ALLGEMEINE GESCHÄFTSBEDINGUNGEN DER GOLDECK TEXTIL GMBH
Stand März 2010
1. Preliminary remarks
GOLDECK TEXTIL GMBH
company registration number: FN 33450 t
at the
District Court of Klagenfurt
Seebacherstraße 11 – 13
A-9871 Seeboden
2. Contractual partners
Transactions concluded via the Carinthia Online Shop in the form of distance selling (online transactions) are deemed to be exclusively concluded between the respective Customer and GOLDECK TEXTIL GMBH, referred to hereinafter in brief as Carinthia.
3. Offers and orders
All offers published on the online platform www.carinthia.com strictly remain subject to change. They are only an element of the range of goods presented on the online platform that is non-binding in terms of its scope, the articles and its design.
The respective pictorial illustration of the goods presented is non-binding and does not trigger any legal claim to delivery in a format corresponding to the illustration.
Offers invite potential buyers to make binding offers to buy (orders) to Carinthia for the purchase of the goods presented.
Carinthia reserves the right to accept or decline orders in full or also only in part or, insofar as this is not associated with any unreasonable change to the article in the respective individual order of goods, also to change the design of this at any time (colour, means of manufacture, design).
The order takes place by completing and clicking on the respective fields or buttons provided in the online order forms. Orders for different goods can be collected in a shopping basket provided for this purpose and placed jointly.
By sending the completely or sufficiently completed online order, the Customer issues a binding and – apart from the separate rights of cancellation or return – also irrevocable offer to buy on the conditions defined in the order, and undertakes to completely fulfil this.
Carinthia shall accept the order after this has been received by sending an order confirmation to the Customer, and shall undertake to deliver the goods ordered on the respective applicable conditions.
Acceptance of orders that has taken place in return for prepayment shall cease to be effective after the expiry of 10 days from the day of ordering unless Carinthia has expressly declared anything to the contrary when accepting the order.
4. Prices
The prices stated in the context of the range of goods presented are final prices and also include in particular the statutory VAT in force at Carinthia’s registered office.
Insofar as the liability to taxation passes to the Customer on the basis of the fulfilment of the necessary requirements for this (reverse charge), the invoice shall be issued without charging VAT.
Prices that apply for only a certain period of time or for a particular (minimum) quantity of goods must be expressly identified as such in the information intended for the Customer.
5. Payment
Payment for the goods ordered shall take place by agreement either by prepayment, credit card or other payment methods that are usual, appropriate and generally recognised in online trade.
The payment method shall be selected and payment made at the same time as placing the order.
The conditions applying to the respective payment methods are mentioned in more detail in the respective forms that are supplied for completion when ordering.
Carinthia reserves the right to decline orders with the respective payment method selected by the Customer either on an individual case basis or also generally.
(2) Kauf per Lastschrift; Einzugsermächtigung; Bearbeitungsgebühr bei Rücklastschriften
6. Retention of title
Irrespective of the other terms and conditions of payment and delivery, the acceptance and delivery of orders for goods takes place strictly subject to retention of title. In all events delivered goods remain the property of Carinthia until they have been paid for in full.
7. Shipment
Orders for goods are shipped using the forms of shipment that are usual, appropriate and generally recognised in online retail.
Insofar as the Customer has selected a particular form of shipment in his order and accepted the conditions that apply to this, the shipment shall take place using the respective form of shipment selected.
Shipment costs are strictly not included in the prices of goods. They depend on the form of shipment, the probable delivery period and the respective place of delivery, and in particular whether this is in Austria or abroad. They are displayed on the table of shipment costs published separately on the online platform and are also shown separately in the context of the overall order.
8. Delivery
Depending on their availability at Carinthia, goods that have been ordered are usually delivered after the order has been received and accepted, to the delivery address stated in the order.
Deliveries to post box numbers or made available poste restante, and to delivery addresses at which no person authorised to accept them is present, are excluded.
If goods are delivered with obvious damages, please address a complaint about the damage immediately to the deliverer and contact Carinthia as soon as possible. An observance of a complaint or contact has no consequences on the statutory warranty claims of consumers and merely serves to support Carinthia to make its claims against the company or the insurance body responsible for delivering the goods claimed. Complaints about missing or defective items must be made IMMEDIATELY at receipt of goods (same day). Subsequent complaints can no longer be accepted.
Carinthia is unable to accept any liability for the acceptance of the shipment by authorised persons. Any liability by the transport or delivery service provider remains unaffected by this.
Insofar as it is technically or organisationally possible, electronic shipment tracking systems are used or provided for use respectively.
The respective delivery periods (time and duration of delivery) depend on the availability of the respective goods as well as those circumstances that can normally be expected or specific circumstances, including in particular the composition of the goods, the form of shipment, the means of transport or the time it takes to make the delivery depending on the place of delivery.
Delays in delivery that occur due to official requirements, decrees or the actions of the authorities shall not in any event be at the expense of Carinthia.
The payment of any customs duty, levies or fees at the place of delivery is strictly a matter for the Customer.
Carinthia must in all events be entirely indemnified and held harmless in this respect by the Customer. Carinthia expressly reserves the right to refuse delivery and to retract its acceptance of orders for goods at any time for Customers in default of payment for previous deliveries.
9. Consumers
Customers who in their relationship with Carinthia are to be regarded as consumers as defined by the relevant statutory provisions of the law applicable to the respective transaction, have the right of withdrawal or cancellation respectively insofar as this is provided for by such law. This right must be asserted within the period of time applicable in accordance with the respective statutory provisions by means of a declaration corresponding to the respective provisions, and in all events in writing.
The goods delivered and taken over respectively must be properly returned to Carinthia simultaneously with the declaration of cancellation, otherwise the declaration of withdrawal or cancellation respectively shall be legally ineffective.
Insofar as no longer statutory period is provided for this, the entitlement to withdrawal or cancellation shall apply within a period of fourteen working days from the acceptance of the goods, but at the most after Carinthia has met the duties of notification applying to it in accordance with the relevant provisions.
In the event of effective withdrawal or cancellation respectively, both sides are obliged to immediately return the services they have each received and to hand over any benefits acquired, such as interest earnings or benefits of use or enjoyment. Appropriate compensation must be made accordingly for damage to the goods, for reductions in or loss of value, or for the partial or total loss of the goods.
The return or payment of compensation respectively must take place at the latest within 30 days of the declaration of withdrawal or cancellation. The costs of the return or of the payment of compensation respectively must be borne by the obligated party unless anything has been expressly agreed or warranted otherwise.
Together with the delivery of the goods and , Carinthia shall once again send recipients of goods that are consumers all the information that is required for the supplier to fulfil its duties of information to consumers.
10. Guarantee
The promises of guarantee declared in connection with the presentation of the respective goods shall apply for the granting of guarantees. The same also applies to the exclusion of claims under guarantee.
Promises of guarantees over and above this declared by manufacturers shall remain unaffected by this.
In the event of the benefits of a guarantee being used, Carinthia shall only accept or reimburse those costs that are directly connected with the fulfilment of the duty of guarantee. Liability for costs over and above this is excluded.
11. Warranty
Carinthia warrants that the goods supplied are free from defects exclusively in accordance with the relevant provisions of the law applicable to the respective transaction. This applies both to the warranty periods and also to the extent and form of the respective claims under warranty, as well as their possible exclusion.
12. Compensation
Carinthia shall solely be liable for damage that is caused by intentional or grossly negligent behaviour that is ascribable to it. In addition, the amount of any applicable compensation to be paid shall be limited to the value of the goods ordered that are associated with the occurrence of damage.
Product liability claims can only be asserted against Carinthia in accordance with the relevant provisions of the law applicable to the respective transaction.
Liability for consequential damage is excluded in all events.
A duty of compensation for lost profits at the expense of Carinthia is excluded in all events.
Insofar as an agreement on the limitation of the liability of Carinthia is not permissible in accordance with the relevant provisions of the law applicable to the respective transaction, such liability shall in all events be deemed to be limited to the extent that is permissible. In all events the amount shall be limited to such damages as typically were foreseeable at the conclusion of the agreement.
13. Exclusion of a performance guarantee
Carinthia provides no warranty or guarantee for the performance or availability of the Carinthia Online Shop, in particular for its being available at all times.
In all events technical or electronic faults in the online offering shall not in themselves form the basis of any liability by Carinthia. Equally illegal infiltration or the illegal use of data, in particular also of access data that was collected in connection with the use of the Carinthia Online Shop , shall in no event lead to any liability by Carinthia.
14. Data protection
Collection, processing and use of personal details
You can visit and use the Carinthia Online Shop without providing personal details. We only store non-personal access data such as the name of your Internet Service Provider, the site from which you visit us or the name of the file requested.
This data is evaluated solely to improve our offering and does not enable any conclusion as to your identity.
Personal details are only collected if you voluntarily provide these to us when ordering goods or opening a customer account or registering for our newsletter. The data you have communicated is used without your separate consent only for the fulfilment and processing of your order.
Once the agreement has been fully processed and the purchase price has been fully paid, further use of your details will be blocked, and they will be deleted after the expiry of the statutory storage periods in respect of tax and commercial law unless you have expressly agreed to the further use of your details.
When you register for our newsletter, your email address will be used for our own advertising purposes until you unsubscribe from the newsletter.
You can unsubscribe at any time. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how you use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
You can object to data collection and storage by Google Analytics at any time with future effect by downloading a browser add-on to deactivate Google Analytics and installing this for your browser.
Use of cookies
We use cookies on different pages to make your visit to our website more attractive and enable the use of certain functions. This involves small text files that are deposited on your computer. Most of the cookies we use are deleted from your hard disk again after the end of your browser session (so-called session cookies). Other cookies remain on your computer and enable us to recognise your computer again on your next visit (so-called persistent cookies). These cookies serve to welcome you with your user name and prevent you having to re-enter your password or fill in forms with your details when you place subsequent orders. Our partner companies are not permitted to collect, process or use personal details via our website by means of cookies.
Passing on personal details
Your details will be passed on to the shipment company tasked with delivery insofar as this is necessary for the delivery of your goods. To process payments we pass your payment details on to the bank instructed to make the payment or the bodies responsible for processing credit card payments.
Right of information
In accordance with the Datenschutzgesetz [Federal Act on the Protection of Personal Data] you have a right to free information about your details that have been stored and as appropriate a right to correct, block or delete these details. We will store the contractual wording relating to your orders and send you the order details and our General Terms and Conditions of Business by email. You can also view our General Terms and Conditions of Business here at any time. You can view your past orders in our customer login area.
Contact for data protection
If you have any questions about the collection, processing or use of your personal details, wish to have information about your details or correct, block or delete them, or would like to revoke consents you have provided, please contact the support team: office[et]goldecktextil.com
15. Choice of law
Insofar as it is permissible in accordance with the relevant provisions in force, Austrian law is deemed to have been agreed.
16. Place of jurisdiction
Insofar as it is permissible in accordance with the relevant provisions in force, for all disputes arising from transactions undertaken via the Carinthia Online Shop it is deemed to be agreed that the court with factual and local competence for the registered office of Carinthia shall have jurisdiction.
