GTCS
Created on 9 February, 2024 • Info • 168 views • 5 minutes read
GTCS
General terms and conditions with customer information
Table of contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and payment terms
- Duration of the contract and termination of the contract in the case of long-term obligations
- Applicable Law
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Wolfgang Egarter, trading under "IT Solutions Egarter" (hereinafter "Provider"), apply to all contracts for the provision of services that a consumer or entrepreneur (hereinafter “customer”) enters into a contract with the provider regarding the services presented by the provider on its website. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 Consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The service descriptions on the provider's website do not represent binding offers on the part of the provider, but are used to make a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the provider's website. After placing the selected services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the services contained in the shopping cart by clicking the button that completes the ordering process.
2.3 The provider can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by starting to perform the service at the customer's request and notifying the customer of this, or
- by asking the customer to pay after placing their order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the provider does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the customer is no longer bound to his declaration of intent.
2.4 When submitting an offer via the provider's online order form, the contract text is saved by the provider after the contract has been concluded and sent to the customer in text form (e.g. email) after the order has been sent , fax or letter). The provider will not make the contract text available beyond this. If the customer has set up a user account on the provider's website before sending his order, the order data will be archived on the provider's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.5 Before submitting the order via the provider's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
2.6 The German language is available for concluding the contract.
2.7Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the provider can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the provider or by third parties commissioned by the provider to process the order can be delivered.
3) Right of withdrawal
Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the provider's cancellation policy.
4) Prices and payment terms
Unless otherwise stated in the provider's service description, the prices stated are total prices that include statutory sales tax.
5) Duration of the contract and termination of the contract in the case of ongoing obligations
5.1 Information on the duration of the contract and termination of the contract, in particular on the termination modalities for services provided within the framework of ongoing obligations, will be communicated to the customer as part of the respective service description on the provider's website.
5.2 The right to extraordinary termination for good cause remains unaffected. An important reason exists if, taking into account all the circumstances of the individual case and weighing up the interests of both parties, the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
5.3 Cancellations can be made in writing, in text form (e.g. by email) or in electronic form using the termination device (cancellation button) provided by the provider on its website.
6) Applicable law
6.1 The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
6.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded lie.
7) Alternative dispute resolution
7.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
7.2 The provider is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.