General Terms & Conditions

Goldeck Austria Online Shop
of
GOLDECK TEXTIL GMBH, FN 33450t
Seebacherstraße 11-13, A-9871 Seeboden

Contents
1. Preliminary remarks
2. Contractual partners
3. Offers and orders
4. Prices
5. Payment
6. Retention of title
7. Shipment
8. Shipment costs
9. Special provisions for 30 days of test sleeping
10. Delivery
11.Consumer
12. Guarantee
13.Warranty
14. Compensation
15. Exclusion of a performance guarantee
16. Complaints
17. Data protection
18. Choice of law
19. Place of jurisdiction

1. Preliminary remarks

The Goldeck Austria Online Shop is an online platform operated under the Internet address www.goldeckaustria.com by GOLDECK TEXTIL GMBH, company registration number: FN 33450 t at the Regional Court of Klagenfurt, Seebacherstraße 11 – 13, A-9871 Seeboden, – referred to hereinafter in brief as “Goldeck Austria” – via which the latter undertakes the online mail order of goods through distance selling. Goldeck Austria is a registered trade mark of GOLDECK TEXTIL GMBH.

2. Contractual partners

Transactions concluded via the Goldeck Austria Online Shop in the form of distance selling (online transactions) are deemed to be exclusively concluded between the respective Customer and GOLDECK TEXTIL GMBH, referred to hereinafter in brief as Goldeck Austria.

3. Offers and orders

All offers published on the online platform www.goldeckaustria.com strictly remain subject to change. They are only an element of the range of goods presented on the online platform that is non-binding in terms of its scope, the articles and its design.

The respective pictorial illustration of the goods presented is non-binding and does not trigger any legal claim to delivery in a format corresponding to the illustration.

Offers invite potential buyers to make binding offers to buy (orders) to Goldeck Austria for the purchase of the goods presented.

Goldeck Austria reserves the right to accept or decline orders in full or also only in part or, insofar as this is not associated with any unreasonable change to the article in the respective individual order of goods, also to change the design of this at any time (colour, type of manufacture, design).

The order is placed by completing and clicking on the respective fields or buttons provided in the online order forms. Orders for different goods can be collected in a shopping basket provided for this purpose and placed jointly.

By sending the completed or sufficiently completed online order, the Customer issues a binding and – apart from the separate rights of cancellation or return – also irrevocable offer to buy on the conditions defined in the order, and undertakes to completely fulfil such conditions.

Goldeck Austria shall accept the order upon receipt thereof by sending an order confirmation to the Customer, and shall undertake to deliver the goods ordered on the respective applicable conditions.

Acceptance of orders that has taken place in return for prepayment shall cease to be effective after the expiry of 10 days from the day of ordering unless Goldeck Austria has expressly declared anything to the contrary when accepting the order.

4. Prices

The prices stated in the context of the range of goods presented are final prices and also include in particular the statutory VAT in force at Goldeck Austria’s registered office.

Insofar as the liability to taxation passes to the Customer on the basis of the fulfillment of the necessary requirements for this (reverse charge), the invoice shall be issued without charging VAT.

Prices that apply for only a certain period of time or for a particular (minimum) quantity of goods must be expressly identified as such in the information intended for the Customer.

5. Payment

Payment for the goods ordered shall take place by agreement either by prepayment, credit card or other payment methods that are usual, appropriate and generally recognised in online trade.

The payment method shall be selected and payment made at the same time as placing the order.

The conditions applying to the respective payment methods are mentioned in more detail in the respective forms that are supplied for completion when ordering.

Goldeck Austria reserves the right to decline orders with the respective payment method selected by the Customer either on an individual case basis or also generally.

6. Retention of title

Irrespective of the other terms and conditions of payment and delivery, the acceptance and delivery of orders for goods takes place strictly subject to retention of title. In all events, delivered goods remain the property of Goldeck Austria until they have been paid for in full.

7. Shipment

Orders for goods are shipped using the forms of shipment that are usual, appropriate and generally recognised in online retail.

Insofar as the Customer has selected a particular form of shipment in his order and accepted the conditions that apply to this, the shipment shall take place using the respective form of shipment selected.

8. Shipment costs

Together with our shipment partner GLS we deliver your order free of shipping costs. However, this only applies to selected countries[1] of the EU and Switzerland.

In the case of deliveries to Switzerland please keep in mind that we will charge you the amount with Austrian VAT. This amount includes the Swiss VAT as well as any custom duties, which are due when importing to Switzerland. For Swiss customers there are no additional costs when purchasing from our online shop, which means Goldeck Austria is taking on VAT and custom duties.

Currently, we do not deliver to any other countries.

9. Special provisions for 30 days of test sleeping

Upon receipt of the products ordered you have 30 days to test them at your leisure. Should you decide to not want to share your bed with Goldeck bedding goods, you can return all articles within the afore-mentioned period of time and in doing so withdraw from the purchase without having to state any reasons. This withdrawal period starts with the receipt of the goods. All of our bedlinen is excluded from the 30 days of test sleeping as well as all custom made products from our XL product range.

Returns

You can return your orders free of charge through GLS by using a GLS return label. Upon request you will receive the return label with the relevant return data via email from our customer support service (support@goldeckaustria.com). Please print this label and stick it onto your parcel. Then bring the parcel to the nearest post office or drop it off at the nearest GLS packing station so it can be picked up by GLS. If you wish, the parcel can also be picked up at your home if you pre-arrange a specific period of time for the pickup and if it is ensured that the parcel can be handed over to GLS during that time.

Reimbursement

Once we have properly received your returns, we will refund the purchase price you paid for the product based on the type of payment chosen by you:

Credit card: refund to your credit card account. You will see the booking on your next credit card settlement.

PayPal: refund to your PayPal account.

Immediate bank transfer: refund to your bank account.

10. Delivery

Depending on their availability at Goldeck Austria, goods that have been ordered are usually delivered after the order has been received and accepted, to the delivery address stated in the order.

Deliveries to post box numbers or made available poste restante, and to delivery addresses at which no person authorised to accept them is present, are excluded.

Upon drop-off of the goods at the place of delivery, they are deemed to have been properly delivered. If goods are delivered with obvious damages, please address a complaint about the damage immediately to the deliverer and contact us as soon as possible. Any failure to file a complaint or contact us has no consequences on the statutory warranty claims of consumers and merely serves to support Goldeck Austria to make its claims against the company responsible for delivering the goods claimed or the insurance body.

Goldeck Austria is unable to accept any liability for the acceptance of the shipment by unauthorised persons. Any liability by the transport or delivery service provider remains unaffected by this.

Insofar as it is technically or organisationally possible, electronic shipment tracking systems are used or provided for use respectively.

The respective delivery periods (time and duration of delivery) depend on the availability of the respective goods as well as the duration of delivery that can be expected normally or under specific circumstances, including in particular the composition of the goods, the form of shipment, the means of transport the place of delivery.

Delays in delivery that occur due to official requirements, decrees or the actions of the authorities shall not in any event be at the expense of Goldeck Austria.

The payment of any customs duty, levies or fees at the place of delivery is strictly a matter for the Customer.

Goldeck Austria must in all events be entirely indemnified and held harmless in this respect by the Customer. Goldeck Austria expressly reserves the right to refuse delivery and to retract its acceptance of orders for goods at any time with regard to Customers who are in default of payment for previous deliveries.

11. Consumers

Customers, who in their relationship with Goldeck Austria, are to be regarded as consumers as defined by the relevant statutory provisions of the law applicable to the respective transaction, have a right of withdrawal or cancellation respectively insofar as this is provided for by such law. This right must be asserted within the period of time applicable in accordance with the respective statutory provisions by means of a declaration corresponding to the respective provisions, and in all events in writing.

The goods delivered and taken over respectively must be properly returned to Goldeck Austria simultaneously with the declaration of cancellation, otherwise the declaration of withdrawal or cancellation respectively shall be legally ineffective.

Insofar as no longer statutory period is provided for this, the entitlement to withdrawal or cancellation shall apply within a period of seven working days from the acceptance of the goods, but at the most after Goldeck Austria has met the duties of notification applying to it in accordance with the relevant provisions.

In the event of effective withdrawal or cancellation respectively, both sides are obliged to immediately return the services they have each received and to hand over any benefits acquired, such as interest earnings or benefits of use or enjoyment. Appropriate compensation must be made accordingly for damage to the goods, for reductions in or loss of value, or for the partial or total loss of the goods.

The return or payment of compensation respectively must take place at the latest within 30 days of the declaration of withdrawal or cancellation. The costs of the return or of the payment of compensation respectively must be borne by the obligated party unless anything has been expressly agreed or warranted otherwise.

Together with the delivery of the goods Goldeck Austria shall re-send to recipients of goods that are consumers all the information that is required for the supplier to fulfill its duties of information to consumers.

12. Guarantee

The promises of guarantee declared in connection with the presentation of the respective goods shall apply for the granting of guarantees. The same also applies to the exclusion of claims under guarantee.

Promises of guarantees over and above this declared by manufacturers shall remain unaffected by this.

In the event of the benefits of a guarantee being used, Goldeck Austria shall only accept or reimburse those costs that are directly connected with the fulfillment of the duty of guarantee. Liability for costs over and above this is excluded.

13. Warranty

Goldeck Austria warrants that the goods supplied are free from defects exclusively in accordance with the relevant provisions of the law applicable to the respective transaction. This applies both to the warranty periods and also to the extent and form of the respective claims under warranty, as well as their possible exclusion.

14. Compensation

Goldeck Austria shall solely be liable for damage that is caused by intentional or grossly negligent behaviour that is ascribable to it. In addition, the amount of any applicable compensation to be paid shall be limited to the value of the goods ordered that are associated with the occurrence of damage.

Product liability claims can only be asserted against Goldeck Austria in accordance with the relevant provisions of the law applicable to the respective transaction.

Liability for consequential damage is excluded in all events.

A duty of compensation for lost profits at the expense of Goldeck Austria is excluded in all events.

Insofar as an agreement on the limitation of the liability of Goldeck Austria is not permissible in accordance with the relevant provisions of the law applicable to the respective transaction, such liability shall in all events be deemed to be limited to the extent that is permissible. In all events the amount shall be limited to such damages as typically were foreseeable at the conclusion of the agreement.

15. Exclusion of a performance guarantee

Goldeck Austria provides no warranty or guarantee for the performance or availability of the Goldeck Austria Online Shop, in particular for its being available at all times.

In all events technical or electronic faults in the online offering shall not in themselves form the basis of any liability by Goldeck Austria. Likewise, illegal infiltration or the illegal use of data, in particular also of access data that was collected in connection with the use of the Goldeck Austria Online Shop , shall in no event lead to any liability by Goldeck Austria.

16. Complaints

If an article has been damaged or is unusable for any other reason, you can file a complaint. We will send you a replacement as soon as possible.

17. Data protection

Collection, processing and use of personal details

You can visit and use the Goldeck Austria Online Shop without providing personal details. We only store non-personal access data such as the name of your Internet Service Provider, the site from which you visit us or the name of the file requested.

This data is evaluated solely to improve our offering and does not enable any conclusion as to your identity.

Personal details are only collected if you voluntarily provide these to us when ordering goods or opening a customer account or registering for our newsletter. The data you have communicated is used without your separate consent only for the fulfilment and processing of your order.

Once the agreement has been fully processed and the purchase price has been fully paid, further use of your details will be blocked, and they will be deleted after the expiry of the statutory storage periods in respect of tax and commercial law unless you have expressly agreed to the further use of your details.

When you register for our newsletter, your email address will be used for our own advertising purposes until you unsubscribe from the newsletter.

You can unsubscribe at any time. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyse how you use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this, you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

You can object to data collection and storage by Google Analytics at any time with future effect by downloading a browser add-on to deactivate Google Analytics and installing this for your browser.

Use of cookies

We use cookies on different pages to make your visit to our website more attractive and enable the use of certain functions. This involves small text files that are deposited on your computer. Most of the cookies we use are deleted from your hard disk again after the end of your browser session (so-called session cookies). Other cookies remain on your computer and enable us to recognise your computer again on your next visit (so-called persistent cookies). These cookies serve to welcome you with your user name and prevent you from having to re-enter your password or fill in forms with your details when you place subsequent orders. Our partner companies are not permitted to collect, process or use personal details via our website by means of cookies.

Passing on personal details

Your details will be passed on to the shipment company tasked with delivery insofar as this is necessary for the delivery of your goods. To process payments we pass your payment details on to the bank instructed to make the payment or the bodies responsible for processing credit card payments.

Right of information

In accordance with the Datenschutzgesetz [Federal Act on the Protection of Personal Data] you have a right to free information about your details that have been stored and, as appropriate, a right to correct, block or delete these details. We will store the contractual wording relating to your orders and send you the order details and our General Terms and Conditions of Business by email. You can also view our General Terms and Conditions of Business here at any time. You can view your past orders in our customer login area.

Contact for data protection

If you have any questions about the collection, processing or use of your personal details, wish to have information about your details or correct, block or delete them, or would like to revoke consents you have provided, please contact the support team: office@goldeckaustria.com

18. Choice of law

Insofar as it is permissible in accordance with the relevant provisions in force, Austrian law is deemed to have been agreed.

19. Place of jurisdiction

Insofar as it is permissible in accordance with the relevant provisions in force, for all disputes arising from transactions undertaken via the Goldeck Austria Online Shop it is deemed to be agreed that the court with factual and local competence for the registered office of Goldeck Austria shall have jurisdiction.

[1] Austria, Germany, France, the Netherlands, Luxembourg, Denmark, Switzerland, Italy, Slovenia, Slovakia, Poland, Czech Republic