Imprint

GURTNER Wellness GmbH 
General sales and delivery conditions

1. Validity

   The deliveries, services and offers of our company are carried out exclusively on the basis of these General Terms and Conditions, regardless of the type of legal transaction. They also apply to future transactions as agreed, even if they are no longer specifically referred to. Changes must be made in writing; oral agreements are not valid. Actions on our part to fulfill the contract do not constitute acceptance of deviating contractual provisions.

2. Conclusion of contract, offers, prices, changes

   The contract is always concluded only with a written confirmation from us or by sending or handing over the goods to the customer.

   Our offers are non-binding and subject to change. Subsidiary agreements, in particular from sellers, deliverers, etc., are not binding for us. The content of the brochures, advertising announcements, websites, etc. we use does not become part of the contract unless we refer to them in writing.

Unless otherwise stated, the prices stated in our offer are exclusive of sales tax.

Minor or other changes to our service or delivery obligations that are reasonable for our customers are deemed to have been approved in advance. This applies in particular to deviations in wood grain and structure, or technical changes.

Delivery, assembly

Our information regarding delivery dates is generally non-binding. We are not liable for any delays.

Packaging, shipping and delivery costs, insurance, etc. will be invoiced separately. If difficulties and waiting times arise during delivery or assembly, these will be invoiced separately. The customer must ensure the technical requirements (electrical supply, floor conditions, access to the installation site,…). Access to the delivery location and parking must also be provided. When we provide an assembly offer, we assume there is sufficient space (e.g. all-round accessibility for infrared cabins, height + 15 cm).

4. Acceptance, notification of defects, payment

   The goods must be paid for immediately upon delivery or by advance transfer without any deductions. According to the agreed date, the customer is obliged to accept the goods immediately. A deposit will be charged for custom orders. Payments are only deemed to have been made once they have been credited to our business account. In the event of late payment, we are entitled to charge default interest of 4% from the due date. If the ordered goods are not accepted, 15% will be charged, and in the case of custom-made products, 50% of the agreed purchase price will be charged. The ordered goods can be used by us. Any reminder and collection costs will be invoiced. Reminder costs will be charged at 15 euros per reminder.

   When we deliver, the customer is obliged to inspect the goods immediately. By signing the delivery note, he expressly confirms that the goods are free of damage. For deliveries by parcel services, shipping companies, etc., the goods must be inspected immediately and any defects must be reported in writing within 3 days. The risk is transferred to the customer upon delivery or handover.

   We are entitled to withdraw from the contract in the event of default in acceptance or other important reasons, such as, in particular, the opening of bankruptcy proceedings against the assets of a contractual partner or the rejection of a bankruptcy application due to insufficient assets to cover costs. In the event of withdrawal, if the customer is at fault, we have the choice of demanding flat-rate compensation of 15% of the invoice amount or compensation for the damage actually incurred.

5. Retention of title

   All goods are delivered subject to retention of title and remain our property until full payment. If we demand the return or take back of the goods subject to retention of title, this will only constitute withdrawal if this is expressly declared. Without prejudice to further claims, we are entitled to charge for transport and handling costs incurred. The goods subject to retention of title may not be sold, exploited or processed. The customer bears the full risk for the reserved goods. In the case of delivery subject to retention of title, the customer hereby assigns to us his claims against third parties, insofar as these arise from the sale or processing of our goods, until our claim has been finally paid. If the customer is in default with his payments to us, these are due to separate the sales proceeds received by him and the customer only holds these in our name. Any claims against an insurer must now be assigned to us within the limits of Section 15 VersVG.

    

   Warranty, guarantee

   If there is a defect that can be remedied, we will fulfill the customer’s warranty claims at our discretion either through replacement, repair or price reduction. A complaint does not entitle the customer to withhold or reduce the purchase price.

   The voluntary guarantee of 20 years only relates to the function of the heating elements (tubes) and only applies in conjunction with the use of an icon control and in a private Gurtner infrared cabin. Guarantee claims must be submitted to our company in writing, presenting the original invoice. Any additional costs in connection with the fulfillment of the guarantee for delivery and installation are borne by the purchaser. In the event of damage caused by improper assembly, handling or commissioning, the guarantee is excluded. The guarantee also expires if the device is moved (relocating the infrared cabin or sauna), if repairs are attempted or if unauthorized personnel intervene in the system or if it is transferred to other people (the guarantee is personal). The tubes may only be replaced by personnel authorized by us. This voluntary guarantee has no influence on the warranty.

   Wood is a natural product. It cannot be guaranteed that an ordered product will correspond to the sample. Cracks in the wood are natural, they are not a reason for complaint and are not considered a defect. Furthermore, small optical defects are due to production. They are also not a reason for a complaint or a defect.

   We assume no liability for consequential damages arising from the failure of the delivered product.

    

   Product liability, compensation

   All claims for damages against us are excluded in cases of slight negligence. The injured party must prove the existence of slight or gross negligence. Claims for recourse within the meaning of Section 12 of the Product Liability Act are excluded unless the person entitled to recourse proves that the error was caused by gross negligence on our part.

    

   Place of jurisdiction, applicable law, severability clause

   The place of jurisdiction and place of performance is our company’s registered office. Only Austrian law. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.

   Should individual provisions of these General Terms and Conditions be wholly or partially ineffective or unenforceable, this does not affect the validity of the rest of the conditions. The legal ineffectiveness of individual parts of the contract does not release the contractual partners from the contract. The ineffective provisions must be replaced accordingly.

9. data protection

   The customer gives his consent that the personal data contained in the purchase contract will also be processed and stored by us automatically in fulfillment of this contract. Plans, sketches or other technical documents, as well as samples, catalogues, brochures and illustrations, etc., always remain our intellectual property. Photos of the infrared cabin installed at the customer’s premises may be used for advertising purposes.

    

   Health, personal responsibility

   The customer uses the product on his own responsibility. It comes with detailed instructions for use, which can be requested at any time in the event of loss. The customer must clarify any health risks with his doctor. We decline any liability in this regard.

    

   Resale

   Sales to resellers are prohibited without express written permission. Furthermore, installation in import cabins for the purpose of resale is prohibited.

    

   Malfunction:

   In rare cases, external influences (e.g. radio systems) can disrupt the data transmission of the controller. In such cases, there is a possibility that data transfer may not work properly on all mobile devices. This is not a reason for return. Normally a mobile device with stronger transmission and reception power can help, but in rare cases a more powerful WiFi router is necessary. Such a system change will be carried out at an additional cost. If the external influences are still too strong, the customer must take action themselves (e.g. remove the source of the interference).

13. refund policy

    There is a 14-day legal right of return for online orders and telephone orders. For this purpose, a timely written notification and subsequent return to our address at your own expense is sufficient. Built-in infrared heaters, controls, regulators and other components cannot be returned. Infrared cabins cannot be returned after delivery (for hygiene reasons and because individual adjustments are necessary). Custom-made products are always excluded from return.