Terms of service

§ 1 Scope

The following general terms and conditions apply exclusively to the business relationship between "GIGAGLIDE Surface Technologies GmbH" and the customer in the version valid at the time of the order. The customer agrees that in the event of the use of general terms and conditions by him, our conditions are to be assumed in case of doubt, even if the customer's conditions remain unchallenged. Actions to fulfill the contract on our part do not count as consent to contractual terms that deviate from our terms. If there are still ambiguities in the interpretation of the contract, these are to be cleared up in such a way that those contents that are usually agreed in comparable cases are deemed to be agreed. The terms and conditions become part of this contract when you place your order.

§ 2 Conclusion of contract

Our offers are non-binding. Your order represents an offer to us to conclude a purchase contract. A purchase contract is only concluded when you have pressed the buy button. Contractual partner is "GIGAGLIDE Surface Technologies GmbH"
The customer agrees that invoices can also be created and sent to him electronically.
"GIGAGLIDE Surface Technologies GmbH" does not offer any products for sale by minors.

§ 3 Right of revocation, exclusion of revocation, instructions on revocation

Customers who are consumers within the meaning of the Consumer Protection Act can withdraw from a distance selling contract (or a distance selling contractual declaration) within a period of 7 working days from receipt of the delivery of the ordered goods. It is sufficient if the declaration of withdrawal is sent within the deadline without giving reasons; Saturdays do not count as working days. In the event of withdrawal, a full or partial refund of the purchase price will only take place step by step against the return of the goods received from the customer. The costs of the return are at the expense of the customer. Shipping costs paid in advance are excluded from any refund. Goods should be returned in unused, re-salable condition and in their original packaging. In the case of items that are affected by signs of use, unless these are the result of intended use, we will charge an appropriate fee for the reduction in value. The same applies if accessories or parts are missing when the goods are returned. The costs of the return are at the expense of the customer. If the goods are returned freight collect, we are entitled to withhold or invoice a corresponding amount.

The revocation by returning the goods must be addressed to:

GIGAGLIDE Surface Technologies GmbH
Schmidstrasse 29,
4070 Eferding,
Austria

The revocation can be made by e-mail at: office@gigaglide.com

Consequences of revocation: In the event of an effective revocation, the mutually received services are to be returned. If you cannot return the service received to us in whole or in part, or only in a deteriorated condition, you may have to pay us compensation for the value. You can also avoid the obligation to pay compensation for deterioration of the item as a result of using the item as intended (i.e. using it only for the purpose for which the respective product is intended and intended) by not treating the item as your property use them and refrain from doing anything that impairs their value.

You have to bear the cost of returning. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt.

The right of withdrawal does not apply to long-distance contracts for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiry date has passed, for the delivery of audio - or video recordings or software if the supplied data carriers have been unsealed by the consumer or for the delivery of newspapers, periodicals and magazines.

§ 4 Delivery

In the absence of an express agreement to the contrary, our contractual partner bears the costs and risk of transport for deliveries.
Unless otherwise agreed, delivery is made from the "GIGAGLIDE Surface Technologies GmbH" warehouse to the delivery address specified by the customer. You will find information on the availability of products on the website (e.g. on the respective product detail page). We would like to point out that all information on the availability, shipping or delivery of a product is only expected information and approximate guide values. They do not constitute binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective product. If "GIGAGLIDE Surface Technologies GmbH" determines during the processing of your order that the products you have ordered are not available, you will be informed of this separately by e-mail. If "GIGAGLIDE Surface Technologies GmbH" is not able to deliver the ordered goods through no fault of its own because the supplier of "GIGAGLIDE Surface Technologies GmbH" does not fulfill its contractual obligations, "GIGAGLIDE Surface Technologies GmbH" is entitled to withdraw from the purchaser . In this case, the customer will be informed immediately that the ordered product is not available. The legal rights of the customer remain unaffected. In any case, the customer must accept minor overruns in delivery without being entitled to a claim for damages or a right of withdrawal.
If delivery to the customer is not possible because the delivered goods do not fit through the front door, front door or stairwell of the customer or because the customer cannot be found at the delivery address specified by him or is otherwise in default of acceptance, the customer shall bear the costs Costs for the unsuccessful delivery or the costs of the cash on delivery fee. Furthermore, we are entitled to either store the goods on our premises, for which we charge a storage fee of €5 per calendar day or part thereof and at the same time insist on the fulfillment of the contract, or after setting a reasonable period of grace, withdraw from the contract and use the goods elsewhere.

§ 5 Unilateral changes in performance

Objectively justified and minor changes that do not affect the price can be made on our part. This applies in particular to such exceeding of the delivery period. If the actual exceeding of the deadline can be estimated, but no later than one week before the originally agreed delivery date, we will announce how long a delay is to be expected.

§ 6 Maturity and payment, interest on arrears

The customer undertakes to pay the purchase price in full upon conclusion of the contract without any deductions and free of charges.
The payment can only be regarded as made on time if the amount has been received on the due date or has been credited to our account. The customer can pay the purchase price by credit card, PayPal or SOFORT. Even if the customer is in default of payment through no fault of his own, we are entitled to charge interest on arrears at a rate of 8% above the base interest rate annually; this does not affect claims for reimbursement of proven higher interest rates.

§ 7 offsetting, retention

The customer is only entitled to set off if his counterclaims have been legally established or are undisputed by pureandgreen. In addition, he is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 8 Price

All prices include the applicable VAT.
It is expressly agreed that the value of the claim including ancillary claims will remain stable. The consumer price index published monthly by the Austrian Central Statistical Office serves as a measure for calculating the stability of value. The index number calculated for the month in which the contract was concluded serves as a reference for this contract. Fluctuations in the index number up or down by up to 0.5% are not taken into account and are only charged in full if this range is exceeded. This range must be recalculated each time it is exceeded, either upwards or downwards, whereby the first index number outside the applicable range must always form the basis for both the reassessment of the claim amount and the calculation of the new range. The resulting amounts are to be rounded to one decimal place.
If it is a consumer transaction, no price changes will be invoiced during the first two months after the conclusion of the contract, unless these have been expressly negotiated in detail.

§ 9 Retention of title

The delivered goods remain the property of "GIGAGLIDE Surface Technologies GmbH" until the purchase price and all costs and expenses have been paid in full. In the event of even a partial default in payment, the buyer already agrees that we can pick up the goods at any time at his expense. In the event of default, we are entitled to assert our rights from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract unless we expressly declare our withdrawal from the contract.

§ 10 Place of Performance

The place of performance for both our service and the consideration is:

GIGAGLIDE Surface Technologies GmbH
Schmidstrasse 29,
4070 Eferding, 
Austria

§ 11 Warranty and Compensation

Apart from those cases in which there is a legal right to conversion, we reserve the right to fulfill the warranty claim through improvement, exchange or price reduction at our discretion. The assignment of these claims by the customer is excluded.
The transferee must always prove that the defect already existed at the time of handover. The goods must be examined immediately after delivery. Defects found in the process must also be reported to the seller immediately, but no later than 3 days after delivery, stating the nature and extent of the defect.
Hidden defects must be reported immediately after their discovery. If a notice of defects is not raised or not raised in good time, the goods are deemed to have been approved. The assertion of warranty claims or claims for damages as well as the right to contest errors due to defects are excluded in these cases. The warranty period is twenty-four months from delivery.

If "GIGAGLIDE Surface Technologies GmbH". grossly negligent breach of an essential contractual obligation, the obligation to pay compensation for property damage is limited to the typically occurring damage. A claim for damages for slight negligence, apart from personal injury, is excluded.
For subsequent performance by way of a replacement delivery, the customer must return the defective goods. The defective goods must be returned in accordance with the statutory provisions. pureandgreen reserves the right to claim damages under the statutory conditions.
Unless otherwise stated above, further claims of the customer - regardless of the legal grounds - are excluded. "GIGAGLIDE Surface Technologies GmbH" is therefore not liable for damage that has not occurred to the delivery item itself; In particular, "GIGAGLIDE Surface Technologies GmbH" is not liable for lost profits or other financial losses of the customer. Insofar as the contractual liability of "GIGAGLIDE Surface Technologies GmbH" is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
The right of recourse according to § 933b ABGB is excluded.
§ 12 Product Liability

Any claims for recourse directed against us by contractual partners or third parties under the title “product liability” within the meaning of the PHG are excluded unless the person entitled to recourse can prove that the error was caused in our sphere and was at least the result of gross negligence.

§13 Offsetting

The contractual partner waives the possibility of offsetting. However, this does not apply to consumers in the event of our insolvency or for counterclaims that are legally related to our claim, determined by a court or recognized by us. In these cases, consumers have the option of offsetting.

§ 14 Bans on refusing performance and bans on retention

Justified complaints do not entitle the retention of the entire amount, but only a reasonable part of the invoice amount.

§ 15 Granting of rights, customer blog

If the user decides to write a message in the "GIGAGLIDE Surface Technologies GmbH" customer blog, he grants "GIGAGLIDE Surface Technologies GmbH" an exclusive license for the duration of the underlying right, unlimited in time and place, to further use this customer message for any purpose online as well as offline. "GIGAGLIDE Surface Technologies GmbH" will endeavor to always name the author as the author (unless the author has indicated that he wishes to remain anonymous), but reserves the right to shorten or omit this information. "GIGAGLIDE Surface Technologies GmbH" reserves the right not to display a blog entry on the website or only for a limited period of time and to shorten or change it. In addition, the blog guidelines apply. Customer blog entries only reflect the opinion of the customer. The content does not necessarily agree with the opinion of "GIGAGLIDE Surface Technologies GmbH".

§ 16 Consent, activation of the newsletter

By purchasing products from the online shop, the subscriber expressly consents to the regular sending of newsletters.

After purchasing a product from us, you will be entered as a customer in the distribution system and will receive regular advertising.

The subscriber can revoke this consent at any time via a link in the newsletter or advertising email.

§ 17 Collection, processing and use of personal information of our customers

Information that we receive from you helps us to customize and constantly improve your shopping experience at "GIGAGLIDE Surface Technologies GmbH". We use this information to process orders, deliver goods and provide services, and process payments. We also use your information to communicate with you about orders, products, services, and marketing offers, to update our records and to maintain and maintain your customer accounts with us, and to provide content such as B. To display customer blog posts and recommend products or services that may interest you. We also use your information to improve our platform, to prevent or detect abuse of our website, or to enable third parties to perform technical, logistical or other services on our behalf.

Section 18 Formal Requirements

All agreements, subsequent changes, additions, ancillary agreements, etc. must be in writing to be legally effective, including the original signature or secure electronic signature.

Section 19 Applicable Law

Austrian law applies to the exclusion of the UN Sales Convention.

§ 20 Place of jurisdiction agreement

The competent court at the registered office of our company is locally responsible for deciding all disputes arising from this contract. However, we have the right to sue at the contractual partner's general place of jurisdiction. One of the courts in whose district the consumer has his domicile, habitual abode or place of employment shall be responsible for all lawsuits brought against a consumer who has his domicile, habitual abode or place of employment in Austria due to disputes arising from this contract. For consumers who are not resident in Austria at the time the contract is concluded, the statutory place of jurisdiction applies.