Terms of service
1 Scope of application
The following terms and conditions apply to all orders placed via our online store. Our online store is aimed exclusively at consumers.
Consumers are consumers within the meaning of the Consumer Protection Act (KSchG) and thus natural or legal persons who are not entrepreneurs.
2 Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with "Gans" Ges.m.b.H.
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you submit a binding offer for the goods contained in the shopping cart. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.
We will accept your offer within two days by
- submitting a declaration of acceptance in a separate e-mail or
- we have the goods delivered or
- if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under "Payment").
The relevant alternative for you depends on which of the events listed occurs first.
3. contract language, contract text storage
The language(s) available for the conclusion of the contract: German, English
We save the text of the contract and send you the order data and our GTC in text form. You can view the text of the contract in our customer login.
4. terms of delivery
Shipping costs may be incurred in addition to the stated product prices. You can find out more about any shipping costs in the offers.
You have the option of collecting your order from "Gans" Ges.m.b.H, Brandstätte 1-3, 1010 Vienna, Austria during the following business hours: Monday through Friday from 10:00 to 18:00, Saturday from 10:00 to 17:00. Please inform us at least two working days before your collection so that we can make the goods available from our warehouse. You can also pay here by Visa, Mastercard, Amex, EC card and PIN.
5. payment
The following payment methods are available in our store:
Prepayment
If you select the prepayment payment method, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card
Please enter your credit card details during the ordering process.
PayPal, PayPal Express
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be carried out automatically by PayPal after the goods have been dispatched. You will receive further instructions during the ordering process.
PayPal can offer registered PayPal customers, selected according to their own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, legitimize yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions during the ordering process.
Google Pay
In order to be able to pay the invoice amount via the payment service provider Google Ireland Ltd, Gordon House, Barrow Street, Dublin 4, Ireland ("Google"), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.
Apple Pay
To be able to pay the invoice amount via the payment service provider Apple Inc, One Apple Park Way, Cupertino, CA 95014, USA ("Apple"), you must use the "Safari" browser, be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise specified below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. Further information can be found under the respective payment option and in the order process.
Purchase on account via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice.
Cash payment on collection
You pay the invoice amount in cash on collection.
EPS Sofort, IDEAL, Bancontact
Sofortüberweisung via your usual online banking.
6. reservation of title
The goods remain our property until full payment has been made.
7. transport damage
If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.
8 Warranty and guarantees
Validity of the statutory liability for defects
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The following restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty and fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act applies.
Guarantees and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online store.
Customer service: You can contact our customer service for questions, complaints and objections by e-mail at office@gans.at.
9 Liability
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in the event of intentional or grossly negligent breach of duty,
- in the case of warranty promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened up.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.
10. code of conduct
We have submitted to the following codes of conduct:
Voluntary Code of Conduct:
11. agreement on the use of Trusted Shops buyer protection
You can protect orders placed with us free of charge up to an order value of 100 euros via the buyer protection of Trusted Shops AG. In addition, Trusted Shops, together with a guarantor, offers a fee-based protection. The Trusted Shops buyer protection conditions apply, which you can find here. The buyer protection is concluded by clicking on the correspondingly labeled button of the so-called Trustcard, which appears as a pop-up on the order thank you page after an order has been completed. In order to be able to offer you buyer protection, the Trustcard must access order data that is stored in the cache of your browser. Access only takes place locally and no order data is transmitted to Trusted Shops before you have actively opted for buyer protection or have consented to the transmission of order data to Trusted Shops. If you have given your consent, a hash value of your e-mail address as well as the order number and order total will be transmitted to Trusted Shops. If you are already registered for buyer protection, your order will be automatically protected. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is attached to the buyer protection conditions linked above.
12. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can findhere. We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board. The responsible body is the Internet Ombudsman Association, Ungargasse 64-66/3/404, 1030 Vienna,www.ombudsmann.at.