§ 1 General information and scope of application
§ 2 Order placement and conclusion of contract
§ 3 Prices
§ 4 Delivery and terms of Delivery
§ 5 Reservation of Proprietary Rights
§ 6 Terms of Payment
§ 7 Warranty
§ 8 Liability
§ 9 Cancellation
§ 10 Protection of Youth
§ 11 Miscellaneous
§ 1 General information and scope of application:
All business relations between Glukon and its customers (hereinafter also the Buyer) are subject exclusively to the following General Terms and Conditions at the time the order is placed.
Any other Terms and Conditions of the customers are not accepted by Glukon , unless Glukon has explicitly agreed to their validity.
§ 2 Order placement and conclusion of contract:
Any order placed by a customer serves as an offer of contract towards Glukon . Glukon will inform the customer on the receipt of the order by sending an email (order confirmation). The order confirmation does not constitute any acceptanctance of the order by Glukon. The contract of sale is established by the acceptance of the offer by Glukon . The acceptance is effected by a shipping confirmation sent by email or by the dispatch of the goods. Glukon can accept the offer within two weeks from the receipt of the offer made by the customer.
In case of a Standing Order, the customer will receive the ordered products on a regular basis at desired intervals and for the latest prices of the particular products. Hereby, price reductions due to special offers as well as price increases can arise. Before shipping the Standing Order, Glukon will inform the customer about the current prices by sending an email. If Glukon does not receive any notification in terms of rejection, Glukon will assume the acceptance on the part of the customer.
Glukon does not assume any liability for failures arising in the transfer of orders sent by email or fax. Contract data are not completely stored by us in the form of order confirmations. If requested, we will send the order confirmation once again by email.
§ 3 Prices:
This applies to prices valid at the time of the order placement. This does not apply for any falsities, incorrectly listed products and images. All prices are including the applicable Austrian VAT. The amount of empties may be stated separately.
For deliveries outside of Austria, for which the Austrian VAT is not to be applied, net prices will be calculated by deducting the Austrian VAT (net prices calculated below) and then the foreign VAT shall be applied. Should any changes be made to the VAT liability law, only the net prices will be charged. The customer would then have the obligation to pay the applicable VAT to the competent tax authorities.
For deliveries to countries other than Austria, additional taxes, duties and/or costs may be incurred which are not included in the prices. These are borne by the buyer.
The buyer has to bear the additional costs of the ordered goods in accordance with our shipment conditions in force at the time the order is placed.
§ 4 Delivery and terms of delivery:
Deliveries to the address indicated by the buyer are subject to the Terms of Delivery valid at the time of order placement.
A collection of the goods by the customer is possible.
Glukon is entitled to partial deliveries to a certain extent. However, the buyer will only bear the delivery costs arising in the case of one complete delivery.
If the customer defaults or causes a delay in accepting the consignment or infringes any other obligation to co-operate, Glukon will be entitled to claim any damage or costs thereby incurred. Further claims may be reserved.
The risk of an accidental loss or deterioation of the goods shall be passed on the the buyer at the time, when the delay in acceptance arises.
Find more detailled information on packaging and shipping costs in the Terms of Delivery and Payment Methods.
§ 5 Reservation of Proprietary Rights:
The delivered product remains the property of Glukon until the full payment of the purchase price is made.
§ 6 Terms of Payment:
The purchase price is payable upon acceptance of the order by Glukon .
Payment is subject to the terms of payment terms in force at the time the order is placed. The payment options defined as standard can be found under "Payment Methods".
The payment options available for a certain customer depend on the results of a payment history investigation made in accordance with the legal provisions. There is no right to any particular method of payment. The payment methods made available to you may differ from the standard ones available for the delivery area in question.
There is no possibility of a cash discount deduction, but even a special-discount in case you reach some turnover steps in the last 12 months.
In case of failure to honour or in case of a return of a direct debit, the buyer hereby irrevocably authorizes his/her bank to inform Glukon about his/her full name and current address. Possible fees for return debit notes invoiced by the buyer to Glukon can be charged back by Glukon to the buyer.
Find more detailled information on terms of payment in the section of delivery options and payment methods.
§ 7 Warranty :
In case of a defect of the ordered goods, the statutory provisions apply. Slight variations in respect of the specified and the actual weight of the contents of the goods are exceptions to this rule.
§ 8 Liability:
Glukon is only liable for deliberate intention and gross negligence.
Liability for negligence can only be invoked, if loss of life, personal injury or health are involved and for the breach of a contractual obligation (cardinal obligation). In the case of negligent breach of cardinal obligations, liability is limited to typical contractual and foreseeable damages.
The legal representatives, employees and agents of Glukon are not liable at a further extent than Glukon itself.
Glukon is not liable for the quality of the delivery service. Claims may only be addressed against the courier company in question. Breakages are insured by Glukon up to a maximum of € 520,00 excl. Tax. The customer undertakes to check the contents of the package delivered in the presence of the supplier and acknowledge him of any breakages.
§ 9 Cancellation Policy & Cancellation Consequences:
You may revoke your contractual declaration within fourteen days, no reasons required. The fourteen day period commences with the day you or a third party in your representation, other than the carrier, receive the goods.
In order for you to exercise your cancellation right, you should contact us (www.gluckon.com) and supply a request (e.g. post a letter, send a fax or an e-mail) informing us about your decision to cancel the contract.
The cancellation can be sent to us electronically, by accessing our website contact form. Should you make use of this facility, we shall automatically send you a confirmation of the receipt of your cancellation request (e.g. by email)
To ensure the period of revocation, the timely sending of the revocation request suffices.
Consequences of revocations
In the case of an effective revocation, all payments shall be returned, including any transport costs involved (except for the situation where you have chosen a different delivery option than the standard one offered by our company), with no delay, within fourteen days at most counting from the date we have been notified about your desire to cancel your order with us. For this refund, we use the same payment method that you used for the initial transaction, unless explicitly agreed otherwise; there will be no fees charged for this transaction. We may withhold the reimbursement until the goods are returned to our possession or until you have demonstrated that you have returned the goods, whichever is the earlier.
The goods may remain in your possession for fourteen days at most from the day you notify us about your decision to cancel the contract, and it is within this period of time you need to return the goods to Gluckon. The deadline is met if you send back the goods before the fourteen day period expires. The direct costs of returning the goods are borne by yourself.
We reserve the right to assert claims for compensation if the value of the goods has been diminished, and if the deterioration in value is due to handling of the goods that is not necessary in order to ascertain the nature, characteristics and proper functioning of the goods.
§ 10 Protection of Youth:
Offering as well as selling tobacco and alcoholic goods via internet is permitted without any age verification systems. If you order any tobacco or alcoholic products, you will be asked to confirm your legal age. Please also note that misrepresentations are subject to obligatory indemnification.
The business relationship between the customer and Glukon falls under the provisions of the Austrian law, excluding the UN sales law; this also applies for orders placed from or delivered to a country other than Austrian.
Should one or more provisions be invalid, this shall not affect the validity of the remaining provisions.