Terms and Conditions

General Terms and Conditions for the online shop of GCT4U GmbH, registered office at 1220 Vienna, Breitenleerstrasse 77

I. Scope:

(1) These General Terms and Conditions (hereinafter "T&Cs") apply to all contracts for the supply of the units from the range of GCT4U GmbH (hereinafter the "Seller") that a consumer or business (hereinafter the "customer") concludes with the Seller via its online shop. The customer's own terms and conditions or other provisions expressly do not apply. Any other deviating arrangement in this respect requires written form to be valid and effective.

(2) A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that cannot be attributed predominantly to either their commercial or their independent professional activity.

(3) A business within the meaning of these T&Cs is a natural or legal person who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

II. Conclusion of the contract:

(1) The products and product descriptions presented in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve to describe the Seller's range of units; by going through the ordering process, the customer submits a binding offer to the Seller to purchase the selected product.

(2) The customer submits the offer via the online ordering process integrated into the Seller's online shop. After placing the selected product in the virtual cart and going through the electronic ordering process, the customer submits a legally binding contractual offer for the units contained in the cart by clicking the button that completes the ordering process ("Buy now").

(3) The customer may also submit the offer to the Seller by telephone, fax, email or post – the offer becomes binding upon receipt by the Seller.

(4) The only payment methods available are PayPal, credit card or Sofort-Überweisung (instant bank transfer). If the payment method "PayPal" is selected, payment is processed via the payment service provider PayPal (Europe) s.a.r.l. et Cie, S.C.A., which is licensed and supervised by the Luxembourg Commission de Surveillance du Secteur Financier. By selecting this payment method, the buyer submits to PayPal's terms and conditions/terms of use, available at https://www.paypal.com/at/webapps/mpp/ua/legalhub-full, and the Seller accepts no liability or responsibility whatsoever for the payment process in this respect; the buyer uses this payment method at their sole and exclusive risk. If the buyer selects "PayPal" as the payment method in the online ordering process, they simultaneously issue a payment order to PayPal by clicking the button that completes the ordering process ("Buy now"). In this case, the Seller hereby declares acceptance of the buyer's offer at the moment the buyer triggers the payment process by clicking the button that completes the ordering process. Payment by credit card and Sofort-Überweisung is processed at the buyer's risk and responsibility, in each case on the basis of their contract with the credit card company and their bank.

(5) The Seller may accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or by requesting the customer to pay. If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer's offer is received by the Seller and ends at the end of the fifth day following receipt of the offer.

(6) If the Seller does not accept the customer's offer within the aforementioned period, this is deemed a rejection of the offer, with the consequence that the customer is no longer bound by their offer.

(7) When an offer is submitted via the Seller's online ordering process, the contract text is stored by the Seller and sent to the customer in text form (e.g. email, fax or letter) together with these T&Cs after the order has been sent. In addition, the contract text is archived on the Seller's website and can be retrieved free of charge by the customer via their password-protected customer account by entering the corresponding login details, provided the customer created a customer account in the Seller's online shop before sending their order.

(8) Before submitting the order bindingly via the Seller's online ordering process, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process ("Buy now").

(9) Only the German language is available for the conclusion of the contract.

(10) Order processing and contact usually take place by email and automated order processing. The customer must ensure that the email address provided for order processing is correct and reachable and has sufficient storage capacity, so that the emails sent by the Seller can be received at this address. In particular, if spam filters are used, the customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

(11) By sending the order, the customer confirms that they have reached the minimum age required by law and undertakes to ensure that either they or a person of legal age authorised by them is able to accept the goods.

III. Right of withdrawal:

(1) It is expressly pointed out that natural and legal persons who qualify as businesses have no right of rescission or withdrawal of any kind. The offers made by them are binding; once accepted by the Seller, a legally effective and valid contract of sale has been concluded.

(2) Consumers, on the other hand, have a right of withdrawal, namely:

the consumer has the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the customer or a third party designated by them, who is not the carrier, took possession of the goods;

to exercise the right of withdrawal, the customer must inform the Seller of their decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). The customer may use the model withdrawal form available via the link provided below for this purpose.

To meet the withdrawal deadline, it is sufficient for the customer to send the communication concerning the exercise of their right of withdrawal before the withdrawal period has expired. If the customer withdraws from this contract, the Seller must reimburse all payments received from the customer, including the delivery costs (with the exception of the supplementary costs resulting from the customer's choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event not later than fourteen days from the day on which the Seller is informed of the customer's decision to withdraw from this contract. For this reimbursement, the Seller may use the same means of payment as the customer used for the initial transaction; the customer will not be charged any fees for the reimbursement.

(3) However, the Seller may withhold the reimbursement until it has received the goods back.

(4) The customer shall send back or hand over the goods to the Seller without undue delay and in any event not later than fourteen days from the day on which the withdrawal was declared.

(5) The customer is only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

IV. Prices and payment terms:

(1) Unless the Seller's product description states otherwise, the prices stated are total prices including statutory value added tax. Any additional delivery and shipping costs are stated and shown separately in the respective product description – at the latest in the order summary before clicking the "Buy now" button.

(2) The payment option(s) will be communicated to the customer in the Seller's online shop.

(3) The only payment options available to the buyer are PayPal, credit card and Sofort-Überweisung, without exception.

V. Delivery and shipping:

(1) The goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. For the handling of the transaction, the delivery address specified in the order processing is decisive.

(2) If the transport company returns the shipped goods to the Seller because they could not be delivered or because of any other obstacle to delivery, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the unsuccessful delivery, or if they were temporarily prevented from accepting the offered service, unless the Seller had announced the delivery to them a reasonable time in advance. Furthermore, this does not apply with regard to the costs of the outbound shipment if the customer validly exercises their right of withdrawal. In the event that the customer validly exercises the right of withdrawal, the provisions on return costs set out in the Seller's withdrawal information apply.

(3) Collection in person is possible at the collection point stated/specified by the Seller.

VI. Retention of title:

(1) Until the goods have been paid for in full, including the costs associated with delivery, the goods remain the property of the Seller (retention of title).

(2) Collection by the Seller of its goods subject to retention of title does not constitute rescission of the contract, but merely a safeguarding of the Seller's ownership while the contract of sale remains in force.

VII. Warranty:

(1) If the goods are defective, the statutory warranty provisions apply.

(2) The customer must report delivered goods with obvious transport damage to the courier and inform the Seller of this.

VIII. Governing law and jurisdiction:

(1) Austrian law applies. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

(2) The applicability of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.

(3) The jurisdiction of the respective competent court in Vienna is expressly agreed.