General Terms and Conditions for customers

 

1. Scope of application

1.1 For all orders (inter alia over our on-line Shop) by consumers (customers) the following GTC apply. A consumer is any natural person who completes a transaction for purposes which can be attributed mostly neither commercial nor its self-employed professional activity.

1.2 If individual provisions of these GTC should be or become invalid in whole or in part due to mandatory statutory provisions (due to mandatory provisions of the Austrian Consumer Protection Act) or if there should be a regulatory gap, the contractual parties shall make a legally effective replacement provision that comes as close as possible to the economic result of the invalid or incomplete provision. The validity of the remaining provisions shall remain unaffected.

1.3 Furthermore, these General Terms and Conditions shall also apply to all further legal transactions concluded with a contractual partner after the first legal transaction.

 

2. Contract language

Contract languages are German or English. Consumer inquiries and/or the handling of any consumer complaints are also made in German or English.

 

3. Object of the contract

go-e GmbH delivers goods, products or services ordered by the consumer.

 

4. Contractual partner, conclusion of contract

4.1 All offers made by go-e GmbH are non-binding and subject to change.

4.2 A contract between consumer and go-e GmbH is only concluded by an order confirmation in text form (post, fax or e-mail) by the go-e GmbH, whereby such an order confirmation usually takes place within 5 working days after receipt of the binding offer of the consumer.

4.3 By placing the products in the online shop, go-e GmbH makes a binding offer to conclude a contract for these articles. The customer may initially place the products in the shopping basket without obligation and can correct his entries at any time by using the correction aids provided and explained in the order process before sending his binding order.

4.4 The contract is concluded when the customer accepts the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, the customer receives another confirmation by e-mail. A binding contract can also be concluded before if the order is placed by the customer by clicking on the “Order Now” button. The languages available for the conclusion of the contract are German and English. The go-e GmbH saves the contract text and sends the order data to the customer. The customer can also view the GTC at any time on the shop website of go-e GmbH:

https://shop.go-e.co/General-Terms-And-Conditions

4.5 The information contained in brochures or similar documents and the information provided with an offer such as illustrations, drawings, descriptions, dimensions, weight, performance and consumption data are only approximate unless they are expressly designated as binding.

4.6 For data security reasons, past orders are no longer accessible to the customer via the Internet.

 

5. Delivery time

5.1 The delivery time stated in the online shop is not binding. go-e GmbH tries to keep delivery times as short as possible.

5.2 The delivery of the ordered goods to the customer is always made within the individually agreed delivery period. Delivery periods were observed if the delivery item has been dispatched by the end of the delivery period and has been received by the customer no later than 4 days after the end of the delivery period. Unless otherwise agreed, the delivery period commence upon receipt of payment on the account notified by go-e GmbH.

5.3 If orders cannot be fulfilled in whole or in part for reasons beyond the control of go-e GmbH, the delivery date/delivery period shall be extended by the period of the disruption, unless delivery is finally impossible.

 

6. Prices, price list

6.1 All end customer prices quoted by go-e GmbH in the online shop are, unless otherwise expressly stated, in Euro and include statutory VAT.

6.2 With shipping by go-e GmbH, delivery costs will be added to the stated prices. The customer can find out the amount of the shipping costs for orders in our online shop in the course of determining the shipping costs in the respective shopping basket. For personal orders, the shipping costs will be announced directly to the customer.

 

7. Payment

The following payment methods are available to you in the online shop of go-e GmbH:

Instant transfer

You pay the invoice amount via the online provider “instant transfer”. You do not need to be registered for this. The payment is processed with the help of your PIN and TAN via your house bank.

Credit Card VISA

When paying by VISA credit card, you will be redirected to the site of our credit card service provider mPAY24 and the amount will be debited from your credit card.

Credit Card Master Card

When paying by Master Card credit card, you will be redirected to the site of our credit card service provider mPAY24 and the amount will be debited from your credit card.

Bank transfer

When selecting the payment method bank transfer, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment. The payment has to take place up to 5 days after entrance of the confirmation of order by cash in advance.

 

8. Right of withdrawal and return

Right of withdrawal in accordance with the provisions of the Consumer Protection Act; does not apply to contracts concluded at a distance (e.g. via the Internet).

8.1 The customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG), takes note that in accordance with § 3 KSchG he may withdraw from his contractual order or from the contract if he has not issued the contractual declaration either in the rooms permanently used by go-e GmbH for business purposes or at a stand used by go-e GmbH for this purpose at a trade fair or market.

8.2 This withdrawal can be declared until the conclusion of the contract or thereafter, within 14 days. It is not necessary to state reasons. The expiry of this period is valid with the delivery to the consumer of a document containing at least the name and address of the company, the information necessary to identify the contract, as well as information on the right of withdrawal, the withdrawal period and the procedure for exercising the right of withdrawal, but at the earliest with the conclusion of the contract.

8.3 If no such document has been issued, the consumer has the right to withdraw from the contract for a period of 12 months and 14 days from conclusion of the contract.

8.4 The right of withdrawal also exists if the go-e GmbH or a third party cooperating with the go-e GmbH has brought the customer into the rooms permanently used by the go-e GmbH for business purposes within the scope of an advertising trip, an excursion trip or a similar event or by personal, individual contact on the street.

8.5 The exercise of the right of withdrawal does not require any special form. For reasons of proof, it is recommended that the written form be adhered to. The withdrawal period is deemed to if the declaration of withdrawal is sent within the period.

8.6 The customer does not have the right to withdraw from the contract,

– if he himself has initiated the business connection with go-e GmbH or its representatives for the purpose of concluding this contract,

– if no discussions between the parties or their representatives have preceded the conclusion of the contract or

– for contracts in which the mutual services are to be rendered immediately, if they are usually concluded by entrepreneurs outside their business offices and the remuneration does not exceed € 25.00 or

– if the company is operated by its nature in non-permanent business premises and the remuneration does not exceed € 50.00,

– for contracts subject to the Distance Selling Act and the Away Business Trade Act (Austrian FAGG) or

– for contractual declarations made by the consumer in the physical absence of the trader, unless the trader has urged the consumer to do so.

8.7 Any withdrawal must be sent to the following address:

go-e GmbH

Satellitenstraße 1, 9560 Feldkirchen in Kärnten, Austria,

Tel: +43 660 708 01 19

E-Mail: [email protected]

Homepage: https://go-e.co/kontakt

 

9. Right of revocation (Austrian FAGG)

9.1 The customer, who is a consumer within the meaning of the Austrian KSchG, may withdrawal in writing from a contract concluded by distance selling (e.g. via the Internet) or from a contractual declaration made by distance selling until the expiry of the periods specified below. It is sufficient if the declaration of withdrawal is sent within the period. The withdrawal period is 14 working days. In the case of contracts for the delivery of goods, it begins on the day of their receipt by the customer or in a third party designated by the customer who is not the carrier, in the case of contracts for the provision of services, on the day of the conclusion of the contract.

In the case of simultaneous orders of several articles and different dates of receipt, the period begins on the date of receipt of the last article by the customer or the third party designated by the customer.

9.2 In accordance with § 18 of the Austrian FAGG, the customer has no right of withdrawal in the case of distance selling or contracts concluded outside business premises for goods manufactured to customer specifications which are clearly tailored to personal needs, and goods which can spoil quickly or whose expiry date would be quickly exceeded, as well as goods which are delivered sealed and are not suitable for return for reasons of health protection or hygiene if their sealing has been removed after delivery.

9.3 In order to exercise the right of revocation, the customer must inform go-e GmbH of his decision to withdraw from the contract by means of a clear declaration to the address mentioned under point 8.7 (e.g. by letter, fax or e-mail). The customer may also use the sample revocation form of go-e GmbH for this purpose:

https://go-e.co/wp-content/uploads/2019/10/revocation-notice-EN-go-e-shop-1.pdf

9.4 If the customer withdraws from this contract, go-e GmbH shall reimburse the customer all payments received by go-e GmbH from the customer immediately and at the latest within 14 days from the day on which the revocation notice was received by go-e GmbH. For this repayment, go-e GmbH uses the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer; in no case shall the customer be charged for this repayment. go-e GmbH may refuse repayment until go-e GmbH has received the goods back or until the customer has provided proof that he has sent back the goods, whichever is the earlier.

9.5 The customer has to return or hand over the goods to go-e GmbH immediately, but in any case at the latest within 14 days from the day on which the customer has informed go-e GmbH about the revocation. The deadline is met if the customer sends the goods before the expiry of the 14-day period. The customer bears the direct costs of returning the goods himself.

9.6 When exercising the right of withdrawal/revocation, go-e GmbH has to reimburse all the payments made by the customer step by step and the necessary and useful expenses incurred by the customer for the goods as well as the customer for his part has to put back the services received (whereby the direct costs of the return shipment shall be borne by the customer as agreed) and he has to pay an appropriate fee for the use, including compensation for any associated reduction in the fair market value of the performance, if the customer uses the goods in a manner incompatible with the principles of good faith or unjust enrichment. The acceptance of the services into the custody of the customer is not in itself to be regarded as a reduction in value.

9.7 Consumers are entitled to the statutory right of revocation as described in the revocation instructions. When returning an article that has already been used, 10% of the purchase price will be deducted as a lump sum as long as the article is returned to go-e GmbH in good condition and in its original packaging.  If no traces of use are visible on return and the device is in mint condition, there will be no deduction from the purchase price. The repayment takes place within 14 days after receipt of the return. In the case of goods that show clear signs of use, the buyer will receive an individual offer for the takeback. The shipping costs for the return are to be borne by the customer in case of revocation.

 

10. Retention of title

10.1 The goods offered and delivered by go-e GmbH or otherwise handed over remain the property of go-e GmbH until payment has been made in full.

10.2 If, for whatever reason, the customer gets into payment delay, go-e GmbH is entitled to challenge or take back goods subject to retention of title. go-e GmbH may only exercise this right vis-à-vis consumers as customers if the consumer has been in arrears with his obligation to perform for at least six weeks and go-e GmbH has reminded him of this legal consequence and set unsuccessfully a grace period of at least 14 days. Further claims for damages remain unaffected.

10.3 If a third party accesses the goods (e.g. garnishment of goods), the customer is obliged to point out the reserved property of go-e GmbH and to inform go-e GmbH immediately.

 

11. Transport damages

If goods with obvious transport damages are delivered, the customer has to complain about such defects immediately to the deliverer and also contact go-e GmbH immediately. The failure to make a complaint or to contact go-e GmbH has no consequences for the customer’s legal rights and their enforcement, especially also for his warranty rights. Nevertheless, the customer helps go-e GmbH to assert the claims of go-e against the carrier or the transport insurance.

 

12. Warranty and guarantees

12.1 The statutory warranty regulations apply. The warranty period is 2 years from receipt of the goods.

12.2 In the event of a warranty claim, the customer has to inform go-e GmbH immediately in writing to complain about the defect. Go-e is obliged to improve or replace the goods as soon as possible or to arrange this. In the (justified) case of the return of the defective product to go-e, go-e will bear the costs incurred.

12.3 In case of incorrect use / mounting and resulting damage of the product by the buyer or other technical defects caused by the buyer the legal warranty expires. In this case the buyer bears the shipping costs. This applies especially if the product is operated with an energy source not supplied by the manufacturer or the product is used for other purposes than those specified by the manufacturer.

12.4 The warranty also expires if the system is modified or opened by unauthorized persons, whereby only persons recognized by the manufacturer are to be regarded as authorized. When in doubt, consult the manufacturer.

 

13. Liability

13.1 The statutory provisions apply to the enforcement of claims for damages. The compensation period is 3 years from receipt of the product.

13.2 In the event that damage occurs to or with the product, the customer is obliged to send go-e GmbH a written damage report including an explanation of the damage circumstances within 14 days.

 

14. Data protection

14.1 By concluding the contract, the customer consents to the collection, processing and use of his personal data by go-e GmbH, insofar as this data is necessary for the provision of the agreed services.

14.2 No sale, exchange or other unauthorized use of personal data and information of the customer takes place on the part of go-e GmbH. The go-e GmbH doesn’t pass on personal data of a customer to third parties, unless the customer has given his consent or there is a legal or contractual obligation for the go-e GmbH to surrender the data.

14.3 The customer has the right at any time to request information about the personal data stored by go-e GmbH as well as any recipients of this data. This information is free of charge and is always provided in writing by e-mail, in exceptional cases (if the customer has no possibility of receiving it) by letter. The request for information is to be addressed to go-e GmbH in writing and signed by the customer in his own hand, enclosing a copy of the identity card or proof of power of representation for a legal entity.

14.4 The customer has within the framework of the legal requirements the right to demand the correction or deletion of the data stored by him at any time. An e-mail with the following information is enough for this purpose:

name/company, date of birth/company register number and e-mail address of the customer as well as customer number or booking number of the last booking.

14.5 The customer is aware that data protection for data transmissions on the Internet is not fully guaranteed according to the current state of the art. In particular, e-mails do not represent secure communication, since the reading of contents cannot be technically excluded. In this respect, the customer himself is responsible for the security of the data he transmits to go-e GmbH.

 

15. Place of jurisdiction, applicable law

15.1 Any contractual relationship with the customer shall be governed exclusively by Austrian law to the exclusion of the conflict of laws provisions, in particular the UN Convention on Contracts for the International Sale of Goods.

15.2 For disputes arising from and in connection of business relations with go-e GmbH, the exclusive jurisdiction of the court responsible for the consumer’s principal place of residence is agreed.

15.3 Mandatory legal regulations of the state in which the customer has his usual residence remain unaffected by the agreements according to points 15.1 and 15.2 of these GTC.

 

go-e GmbH

Satellitenstrasse 1

9560 Feldkirchen

Austria