By placing the order, the buyer accepts the following general
terms and conditions (GTC) of GARY MASH®. The legally binding version of these terms is issued in the German
language. In case of any conflicts, misunderstandings or errors in
translation, the German version will supersede this translation.
1. Area of validity
These general terms and conditions (GTC) shall apply to all deliveries of GARY MASH® to consumers. Any opposing or differing conditions will not be recognized. Opposing or differing conditions only apply if formally expressly agreed in writing. They must also be confirmed in writing to obtain legality. By placing the order, the buyer approves the general terms and conditions and becomes bound by them.
If individual provisions of these GTC should turn out tob e ineffective due to mandatory statutory regulations (especially the Customer Protection Act), this shall not affect the validity oft he remaining provisions.
2. Contracting party
GARY MASH® reserves the right to change the content offered at any time.
The purchase contract is made with:
Owner: Sarah Schanes
3. Offer and conclusion of contract
3.1 The presentation of the products at the web shop is not legally binding, but instead a request to order. All offers are available “while stocks last” unless anything else is stated next to the product description. Errors excepted.
3.2 By clicking the button “send order” during the final step of the order procedure, you agree to a binding order of all goods in the shopping cart. The purchase contract comes into being when we accept your order with an order confirmation by e-mail immediately after receiving your oder.
4. Text of contract
The text of contract will be saved on our internal systems. The general terms and conditions you can see at any time on this page. The order data and the general terms and conditions are sent to you by e-mail. For security reasons, the contract wording will no longer be available on the internet after the order has been completed.
5. Cancellation policy
You can cancel your contractual declaration in text form (e.g. by letter, fax, e-mail) within 14 days from takeover of goods without giving any reason.
Consequences of cancellation
In case of an effective cancellation the mutually received benefits are to be returned and if so derived profits (e.g. interest) are to be returned. If you can not give back the goods received from us either totally or partly or only in a worsened condition, you have to compensate for the respective value. This does not apply when the deterioration goods have been checked like it is possible in a shop. Goods consignable by parcel shipment may be returned at our risk to the adress shown below. Obligations to reimburse payments must be discharged within 30 days. The time limit begins for you when you send your cancellation or the goods, for us, with their reception.
To comply with the time limit, it is sufficient that the cancellation or return of the goods be sent in good time.
The cancellation or the product return is to be addressed to:
End of the information about cancellation
6. Price and delivery costs
6.1 In principle, the purchase price resulting from the web shop of GARY MASH® applies to the ordered merchandise.
6.2 The prices stated on the product pages include the statutory value-added tax as well as other price components (excluding delivery costs).
6.3 Deliveries within Austria
If your order is worth 45,00 EUR or more we do not bill any delivery costs. With a purchase order value under 45,00 EUR we will charge a flat shipping rate of 4,50 EUR.
6.4 Deliveries to Germany
For deliveries to Germany we will charge a flat shipping rate of 5,90 EUR. If your order is 60,00 EUR or more we do not bill any delivery costs.
6.5 Deliveries to other EU or not EU countries
For deliveries to other EU or not EU countries we will charge a flat shipping rate of 7,90 EUR. If your order is 150,00 EUR or more we do not bill any delivery costs.
6.6 Other charges
Any export or import charges as well as toll incurred in the course of delivery shall be at the buyers’ expense. The prices for the deliveries and services offered by GARY MASH® do not include costs that are charged by third parties.
7.1 Orders placed in the web shop are delivered through GLS.
7.2 Generally, delivery takes 1 – 3 working days within Austria after receipt of the complete and accurate order. Deliveries within the European Union take generally 3 – 7 working days.
7.3 If we should not be able to accept an order, e.g. due to the non-availability of the product, we will immediately inform the customer about this.
7.4 Delivery will be made by dispatching the merchandise to the shipping address specified by the customer. If the data is incorrect, incomplete or unclear, the customer will have to bear all costs developed.
8.1 Payment can either be made by payment in advance, direct debit via Sofortueberweisung or by credit card.
8.2 The charging must be in Euros.
9.1 Damage compensation claims extending beyond warranty claims, may only be enforced by a customer in the event of wilful intent or gross negligence.
9.2 The said liability exclusion shall not apply in the event of impairment to life, body or health or in the event of a breach of major contractual obligations. In the last case, the liability shall be limited to damage typical of the contract and foreseeable at the time of conclusion of the contract.
10. Retention of title
The delivered goods stay our property until they are completely paid off.
11.2 Slight deviations of the delivered goods
from the offer shown in the GARY MASH® web shop, in particular regarding the
colour tone, are allowed and do not represent a fault in so far as they are
within the customary limits and the contractual purpose is not substantially
11.1 For the rights in case of defects as to quality and defects of title of the goods the statutory provisions apply unless agreed otherwise in the following.
Products and designs sold and used by GARY MASH® are protected by copyright. The use or duplication of designs or products requires the express prior written consent of GARY MASH®.
13. Place of performance
Update: August 2015