GermanEnglish
fossil gapp 510A6296

Terms & Conditions

1. validity

1.1. The following General Terms and Conditions ("GTC") apply to all sales contracts between Gustav Helmut Gapp and a consumer or entrepreneur (hereinafter "contractual partner") in the version valid at the time of the order. 1.2. You can also access or save the General Terms and Conditions at any time at www.fossilien-gapp.at. The terms and conditions must be accepted separately in the ordering process before the conclusion of the legal transaction.
1.3. Any general terms and conditions of the contractual partner are expressly rejected and these only apply if they have been expressly confirmed by us in writing.

 

2. Formation of a contract, storage of the contract text

2.1. The following regulations on the conclusion of a contract apply to orders via our web shop on the website www.fossilien-gapp.at.
2.2. In the event of the conclusion of the contract, the contract with Gustav Helmut Gapp is concluded.
2.3. The presentation of the goods in our online shop does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the contractual partner to order goods. By ordering the desired goods, the contractual partner submits a binding offer to conclude a purchase contract.
2.4. The contractual partner submits a binding contract offer by successfully going through the ordering procedure provided in our online shop.

The order is made in the following technical steps:

  1. Click on "Shop" on the home page
  2. Selecting the product
  3. Select product by clicking "Add to cart".
  4. Check shopping cart
  5. Click on the "Proceed to checkout" button
  6. Entering addresses and payment information
  7. Repeat check or correction of the respective entered data
  8. Binding dispatch of the order by clicking the button "Order with obligation to pay"

2.5. Before submitting the binding order, the contractual partner can return to the website on which the contractual partner’s details are recorded and correct or correct input errors by pressing the “back” button in the internet browser he is using after checking his information Closing the internet browser cancel the ordering process.
2.6. We confirm receipt of the order immediately by an automatically generated email ("confirmation of receipt").
2.7. After the order has been received, we will send you the order data/the text of the contract and our general terms and conditions by e-mail. For security reasons, this text of the contract is no longer accessible via the Internet, but is stored electronically by us.
2.8. The contract is concluded when an order confirmation is sent, but no later than when the ordered goods or services are sent.

 

3. Prices, shipping costs, payment

3.1. The prices quoted are in EURO and include the statutory sales tax and other price components. In addition, there are any shipping costs as well as customs or other import duties. The contractual partner must always bear the shipping costs.
3.2. The contractual partner has the option of paying by credit card or immediate transfer.
3.3. The amount shown in the invoice is due immediately. Discount deductions require a separate agreement. The contractual partner is obliged to pay the invoice amount shown on the invoice within 10 days of receipt of the invoice at the latest, unless the invoice contains a different payment term. Payments by the contractual partner are only deemed to have been made when they are received in our business account. This does not apply if the contractual partner is a consumer.

 

4. delivery

4.1. The delivery of the ordered goods takes place regularly on the dispatch route. 4.2. The delivery takes place on the agreed delivery date or within the agreed service period; otherwise within 30 days to the consumer. The period for delivery begins on the day after the conclusion of the contract. If the end of the period falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next working day.
4.3. The delivery may be delayed for goods that are to be manufactured separately. The contractual partner will be informed about the planned delivery.
4.4. In the case of mail-order sales, the risk of accidental loss and accidental deterioration of the goods passes to the contractual partner as soon as we notify the customer that the goods are ready for dispatch and delivery. If the contractual partner is a consumer, the transfer of risk only takes place when the goods are handed over to him or to a third party specified by him who is not the carrier.
4.5. If a package is obviously damaged upon delivery, the contractual partner must insist that this circumstance is recorded in writing by the deliverer. The contractual partner must notify us in writing (by post or email) of any damage to a product within 3 days.

 

5. Retention of Title

We reserve the ownership of the goods until full payment of the purchase price.

 

6. Right of withdrawal of the consumer

If the contractual partner is a consumer, he has a right of withdrawal.

6.1. Cancellation

Right of Cancellation
You have the right to withdraw from this contract within fourteen days without the need to state any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

In order to exercise your right of withdrawal, you must send us (Gustav Helmut Gapp, Gosauseestraße 9, 4824 Gosau, info@fossilien-gapp.at) 2 a clear statement (e.g. a letter sent by post or an email) about your decision to withdraw this consent to revoke the contract. You can use the attached sample cancellation form for this, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of Cancellation
If you withdraw from this contract, we will reimburse all payments we have received from you, including the costs of supply (with the exception of the additional costs arising from the fact that you have chosen a type of delivery other than that offered by us, cheapest Standard have), and repay immediately latest within fourteen days from the date on which the notification has been received about your cancellation of this contract with us. For this repayment, we use the same method of payment that you used in the original transaction, unless you explicitly agreed otherwise; in any case you will be charged fees for this repayment.
We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier.
You have sent the goods to us or to [here may be the name and address of the person authorized by you to accept the goods insert] to be returned or handed over. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

6.2. Cancellation form for download

Attached you will find the download of these general terms and conditions included Withdrawal form: DOWNLOAD

6.3. Exceptions to the right of withdrawal
There is no right of withdrawal
Goods made to customer specifications or clearly tailored to personal needs.

 

7. Warranty

7.1. The mandatory statutory warranty regulations apply to consumers, in particular the warranty period for movable items is two years and for used goods one year. For entrepreneurs, the warranty period is six months.
7.2. Minor changes or other changes to our performance or delivery obligation that are reasonable for the contractual partner are deemed to have been approved in advance; this applies in particular to deviations caused by the item (e.g. in dimensions, colors, etc.).
7.3. The photographs contained in a product description are only examples. Due to the uniqueness of the products or due to the materials used, there may be a color deviation or a slight difference in size between the actual product and its image on the Internet, which, however, does not entitle the contractual partner to make a complaint.
7.4. A defect does not exist if the goods are defective due to improper use or use contrary to the intended purpose. The information provided by the manufacturer must be observed in particular for proper and intended use.
7.5. In relation to entrepreneurs, the presumption of defectiveness applies
Section 924 ABGB (statutory reversal of the burden of proof) and the right of recourse under Section 933b ABGB are excluded.

 

8. Damages

8.1. If we are responsible for damage, we are only liable for intent and (blatant) gross negligence. If the contractual partner is a consumer, we are also liable for simple gross negligence.
8.2. Any further liability is excluded. In particular, we are also not liable for direct/indirect damage and lost profit.
8.3. Our liability is limited to the amount of the specific contract fee. Any further liability is excluded unless consumer protection regulations provide otherwise.
8.4. We assume no liability for the topicality, correctness, completeness and content of the information provided.
8.5. We assume no liability for late delivery resulting from circumstances beyond our control (e.g. later manufacture by the designer of individual pieces, force majeure).
8.6. We are not liable in the event of allergies or intolerance on the part of the contractual partner to any component of the raw materials used in our products. An allergy or intolerance on the part of the contractual partner does not entitle him to make a complaint.
8.7. If the contractual partner is an entrepreneur, he can no longer assert claims for damages after six months have elapsed from knowledge or the possibility of knowledge of the damage.

 

9. Offsetting, retention

9.1. The right to offset against our claims is excluded. If the contractual partner is a consumer, however, he has the right to offset his liabilities in the event of our insolvency or for counterclaims that are legally related to the consumer's liability, which have been determined by a court or recognized by us.
9.2. The contractual partner does not have a right of retention. This does not apply if the contractual partner is a consumer.

 

10. Shortening over half

The right to contest the contract due to shortening by more than half in accordance with § 934 ABGB (laesio enormousis) is excluded. This does not apply to consumers.

 

11. Applicable law, place of jurisdiction1, place of performance, written form

11.1. Austrian law is exclusively applicable, excluding the conflict of laws and reference norms and the provisions of the UN Sales Convention. For consumers, this choice of law applies with the exception of the mandatory provisions of the law of the consumer's habitual residence.
11.2. The place of jurisdiction for disputes arising from or in connection with the contract or with these General Terms and Conditions between the contractual partner and us is exclusively the competent court at Gustav Helmut Gapp's registered office. Excluded from this are the legally mandatory places of jurisdiction for consumers.
11.3. The place of fulfillment is the seat of Gustav Helmut Gapp.
11.4. Changes and additions to this contract must be in writing, this also applies to ancillary agreements and subsequent changes to the contract, as well as the waiver of the written form requirement.

 

12. contract language

As contract language german will be available exclusively.

 

Privacy Policy

The applicable data protection regulations, in particular the GDPR, are observed. Our data protection declaration and further information can be found on our website at: https://fossilien-gapp.at.

 

14. Severance clause

Should a provision in these GTC be or become invalid, the validity of the other provisions shall remain unaffected. The invalid provision will be replaced by a valid provision that comes as close as possible economically and legally to the provision to be replaced