General Terms and Conditions (GTC)
1. General Provisions
Version of the GTC: 27 August 2026
1.1.
These General Terms and Conditions (“GTC”) apply to orders, sales and deliveries of products (“Products”) offered and sold in this online shop (“Online Shop”) via the website gesahetke.com.
1.2.
The contractual language is German.
2. Scope of Application
2.1.
These GTC apply where the purchaser is a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG) (“Customer”).
3. Amendments to the GTC
3.1.
The Provider reserves the right to amend these GTC. The version of the GTC applicable at the time the purchase is concluded shall apply to the sale of Products.
4. Customer Account
4.1.
To order Products, the Customer may create a customer account in the Online Shop. Creating a customer account requires the Customer to provide certain information.
An order may also be placed without a customer account.
5. Order, Order Confirmation, Shipping Confirmation
5.1.
The ordering process consists of the following steps:
- Selection of the desired goods
- Adding the goods to the shopping cart
- Entering personal information
- Selection of the payment method and delivery method
- Final review and, where necessary, correction of the order
- Binding submission of the order by clicking the button “Order with obligation to pay”
5.2.
The Products and prices displayed in the Online Shop constitute an invitation to the Customer to submit a binding offer to purchase the Products from the Provider (“Order”). By clicking the button labelled “Order with obligation to pay”, or any other equivalent wording, the Customer submits a binding Order to the Provider. Images and drawings of the goods are approximate representations only, unless expressly stated as binding specifications for the respective Product. The Customer accepts minor and objectively justified deviations.
5.3.
The Provider shall promptly send confirmation to the email address provided by the Customer that the Order has been received by the Provider (“Order Confirmation”). This Order Confirmation does not constitute acceptance of the Customer’s Order but merely confirms receipt of the Order by the Provider.
5.4.
Depending on the selected payment method, acceptance shall take place at different times and in different forms:
- by sending an order acceptance confirmation by email, whereby the time at which the order acceptance confirmation is received by the Customer shall be decisive;
- by dispatching the ordered goods to the Customer, whereby any shipping confirmation sent shall be deemed to constitute an order acceptance confirmation. If no separate shipping confirmation is sent to the Customer, receipt of the goods by the Customer shall be decisive;
- by sending a payment request to the Customer.
5.5.
The Customer shall ensure that all information provided in connection with an Order, in particular the information required for shipping, is accurate, correct and up to date. The Customer shall notify the Provider without undue delay of any changes to this information.
5.6.
Following conclusion of the contract, the Provider shall send the Customer an electronic invoice. The Customer agrees to receive invoices electronically.
6. Payment Terms
6.1.
All prices are stated in euros and include VAT, but exclude shipping costs unless otherwise indicated. Shipping costs will be displayed to the Customer before the Order is submitted.
6.2.
Payment in the Online Shop may be made using the following payment methods: advance payment, credit card and instant bank transfer.
6.3.
Shipping costs depend on the respective Order and shall be indicated by the Provider prior to submission of the Order and in the Order Confirmation.
7. Delivery
7.1.
The Customer may choose from the delivery methods specified by the Provider in the Online Shop.
7.2.
The delivery dates specified by the Provider are based on the information provided by the commissioned shipping service provider. Unless a different delivery period is specified for the respective Products, delivery to the Customer shall take place no later than 30 days after conclusion of the contract.
7.3.
If a delivery date cannot be met due to force majeure, industrial action or other events beyond the Provider’s control, the delivery period shall be extended by a reasonable period corresponding to the duration of the impediment. The Provider shall inform the Customer of the beginning and end of such circumstances as soon as reasonably possible; failure to provide such notification shall not give rise to any claims by the Customer.
7.4.
If the Customer is in default of accepting the Products, the statutory warranty period for the Provider’s performance shall commence.
8. Retention of Title
8.1.
The Provider shall retain title to the Products until the purchase price and all ancillary costs, in particular shipping costs, have been paid in full by the Customer.
9. Default by the Provider
9.1.
If the Provider is in default of performance, the Customer shall first request the Provider to perform within a reasonable additional period of two weeks. If the Provider fails to perform within this period, the Customer may withdraw from the contract or continue to demand performance.
10. Warranty
10.1.
gesa hetke provides warranty coverage in accordance with the applicable statutory provisions. In the event of a complaint, please contact info@gesahetke.com.
10.2.
The Provider may require the Customer to return defective Products, provided that doing so is reasonable for the Customer. The Provider shall bear the risk of shipment and the costs of returning the Products. The Customer is requested to report any obvious transport damage to the delivery service and to inform the Provider accordingly. Failure to do so shall have no effect on the Customer’s statutory warranty rights.
11. Liability and Damages
11.1.
The Provider’s liability for damage caused by slight negligence is excluded, except in the case of personal injury and breaches of material contractual obligations. Liability is furthermore excluded for purely financial losses, loss of profit, damage suffered by third parties, indirect or consequential damage, and consequential damage resulting from defects. The limitations and exclusions of liability set out in this Section 11 shall not apply where and to the extent that the Provider has acted with gross negligence or intent.
12. General Provisions
12.1.
Unless Austrian law already applies due to the Online Shop being directed at Austria, the exclusive application of Austrian law is agreed, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.2.
In the case of consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
12.3.
The Customer may set off claims against claims of the Provider only if the Customer’s claims are legally connected with the Provider’s claims, have been acknowledged by the Provider or have been finally determined by a court.
12.4.
The Customer is obliged to notify the Provider of any change of address. If the Customer fails to notify the Provider of a change of address, any notice sent to the Customer’s last notified address shall nevertheless be deemed to have been received by the Customer.
Cancellation Policy
Right of Withdrawal / Right of Cancellation
The term “Rücktrittsrecht”, commonly used in Austria, corresponds to the term “Widerrufsrecht”, commonly used in Germany and used in the Consumer Rights Directive. We therefore use the equivalent terms “right of withdrawal (right of cancellation)”. In this cancellation policy, only the term “right of withdrawal” is used. This has the same meaning as the Austrian term “Rücktrittsrecht”.
No Right of Withdrawal (Right of Cancellation)
There is no right of withdrawal (right of cancellation) for goods that are made to the Customer’s specifications or are clearly personalised to the Customer’s individual needs.