These general terms and conditions of the company GERNATY eU apply to all sales of our products within our sales system. We are entitled to change these terms and conditions at any time. In this case, they only apply to the customer from the point in time at which they were verifiably made known to him.
§ 1 - Provider, inclusion of the General Terms and Conditions
- (1) Vendor and contractual partner for the goods presented in the "GERNATY eU" online shop at http://www.gernaty.com is Natalie Opperer, Unterer Porst 43, 6850 Dornbirn, Vorarlberg, Austria (hereinafter referred to as "vendor").
(2) These general terms and conditions are part of every contractual agreement between the provider and the respective customer. Conflicting terms and conditions of the customer are contradicted.
§ 2 – Offer of goods and conclusion of contract
(1) The provider offers the items presented in the online shop for sale. The color of the items on the website may vary slightly depending on the internet browser used and the customer's monitor settings; these deviations are technically never completely avoidable.
(2) Goods selection, contract conclusion and contract processing are carried out in German or English. Spelling and grammatical errors in English are possible.
The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
(4) Retention of title: The delivered goods remain the property of the seller until full payment has been made.
(5) The provider delivers within Austria and to all other countries of the European Union and Switzerland. Possible shipping costs are shown in the shopping cart.
(6) The customer selects the desired goods by either placing them in the "shopping cart" using the "Add to shopping cart" button and continuing the purchase, or by completing the article selection with the "Buy" button. After entering his personal data and the desired method of payment, the customer can transmit his order request to the provider with binding effect by clicking on the "Conclude order" button. Until the order has been sent, the customer has the option at any time to view and change the data specified in the order or to cancel the order completely.
(7) The provider submits a binding purchase offer for the goods presented in the online shop. The acceptance of the purchase offer by the customer depends on the method of payment that the customer chooses: If the customer chooses to pay in advance by normal bank transfer, the contract is concluded as soon as the order request has been sent via the "Confirm order" button .
In any case, the provider confirms the conclusion of the contract by e-mail (contract confirmation).
(8) The content of concluded contracts is saved by the provider and sent to the customer by e-mail in the contract confirmation.
(9) The prices stated on the product pages include the statutory VAT and other price components and do not include the respective shipping costs
(10) Deliveries to Liechtenstein or Switzerland may incur customs duties and import sales tax, which the customer must pay to the customs authorities upon receipt of the shipment. These charges are in addition to the purchase price and the shipping costs and cannot be influenced by the provider.
(11) The provider delivers at the customer's choice against advance payment by normal bank transfer, PayPal, Visa, Mastercard, Maestro, Shop Pay (via Shopify), Apple Pay, Google Pay, eps transfer or Klarna Sofort transfer.
(a) For payment by normal bank transfer, the customer will receive the bank details of the provider together with the contract confirmation. Transfers from abroad are only accepted as SEPA transfers in euros.
(12) For prepayment orders by normal bank transfer, a payment period of one week from receipt of the contract confirmation applies. The provider puts the desired goods back for the customer for the duration of the payment period. It is the customer's responsibility to make his payment in good time so that the provider receives it within the deadline. The provider reserves the right to withdraw from the purchase contract and sell the goods elsewhere if payment has not been received by the deadline. Any payment received from the customer after withdrawal will be refunded to the customer.
§ 3 – Dispatch, delivery times
(1) The provider hands over the goods to be delivered to the shipping company within five working days after receipt of full payment. In the event of delivery obstacles or other circumstances that prevent the fulfillment of the contract, the provider will inform the customer by e-mail. The customer is not entitled to claims arising from delivery obstacles or other circumstances. However, the payment made by the customer must be returned immediately by the provider.
(2) If the delivery to the customer fails because the customer has given the delivery address incorrectly or incompletely, a new delivery attempt will only be made if the customer assumes the costs for the new shipment. The new shipping costs correspond to the shipping costs agreed upon conclusion of the contract plus € 4.90 processing costs. The provider will inform the customer of the necessary costs for a new delivery by e-mail. A new shipment will only take place after receipt of payment of these costs and the sending of the new delivery address.
§ 4 – Returning goods as a consumer
(1) Orderers who shop as consumers are entitled to a right of withdrawal in accordance with the statutory requirements. Details to this can be seen in the cancellation policy.
§ 5 – Warranty
The customer's warranty rights are based on the statutory provisions.
§ 6 - Final Provisions
(1) The provider collects and processes the data entered by the customer as part of his purchase for the purpose of processing and fulfilling the contract.
(2) The law of the Republic of Austria applies to the exclusion of the UN Sales Convention.
(3) Should individual provisions of these general terms and conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
- §7 Transport damage
(1) If goods are delivered with visible transport damage, complain about such errors immediately to the deliverer and contact us as soon as possible and prove this with a photo.
- §8 Liability
(1) We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of persons.
- §9 Final Provisions
(1) Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the other provisions.
(2) Austrian law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").