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Gurtner Wellness GmbH

Office (no customer traffic): Gunzing 57
4923 Lohnsburg

GURTNER Wellness GmbH Terms and Conditions (T&Cs)
General Terms of Sale and Delivery

1. effectiveness

Deliveries, services, and offers provided by our company are made exclusively on the basis of these Terms and Conditions (T&Cs), regardless of the type of legal transaction. They shall also apply to future transactions as agreed, even if no separate reference is made to them. Any amendments must be made in writing; verbal agreements are not valid. Any actions taken by us in performance of the contract shall not be deemed acceptance of deviating contractual terms.

2. Conclusion of contract, offers, prices, amendments

The contract is only concluded upon our written confirmation or upon dispatch or delivery of the goods to the customer.

Our offers are non-binding and subject to change without notice. Any supplementary agreements, in particular those made by sales representatives, delivery personnel, etc., are not binding for us. The content of our brochures, advertising materials, websites, etc. does not form part of the contract unless we expressly refer to it in writing.

The prices stated in our offer are, unless otherwise specified, exclusive of VAT for commercial customers and inclusive of VAT for private customers.

Minor or other reasonable changes to our performance or delivery obligations are deemed to be pre-approved by the customer in advance. This applies in particular to variations in wood grain and structure, as well as technical modifications.

3. Delivery, assembly

Our stated delivery dates are generally non-binding. We are not liable for any delays.

Packaging, shipping and delivery costs, insurance, etc. are invoiced separately. If difficulties or waiting times occur during delivery or assembly, these will be charged separately. The customer is responsible for ensuring the technical requirements (electrical supply, floor conditions, access to the installation site, etc.). Furthermore, access to the delivery location and parking facilities must be provided. In the case of an installation offer, it is assumed on our part that sufficient space is available (e.g. all-round accessibility for infrared cabins, height + 15 cm).

4. Acceptance, notification of defects, payment

The goods must be paid for in full upon delivery or in advance by bank transfer without any deductions. The customer is obliged to accept the goods immediately in accordance with the agreed date. For custom-made products, a deposit will be invoiced. Payments are only considered made once they have been credited to our business account.
In the event of payment default, we are entitled to charge default interest of 4% from the due date. If the ordered goods are not accepted, 15% of the agreed purchase price will be charged; for custom-made products, 50% of the agreed purchase price will be charged. The ordered goods may be disposed of by us. Any dunning and collection costs will be charged to the customer. Reminder fees amount to EUR 15 per reminder.

In the case of deliveries by us, the customer is obliged to inspect the goods immediately upon receipt. By signing the delivery note, the customer expressly confirms that the goods are free of defects and undamaged.
In the case of deliveries via parcel services, freight forwarders, etc., the goods must be inspected immediately, and any defects must be reported in writing within 3 days.
The risk transfers to the customer upon delivery or handover of the goods.

In the event of default of acceptance or other important reasons, in particular the opening of insolvency proceedings over the assets of a contracting party or the rejection of an insolvency petition due to insufficient assets to cover costs, we are entitled to withdraw from the contract.
In the event of withdrawal, if the customer is at fault, we are entitled to claim either liquidated damages amounting to 15% of the invoice total or compensation for the actual damage incurred.

5. Retention of title

All goods are delivered under retention of title and remain our property until full payment has been made. In the event that goods subject to retention of title are reclaimed or taken back by us, this shall only constitute a withdrawal from the contract if such withdrawal is expressly declared. Without prejudice to further claims, we are entitled to charge any transport and handling costs incurred.
Goods subject to retention of title may not be sold, utilised, or processed. The customer bears full risk for the retained goods. In the case of delivery under retention of title, the customer hereby assigns to us, as security for payment, all claims against third parties arising from the resale or processing of our goods until final settlement of our claims.
If the customer is in default of payment towards us, any incoming sales proceeds must be segregated and held by the customer solely in our name. Any claims against an insurer are already assigned to us within the limits of Section 15 of the Austrian Insurance Contract Act (VersVG).

6. Warranty, guarantee

We shall fulfil warranty claims of the customer, in the event of a remediable defect, at our discretion either by replacement, repair, or price reduction. Complaints do not entitle the customer to withhold or reduce the purchase price.

The voluntary 20-year warranty applies solely to the function of the heating elements (tubes) and is valid only in combination with the use of an icon control system and within a private Gurtner infrared cabin.
Warranty claims must be submitted in writing to our company, together with the original invoice. Any additional costs associated with warranty fulfilment, such as delivery and installation, shall be borne by the customer.
The warranty is excluded in the event of damage caused by improper installation, handling, or commissioning. It shall also become void if the device is relocated (e.g. moving the infrared cabin or sauna), in case of repair attempts or interventions in the system by unauthorised personnel, or if the warranty is transferred to other persons (the warranty is personal).
Replacement of the tubes may only be carried out by personnel authorised by us.
This voluntary warranty does not affect statutory warranty rights.

Wood is a natural product. It cannot be guaranteed that a delivered product will exactly match the sample. Cracks in the wood are natural; they do not constitute grounds for complaint and are not considered defects. Furthermore, minor visual imperfections are production-related. These likewise do not constitute grounds for complaint or defects.
Anodised aluminium may change colour due to heat and UV exposure. This is not considered a defect but is material-related.

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

7. Product liability, damages / compensation

All claims for damages against us are excluded in cases of slight negligence. The burden of proof for the existence of slight or gross negligence lies with the injured party. Recourse claims within the meaning of Section 12 of the Austrian Product Liability Act are excluded unless the party entitled to recourse can prove that the defect was caused by gross negligence within our sphere of responsibility.

8. Jurisdiction, applicable law, severability clause

The place of jurisdiction and place of performance shall be the registered office of our company. Austrian law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Should individual provisions of these Terms and Conditions be wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The legal invalidity of individual contractual clauses does not release the contracting parties from the contract. The invalid provisions shall be replaced by provisions that come as close as possible to the intended purpose in a legally permissible manner.

9. Data protection

The customer consents that personal data included in the purchase contract may be processed and stored by us using automated systems for the purpose of fulfilling this contract. Plans, sketches, or other technical documents, as well as samples, catalogues, brochures, images, and similar materials, shall remain our intellectual property at all times.
Photographs of the infrared cabin installed at the customer’s premises may be used for advertising purposes.

10. Health, personal responsibility

The customer uses the product at their own responsibility. It is supplied with detailed operating instructions, which can be requested at any time in case of loss. The customer is responsible for clarifying any potential health risks with their physician. We reject any liability in this regard.

11. Resale

Sales to resellers are prohibited without our express written consent. Furthermore, the installation of the product in imported cabins for the purpose of resale is prohibited.

13. Right of return

For online orders and telephone orders, a statutory 14-day right of return applies. This requires a timely written notice and subsequent return shipment at the customer’s expense to our address.
Installed infrared heaters, control units, regulators, and other components cannot be returned. Infrared cabins, combination saunas, and saunas are always custom-made according to customer specifications and are therefore considered bespoke products. For hygienic reasons and due to necessary individual adaptations, returns cannot be accepted. Custom-made products are always excluded from the right of return. Withdrawal from the contract is only possible before the start of production.