General Terms and Conditions for customers
(as of 03.12.2019)
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
The legally valid and binding language of the contract is German. If required, English is also offered as contract language. 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:
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. Prices, price list
5.1 All end customer prices quoted by go-e GmbH in the online shop are, unless otherwise expressly stated, in Euro and include statutory VAT.
5.2 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.
The following payment methods are available to you in the online shop of go-e GmbH:
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.
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.
7. Right of withdrawal and return
Consumers are entitled to the statutory right of revocation as described in the cancellation instructions. Entrepreneurs are not granted a voluntary right of revocation.
8. Retention of title
8.1 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.
8.2 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.
8.3 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.
9. 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.
10. Warranty and guarantees
10.1 The statutory warranty regulations apply. The warranty period is 2 years from receipt of the goods.
10.2 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.
10.3 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.
10.4 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.
11.1 The statutory provisions apply to the enforcement of claims for damages. The compensation period is 3 years from receipt of the product.
11.2 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.
12. Data protection
12.1 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.
12.2 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.
12.3 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.
12.4 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.
12.5 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.
13. Place of jurisdiction, applicable law
13.1 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.
13.2 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.
13.3 Mandatory legal regulations of the state in which the customer has his usual residence remain unaffected by the agreements according to points 13.1 and 13.2 of these GTC.