Scope of the AGB 1.1. These General Terms and Conditions of Ging IT GmbH, based at Tarvisertstraße 18, 9020 Klagenfurt (hereinafter referred to as "Seller"), apply to all contracts that the customer concludes with the Seller, whether in the Seller's online shop or otherwise. Conflicting conditions are not accepted. The Seller contracts only under its AGB. 1.2. Any agreements deviating from these General Terms and Conditions must always be in writing.
Products and Conclusion of Contract 2.1. The Seller sells its products, among other things, through its online shop. Product images on the website www.ging-it.com of the Seller are symbolic images and may partially deviate from the actual appearance/packaging/quantity/volume. 2.2. Conclusion of Contract The contract with the Seller is concluded by the acceptance of the order placed by the customer in the online shop by the Seller. The product representations contained in the online shop do not constitute legally binding offers by the Seller, but are only an invitation for the customer to submit a legally binding purchase offer through the online shop. The Seller can confirm the receipt of the order. Such confirmation does not constitute acceptance of the customer's purchase offer. The acceptance of the order by the Seller can also be made by sending an order confirmation by email within four working days from receipt of the order. If the Seller cannot execute the order because the ordered goods are not available or does not accept the customer's offer, the Seller will inform the customer by email.
2.3. When placing an order for the first time, the customer registers by entering their personal data (first name, last name, address, email, phone number) and a password. The customer submits the offer in writing via the online order form integrated into the Seller's online shop. During registration, a customer account is created, and the personal customer data entered are stored for the purpose of easier and faster processing of future order transactions. The customer account can be accessed and modified by the customer at any time by entering the email address and the self-chosen password.
2.4. The desired product is added to the shopping cart by clicking the "Add to Cart" button. By clicking the "View Cart" button or the cart symbol in the upper right corner of the order page, the customer is taken to an overview of their product selection and can delete all or individual selected products or change their quantity. After registering or logging in, possibly changing the billing and/or shipping address, and explicitly declaring that the customer accepts these AGB, the customer is taken to an overview of the selected products. The customer can change their product selection again before submitting a legally binding contract offer for the goods in the shopping cart by clicking the "checkout" button in the final step of the order process. Once the order process is completed, the customer is notified via an information window. This does not yet constitute acceptance of the customer's offer by the Seller.
2.5. Orders not placed via the online shop are only considered accepted by the Seller upon written acceptance. Written acceptance also includes a confirmation note from the Seller on their order forms, as well as an acceptance letter by email.
2.6. The customer must ensure that the email address and contact details provided for order processing are correct. The customer must ensure that emails sent by the Seller can be delivered by not using SPAM filters. Notifications by the Seller will only be made to the registered email address provided by the customer.
Right of Withdrawal 3.1. Until the order is submitted, the customer can change the product selection at any time by changing the quantity of products in the cart or deleting individual products, or by canceling the order process altogether. By clicking the "checkout" button, the order process continues. The following cancellation policy applies exclusively to consumers. Entrepreneurs have no right of withdrawal/cancellation right. 3.2. Cancellation Policy You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you who is not the carrier took possession of the goods. To exercise your right of withdrawal, you must inform Ging IT GmbH, Tarviserstraße 18, 9020 Klagenfurt; email: office@ging-it.com, of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). To meet the withdrawal deadline, it is sufficient for you to send the communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
3.3. Consequences of Withdrawal If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (except for the additional costs arising from choosing a different type of delivery than the least expensive standard delivery offered by us) without undue delay and no later than fourteen days from the day on which we received the communication of your withdrawal from this contract. We will use the same means of payment for this reimbursement that you used for the original transaction unless you have expressly agreed otherwise; in no case will you be charged fees for this reimbursement. We may withhold reimbursement until we have received the goods back or you have provided proof of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event no later than fourteen days from the day on which you communicated your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. If the goods are returned uninsured, we are entitled to withhold or charge an appropriate amount. 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.
3.4. Exclusion of the Right of Withdrawal You do not have the right to withdraw from contracts concerning: • Goods that can spoil quickly or have a short expiration date; • Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
3.5. General Notes Please note that the following notes are not prerequisites for the effective exercise of the right of withdrawal: Please avoid damage and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If you no longer possess the original packaging, please provide suitable packaging for adequate protection against transport damage. The loss, wear, damage, or contamination of the packaging can trigger an obligation to compensate for the loss of value of the goods resulting from handling that was not necessary to establish the nature, characteristics, and functioning of the goods.
Prices and Payment Conditions 4.1. The sales prices listed in the online shop or other sales documents include all price components, including statutory VAT, but do not include shipping costs. The prices valid at the time of the order are decisive for invoicing. 4.2. The Seller offers the customer the following payment options unless otherwise stated in the online shop or on the homepage: • Advance payment by bank transfer • SOFORT bank transfer • PayPal • Credit card (Visa, MasterCard, etc.)
4.3. Payment is due immediately upon conclusion of the contract unless otherwise agreed in writing. The goods will be shipped only after receipt of payment or receipt of a payment confirmation.
4.4. In the event of default in payment, statutory default interest and reminder fees will be charged.
4.5. The customer is entitled to offset their claim against the Seller only if the customer's claim has been legally established or recognized by the Seller.
4.6. The customer can only exercise a right of retention if it is a claim from the same contractual relationship.
4.7. The billing is done in Euros.
4.8. If the customer is an entrepreneur, they must check the Seller's invoice immediately upon receipt and raise any objections to the invoice in writing within 5 days of receipt of the invoice. If the customer fails to make these timely objections, the invoice is considered expressly acknowledged and accepted.
Delivery and Shipping Conditions, Default of Acceptance, Transfer of Risk 5.1. The delivery of goods is carried out by a delivery service chosen by the Seller to the delivery address provided by the customer. In the case of online orders, the delivery address provided by the customer during the order process is decisive. 5.2. If an item is not in stock or not immediately deliverable and the delivery time is accordingly extended, the customer will be informed.
5.3. If delivery to the customer is not possible, the commissioned transport company will return the goods to the Seller, with the customer bearing the costs for the unsuccessful delivery and a reasonable storage fee. This does not apply if the customer is not responsible for the unsuccessful delivery attempt.
5.4. If the customer is in default of acceptance, the Seller is entitled to withdraw from the contract after setting a reasonable grace period of 14 days and to dispose of the goods otherwise or to insist on contract fulfillment. If the customer is at fault for the default of acceptance, they must also compensate the Seller for any damage caused by the delay. In any case, the Seller is entitled to demand the purchase price (fulfillment interest).
5.5. If the customer is a consumer, the shipment of the goods is at the Seller's risk. The risk of loss or damage to the goods passes to the customer only when the goods are handed over to the customer or a third party designated by the customer who is not the carrier. If the customer is an entrepreneur, the shipment of the goods is at the customer's risk, meaning the customer bears the risk of transport.
6. Retention of Title
The delivered goods remain the property of the Seller until all claims arising from the business relationship have been paid in full.
7. Warranty
7.1. If the customer is a consumer, the statutory warranty provisions or mandatory consumer protection regulations apply.
7.2. If the customer is an entrepreneur within the meaning of § 1 UGB, they are subject to the obligation to give notice of defects in accordance with § 377 UGB. In this case, the customer is obliged to inspect the goods immediately and to notify any defects in writing within a maximum of 5 working days from receipt of the goods, specifying the defects in detail and providing proof photos (for visually identifiable material defects). If the entrepreneur fails to comply with this obligation, they will forfeit all warranty and compensation claims.
7.3. Warranty is excluded for defects caused by the customer (e.g., improper and non-cool storage of the products).
7.4. If the remedy is provided through replacement delivery, the customer is obliged to return the initially delivered goods within 14 days at the Seller's expense.
Liability of the Seller
The Seller is only liable for damages in cases of intent and gross negligence. The liability is also limited to the amount of the order value including shipping costs. It is noted that the Seller is merely a retailer or intermediary with respect to the products, but not the manufacturer.
Data Protection
The use of personal data in the online shop is governed by the privacy policy published separately by the Seller on the homepage.
Additional Provisions, Applicable Law, Jurisdiction
10.1. Should individual provisions of these General Terms and Conditions be legally invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall instead be replaced by a valid provision that most closely approximates the purpose of the invalid provision.
10.2. For all disputes, Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the country where the consumer has their habitual residence.
10.3. If the customer is a consumer, the statutory jurisdiction applies. If the customer is an entrepreneur, a legal entity under public law, or a public-law special fund, the exclusive jurisdiction for all disputes arising from this contract is the court with local jurisdiction in the district of the Regional Court of Klagenfurt (Austria).
- All prices include 20% VAT plus shipping, unless otherwise stated.
