GENERAL TERMS AND CONDITIONS FOR SALES IN THE ONLINE SHOP
1. Scope of Application of the General Terms and Conditions
These general terms and conditions shall apply on the purchase of online products from Grand Spa Wellnesshotel Betriebs GmbH, Bad Waltersdorf 351, A-8271, FB-Nr.: FN 312624t, Landesgericht Graz (hereinafter referred to as “SELLER") by the buyer (hereinafter referred to as “CUSTOMER") for transactions on our online store (https://webshop.sparesortstyria.com).
The customer can retrieve the general terms and conditions on the online store by means of a link during product ordering, save them on the computer and/or print them.
The general terms and conditions, as well as all correspondence and other information shall be in German or English language. The amounts shall be invoiced in EUR. When ordering / purchasing a product, the customer acknowledges and accepts the general terms and conditions valid at the time of purchase.
2. Online Orders
The CUSTOMER may select products and vouchers offered by SELLER and may use the button “Add to shopping cart” to collect them in the shopping cart. If the CUSTOMER clicks on the button “Checkout”, a binding proposal to purchase the goods in the shopping cart is placed (“Order”).
Before ordering, the CUSTOMER may view and modify the ordered goods at any time. Modifications to the order can be made by means of the button “Modify” placed above the order data or via the links of the individual order data fields and through the function button “Return”.
After placing the order, the CUSTOMER receives an automatic mail confirming receipt of the order and reflecting the order details as placed by the CUSTOMER. This automatic confirmation cannot be considered an acceptance of the order, but is a mere documentation that the order has been received by the SELLER.
The purchase agreement is concluded upon the SELLER’S statement of acceptance. The SELLER declares an order as accepted via a shipment confirmation sent by mail.
If the order consists of various items, the agreement is only concluded with respect to the items as explicitly listed in the shipment confirmation.
It may happen from time to time that individual items cannot be delivered after the order has been placed. If the customer has paid the amount due or authorized its payment before the contract has been concluded due to the payment method selected, the seller will notify the buyer of the refusal of the order (or parts of the order in case of acceptance of the order for items which can be delivered) and promptly reimburse the remaining (pro ratio) amount. The above is also valid if the seller refuses to accept the order due to a negative result of the fraud or credit rating check (see also section C II of the data protection provisions). In these cases we will not charge any compensation because of refunding.
Within a reasonable time after conclusion of the contract, the customer shall receive a confirmation of contract via mail or together with the items delivered, at the latest. Moreover, registered customers can check the current orders in their personal customer account.
The SELLER informs the CUSTOMER of the shipment costs due during the order process and one more time through the shopping cart list immediately before the order is placed.
If possible, ordered items and vouchers are shipped within three working days following the order date. Delivery to the address as specified by the CUSTOMER is carried out by Österreichische Post AG in accordance with its general terms and conditions.
4. Redemption and Validity of vouchers
Redemption of a voucher is to occur exclusively in a resort of the SELLER. Redemption in cash and refunding of the amount shall be excluded. A voucher shall be valid for five years as of purchase date. After this period the credit shall be forfeited. In case of redemption of vouchers one year after their purchase SELLER may ask for a supplementary payment for the current price of the service to be delivered.
5. Loss of vouchers
The CUSTOMER is exclusively responsible for the safekeeping and use of the vouchers. In case of loss or theft the SELLER will not replace the vouchers.
Subject to Article 7 below, the products cannot be returned or exchanged. Cash refunds shall also be excluded.
7. Right to Withdraw for Consumers in the Event of Distance Selling
The following provisions only apply to CUSTOMERS who are consumers in the sense of Article 1, Par. 1 of the Austrian Consumer Protection Act (KSchG). They are not applicable to CUSTOMERS who are corporate clients, who have no right to withdraw as described in this section.
CUSTOMERS who buy products and vouchers in a distance selling transaction have the right to withdraw according to Article 5e, Par. 1 of the Austrian Consumer Protection Act (KSchG) subject to the following provisions as listed below:
CUSTOMERS may withdraw within 14 days from the date of receipt of the products. They may exercise the right to withdraw without stating reasons and they may do so in writing or by returning the goods. To return goods, the CUSTOMER shall send back the products in faultless condition, and preferably in original packaging together with the original invoice. The deadline for withdrawal shall be deemed observed if the request for withdrawal is sent within the above-mentioned period of time. Costs for returning the products shall be borne by the CUSTOMER.
If the amount due has already been settled, the SELLER shall refund the paid amount immediately upon receipt of the returned products.
The right of withdrawal is excluded once the vouchers have been used for the payment of services.
8. Data Protection
The CUSTOMER agrees that all personal data generated on account of his / her business relationship such as first name, last name, address, e-mail address, phone number, fax number, customer account data (orders realized (products, vouchers, pricing information, IP address), any text entered in print-at-home vouchers, queries with respect to value cards, (voucher number, date, IP-address), (in short “Data") are automatically processed by the SELLER.
The purpose of processing data is the execution of the respective business transactions, and - always provided that the CUSTOMER has agreed to it - the marketing of products, provision of services and services of the SELLER, special offers and events (including sending the corresponding marketing materials by standard mail, e-mail, text message, and direct contact by phone).
Data processing for the purpose of the execution of the respective business transaction is based on Article 6 (1) b) of the EU General Data Protection Regulation (“GDPR”) (fulfillment of contractual obligations). The processing of data for marketing purposes is based on Article 6 (1) (a) GDPR (consent of data subject).
Data are transferred by the SELLER to the [RECEIVER 1, 2, etc., including addresses] or to [RECEIVER 1, 2, etc., incl. addresses] for the purpose of the execution of the respective business transaction or for marketing purposes, respectively. The data are not transferred to any third parties other than the ones cited above.
The contact data of the Data Protection Officer are as follows: Günther Zimmel, Bad Waltersdorf 351, 8271 Bad Waltersdorf, firstname.lastname@example.org.
Data are stored for the execution of a business transaction and for marketing purposes, and, if required by law, for a longer period or for the period during which any legal claim can be asserted in connection with the contractual obligations or in the event of other legitimate reasons justifying a longer storage period.
The consent to receive standard mail, e-mails, text messages or to be contacted by phone can be revoked in writing at any time via e-mail to (mail to: email@example.com). This shall not prejudice the lawfulness of data processing based on the consent until such revocation is received. Moreover, the CUSTOMER has the right to request information about his or her personal data stored in the system, as well as their correction, deletion or restricted use in accordance with the legal provisions; furthermore, customers have the right to object to, or limit the processing of their data, or to obtain their own data within the portability of data or to file a complaint with a supervisory authority.
10. Applicable Law, Place of Fulfillment, Jurisdiction
The Austrian substantive law shall apply with exclusion of conflicting rules and the UN Convention on Contracts for the International sale of Goods (CISG). If contracting parties are consumers in the sense of the Consumer Protection Act, the compulsory legal provisions of the country of residence shall apply to this agreement.
The place of jurisdiction for any and all disputes arising out of this agreement shall be Graz unless otherwise provided by consumer protection laws.
As of February 2020
Separate checkbox for Customer’s approval:
Herewith I agree that my personal data are processed for marketing purposes as defined in the General Terms and Conditions. I can revoke my approval for electronic processing of my data for marketing purposes at any time by e-mail to firstname.lastname@example.org.