General terms and conditions
General terms and conditions of Galaxus Deutschland GmbH for customers located in Austria
As at: May 2022
Please note: Only the German original of these General Terms and Conditions of Galaxus Deutschland GmbH is legally binding. The English translation is provided for information purposes only and has no legal force. By accepting these General Terms and Conditions, you automatically accept the German original.
1. Scope of application
The present general terms and conditions (hereinafter "GTC") apply to all legal transactions made through the online shop www.galaxus.at (hereinafter "online shop"). Therefore, the GTC form a part of all contracts concluded between Galaxus Deutschland GmbH (hereinafter "Galaxus") and customers that govern the former’s delivery or service. Adverse or conflicting terms of the customer will not be recognised.
Galaxus reserves the right to change these GTC at any time. The applicable version of the GTC at the time the order was placed shall apply.
2. Presented products and services in the online shop
The products and services described and presented in the online shop are exclusively aimed at customers with a delivery address in Austria. Purely digital products and services described and presented in the online shop are exclusively aimed at customers with a delivery address in Austria. It is possible to use a different invoice address. Customers with a delivery address resp. who live in other member states of the European Union, Switzerland or Liechtenstein may only order from the according country-specific website of Galaxus Deutschland or Digitec Galaxus AG. No VAT refund is offered by Galaxus for goods independently shipped to third countries.
The presented products and their descriptions apply for as long as they can be found through the search engine in the online shop and/or while stocks last.
3. Contract conclusion
By entering an order via the shopping cart in the online shop, the customer is making an offer to purchase the content of the respective shopping cart to Galaxus. The receipt of order is confirmed to the customer by automatic e-mail from Galaxus (order confirmation). The order confirmation does not confirm an acceptance of the customer’s purchase offer but merely confirms the receipt of the order and the further processing thereof by Galaxus within the meaning of Section 10 (2) ECG.
The contract between Galaxus and the customer comes into existence with the shipment confirmation of the goods. Where, exceptionally, the customer should not receive a shipment confirmation, the contract comes into existence as soon as he or she receives the goods. If goods from one order are shipped separately, each shipment confirmation or the respective receipt of the goods constitutes a contract between Galaxus and the customer. Galaxus is entitled to carry out partial deliveries unless these constitute an undue disadvantage of the customer.
Regardless of the cancellation right pursuant to point 4, the customer may cancel his or her order free of charge provided that the respective shipment confirmation has not yet been received.
For all product orders with a minimum age requirement of 18 (particularly for alcohol and tobacco products), the customer confirms compliance with the legal provisions by placing the order.
Orders exceeding conventional household amounts may be rejected without justification.
4. Cancellation right of consumers according to the Employment Protection Act
If you are a consumer in accordance with the Employment Protection Act, the right of withdrawal applies according to the following sections 4.1 to 4.3. This right of withdrawal does not apply to business customers.
4.1 Cancelling orders
Cancellation right information
Customers have the right to withdraw from the contract within 14 days without justification.
The revocation period is
- in the case of a purchase contract, fourteen days from the day on which the customer or a designated third party (who is not the carrier) receives the goods;
- in the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately, fourteen days from the day on which the customer or a designated third party (who is not the carrier) receives the goods and
- in the case of a contract for the delivery of goods in several partial shipments or pieces, fourteen days from the day on which the customer or a designated third party (who is not the carrier) receives the last partial delivery or the last piece.
In order to exercise their cancellation right, customers must inform us at:
Galaxus Deutschland GmbH
Phone: +49 (0)40 334 614 747
by means of an express declaration (e.g. sent by post, phone or e-mail) in which they state their wish to cancel the respective contract. The attached cancellation form template may be used but is not a requirement.
Customers can download the cancellation form template from our website www.galaxus.at or send us another express declaration. Should customers make use of this option, we will immediately send them a receipt confirmation (e.g. via e-mail) of the cancellation.
To exercise their cancellation right, it suffices that customers send their declaration to exercise this right before the expiry of the cancellation right.
4.2 Consequences of statutory cancellation
Should a customer cancel a contract, we are obliged to refund all payments received from him or her. This includes delivery costs (except for additional costs arising from a delivery type selected by the customer that deviates from our standard delivery). The refunds must be made without delay and at the latest within 14 days from the day on which the cancellation request was received. All refunds are made by means of the same payment methods used by the customer in the original transaction unless expressly agreed otherwise with the customer. In no event are any fees charged for the refund. We reserve the right to refuse a refund until we have either received the goods in question or proof that they have been sent – depending on which is the earlier point in time.
If a customer has received goods in connection with the contract, the customer is obliged to return the goods immediately or at the latest within 14 days from the day he or she informed us of his or her request to cancel the contract. The goods must be returned or handed over either to us or to Galaxus Deutschland GmbH, Hans-Günther-Sohl-Straße 2-4, DE-47807 Krefeld. The deadline is met if the customer sends the goods before the 14-day period.
The customer must bear the direct costs of returning items. Galaxus will pay the postage costs for the return shipment as a further sign of goodwill, provided that
- the return is initiated via the customer account and the shipping label provided by us is used,
- the goods are returnable in accordance with the above specifications, and
- really are in an entirely acceptable condition.
The postage costs for the return of goods that do not correspond to these specifications are generally borne by the customer, unless the specific situation requires Galaxus to bear the return costs for other legal reasons. We reserve the right to charge the customer for the return costs or to offset them against the refund value if the conditions for free return are not met.
The customer must only bear the costs of any value loss if this loss was caused by unnecessary handling to check the quality, properties or functionality of the goods.
4.3 Non-existence of the cancellation right
The cancellation right does not apply to contracts
- for the delivery of goods which are not prefabricated and for the production of which an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- for the delivery of goods that can perish quickly or have an expiration date that exceeds in a short time,
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, provided that their seal was removed after delivery,
- for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,
- for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the business has no influence,
- for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts
- for the delivery of digital content not stored on a physical data carrier, if the business – with the customer’s express consent and acknowledgement of the loss of the right of withdrawal in the event of premature commencement with the performance of the contract, and after providing a confirmation pursuant to Section 7 (3) FAGG – has commenced with the delivery before the expiry of the withdrawal period pursuant to point 4.1. of these GTC.
4.4 Optional right of return
In addition to the statutory cancellation right, Galaxus grants all customers an optional right of return for 100 days from receipt of the goods. This optional right of return does in no way limit the statutory rights of the consumer nor the cancellation right as described above. Galaxus’s return policy applies for customers who wish to exercise their optional right of return.
Together with the order confirmation, the customer is either provided with a provisional delivery date or is contacted so that an individual delivery date can be arranged. Galaxus attaches great importance to providing up-to-date and precise information on availability and delivery times in their online shop. However, production and supply bottlenecks in particular can lead to delivery delays. Therefore, the provided information on availability and delivery times does not constitute binding or guaranteed shipment or delivery dates, unless the deadline stated under the shipment options of the respective product is explicitly described as binding.
The occurrence of a possible delivery delay is governed by the legal provisions. In the absence of any contractual agreement to the contrary, Galaxus shall be deemed to be in default of delivery to consumers if it fails to deliver the goods ordered within 30 days of the conclusion of the contract in accordance with point 3 of these GTC. Towards companies, a prior reminder by the customer is required in order for a delay in delivery to occur.
6. Delivery, shipment
All delivery and collection options described in «Delivery and collection» in the online shop are available to customers ordering products and services provided by Galaxus (if applicable also by way of downloading digital content).
If a delivery option is subject to a charge, this will be indicated to the customer in the order overview.
If available, Galaxus can offer the customer the option of a fee-based delivery, in which the CO2 emissions (carbon footprint) that's generated in the value chain (from production to delivery to the customer) are fully or partially compensated by Galaxus. The costs of carbon-compensated delivery amount to a maximum of 5% of the value of the goods in the respective order. If this delivery option is available, it is indicated to the customer in the order overview, stating the delivery costs incurred in each individual case. Galaxus will pass on the delivery costs incurred when this delivery option is selected, in so far as they exceed the costs of the most cost-effective standard delivery, in full to third parties. The third parties use these funds to support selected environmental projects. The costs of the carbon-compensated delivery are only incurred if a sales contract is effectively concluded, but will not be reimbursed if the voluntary right of return according to § 4 para. 2 of these General Terms and Conditions is exercised and if the legal right of withdrawal is exercised, cf. § 357 para. 2 p. 2 or § 14 para. 2 BGB (German Civil Code). Galaxus does not guarantee the correctness of the calculation of the carbon footprint and the delivery costs as well as additional details and promises by the respective delivery service provider or third party providers.
Deliveries are made to the delivery address in Austria provided by the customer.
Packaged goods are exclusively delivered to the front door. Bulky items are usually delivered to the place of use and at least to the kerbside. In any event, the customer is responsible to enable and guarantee access to the place of use. The customer must verify that the product fits through any entrances, for instance staircases, doors, etc. If the product cannot be transported to the place of use, the customer shall bear any additional costs.
Should the customer fail to receive the goods on the respective delivery date, even though the date was either agreed upon or announced with reasonable advance notice, because the goods do not fit through the entrance, the customer shall bear the costs of the unsuccessful delivery.
7. Product images and prices
Images of products in advertising, brochures, the online shop etc. serve illustration services and are non-binding.
All sales prices published in the online shop are final prices, which include all taxes (notably VAT). Any additional services available for a fee, such as assembly, disposal, etc., are listed separately both in the shopping cart and the invoice.
In spite of our great efforts and careful inspection, it can occur that certain products are incorrectly priced. Galaxus regularly checks the prices stated in the online shop. In the event that this inspection exposes an erroneous price and should the correct sales price stated in the online shop be higher than the stated price, the customer is immediately informed. Provided that the contract has not yet entered into force at this point in time, the customer may decide whether he or she wants to keep the order at the correct price or cancel the order.
The customer is informed that, due to the volume and speed at which orders are processed, it cannot be ruled out that erroneous prices are only discovered after the contract has entered into force. In other words, after the shipment confirmation has been received or the delivery of the goods has taken place. In such cases, Galaxus is fully entitled to contest the contract within the limits of the legal provisions.
8. Payment terms, reservation of ownership
The customer can choose between all payment methods listed in “Payment methods” in the online shop.
Until the sales price is paid in full, the goods remain the property of Galaxus Deutschland GmbH.
9. Statutory warranty and limitation of liability
9.1 Basic provisions
Customers enjoy the statutory warranty rights.
Once the warranty by way of replacement delivery has been carried out, the customer is obliged to return the original goods to Galaxus within 30 days at the latest – at the expense of Galaxus. The return shipment of defective the defective goods must be carried out according to legal provisions. Galaxus reserves the right for any claim for damages.
In the case of the purchase of goods with digital elements, the respective digital content or services are not provided by Galaxus Deutschland, but by the respective manufacturer. Galaxus Deutschland is also not obligated to do so vis-à-vis consumers.
Galaxus shall be liable to consumers for damage caused intentionally or through gross negligence by Galaxus or a person for whom Galaxus is responsible.
In addition, Galaxus shall also be liable towards consumers for negligent breaches of duty, if these affect an essential contractual obligation, i.e. an obligation which is essential for the correct fulfilment of the contract and which the customer regularly trusts and may trust to be fulfilled. The compensation for the violation of an essential contractual obligation is limited to the foreseeable, typically occurring damage.
In all other cases, the liability of Galaxus is excluded. The exclusion or limitation of liability for Galaxus shall also apply to the personal liability of its employees, representatives and performing agents, as well as the liability of other persons for whom Galaxus is responsible.
The above limitation of liability towards consumers does not apply to injuries to body, health and life or in case of defects after acceptance of a warranty for the quality of the respective product or in case of maliciously withheld defects.
Liability under the Product Liability Act remains unaffected.
Any manufacturer warranties are subject solely to the terms of the manufacturer and do not establish any entitlement of the customer vis-à-vis Galaxus. This is also the case if Galaxus offers support in the processing of warranty claims.
9.2. Additional provisions for secondhand goods
Already discounted products, which are marked in the online store as «used + tested», «as good as new + tested», or «refurbished» (hereinafter: used goods), may show signs of use, stains resulting from previous use, minor defects not or only insignificantly restricting their intended use, defects or functional limitations and similar limitations typical for used goods. These restrictions are indicated in the product details in each case. They therefore represent subjective requirements in the sense of statutory warranty rights. Customers shall carefully check the respective product details before ordering used goods in order to avoid misunderstandings.
The foregoing point 9.1 shall remain unaffected.
10. Further limitations of liability
The limitations of liability available at this link apply.
11. Choice of law and place of jurisdiction, severability clause, goodwill
The legal relationships between Galaxus and the customer are exclusively governed exclusively by substantive German law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules. In addition, mandatory regulations of the law of the state in which the customer is ordinarily resident apply if the customer concludes a sales contract that cannot be attributed to his or her professional or commercial activity (consumer contract).
The content and conclusion of the contract, all other information, customer service, data information and complaint handling are offered exclusively in German.
If the customer is a merchant in the sense of the Code of Commercial Law HGB, a legal entity under public law or a public sector entity with special assets, the exclusive and international place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Hamburg. However, Galaxus is also entitled to file a suit at the customer’s general place of jurisdiction of the customer. Galaxus is neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration boards.
If the customer is a consumer with domicile or habitual residence in Austria or if he or she is employed in Austria, only the jurisdiction of the court in whose district the domicile, habitual residence or place of employment is located may be established for an action against him or her pursuant to Sections 88, 89, 93 (2) and 104 (1) JN; this shall not apply to legal disputes which have already arisen. Legal action by the customer who is a consumer in this sense is possible against Galaxus at any place of jurisdiction provided for by law. The general place of jurisdiction in Austria given for actions brought by a consumer or against a consumer upon conclusion of a contract with Galaxus shall remain in force even if the consumer moves his residence abroad after conclusion of the contract and Austrian court decisions are enforceable in that country.
Any invalidity or individual contractual provisions do not affect any other part of the contract.
In the event that these general terms and conditions are infringed by the customer and Galaxus does not take immediate action against this infringement, this does, under no legal aspect, represent a waiver but, at the most, a performance of goodwill. Therefore, Galaxus continues to remain entitled to exercise any rights towards the customer in the event of a repeated infringement.