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GENERAL TERMS AND CONDITIONS - DOMINIK GEGAJ

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1.Validity 

All offers available in my online shop https://www.gegajdominik.com and contracts concluded via this online shop are based exclusively on these General Terms and Conditions in the version valid at the time of ordering (GTC). I do not accept any conditions that conflict with or deviate from these GTC unless I have expressly agreed to their validity. Acts of contract fulfillment shall not be deemed as consent to contractual conditions deviating from these GTC.

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2.Contractual partner 

When you make a purchase on https://www.gegajdominik.com, you conclude a contract with Dominik GEGAJ, Richard-Knoller Str.1A, 5020 Salzburg, Austria, e-mail: info@gegajdominik.com, (hereinafter referred to as "I" or "me").  

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3.Order, conclusion of contract 

  1. The presentation of the goods in the online store does not constitute a binding offer to conclude a purchase contract, but a non-binding online catalog. You are merely requested to submit an offer by placing an order.

  2. By clicking on the "Place Order & Pay" button, you submit a binding offer to conclude a purchase contract with me for the goods contained in the shopping cart. I am not obliged to accept this offer. You are - subject to a statutory right of withdrawal - bound to your offer for two working days. 

  3. By submitting the order, you accept the pre-contractual information and these GTC as solely authoritative for the legal relationship with me.

  4. I will confirm receipt of your order by sending you a confirmation e-mail. This order confirmation does not constitute acceptance of the contract offer by me. It merely serves to inform you that I have received your order. Please check the order details in the order confirmation. If you find an error or change your mind about the order, please let me know as soon as possible. 

  5. The declaration of acceptance of the offer is made by confirming the purchase in a further e-mail or by sending you the purchased goods. 

 

4.Prices, shipping costs 

  1. The prices listed in my online store are in euros and include all taxes, but not shipping costs or other costs. The amounts quoted at the time of ordering apply. I will inform you again about the prices, taxes and shipping costs in the order summary before completing the order. Shipping is at the customer's expense. 

 

5.Terms of payment, interest on arrears

  1. The accepted payment methods are listed in my online store. There you will find all details on the associated payment terms and any fees. Payment by credit/debit card, Apple Pay, Google Pay or Klarna Sofortüberweisung is possible.        

  2. Unless I agree otherwise with you, the invoice amount is due for payment immediately. In the event of default, I shall be entitled to charge statutory default interest.  

  3. I am also entitled to demand compound interest in the event of late payment from the date of delivery of the goods.

 

6.Dunning and collection charges

  1. In the event of default of payment, you undertake to reimburse me for the dunning and collection expenses incurred by me, insofar as they are necessary for appropriate legal action. 

  2. In the case of business transactions, this shall in any case include a lump sum of EUR 40.00 as compensation for collection costs. The assertion of further rights and claims remains unaffected.

 

7.Default of acceptance

  1. If you have not accepted the goods as agreed (default of acceptance), I am entitled, after unsuccessfully setting a grace period, either to insist on fulfillment of the contract or, after setting a grace period of two weeks, to withdraw from the contract and dispose of the goods elsewhere. This also applies if you have given me an incorrect delivery address.

  2. If a withdrawal from the contract occurs in the above-mentioned case, I will refund any payments already made. For this refund, I will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.

 

8.Terms of delivery

  1. The delivery times quoted are approximate. 

  2. I am only obliged to perform the service as soon as you, as the customer, have fulfilled all your obligations that are necessary for the execution of the order.

  3. Unless otherwise stated in the order confirmation, I will dispatch the goods within three working days of receipt of payment.

  4. I am entitled to exceed the agreed deadlines and delivery periods by up to one week. Only after this period has expired are you entitled to withdraw from the contract after setting a reasonable grace period.

  5. I am entitled to execute the order in partial deliveries, even without your corresponding request. In this case, I will bear all additional shipping costs incurred as a result. 

  6. If I am prevented from meeting the delivery deadlines due to force majeure (strike, natural disasters, pandemics, etc.) or other circumstances for which I am not responsible, I will inform you as soon as possible. The delivery period shall be extended by the duration of these events. 

 

9.Warranty and liability 

  1. The warranty is governed by the statutory provisions.

  2. I am only liable for damages that I or my vicarious agents have caused you intentionally or through gross negligence. This does not apply to liability for personal injury and claims under the Product Liability Act. 

 

10.Retention of title

All goods are delivered by me subject to retention of title and remain my property until full payment has been made. The assertion of the retention of title shall only constitute a withdrawal from the contract if this is expressly declared. If goods are taken back, I shall be entitled to charge any transportation and handling costs incurred. In the event of third party access to the goods subject to retention of title - in particular through seizure - you undertake to draw attention to my right of ownership and to inform me immediately.

 

11.Right of withdrawal or revocation

  1. If you are a consumer within the meaning of the Consumer Protection Act (KSchG), you have the right to revoke your contractual declaration or a contract that has already been concluded within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. If you have ordered the goods as part of a single order and these goods are delivered separately, the withdrawal period begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. If I have not complied with my obligation to inform you of the existence of the right of withdrawal, the withdrawal period shall be extended by twelve months. If I provide the information within twelve months of taking possession of the goods, or in the case of separate delivery of the last goods, the withdrawal period shall end fourteen days after the date on which you receive this information.

  2. In order to exercise your right of withdrawal, you must inform me of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired. 

 

11.3 Consequences of revocation

  1. If you revoke your performance of the contract or a contract that has already been concluded, I shall reimburse to you all payments I have received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by me), without undue delay and in any event not later than 14 days from the day on which I am informed about your decision to revoke this contract. For this repayment, I will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

  2. I may refuse to refund you until I have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

  3. Furthermore, I can refuse to accept the returned goods if they are damaged due to improper handling. 

  4. You must return or hand over the goods to me immediately and in any case within fourteen days at the latest from the day on which you inform me of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. 

  5. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check their condition. 

 

11.4 Sample withdrawal form 

If you wish to withdraw from the contract, please complete this form and return it to us: 

Dominik GEGAJ

Richard-Knoller Str.1A

5020 Salzburg, Austria

E-mail: info@gegajdominik.com 

I / we hereby revoke the contract concluded by me / us for the purchase of goods from the entrepreneur.

Ordered on [...] /received on [...]

Name of the consumer(s) [...]

Address of the consumer(s) [...]

Date [...]

Signature of the consumer(s) [...]

 

12.Return and refund in the event of non-notified revocation 

  1. If you return goods ordered from me without prior notice of withdrawal, you will be responsible for the cost of returning the goods to me.

  2. After successful receipt of the return shipment and inspection of the returned goods, in particular whether the goods are intact, the original purchase price of the goods will be refunded to you. The original cost of shipping the goods and the cost of reshipping them to you will not be refunded. Only the pure value of the goods will be credited in the event of such a return.

 

13.Data protection

  1. I am obliged to comply with the provisions of the Data Protection Act (Datenschutzgesetz, DSG), the General Data Protection Regulation (Datenschutz-Grundverordnung, DSGVO) and any other statutory confidentiality obligations.

  2. I process the personal data required for the purpose of fulfilling the contract. The detailed data protection information (Datenschutzmitteilung) in accordance with        Art 13 ff DSGVO can be found on my homepage at: https://www.gegajdominik.com/datenschutz

 

14.Change of address 

You are obliged to notify me of any changes to your residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If you fail to notify me, declarations shall be deemed to have been received even if they are sent to the last known address.

 

15.Place of performance, contract language, choice of law, place of jurisdiction

  1. The place of performance is that of my company.

  2. The contract language is German and/or English.

  3. The exclusive place of jurisdiction is the competent court in the provincial capital of Salzburg. For legal actions against consumers, the applicable statutory provisions shall apply. 

  4. This contract shall be governed by Austrian substantive law to the exclusion of the conflict of laws rules of private international law (e.g. EVÜ, ROM I-VO) and the UN Convention on Contracts for the International Sale of Goods (UN-Kaufrecht). This choice of law shall only apply to a consumer to the extent that it does not restrict any mandatory statutory provisions of the country in which the consumer is domiciled or habitually resident.

 

16.Final provisions

  1. Should provisions of this contract be legally ineffective, invalid and/or void or become so in the course of its term, this shall not affect the legal effectiveness and validity of the remaining provisions. In this case, the contracting parties undertake to replace the legally ineffective, invalid and/or void provision (which has become legally ineffective, invalid and/or void) with a provision that is legally effective and valid and corresponds in its economic effect to the replaced provision - as far as possible and legally permissible.

  2. The contract text is not saved. I recommend that you archive my order confirmation and these General Terms and Conditions. 

  3. The designation of the headings chosen for the individual chapters is for the sole purpose of clarity and is therefore not to be used for the interpretation of this contract.

  4. The assignment of individual rights and obligations arising from these GTC is only permitted with my express written consent.

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