General Terms and Conditions (GTC) Great By Date GmbH
1. Scope of application
These General Terms and Conditions (in short “GTC”) apply to the sale of products, in particular via the online store on http://www.greatbydate.com, by Great by Date GmbH (in short “GBD”).
Please read these GTC carefully before placing an order. By placing an order, you agree to the application of these GTC to your order. The current version of the GTC can be accessed and printed out at the following http://www.greatbydate.com/en/agb. General terms and conditions of the contractual partners of GBD shall not become part of the contract in any case.
2. Conclusion of contract
By sending your order, you accept these GTC and make a binding offer to GBD to conclude a purchasing agreement for the products listed in the order.
Upon receipt of your order, GBD will send you an automatic order confirmation to the e-mail address provided by you, in which the ordered products are listed again in detail. This order confirmation only documents that your order has been received by GBD and does not constitute an acceptance of your offer by GBD. A legally binding purchasing agreement is only concluded by GBD’s submission of a declaration of acceptance transmitted by separate e-mail. If you do not receive this e-mail, a purchase contract is concluded with the delivery of the products in any case.
You agree that we may send you invoices as well as the content of the contract (order, general terms and conditions, shipping confirmation) electronically. The following restrictions apply to the conclusion of contracts: GBD only accepts offers for the conclusion of purchase contracts if you as a contractual partner 1.) are a consumer in the sense of the KSchG, 2.) have an invoice address in the European Economic Area as well as a delivery address in Austria, 3.) do not purchase the products for business or resale purposes and 4.) only order the products in household quantities.
3. Availability of goods
In view of the existing business model, GBD is not obliged to keep a product offer available at any time. There is also no obligation for GBD to conclude a purchasing agreement.
Despite all efforts, the images of the product portfolio may differ from the delivered product both in color and design.
4. Delivery, shipping (in AT, to DE)
Delivery will be made to the delivery address provided by you. The delivery times indicated by GBD on the website are not binding delivery dates, but only approximate guidelines and are calculated from the date of the order confirmation.
The flat rate shipping fee is € 4.90 (including statutory VAT) for deliveries in AT, for deliveries to DE the shipping fee is € 8,90 (including statutory VAT). Since the VAT on the flat shipping rate is calculated depending on the purchased goods, it may be reduced if goods are purchased at lower VAT rates (e.g. when purchasing dietary supplements). This means that the shipping fee can only be finally calculated during the ordering process. However, it cannot be higher, but only lower in your favor.
GBD delivers free of shipping costs from an order value of € 29.00 in AT, from an order value of € 50.00 to DE.
GBD is not liable for any delays in the course of delivery. GBD will inform you immediately if it becomes aware of such a delay and will always try to keep a delay as short as possible.
Upon receipt of delivery, please check the products and make sure that all ordered products are in place. If any products are missing or damaged, notify GBD in writing immediately, otherwise the order will be deemed accepted and fulfilled in full. In case of obvious damage in transit, please claim it immediately to the delivery person.
All prices stated are inclusive of the respective statutory value added tax. The total price of the order, including any applicable delivery charges, will be displayed before you place your order and during the payment process and must be confirmed by you.
GBD is not responsible for any additional fees, charges or taxes applicable to your purchase, in particular import duties. These must be paid separately.
6. Payment methods, reservation of ownership
You can choose between the following payment methods:
Visa, Mastercard, Maestro eps Onlineüberweisung and direct banc transfer (advance payment).
The payment of the purchase price is due immediately upon the conclusion of the contract, will be charged in advance at the time of the order and debited from your account. You confirm that in the case of payment by credit or debit card, it is your own.
In any case, until full payment, the delivered products remain the property of GBD. The right of ownership passes back to GBD immediately in case the purchase price is refunded by GBD. Upon delivery of the products, the risk passes to the recipient.
If payment to GBD is not authorized, refused or delayed by your payment service provider, GBD shall in no event be liable for any failure or delay in delivery.
7. Right of withdrawal
You as a consumer (hereinafter also referred to as “consumer”) may withdraw from a distance contract or an off-premises contract within 14 days without giving any reason.
The period for withdrawal begins
- in the case of service contracts, from the date of conclusion of the contract,
- in the case of purchase contracts and other contracts for the acquisition of goods against payment
- a) on the day on which the consumer or a third party designated by the consumer and not acting as a carrier acquires possession of the goods,
- b) if the consumer has ordered several goods as part of a single order, which are delivered separately, on the day on which the consumer or a third party not acting as a carrier and designated by the consumer acquires possession of the last goods delivered,
(c) in the case of a contract for the supply of goods in several instalments, on the day on which the consumer or a third party other than the carrier and indicated by the consumer takes possession of the last instalment,
- d) in the case of a contract for the regular delivery of goods over a fixed period of time, on the day on which the consumer or a third party not acting as a carrier and designated by the consumer acquires possession of the goods delivered first,
- in the case of a contract for the supply of water, gas or electricity not offered in a limited volume or quantity, the supply of district heating or the supply of digital content not stored on a tangible medium, on the day on which the contract is concluded.
In order to exercise the right of withdrawal, you must send a clear declaration (e.g. e-mail, a letter sent by post, …) to GBD about your decision to withdraw from this contract. You can use the following model withdrawal form (which you can also download here https://www.wko.at/branchen/information-consulting/immobilien-vermoegenstreuhaender/Form-Widerrufsformular-Anhang-I-BGBl_2.pdf), which is not mandatory:
To Great by Date GmbH, 1170 Vienna, Dornbacher Straße 48, FN 583279p, firstname.lastname@example.org
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
We kindly ask you to indicate the details of the order as well as the order number to facilitate the subsequent communication. To comply with the cancellation period, it is sufficient that you send the notice of exercise of the right of cancellation before the expiry of the cancellation period.
If you withdraw from the contract, GBD will refund the price paid for the products, including the cost of delivery to you, without undue delay and no later than fourteen days from the day on which we received the notification of your withdrawal from this contract. The same means of payment that you used for the original transaction will be used for this repayment, unless GBD agrees otherwise with you in writing; you will not be charged any fees by GBD because of this repayment.
GBD reserves the right to refuse repayment until GBD has received the Products back or you have provided proof of return of the Products, whichever is earlier.
You shall return or hand over the Products to GBD without undue delay and in any case no later than within fourteen days from the day on which you have notified GBD of the revocation of this Agreement. The deadline is met if you send the Products before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the Products; the Products must be returned in suitable packaging.
You shall only be liable for a loss in value of the product if this loss in value was caused by your handling of the product in a manner that is not attributable to handling necessary for testing the condition, properties and functioning of the product.
The right of withdrawal does not apply to products that have been manufactured or clearly personalized according to the consumer’s specifications and those that, due to their nature, cannot be returned or can quickly spoil or expire. Furthermore, there is no right of withdrawal for those products that were delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the attached seal has been removed. Products that have been inseparably mixed with other goods after delivery due to their nature are also excluded from the right of withdrawal.
8. Warranty, material defects
The statutory warranty law applies to you as a consumer. You can request within the statutory period (currently 2 years) or until the expiration date, depending on which event occurs earlier, in case of material defects, an improvement or a replacement or, if this is not possible or cannot be done within a reasonable time, a price reduction or, if it is not a minor defect, a refund of the purchase price.
GBD is liable to you without limitation for claims arising from damages caused by GBD, its legal representatives or vicarious agents, in case of injury to life, body, health or which are based on an intentional or grossly negligent breach of duty.
In the course of the violation of essential contractual obligations GBD is only liable for the contract-typical, foreseeable damage, if this was caused by slight negligence.
The limitations of the first two paragraphs also apply in favor of the legal representatives and vicarious agents of GBD, if claims are asserted directly against them.
10. Suggestions, complaints and questions
You can send all questions regarding the GTC as well as complaints and suggestions via e-mail to email@example.com. We will try to answer them promptly. GBD is committed to solving any problems that may arise together with you. If you are still not satisfied, you are free to use the online dispute resolution platform provided by the European Commission https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE or that of the Austrian arbitration board for consumer transactions. GBD is not obligated to participate and does not promise to participate in these arbitration proceedings.
11. Other rights
The contents of the website as well as the online store are protected by trademark and copyright. Any unlawful use (except the purchase as well as the search for individual products) of the existing contents, illustrations, photographs, articles and other descriptions without an explicit written consent of GBD may violate rights of GBD or third parties and may result in corresponding legal consequences. The same applies to the use of any data collection programs that unlawfully extract data and content from the website or the online shop.
12. Final provisions
The contracting parties agree that the purchase contract including these GTC, its legal validity, interpretation and fulfillment shall be governed exclusively by Austrian law, excluding its conflict of law provisions and excluding the UN Convention on Contracts for the International Sale of Goods.
The contracting parties agree, to the extent permitted by law, on the exclusive jurisdiction of the Austrian courts and on German as the language of the proceedings.
Should specific provisions of the contract concluded between the contracting parties as well as these GTC be or become ineffective, unenforceable or invalid in whole or in part, the effectiveness, enforceability or validity of the remaining provisions shall not be affected thereby. In place of the ineffective, unenforceable or invalid provision, the effective, enforceable or valid provision shall be deemed to have been agreed which most closely corresponds to the economic content as well as the meaning and purpose of the ineffective, unenforceable or invalid provision; the same shall apply mutatis mutandis to any loopholes in the contract as well as these GTC.
If possible, the individual provisions of the individual provisions shall be deemed to be severable and any partial invalidity, impracticability or invalidity of such provision of a provision shall not affect the validity, practicability or validity of the remaining provisions of a provision.
13. Contact information
Great by Date GmbH
Dornbacher Street 48