General Terms and Conditions

1. Terms and Conditions

The general terms and conditions apply to the sales and deliveries of goods from GIZMOtec. Alternative conditions for the buyer are only valid if agreed in written form and approved/signed by GIZMOtec. With the placement of an order, the buyer agrees to the general terms and conditions and is committed to them. GIZMOtec will only close contracts with natural persons, who are contractually capable without limitation and who have reached their 18th birthday, and with legal entities. All offers are subject to change and are non-binding. The order of the customer represents an offer to close a sales contract. Our sent acknowledgment of receipt and any status reports do not represent an acceptance of the offer. The sales contract is not closed until we deliver the ordered goods and confirm the customer the dispatch.

An order can be only be recorded on the website if the user has clearly identified him/herself entering his/her username and password or billing details, which are strictly personal. Online orders are possible only if all compulsory fields (fields marked with an asterisk) are filled in.
To make ordering on our website more easily the customer can create a customer’s account. For all following orders, the customer can login with the email address and the password you chose at your first entry.
The customer declares that he/she is at least 18-years-old and has the legal capacity – or has parental permission allowing him/her to place an order on the website. An order implies acceptance of the prices and descriptions of the products available for sale.
The customer has read and accepted these Terms and Conditions before placing the order. The validation of an order therefore implies acceptance of these Terms and Conditions.
After an order has been placed, the seller sends an email to the user confirming this order. GIZMOtec informs the customer when the products have been sent.

Further, GIZMOtec commits to fulfilling orders received through the website only as long as the products are in stock. If a product is out of stock, GIZMOtec commits to informing the customer of this.

The contact of the contract, all other information, customer service, data-information and complaint handling are generally offered in German or English language.

Unless otherwise noted, all prices are daily market prices “ex works” excluding the legal sales tax plus all expenses arising from the dispatch. Any possible additional delivery and dispatch costs are specified separately in the respective product description. Changes in price (through exchange rate fluctuation and technical changes) on the part of the producer are reserved. The buyer has to bear the cost of any arising import or export duties.

No sales tax applies for sales with customers outside the EU, but they do have to bear the respective national import duties. For sales to entrepreneurs within the EU no sales tax applies after the proof of the UID, however they have to pay the sales tax of their home country. The announcement of the UID has to be at placement of the order.
The charging is made in Euros.

Ex works Linz, the costs and risks of transport are beard from the customer.
Services/delivery: The right to alter an offer from www.gizmotec.eu/web/shop/ at any time is reserved by GIZMOtec. The prices of the deliveries and services offered from www.gizmotec.eu/web/shop/ do not contain costs which are invoiced from third parties.
The delivery is primarily made by Österreichische Post AG.

All missing or damaged shipments must be reported to the shipping company or post office that delivered your package, otherwise a replacement cannot be made.

The delivery normally takes place within 5 workdays from the confirmation of the order, but in any case within the compulsory delivery time of 30 days from the order date.
If a delivery is exceptionally delayed, we will contact you immediately as soon as we learn from the delay, but within the period of 30 days, and get your consent for a later delivery.
The consumer has to accept insignificant exceeding of the time of delivery, without being entitled to get compensation or to withdraw from the contract.

Since 1.1.2002 the warranty is limited to the compulsory period of 24 months.
Arising defects are to be announced at the delivery or at the appearance – without having negative legal effects to clients, who are customers according to the Customers Protection Law. If the defect is legitimated and rejected we will choose between corrections, reduction of price or replacement free of charge, for what an adequate time period is fixed. If the purchase is a commercial transaction (B2B) in the sense of § 1 Customer Protection Law (377 paragraph 1 commercial code) for the customer, he has to examine the goods immediately after the receipt and to inform us without delay about any defects.
GIZMOtec performs its services with greatest care, but is not liable for services, which are provided from third parties.
Recourse receivables from product liability in the sense of the Product Liability Law from contractual partners or third parties against us are impossible, unless the beneficiary of the recourse prove that it was a mistake with gross negligence in our sphere.

The contractual partners stipulate the use of Austrian right, as far as no compulsory regulations are opposed. If the contractual partner is a consumer, then the compulsory regulation of the law of the county, in which he has his general residence, must be applied.
For disputes from the contract with entrepreneurs, our business location is agreed as the place of jurisdiction. If the contractual partner is a consumer, he can take legal actions against GIZMOtec in Austria or in the country in which he has his residence. If he had his residence in Austria at the date of the conclusion of the contract, he can only bring suit in Austria.

For all deliveries, services and payments the place of fulfillment of the contract is the business location of your company.

All news, pictures and the design of GIZMOtec website are just for personal information for our customers. The use is carried out at one’s own risk. All dates of this offer is protected by §4 and §§87a ff of the copyright law.
The reproduction, copying and the print of the website are only allowed for the purpose of an order. Every other handling, duplication, copying and/or public reproduction exceeding normal use violates the copyright.

Estimates of costs are free of charge and without obligation.

2. Privacy Notice

We appreciate your visit to our website and thank you for your interest in our company, our products and our web pages. Protecting your privacy when using our web pages is important to us. Therefore, please take note of the following information.

Our staff members are sworn to secrecy due to the Data Protection Law. In addition, any customer data communication that took place is subject to the secrecy. Routing- and domain information have to be and are allowed to be passed on. The customer agrees to the using of his facts according to the contract for our bookkeeping and our customers administration.
The customer accepts that his data stated in the contract are used and saved for the purpose of accounting and customer evidence. The data are used to satisfy laws and regulations and for the payment transaction. Customer data are not passed on to third parties, unless this is necessary for the transaction.

Basically, you may visit our website without us collecting any personal data from you. Personal data is only collected if you voluntarily disclose such data for the purpose of concluding a contract or opening a customer account. Without your explicit consent, this data is merely used for contract performance and processing your inquiries. Upon complete fulfilment of the contract and complete payment of the purchase price your data will be stored with care for tax and commercial law retention periods, to be deleted upon expiry of these periods.

Furthermore, personal data is collected, if you subscribe to our e-mail newsletter. We use this data for our own advertising purposes in terms of our e-mail newsletter provided you have explicitly consented to it.

You may unsubscribe from our Newsletter at any time using the respective link in the Newsletter or by sending us a message. Your e-mail address will be deleted immediately after unsubscribing.

3. Shipping & Payment

Please gather information about the forwarding expenses from this list (in EURO, net).

Our Shipping cost within Austria: € 9,50-
Our shipping cost to EU countries + Switzerland: € 16,90-
Our shipping cost to all other countries: € 19,50-

When shipping outside the European Union the invoice will be without austrian VAT. Local taxes and customs duties usually apply and are added once your shipment reaches its destination. Please see your local authorities for more information. GIZMOtec does not know when additional charges such as additional brokerage fees will apply. These additional charges are the responsibility of the customer. You are responsible for following import regulations for your country.

GIZMOtec only accepts the payment methods stated when ordering

In case of delivery to countries outside the European Union, additional costs may incur in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes for example transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer may also incur, if delivery is not made in a country outside the European Union and the Client carries out the payment from a country outside the European Union.

4. Rights of Withdrawal & Returns

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, or e-mail).

GIZMOtec GmbH
Industriezeile 35/2
4020 Linz
Austria
Telephone: +43 (0) 7435/2111-0
E-Mail: office@gizmotec.eu

You can use the attached model withdrawal form or any other unequivocal statement.

Withdrawal form (PDF)

We will inform you (e.g. by e-mail) about the confirmation of the receipt of such a withdrawal. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments 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 us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

Return the Goods to:

GIZMOtec GmbH
Industriezeile 35/2
4020 Linz
Austria

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

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