Terms and Conditions GentleTent
1. General Information
Company text and Address:
The full text of the company is Gentletent GmbH.
The registered office is located in the
1120 Vienna, Austria.
The company data is as follows:
Phone: +43 (0) 664 3941078
Commercial Court: Vienna
Commercial register number: FN 411951k
Murlingengasse 44/1A, 1120 Wien, Austria
Managing Director: Mr. Gernot Rammer, MA
Bank account Bank Austria UniCredit Group,
IBAN: AT65 1200 0100 1435 6603,
Business content: Gentletent GmbH, as a consequence short “Gentletent”, is a registered company with limited liability, which is engaged in the development, production and distribution of outdoor products.
These general terms and conditions, hereinafter referred to as “GTC”, are based on all contracts agreed upon by customers with GentleTent. The contract language is German. The term “customer” includes end customers as natural persons and means both women and men alike, as well as end customers as sole proprietors and/or legal persons. The following is referred to as “customer”.
These GTC apply to all transactions with customers, whereby more specific agreements or differentiations can be made for traders, which are added to these GTC upon conclusion of the contract and apply to additional. Dealers must refer to the corresponding agreement or an individually designed offer.
By submitting a binding order, whether via the GentleTent webshop, via email or by telephone, the customer agrees to the valid version of the GTC and acknowledges them. These GTC are exclusively valid upon conclusion of the contract. Other, contradictory or changed GTC are not recognized by GentleTent.
If a provision of these GTC is ineffective, this does not affect the validity of the entire GTC. The remaining provisions of the GTC shall remain in effect.
All offers of GentleTent are non-binding according to the availability of the products. The illustrations represent symbol photos and do not have to be binding in all product details according to the respective products.
You can order via the GentleTent webshop, via e-mail at email@example.com or firstname.lastname@example.org or by phone at 0043 644 3941078. In the case of a telephone order, the customer has to confirm receipt of the invoice sent to him by e-mail or to pay the invoice amount immediately, but within ten working days, so that the contract of sale is binding. The customer shall ensure that, in the case of an order, his data, in particular the e-mail address, are correctly stated and that, in the event of the use of a spam filter, he must ensure that all messages sent by GentleTent are properly and check its spam folder for messages received from GentleTent. With the order in the webshop and by email, a binding sales contract is concluded if the customer has received his invoice from GentleTent by e-mail or by mail or similar. The purchase price is payable at the conclusion of the contract.
4. Prices and methods of payment
The product prices shown on the homepage and on the Letztgütligen version of the price lists are in Euro, incl. the statutory VAT. Other prizes may be awarded on certain offers and factual price lists. Any price changes shall be subject to GentleTent, whereby the prices shown at the time of the conclusion of the contract are valid.
The stated prices are in principle exclusive shipping costs. The shipping costs to be paid are shown in the shopping cart or on the invoice additional. All prices are subject to error.
Order via webshop:
Payment options are PayPal, instant bank transfer or credit card payment. The purchase price is payable at the conclusion of the contract unless otherwise agreed. After the order has been placed, the customer receives an invoice, on which once again all ordered items and price are broken down. With the customer’s confirmation of receipt of the invoice sent to him, the purchase contract has been made binding.
ORDER BY e-mail:
Payment options are PayPal, bank transfer and/or credit card. The purchase price is payable at the conclusion of the contract unless otherwise agreed. After the order has been placed, the customer will receive an invoice
All ordered items, including price, are broken down. With the customer’s confirmation of receipt of the invoice sent to him, the purchase contract has been made binding.
The financial data are shown on each invoice and are as follows:
Account holder: GentleTent GmbH
Bank Austria UniCredit Group
IBAN: AT65 1200 0100 1435 6603
Payments via PayPal are to be addressed to GentleTent as follows:
Email Address: email@example.com
Payee PayPal Europe: firstname.lastname@example.org
IBAN: DE89 1207 0088 3003 9636 30
In the case of orders by telephone, the invoice sent to the customer must be confirmed in writing by the recipient in order to ensure that the contract of sale is valid. The purchase price is payable at the conclusion of the contract unless otherwise agreed. The modalities and dates for payment are point 4.2 of these GTC.
5. Shipping costs
The stated prices in the GentleTent-webshop are exclusive shipping costs. Shipping and transportation costs vary depending on destination and weight. For shipping to Austria and Germany, non-binding price information is shown in the respective version in the GentleTent webshop. In principle, the binding purchase price is shown on the invoice according to individual calculation. Shipping to all countries except Austria and Germany is to be inquired individually under customer service @ gentletent or under 0043 664 3941078.
In the case of orders from retailers and wholesalers, GentleTent delivers from an order volume of EUR 1,000,-free house in Austria and from €1,200,-to Germany. Shipping costs to all other countries are also agreed upon. The corresponding conditions regarding shipping costs for orders of retailers and wholesalers are to be taken from these GTC in addition to the respective offer or the respective invoice.
6. Late payment
In the event of late payment, a payment reminder will be sent to the customer within a reasonable period. In addition, if no payment has been received within a set period of five working days from receipt of the payment reminder, GentleTent
Entitled to charge Dunning expenses of EUR 10.00 per issued reminder and interest on arrears (for consumers 4% p.a., for transactions between companies the statutory company interest rates), calculated from the next working day following the conclusion of the contract. If neither payment reminder nor reminders are responded to and the open amount remains unbeglichen, GentleTent has the possibility to bring a default summons to the competent court. The place of jurisdiction for disputes in the Dunning system is Vienna, unless the law provides for a different, mandatory regulation.
7. Products and retention of title
All products which are shown on www.gentletent.com or in the physical catalogue can be ordered. These GTC are also valid for special designs produced on request, but differentiations regarding price, delivery and payment can be agreed upon.
Any goods, be it a standardized product or a special order, remain the property of Gentletent GmbH until full payment is made.
For orders of certain products, accessories are included in the scope of delivery. For details, please refer to the Product catalogue and the homepage for the respective product.
Goods of GentleTent can be exchanged for 14 days from receipt and taking possession of the goods free of charge into another, equivalent product of GentleTent. The agreement on the exchange must be addressed in writing within 14 days from receipt or taking possession of the goods to GentleTent. The goods must be delivered intact at the customer’s expense with the original invoice
1120 Vienna, Austria
The exchange in a value voucher or the creation of a credit memo is excluded.
GentleTent takes over two years from the date of delivery the guarantee for the design of the products and seam processing. The tightness of the inner hose is exempt from the two-year warranty. The right to warranty expires in the case of intentional or grossly negligent improper use of the products by the customer. In addition, the statutory warranty periods are referred to.
10. Warranty and Liability
The legal guarantee provisions apply, whereby GentleTent reserves the right to fulfil the warranty claim by improvement, exchange or price reduction, with the exception of cases where the law provides for withdrawal of contract. In the case of transactions between entrepreneurs, the buyer is obligated to submit a complaint immediately (§ 377 UGB). The warranty rights are applied in accordance with the notification of defects.
No warranty claim exists for improper use on the part of the customer, with intent or grossly negligent damage or destruction of the product by the customer. If the purchase is over six months, the buyer must credibly demonstrate that the defects were already present at the time of delivery.
Unless otherwise agreed, the general rules of product liability apply (§ 1 ff PHG). Recourse claims arising from the title “Product Liability” (ISD PHG) which the customer or third parties GentleTent are excluded, unless the recourse holder can
Prove that an error in the sphere of GentleTent causes gently or at least gross negligence has been indebted.
The goods travel at the risk of the customer. GentleTent is not liable for problems of any kind caused by the transport, as well as for transport damage or loss by third parties. The customer has to check these immediately upon receipt of the goods and, if necessary, report the transport company and GentleTent immediately of the transport damage and not accept the goods.
If the ordered goods are in the warehouse, GentleTent will always deliver as soon as possible or within 14 working days from receipt of the order to valid addresses in Austria and Germany. Otherwise, a delivery time of four to six weeks from receipt of the order is usually expected.
The delivery times may differ for individual custom-made products. Shipping is usually carried out by mail, parcel Service, transport company or forwarding agent.
GentleTent is not liable for problems of any kind caused by the transport, as well as transport damage or loss by third parties. GentleTent is not liable for delay in delivery, which arises for reasons of force majeure.
Delay in delivery and follow
Should GentleTent be subject to significant delivery delays, because a producer or supplier does not supply or the delivery to the customer has become impossible due to such circumstances, GentleTent is entitled to withdraw from the contract in whole or in part. Claims for damages are excluded in this case. GentleTent reserves the right to send a partial delivery. A partial withdrawal of the contract is excluded in this case, unless the delivery of the remaining goods has become impossible.
Right of withdrawal and cancellation notice
The customer has the possibility to withdraw within 14 days from a contract concluded in distance selling without giving reasons (§ 11 para. 1 FAGG) and to revoke it. This applies to all orders that are made at distance, i.e. exclusively on
Electronic way, in the webshop, by e-mail or via long-distance call and at no time of the ordering process has given a physical presence of employees of GentleTent (§ 5a para. 2). The period of withdrawal shall be fourteen days from the date on which the customer or a third party designated by the customer who is not the carrier has taken possession of the goods.
The resignation must be made in writing by means of a clear declaration on the withdrawal decision and addressed to Gentletent GmbH. The sample withdrawal form shown on the GentleTent homepage can be used, but this is not necessarily necessary for the withdrawal.
In order to maintain the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the end of the withdrawal period, even if the goods are in a reasonable, proportionate time after the end of the 14-day period at GentleTent
The declaration of resignation shall be sent either by post to the customer within 14 days of appropriation or by a third party designated by the customer who is not the carrier
1120 Wien, Austria
or by e-mail to
email@example.com or firstname.lastname@example.org
to be addressed.
This right of withdrawal does not apply to custom-made products which have been specially manufactured on the basis of special customer requests and for damaged goods or items which, due to their nature, do not correspond to a possible return shipment. In the same way, all products that are reduced or sold in the sale are exempt from the right of withdrawal.
Likewise, the provisions of the right of withdrawal do not apply to contracts concluded outside of business premises and where the payment to be paid by the customer does not exceed the amount of EUR 50.00 (§ 1 para. 2 z 1 FAGG).
In the event of partial withdrawal, the corresponding remuneration will be refunded.
Consequences of withdrawal
The goods must be properly packaged for the use of the right of withdrawal and must not have been damaged. The withdrawal is effective if the declaration arrives 14 days from the appropriation of delivery at GentleTent. The customer has to return the goods to Gentletent GmbH, Sauterrasse 3, 1170 Wien, Austria or to an employee of Gentletent GmbH immediately after his right of withdrawal. However, the return must be made within 14 days from the date on which the customer has informed GentleTent of the withdrawal of the contract. The costs for the return are to be borne or replaced by the customer if GentleTent organizes the return of the goods for the customer. The customer shall also bear the costs of the return if the delivery is made free of charge.
If parts or goods are missing or are disproportionately damaged by improper use, the customer shall pay GentleTent compensation for the reduction in the value of the goods. The reimbursement of the paid
Amount is usually made by bank transfer to the buyer’s account. In no case will the customer be charged for such repayment. If the buyer and the owner of the goods are two different persons, the amount will normally be reimbursed to the buyer. The account holder must ensure that his account information is correct and complete. The repayment has to take place immediate, but only from the time when the return goods have arrived at GentleTent.
13. Data protection
The personal data of the customers are processed in the course of the order for the purpose of fulfilling legal regulations, for the duration of the contract processing (payment traffic, ordering process and for clarification of questions in the area of customer care).
GentleTent does not pass on the personal data to third parties except for the Order and dispatch processing (bank, post Office, Parcel Service, forwarding). GentleTent is not liable for the improper use of personal data by authorized and unauthorized third parties.
14. Choice of law and place of jurisdiction
Unless otherwise provided by the law, Austrian law shall apply.
The place of performance and payment location are determined according to the headquarters of GentleTent and are therefore Vienna, as far as the law does not give any other result. The exclusive place of jurisdiction for all disputes arising from this agreement is Vienna, unless otherwise agreed or the law provides for a mandatory standard which precedes the agreement. Amendments and additions to contracts are subject to written form.
15. Trademarks and intellectual property rights
“GentleTent”, all logos and letterings, products and designations are registered trademarks of GentleTent and may not be published or used in any way whatsoever without the consent of GentleTent. All image and text material may only be used with the written consent of GentleTent.
16. Changes in terms and conditions
GentleTent reserves the right to amend and supplement the GTC in the future without having to publish a separate notice regarding the change. Changes and additions to contracts generally require written form. The valid version of the GTC is visible on www.gentletent.com, can be accessed and stored (according to § 11 ECG). The version available on the homepage of GentleTent is valid at the time of the conclusion of the contract.
Download: Terms and Conditions of GentleTent