual provisions shall be governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction shall be the competent court in 9020 Klagenfurt. Commercial Register Number: FN 98761m, Commercial Register Court: Klagenfurt, VAT Number: ATU 25462905.
12. Consumer Protection
If the contractual partner is a consumer within the meaning of the Consumer Protection Act (KSchG), the above contractual provisions shall apply only to the extent that they do not violate mandatory provisions of the KSchG.
13. 5% ONLINE DISCOUNT CONDITIONS
Except for selected products! The 5% online discount is displayed next to the product! Does not apply to special prices. Cannot be combined with other percentage discounts.
14. NOTICE
The photos shown may differ from the original product in individual cases.