Terms and conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts concluded between the provider and the customer via the provider's online shop. Unless otherwise agreed, the inclusion of the customer's own terms is objected to.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor to their self-employed professional activity.

(3) The contract language is German. The text of the contract is stored by the provider. However, this storage is only for a limited period, and the customer must therefore arrange for a printout or separate storage themselves.

(4) Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions shall not be affected.

§ 2 Subject matter of the contract

The subject matter of the contract is the sale of goods. The details, in particular the essential characteristics of the goods, can be found in the article description and the supplementary information on the provider's website.

§ 3 Conclusion of the contract

(1) The provider's offers of goods on the internet do not constitute a binding offer to conclude a purchase contract, but an invitation to place an order (purchase offer by the customer).

The customer can submit their purchase offer via the online ordering system.

The following applies to purchases via the online shop system:

The goods intended for purchase are placed in the "basket". Using the corresponding button in the navigation bar, the customer can call up the "basket" and make changes there at any time. After calling up the "checkout" page and entering the personal details as well as the payment and shipping terms (accessible via the page "Payment and shipping terms"), all order data is displayed once again at the end. Before sending the order, the customer has the opportunity to check all details again, to change them (also using the "back" function of the internet browser) or to cancel the purchase. By sending the order using the corresponding button, the customer submits a binding offer to the provider. The customer first receives an automatic email confirming receipt of their order, which does not yet constitute the conclusion of a contract (confirmation of receipt).

(2) The use of permitted instant payment methods by the customer does not yet lead to the conclusion of a contract, despite payment of the purchase price or fee. The offer is accepted (and the contract thereby concluded) by dispatch of the ordered goods.

If the customer has received no confirmation or notification of delivery and no goods within 14 days of receipt of payment, they are no longer bound by their order. Any payments already made will in this case be refunded without delay.

Gössl reserves the right to make partial deliveries through several Gössl stores.

§ 4 Prices, shipping costs

(1) The prices stated in the respective offers as well as the shipping costs are final prices. They include all price components including all applicable taxes.

(2) The shipping costs incurred are not included in the purchase price; they can be called up via the page "Payment and shipping terms", are shown separately during the ordering process and are to be borne additionally by the customer, unless free delivery has been promised.

§ 5 Payment and shipping terms

(1) The terms for payment and shipping can be found on the page "Payment and shipping terms".

(2) Should a product ordered by the customer, contrary to expectations, be unavailable for reasons beyond the provider's control despite the timely conclusion of an adequate covering transaction, the customer will be informed of the unavailability without delay and, in the event of withdrawal, any payments already made will be refunded without delay.

(3) As a consumer, the customer is asked to check the goods on delivery immediately for completeness, obvious defects and transport damage, and to notify the provider and the carrier of any complaints as soon as possible. The customer's warranty claims remain unaffected by this.

Insofar as the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods during dispatch passes to the customer only upon handover of the goods by the commissioned transport company, irrespective of whether the dispatch is insured or uninsured.

If the customer is not a consumer, delivery and dispatch are at their risk.

(4) The provider reserves the right to exclude individual payment methods.

§ 6 Return costs upon exercise of the right of withdrawal

In the event of the exercise of the statutory right of withdrawal applicable to consumers in the case of distance contracts, the following applies: returns from Austria and Germany are free of charge for the customer. For returns from other countries with a goods value below 300 euros, the customer bears the direct costs of the return, but no more than 20 euros, unless the goods delivered do not correspond to those ordered. In all other cases the provider bears the costs of the return.

§ 6a Voluntary right of return

In addition to the statutory right of withdrawal, the provider grants consumers a voluntary right of return of 30 days from receipt of the goods for orders placed in the online shop. Within this period, unworn goods with all labels attached may be returned without giving reasons; the refund is made to the original means of payment. The statutory right of withdrawal remains unaffected by this voluntary right of return. § 6 applies accordingly to the costs of the return.

§ 7 Set-off, right of retention

(1) The customer is entitled to a right of set-off only if the counterclaim is undisputed, has been legally established or has been recognised by the provider.

(2) The customer may exercise a right of retention only insofar as it concerns claims arising from the same contractual relationship.

§ 8 Warranty

(1) The statutory provisions apply.

However, withdrawal from the contract by the customer is excluded in the specific individual case that the goods show gross hygienic soiling caused by the customer.

(2) If the customer is not a consumer, the following applies: in the case of defects, the provider provides warranty at its option by rectification or replacement delivery. If the remedy of the defect fails twice, the customer may at their option demand a reduction in price or withdraw from the contract. In the case of rectification, the provider does not have to bear the increased costs arising from the renewed delivery of the goods to a place other than the place of performance.

(3) If the customer is a consumer, the statutory warranty period of two years from delivery of the goods applies. If the customer is not a consumer, the warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damage attributable to the provider arising from injury to life, body or health, and to damage caused by gross negligence or intent or by wilful deceit on the part of the provider, nor to claims of recourse under the statutory provisions.

§ 9 Retention of title

(1) The goods remain the property of the provider until the purchase price has been paid in full. In the event of default of payment, the goods subject to retention of title are to be returned to the provider at the customer's expense within 3 days at the latest of the provider's request. The customer bears the transport risk.

§ 10 Data protection provisions

Information on how the provider processes the customer's personal data, which service providers it uses for this and what rights the customer has can be found in the provider's Privacy policy.

§ 11 Liability

(1) The provider is liable without limitation for damage arising from injury to life, body or health, insofar as it fraudulently conceals a defect or has assumed a guarantee for the condition of the object of purchase, in all cases of intent and gross negligence, for damage under the Product Liability Act or insofar as otherwise mandatorily prescribed by law.

(2) Insofar as essential obligations under the contract are affected, the breach of which jeopardises the achievement of the purpose of the contract, the provider's liability in the case of slight negligence is limited to the damage typical of the contract and foreseeable.

(3) In the case of the breach of non-essential contractual obligations, liability for slightly negligent breaches of duty is excluded.

(4) According to the current state of technology, data communication via the internet cannot be guaranteed to be free of errors and/or available at all times. In this respect, the provider is liable neither for the constant nor for the uninterrupted availability of the website and of the service offered there.

§ 12 Choice of law, place of performance, place of jurisdiction

(1) Austrian law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law applies only insofar as it does not withdraw the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).

(2) In the event of disputes arising from the orders placed and deliveries made, the exclusive jurisdiction of the court with subject-matter competence in the provincial capital of Salzburg applies.

Salzburg, 20.10.2026