General terms and conditions

General terms and conditions with customer information

For all purchases the following general terms and conditions of the GAIA Energy Vertriebs GmbH.

  1. scope
  2. Offers and service descriptions
  3. Order process and contract conclusion
  4. Prices and shipping costs
  5. Delivery, transfer of risk and availability of goods
  6. terms of payment
  7. retention of title
  8. Warranty for material defects and guarantee
  9. liability
  10. vouchers
  11. Storage of the contract text
  12. data security
  13. Severability clause
  14. final provisions
  1. scope
    1. For the business relationship between the GAIA Energy Vertriebs GmbHHamerlingplatz 8/5, 1080 Vienna (hereinafter "Seller") and the customer (hereinafter "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Amendments or ancillary agreements can only be made by authorised representatives of the GAIA Energy Vertriebs GmbH and apply only to the individual business transaction. These amendments or collateral agreements must be made in writing. Oral amendments or subsidiary agreements are not effective. The other employees of the GAIA Energy Vertriebs GmbH are not authorized to agree amendments or collateral agreements to these General Terms and Conditions. Deviating contract conditions of the customer are expressly contradicted. You commit the GAIA Energy Vertriebs GmbH not even when the GAIA Energy Vertriebs GmbH does not contradict the customer again after receipt.
    2. These General Terms and Conditions apply to all our deliveries of goods and - mutatis mutandis - to the provision of services by us in distance selling and stationary trade, even if these deliveries or services are made without use or express reference to these General Terms and Conditions.
    3. You can reach our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 5:00 p.m. at the telephone number +43 1 3913390 or by e-mail at shop@gaia-energy.at.
    4. A consumer in the sense of these GTC is any natural person who concludes a legal transaction for a purpose which can predominantly neither be attributed to his commercial nor his self-employed professional activity (§ 13 BGB). Services and deliveries in distance selling are GAIA Energy Vertriebs GmbHonly offered to fully contract capable customers with domicile or residence in Austria and EU neighbouring countries.
    5. If a product should be used from the point of view of the GAIA Energy Vertriebs GmbH not be deliverable within four weeks for reasons for which we are not responsible, the company reserves the right to GAIA Energy Vertriebs GmbH to withdraw from the contract. The contents of the contract, all other information, customer service, data information and complaint handling are offered in German throughout.
    6. Any telephone contact can be electronically recorded for internal service purposes. If the customer does not wish this, the customer is requested to explicitly reject this at the beginning of the call.
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  2. Offers and service descriptions
    The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues and on the seller's websites do not have the character of an assurance or guarantee. All offers are valid "as long as stocks last", unless otherwise noted in the products. Errors excepted for the rest.
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  3. Order process and contract conclusion
    1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping basket via the "Add to shopping basket" button. Within the shopping cart the product selection can be changed, e.g. deleted. Afterwards the customer can step within the shopping basket over the button "Continue to checkout" to the conclusion of the order process.
    2. The customer submits a binding request to purchase the goods in the shopping basket via the button "Order payable". Before sending the order the customer can change the data at any time and see as well as go back with the help of the browser function "back" to the shopping cart or cancel the order process altogether. Required fields are marked with an asterisk (*).
    3. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print using the "Print" function (order confirmation). The automatic acknowledgement of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has sent or handed over the ordered product to the customer within the statutory period or has confirmed the dispatch to the customer within the statutory period with a second e-mail, express order confirmation or sending of the invoice.
    4. If the seller should make a prepayment possible, the contract comes off with the supply of the bank data and request for payment. If payment has not been received by the Seller within 10 calendar days of dispatch of the order confirmation, even after being requested to do so again, the Seller shall withdraw from the contract with the consequence that the order shall lapse and the Seller shall not be obliged to deliver. The order is then settled for the buyer and seller without further consequences. A reservation of the article with prepayment takes place therefore at the longest for 10 calendar days.
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  4. Prices and shipping costs
    1. All prices quoted on the seller's website are current prices. Valid is the sales price indicated on the order day. All prices are quoted inclusive of the applicable statutory value added tax.
    2. Cash on delivery charges or other costs of monetary transactions are not included in the prices. In the event of obvious errors, the company GAIA Energy Vertriebs GmbHreserves the right to charge the correct price. Payment shall be made in accordance with the method of payment selected when the order was placed or on site. The settlement is made in EURO.
    3. In addition to the indicated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and within the framework of the ordering process.
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  5. Delivery, transfer of risk and availability of goods
    1. If advance payment has been agreed, delivery shall take place after receipt of the invoice amount.
    2. Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer without delay.
    3. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller shall immediately reimburse the customer for any payments already made.
    4. Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
    5. The dispatch of the product takes place to the delivery address indicated by the customer with parcel service, post office or forwarding business. The choice of the mode of dispatch as well as the sender is made by the GAIA Energy Vertriebs GmbH. The GAIA Energy Vertriebs GmbH is entitled to make partial deliveries to a reasonable extent. A collection of the goods is possible only after arrangement at one of our locations. In the case of goods in stock, delivery is normally made within five working days, but within the statutory 30-day period.
    6. When the goods are dispatched, the risk of loss of or damage to the goods shall not pass to the customer until the goods have been delivered to the customer or to a third party designated by the customer and different from the carrier. If, however, the customer has concluded the transport contract himself without taking advantage of one of the options GAIA Energy Vertriebs GmbHproposed by the carrier, the risk passes to the carrier as soon as the goods are handed over.
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  6. terms of payment
    1. The customer can choose from the available payment methods within the scope and before completion of the order process. Customers are informed about the means of payment available on a separate information page.
    2. If payment by invoice is possible, payment must be made within 7 days of receipt of the goods and invoice. For all other payment methods, payment must be made in advance without deduction.
    3. If third party providers are commissioned with the payment processing, Paypal, Stripe or Klarna (Sofortüberweisung) their general terms and conditions apply. If the payment is made by direct debit, it will be processed by the seller's bank via a valid SEPA Direct Debit Mandate.
    4. If the due date of the payment is determined according to the calendar, then the customer is already in default by default of the date. In this case the customer has to pay the legal default interest.
    5. The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the seller.
    6. The customer is only entitled to a right of set-off if his counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
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  7. retention of title
    The delivered goods remain the property of the seller until full payment has been made.
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  8. Warranty for material defects and guarantee
    1. The warranty is governed by statutory provisions.
    2. A guarantee exists with the goods supplied by the salesman only if this was expressly delivered. Customers will be informed about the warranty conditions before initiating the ordering process.
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  9. liability
    1. The following exclusions and limitations of liability shall apply to the Seller's liability for damages, notwithstanding the other statutory conditions for claims.
    2. The Seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
    3. Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In this case, however, the seller shall only be liable for the foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
    4. In the case of justified complaints about defects within the statutory warranty period and the existence of the statutory requirements, we shall, at our discretion, rectify the defect free of charge or add the missing item or make a replacement delivery within a reasonable period of time. For damages, the cause of which lies in the sphere of the buyer, the GAIA Energy Vertriebs GmbH not. The GAIA Energy Vertriebs GmbH shall also not be liable for defects which have arisen as a result of incorrect handling by the purchaser or due to external influences. Liability for consequential damages is also excluded. If unauthorized modifications are made to the product, no warranty or liability claims will be accepted. Further claims of the customer, in particular claims for damages including loss of profit or other financial losses, are excluded. Claims for damages by third parties are also excluded. If it is not a consumer transaction within the meaning of the Austrian Consumer Protection Act, the injured party must prove the existence of slight or gross negligence. The compensation of consequential damages, other damages, pecuniary damages and damages of third parties is excluded. The GAIA Energy Vertriebs GmbH shall not be liable for deliveries and services obtained from third parties. The GAIA Energy Vertriebs GmbH is not liable for possible spelling mistakes, technical changes, product characteristics or for the continuous availability of the offered goods. No liability is assumed for the topicality, completeness or quality of the information provided. Apart from mandatory legal provisions, the company shall be liable for GAIA Energy Vertriebs GmbH in no case for direct or indirect damage, consequential damage or loss of profit. The GAIA Energy Vertriebs GmbH shall not be liable for any direct or indirect damage caused by the use of the information provided on this website. GAIA Energy Vertriebs GmbH data and information provided. Any defects that occur are to be notified as soon as possible upon delivery or after they become visible, without any negative legal consequences for the customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG), if he fails to do so. If the customer is an entrepreneur within the meaning of the KSchG, he must inspect the delivered goods or service immediately after receipt for completeness, correctness and other defects. Possible defects must be reported in writing immediately, but no later than five working days after receipt of the goods or service, otherwise all claims to which he is entitled on the basis of defects recognisable in a proper examination must be lost.
    5. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect after acceptance of a guarantee for the quality of the product and in the event of fraudulently concealed defects. The liability according to the product liability law remains unaffected.
    6. Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
    7. Special disclaimer for hydrogen cells
      By downloading the plan, the customer automatically declares that he has obtained sufficient information about the functioning of the machine and the properties of the HHO gas (in particular its explosion and implosion behaviour). The reproduction and use of the device is exclusively at the customer's own risk. Furthermore, the customer declares with the purchase to waive any claims for damages, product liability and warranty claims as well as other claims against the seller for whatever legal reason. The device documented in the plans is used exclusively for the customer's own research purposes. Commercial use of the device and distribution of the plans is not permitted. The device is not suitable for commercial use. The customer acknowledges and observes all existing copyrights to hydrogen cells.
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  10. vouchers
    1. Chargeable vouchers:
      These are vouchers for a certain amount of money shown on the voucher. Remunerated vouchers expire after 10 years. Within this period the customer has the possibility to redeem the purchased voucher as issued. Partner companies (for voucher systems in which the voucher issuer is different from the person who is to accept the voucher) are not obliged to accept expired vouchers. In the case of a voucher with a higher voucher value, a claim to cash redemption exists only up to the amount of the monetary value that was paid for the voucher at the GAIA Energy Vertriebs GmbH was originally paid. A claim for cash redemption must be justified on a case-by-case basis and submitted in writing to the GAIA Energy Vertriebs GmbH must be submitted.
    2. Free vouchers:
      These are referred to as "discount voucher" or "discount code", are discounts on quantities and or prices - percentage or in a stated monetary value - or on shipping costs. Free vouchers are only valid during the promotion period, if shown. If no campaign period is indicated, they are valid for an unlimited period of time with a purchase conclusion. The redeemability is in any case clearly shown before the conclusion of the purchase with input.
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  11. Storage of the contract text
    1. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
    2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, at the latest however with the delivery of the commodity, the customer receives furthermore a copy of the AGB together with revocation instruction and the references to forwarding expenses as well as delivery and payment conditions. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the contract text, but do not make it accessible on the Internet.
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  12. data security
    We assume no liability for errors in the transmission of data.
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  13. Severability clause
    Should individual provisions of these General Terms and Conditions be invalid or void, the effect of the remaining provisions shall remain unaffected. In this case, the invalid or void provision shall be replaced by mutual agreement by such provisions that come closest in their intention and economic content to the invalid provision.
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  14. final provisions
    1. If the customer is a consumer, merchant, legal entity under public law or special fund under public law, the place of performance and jurisdiction shall be the registered office of GAIA Energy Vertriebs GmbH. According to the Austrian Consumer Protection Act § 14 KSchG applies. Austrian law is agreed under exclusion of the UN Convention on Contracts for the International Sale of Goods.
    2. The contract language is German. Any translations into other languages are non-binding services of GAIA Energy Vertriebs GmbH.
    3. Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are prepared to participate in a dispute resolution procedure before a consumer arbitration board.
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