General Terms and Conditions
These General Terms and Conditions of the company GERNATY e.U. apply to all sales of our products through our distribution system. We are entitled to amend these terms and conditions at any time. In this case, they shall only apply to the customer from the point in time at which they have been demonstrably disclosed to him.
§ 1 – Provider, inclusion of the terms and conditions
(1) The provider and contractual partner for the goods displayed in the “GERNATY e.U.” online shop at http://www.gernaty.com is Natalie Opperer, Unterer Porst 43, 6850 Dornbirn, Vorarlberg, Austria (hereinafter referred to as “provider”).
(2) These terms and conditions are part of every contractual agreement between the provider and the respective customer. Conflicting terms and conditions of the customer are rejected.
§ 2 – Product range and conclusion of contract
(1) The provider offers the items displayed in the online shop for sale. The color display of the items on the website may vary slightly depending on the internet browser used and the monitor settings of the customer; these deviations are technically never completely avoidable.
(2) The selection of goods, conclusion of contract and contract processing are carried out in German or English. Spelling and grammatical errors in English are possible.
The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by email. You must therefore ensure that the email address you have provided us with is correct, that the receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.
(4) Retention of title: The delivered goods remain the property of the seller until full payment has been received.
(5) The provider delivers within Austria as well as to all other countries of the European Union and Switzerland. Possible shipping costs are displayed in the shopping cart.
(6) The customer selects the desired goods by either placing them in the “shopping cart” using the “Add to cart” button and continuing with the purchase or by clicking the “Buy” button to complete the selection of items. After entering their personal data and the desired payment method, the customer can transmit their binding order to the provider by clicking the “Complete order” button. The customer can view and change the data provided as part of the order or cancel the order altogether at any time before submitting their order.
(7) The provider makes a binding offer to purchase the goods displayed in the online shop. The customer's acceptance of the purchase offer depends on the payment method chosen by the customer: if the customer chooses to pay in advance by normal bank transfer, the contract is concluded as soon as the order request has been submitted using the “Complete order” button.
In any case, the provider confirms the conclusion of the contract by e-mail (contract confirmation).
(8) The content of concluded contracts is stored by the provider and sent to the customer by e-mail in the contract confirmation.
(9) The prices stated on the product pages include VAT and other price components, but do not include the respective shipping costs
(10) For deliveries to Liechtenstein or Switzerland, customs duties and import sales tax may apply, which the customer must pay to the customs authorities upon receipt of the shipment. These charges are in addition to the purchase price and shipping costs and cannot be influenced by the provider.
(11) The supplier delivers at the customer's option against advance payment by normal bank transfer, PayPal, Visa, Mastercard, Maestro, Shop Pay (via Stripe), Apple Pay, Google Pay, eps transfer or Klarna Sofort Überweisung.
(a) For payment by normal bank transfer, the customer receives the provider's bank details together with the contract confirmation. Transfers from abroad are only accepted as SEPA transfers in euros.
(12) For advance payment orders by normal bank transfer, a payment period of one week from receipt of the contract confirmation applies. The supplier reserves the desired goods for the customer for the duration of the payment period. It is the customer's responsibility to make his payment in good time so that it is received by the supplier within the deadline. The supplier reserves the right to withdraw from the purchase contract and sell the goods elsewhere if payment has not been received by the end of the period. Any payment received from the customer after withdrawal will be refunded to the customer.
§ 3 – Shipping, delivery times
(1) The provider hands over the goods to be delivered to the shipping company within five working days of receipt of full payment. If there are any obstacles to delivery or other circumstances that prevent the fulfillment of the contract, the provider will inform the customer by e-mail. The customer is not entitled to any claims arising from delivery obstacles or other circumstances. However, the payment made by the customer is to be returned immediately by the provider.
(2) If delivery to the customer fails because the customer has provided an incorrect or incomplete delivery address, a new delivery attempt will only be made if the customer bears the costs of the new shipment. The new shipping costs correspond to the shipping costs agreed at the time of the conclusion of the contract plus €4.90 processing fees. The provider will notify the customer by email of the costs required for a new delivery. A new shipment will only be made after these costs have been paid and the new delivery address has been sent.
§ 4 – Return of goods as a consumer
(1) Customers who purchase as consumers have a right of withdrawal in accordance with the legal requirements. Details can be found in the cancellation policy.
§ 5 – Warranty
The customer's warranty rights are governed by the statutory provisions.
§ 6 – Final Clauses
(1) The supplier collects and processes the data entered by the customer as part of his purchase for the purpose of contract processing and fulfillment.
(2) The law of the Republic of Austria applies, excluding the UN Sales Convention.
(3) Should individual provisions of these general terms and conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions.
§7 Transport Damage
(1) If goods are delivered with visible transport damage, please report such defects to the deliverer immediately and contact us as soon as possible, providing photographic evidence.
§8 Liability
(1) We shall have unlimited liability for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence, we shall be liable for damages resulting from injury to life, limb or health of persons.
§9 Final Clauses
(1) Should one or more provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.
(2) Contracts between us and you are subject exclusively to Austrian law, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).