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TERMS & CONDITIONS

GENTLETENT & B-TURTLE GMBH


1. General Information

Company name and address

The complete company names are GentleTent GmbH and B-Turtle GmbH.
The company headquarters are located at Khleslplatz 8, 1120 Vienna, Austria.

The company data are as follows:

GentleTent GmbH

Khleslplatz 8, AT-1120 Wien
Managing Director: Herr Gernot Rammer, MA
E-Mail: office@gentletent.com
Tel.: +43 (0) 664 3941078
www.gentletent.com

UID-Nr.: ATU68597306
Commercial register number: FN 411951k
Commercial court: Vienna

Bank details
IBAN: AT65 1200 0100 1435 6603
BIC: BKAUATWW
Bank Austria Unicredit Group

B-Turtle GmbH

Khleslplatz 8, AT-1120 Wien
Managing Director: Herr Gernot Rammer, MA
E-Mail: office@gentletent.com
Tel.: +43 (0) 664 3941078
www.b-turtle.com -> gentletent.com/b-turtle

UID-Nr.: ATU70488545
Commercial register number: FN 447427g
Commercial court: Vienna

Bank details
IBAN: AT26 1200 0100 15757791
BIC: BKAUATWW
Bank Austria Unicredit Group

Corporate Purpose

The GentleTent GmbH, in the following briefly "GentleTent" is a registered limited liability company, which is engaged in the development, production and distribution of outdoor products. The B-Turtle GmbH, in the following briefly "B-Turtle" is a registered limited liability company, which is engaged in the development, production and distribution of bicycle products.

2. Validity

These general terms and conditions, hereinafter referred to as "GTC", are the basis for all contracts, which are agreed by customers with GentleTent or B-Turtle. B-Turtle is hereinafter equated with GentleTent and is therefore subsumed under GentleTent.

The contractual language is German. The term "Customer" includes end customers as natural persons and means women and men equally, as well as end customers as sole proprietors and/or legal entities. In the following, reference is made to "Customer".

These GTC apply to all transactions with customers, whereby more specific agreements or differentiations can be made for dealers, which are added to these GTC and apply additionally when the contract is concluded. For dealers, reference is to be made to the corresponding agreement or an individually designed offer.

With the submission of a binding order, be it via the GentleTent web shop, via e-mail, by telephone or at trade fairs, the customer agrees to the respective valid version of the GTC and acknowledges it. These GTC apply exclusively at the conclusion of the contract. Other, contradictory or changed GTC are not recognized by GentleTent.

If a provision of these GTC is invalid, this has no effect on the validity of the entire GTC. The remaining provisions of the GTC remain effective.

3. Orders

All offers of GentleTent are non-binding according to the availability of the products. The illustrations represent symbol photos and do not have to correspond obligatorily in all product details to the respective products.

Orders can be placed via the GentleTent webshop, via e-mail at support@gentletent.com or office@gentletent.com or by telephone at 0043 644 3941078. When ordering by telephone, the customer must confirm the receipt of the invoice sent to him by e-mail in writing or pay the invoice amount immediately, at the latest within ten working days, so that the sales contract is binding. The customer has to take care that his or her data, in particular the email address, are indicated correctly with an order. He or she also has to take care in the case of the use of a spam filter that all messages, which are sent by GentleTent, are received properly and to check his or her spam folder for received messages from GentleTent. With the order in the webshop and by e-mail a binding sales contract is concluded, if the customer has received his or her invoice from GentleTent by e-mail or by post or similar. The purchase price is due for payment upon conclusion of the contract.

4. Prices and methods of payment

The product prices shown on the website and in the latest valid version of the price lists are in Euro including the statutory VAT. They include all price components. Only in the case of international delivery may further taxes (e.g. in the case of an intra-community acquisition) and/or duties (e.g. customs duties) be payable additionally by the buyer in individual cases, not the seller, to the customs or tax authorities responsible there.

Other prices may be indicated on certain offers and factual price lists. GentleTent reserves the right to make any price changes, whereby the prices shown at the time of the conclusion of the contract are valid.

The indicated prices are always exclusive of shipping costs. The shipping costs to be paid are shown additionally in the shopping cart or on the invoice. For Europe they are also available on the page "Shipping costs and delivery".

All prices are subject to errors due to possible mistakes.

Order via webshop

Payment options are Paypal, instant bank transfer or credit card payment. The purchase price is due for payment upon conclusion of the contract, unless otherwise agreed. After ordering, the customer will receive an invoice, on which all ordered items are listed once again, including the price. With the confirmation of the customer about the receipt of the invoice sent to him, the purchase contract is binding.

Order by e-mail

Payment options are Paypal, bank transfer and/or credit card. The purchase price is due for payment upon conclusion of the contract, unless otherwise agreed. After the order has been placed, the customer will receive an invoice which once again lists all the items ordered together with the price. With the confirmation of the customer about the receipt of the invoice sent to him, the purchase contract is binding.

Order by telephone

In the case of orders by telephone, the invoice sent to the customer must be confirmed in writing by the recipient in order for the purchase contract to become valid. The purchase price is due for payment upon conclusion of the contract, unless otherwise agreed.

Payment methods

We offer the following payment methods:
- Credit card
- PayPal (to shop@gentletent.com)
- Sofortüberweisung
- Bank transfer

The bank details are shown on each invoice and are as follows:

GentleTent GmbH

Account holder: GentleTent GmbH
Bank Austria Unicredit Group
IBAN: AT65 1200 0100 1435 6603
BIC: BKAUATWW

Payments by Paypal are to be directed as follows to GentleTent or B-Turtle:
shop@gentletent.com

B-Turtle GmbH

Account holder: B-Turtle GmbH
Bank Austria Unicredit Group
IBAN: AT26 1200 0100 15757791
BIC: BKAUATWW

5. Shipping costs

The prices shown in the GentleTent online shop are exclusive of shipping costs. The costs for shipping or transport vary depending on destination and weight.

For shipping in Europe, non-binding price information in the respective version is shown in the GentleTent-Online shop. Basically the binding purchase price is shown on the invoice after individual calculation. The shipping to all countries outside Europe is to be inquired individually under support@gentletent.com or under 0043 664 3941078.

The corresponding conditions regarding shipping costs for orders from retailers and wholesalers are to be taken from the respective offer or the respective invoice in addition to these GTC.

6. Late payment

In the event of late payment, a payment reminder will be sent to the customer within a reasonable period of time. If no payment is received within a set period of five working-days starting from receipt of the payment reminder, GentleTent is entitled to charge reminder fees of EUR 10.00 per issued reminder and interest on arrears (with consumers 4% p.a., with business between entrepreneurs the legal business interest), computed starting from the working-day following the conclusion of the contract. If neither payment reminder nor other reminders are reacted to and the outstanding amount remains unsettled, GentleTent has the possibility to bring a dunning action at the responsible court. Jurisdiction for disputes in the dunning process is Vienna, unless the law provides for another, mandatory regulation.

7. Products and Retention of title

You can order all products that are listed on www.gentletent.com or in the physical catalogue. These terms and conditions also apply to custom-made products produced on request, but differences in price, delivery and payment may be agreed.

All goods, be it a standardized product or a special order, remain the property of the GentleTent GmbH until full payment is received.

For orders of certain products accessories are included in the scope of delivery. Details can be found in the product catalogue and on the website for the respective product.

8. Exchange

Goods of GentleTent can be exchanged free of charge for another, equivalent product of GentleTent 14 days after receipt and possession of the goods. Notification of the exchange must be addressed to GentleTent in writing within 14 days of receipt or taking possession of the goods. The goods must be returned undamaged at the expense of the customer with the original invoice to our address (below):

GentleTent GmbH
Khleslplatz 8
1120 Wien
Austria

The exchange into a voucher or the creation of a credit note is excluded.

9. Warranty

GentleTent’s warranty extends over two years starting from the delivery date for the construction of the products and seam processing. The tightness of the inner hose is excluded from the two-year warranty. The claim for guarantee expires in case of intentional or grossly negligent, improper use of the products by the customer. For the rest, reference is made to the statutory warranty periods.

10. Guarantee and Liabilty

Guarantee

The statutory warranty provisions apply, whereby GentleTent reserves the right to fulfil the warranty claim by improvement, replacement or price reduction, with the exception of cases in which the law provides for the right to withdraw from the contract. In the case of business between entrepreneurs, the buyer is obligated to the immediate notification of defects (§ 377 UGB). Guarantee rights are applied according to the notice of defects.

There is no Guarantee claim 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 more than six months in the past, the buyer must prove that the defects were already present at the time of delivery.

Liability

Unless otherwise agreed, the general rules of product liability (§ 1 ff PHG) apply. Recourse claims from the title "product liability" (in the sense of PHG), which the customer or third parties address to GentleTent, are excluded, unless the person entitled to recourse can prove that a fault in the sphere of GentleTent was caused or at least grossly negligent.

The goods travel at the risk of the customer. GentleTent is not liable for problems of any kind that arise during transport, nor for transport damage or loss by third parties. The customer has to check the goods immediately upon receipt and if necessary immediately report the transport company and GentleTent about the transport damage and not accept the goods.

11. Delivery

General information

Provided that the ordered goods are in stock, GentleTent always deliver as soon as possible or within 14 working days from receipt of the order to valid addresses. Otherwise, a delivery time of four to six weeks from receipt of the order is usually expected.

For individual custom-made products the delivery times may vary. Dispatch is usually by post, parcel service, transport company or forwarding agent.

GentleTent is not liable for problems of any kind, which arise from the transport, as well as transport damages or loss by third parties. GentleTent is not liable for delay in delivery, which results from reasons of force majeure.

Delay in delivery and consequences

If GentleTent should get under substantial delivery delay, because a producer or supplier does not supply or the supply to the customer became impossible by such circumstances, GentleTent is entitled to withdraw from the contract completely or partly. Claims for damages are excluded for this case. GentleTent reserves the right to send a partial delivery. A partial withdrawal from the contract is excluded in this case, unless the delivery of the remaining goods has become impossible.

12. Withdrawal

Right of withdrawal and cancellation policy

The customer has the possibility to withdraw from a contract concluded by distance selling within 14 days without giving reasons (§ 11 para. 1 FAGG) and to revoke it. This applies to all orders which are placed by distance selling, i.e. exclusively by electronic means, in the web shop, by e-mail or by long-distance call and there has never been a physical presence of GentleTent employees at any time during the ordering process (§ 5a para. 2). The cancellation period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.

The withdrawal must be made in writing by means of a clear statement of the withdrawal decision and must be addressed to GentleTent GmbH. The sample withdrawal form shown on the GentleTent website can be used, but this is not mandatory for withdrawal.

In order to comply with the revocation period it is sufficient that the notification of the exercise of the right of revocation is sent before the end of the revocation period, even if the goods arrive at GentleTent in a reasonable, proportionate time after the expiry of the 14-day period.

The declaration of withdrawal 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 to

GentleTent GmbH oder die B-Turtle GmbH
Khleslplatz 8
1120 Wien, Austria
or by e-mail to:
support@gentletent.com or office@gentletent.com

to be addressed.

This right of withdrawal does not apply to custom-made products that were specially manufactured on the basis of special customer requests and for damaged goods or products that do not correspond to a possible return due to their nature. Likewise, all products that have been reduced in price or are being sold are excluded from the right of withdrawal.

Likewise, the provisions of the right of withdrawal shall not apply to contracts concluded outside business premises and where the remuneration to be paid by the customer does not exceed the amount of EUR 50.00 (§ 1 para. 2 no. 1 FAGG).

In the event of a partial withdrawal, the corresponding remuneration will be refunded.

Consequences of the withdrawal

The goods must be properly packed for the use of the right of withdrawal and must not have been damaged. The withdrawal is effective when the declaration is received by GentleTent 14 days after taking possession of the delivery. The customer has to return the goods to GentleTent GmbH, Khleslplatz 8, 1120 Vienna, Austria or hand them over to an employee of GentleTent GmbH immediately after expressing his or her right of withdrawal. However, the return has to take place at the latest within 14 days from the day on which the customer has informed GentleTent about the cancellation of the contract. The costs for the return are to be carried or compensated by the customer, if GentleTent organizes the return for the customer. The customer has to bear the costs of the return also, if the delivery took place free of charge.

If parts or goods are missing with the return or if these were damaged disproportionately by inappropriate use, then the customer has to pay GentleTent compensation for the reduction of the market value of the goods. The refund of the paid amount is usually made by transfer to the account of the buyer. Under no circumstances will the customer be charged for such a repayment. If the buyer and the owner of the goods are two different persons, the buyer will usually be refunded the amount paid. The account holder must ensure that his account details are correct and complete. The repayment has to take place as soon as possible, but only from the time when the returned 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 transactions, ordering process and for the clarification of questions in the area of customer care).

GentleTent does not pass the personal data on to third parties with exception of the order and dispatch handling (bank, post office, parcel service, forwarding agency). GentleTent is not liable for the misuse of personal data by authorized and unauthorized third parties. You can read more about data protection in our privacy policy on the website.

14. Choice of law and place of jurisdiction

Choice of law

Unless otherwise provided by law, Austrian law shall apply.

Jurisdiction

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: AGB GentleTent und B-Turtle

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