General terms and conditions of business

GOM Health & Performance e.U.
Haizing 44,
4081 Hartkirchen, Austria

 

Validity

The general terms and conditions apply to the use of the web shop ( https://goonemore.at ) of GOM Health & Performance eU (hereinafter GOM) and to internet orders. By using the website and/or ordering a product, the customer (hereinafter the customer or the customer for male/female/diverse alike) accepts all of the following terms and conditions of business, ordering and delivery of GOM (hereinafter General Terms and Conditions or T&Cs). Conflicting or deviating terms and conditions of the customer are not accepted and do not become part of the contract if GOM does not expressly accept them in writing before the order is processed. The customer is considered a consumer if he or she concludes the contract for non-commercial or self-employed activities.
Our applicable terms and conditions, the right of withdrawal and data protection declarations can be accessed at any time on the corresponding pages in the footer of our website. A cancellation form from the WKO is also available for printing and saving as a PDF .

Conclusion of contract

Product orders can be placed online with or without registering as a customer.
Our product range does not constitute a binding purchase offer. It is merely an offer to the customer to make a purchase offer. The customer's placing of an order constitutes the offer.
The ordering process is therefore as described below:
The customer can add products from the product range to the shopping cart using the "Add to cart" or "Order now" button and is then guided through the ordering process or checkout, where they must enter all relevant data for the order. To complete the ordering process, all mandatory fields marked with * in the order form must be filled in, otherwise the customer will receive an error message and will not be able to complete the ordering process. The customer can view and change their order and relevant order information until the order is placed. By clicking the "order now" button, the customer makes a binding purchase offer.
As soon as the order process is completed by clicking the "order now" button, the customer receives an automatically generated order confirmation in the form of an email and the corresponding invoice in another email. This order confirmation in accordance with Section 10 Paragraph 2 ECG does not constitute acceptance of the customer's offer. This only occurs when the invoice is sent.
The contract language is German.

Payment and prices

All prices are final prices and include statutory sales tax. The prices include local country-specific tax rates and shipping costs (mainland). If export and/or import duties are imposed due to country-specific customs regulations, these must be borne by the purchaser.
GOM accepts the payment methods listed in the webshop. The available payment methods can be restricted. The customer has no right to a specific payment method.

Delivery conditions

The products ordered by the customer will be delivered by a carrier to the delivery address specified by the customer.
The customer acknowledges that all information regarding the shipping or delivery of a product is only an estimate and approximate guideline. They do not represent binding or guaranteed shipping or delivery dates.
If delivery to the customer is not possible for reasons within the customer's control, for example because the customer cannot be found at the delivery address provided by him at the time of delivery, although the delivery time was announced to the customer with reasonable notice, and/or the package was not picked up by the customer on time because the customer was not found and the shipping service provider left it at a nearby collection location with information about collection times and deadlines, the customer shall bear the costs for the unsuccessful delivery.
The risk of loss or damage to the goods passes to the customer as soon as the goods are delivered to the customer or to a third party other than the carrier designated by the customer. The goods are deemed to have been delivered when they are either taken over by a person present at the delivery address specified by the customer or when no one is found at the delivery address, at the time at which the goods can first be picked up by the customer at the deposit point designated for the delivery address - in case of doubt, this is the start of the opening hours of the deposit point on the business day following the day of the delivery attempt.

Retention of title

All products delivered by GOM remain their property until full payment has been made. Any sale of the products by the customer to a third party before full payment requires prior written consent from GOM.

Right of withdrawal

If, after payment of the purchase price and transmission of the order confirmation, it turns out that the goods ordered are no longer available from GOM, GOM can unilaterally withdraw from the contract within five working days from the time the order confirmation is sent to the customer. GOM will refund the payments made by the customer under the contract as soon as possible, but no later than fourteen days from the day on which the order confirmation is received by the customer.
The customer has the right to withdraw from the contract without giving reasons. The deadline for declaring withdrawal is 14 days from the day on which the customer or a third party designated by him/her who is not the carrier takes possession of the goods. Saturdays, Sundays and public holidays are included in the calculation of the deadline. The declaration of withdrawal must be made in writing. The withdrawal deadline is met if the declaration of withdrawal is verifiably sent within the deadline.
The customer must send the declaration of withdrawal to hello@goonemore.at , stating customer data such as name, billing address, order number and order date.
A sample template and further information can be found at goonemore.at/search .

Warranty, liability and guarantee

All products from the webshop ( https://goonemore.at ) are subject to statutory warranty rights. Defects or wear and tear caused by the customer exclude a warranty in the sense of statutory warranty rights. This is the case, for example, in the case of improper handling. Complaints or claims based on statutory warranty claims can be made at hello@goonemore.at .
The product description in the web shop is the only agreement on the quality. Images in the web shop are symbolic and do not necessarily correspond to the actual design (symbolic photo). GOM accepts no liability for information provided by third parties. Liability for damages is limited - with the exception of personal injury, for which liability is not limited - to the value of the goods ordered, unless GOM or a person for whom GOM is responsible has caused damage at least through gross negligence.
Any separately granted guarantees or guarantee conditions by the manufacturer exist independently of legal requirements and are exclusively of a private law nature. A legal analogy with regard to the interpretation or an influence on a statutory warranty claim is therefore excluded.

Electronic commerce and electronic communications

By using the GOM website, the customer gives his or her express consent to participate in electronic commerce and declares his or her express consent to receive and legally accept legally relevant declarations and notifications in connection with the use of the web shop by means of electronic communication, in particular by e-mail to the e-mail address provided by the customer or by publishing electronic messages or other communication on the website in the customer account area.

Jurisdiction and choice of law

For all disputes arising from these General Terms and Conditions and business transactions with GOM - including those concerning the formation, legal validity or termination of contracts - the court with jurisdiction over the company's registered office (4081 Hartkirchen) shall have exclusive jurisdiction. If the customer is a consumer, the provisions of the Consumer Protection Act in the current version apply.
The contractual relationship and all disputes resulting from these General Terms and Conditions and business transactions with GOM – including those concerning the formation, legal validity or termination of contracts – shall be governed exclusively by Austrian law, excluding all national and international reference standards and the UN Convention on Contracts for the International Sale of Goods.

Final provisions

These general terms and conditions are valid immediately until revoked.
Should any provision of these Terms and Conditions be invalid, this shall not affect the validity of the other provisions and the invalid provision shall be replaced by a valid provision that comes closest to the one to be replaced.
Changes and additions to these General Terms and Conditions must be made in writing; this also applies to ancillary agreements and subsequent changes, as well as any deviation from the written form requirement.