General terms and conditions

1. Scope of Application

The General Terms and Conditions apply to the use of the online shop of Gurkerl.at GmbH (,,gurkerl.at") on www.gurkerl.at and are valid from 30.03.2021.

 

2. Contractors

2.1 The owner of this website and the contracting party in all contracts except those listed at https://www.gurkerl.at/c134350-apotheke for online orders is the

Gurkerl.at GmbH

Gutheil-Schoder-Gasse 17

1230 Vienna

FN 535948 i

Commercial Court Vienna

UID ATU 75674101

 

Gurkerl.at-Customer Care

Opening hours: Monday to Friday 6:00-22:00 h, Saturday 6:00-20:00 h

Tel: 0720 70 4100 (available at local rate)

Email: office@gurkerl.at 

The place of performance is the registered office of Gurkerl.at GmbH, Gutheil-Schoder-Gasse 17, 1230 Vienna.

 

2.2 Gurkerl.at offers drugstore and cosmetic products, dietary supplements and over-the-counter medicines via its website at https://www.gurkerl.at/c134350-apotheke. The products offered at https://www.gurkerl.at/c134350-apotheke are sold by Gurkerl.at in the name, on behalf and for the account of

 

Da Vinci Apotheke, Mag.pharm. Baurek OG, Davidgasse 82-90, 1100 Vienna

Pharmacy

Company register: FN 139310 v, Commercial Court Vienna

Tel: +43(1) 6042560, Fax: +43(1) 6042560-32, Email:  office@davinci-apotheke.at

Public pharmacy according to Austrian Pharmacy Act. 

Professional regulation: Pharmacies Act.

Pharmacy Operations Regulations, Medicines Act, Professional Ethics:http://www.apotheker.or.at

(hereinafter "Partner Pharmacy")

 

Gurkerl.at acts as IT service provider, logistics partner and payment/collection agent for these products. The seller of the products is the partner pharmacy. Any claims of any kind in connection with the goods offered at https://www.gurkerl.at/c134350-apotheke can only be directed to the partner pharmacy, although Gurkerl.at acts as an additional service point and will forward any concerns/complaints to the partner pharmacy without delay. The same applies to product-related questions, for which the partner pharmacy is the direct contact. Gurkerl.at is the contact for all administrative questions, such as in particular shipping/delivery and payment modalities.

The telephone product-related advisory service offered on the Gurkerl.at website is provided in cooperation with the partner pharmacy. The consultation is carried out by a pharmacist of the partner pharmacy, but in no way replaces a consultation with a general practitioner, a general practitioner or a personal consultation in an Austrian pharmacy. 

 

3. What does gurkerl.at do?

Gurkerl.at has set itself the goal of helping you to create a more conscious and therefore better life. We do this by supplying you with high-quality food from regional production, as well as supermarket items and goods from farms and specialist shops. You can order through our online shop. This means that this is a distance selling business.

 

 4. Registration and conclusion of contract for online orders

As a buyer, you enter your name, address, e-mail address and mobile phone number in the space provided in the online shop. No registration is necessary for the purchase. However, the necessary data must be deposited, otherwise no delivery can take place.

After submitting the order, you will receive a confirmation of receipt.

After sending the order, gurkerl.at confirms receipt of the order by e-mail to the e-mail address not specified. With this order confirmation, an effective contract for the goods contained in the order (purchase and delivery) is concluded. 

With the order confirmation for the products offered by our partner pharmacy in the https://www.gurkerl.at/c134350-apotheke, an effective contract is concluded with our partner pharmacy. 

The terms and conditions will be sent to you together with the order confirmation as a link in the e-mail from gurkerl.at.

The minimum order value per order is € 49,- (value of goods excluding deposit and delivery fee). Orders will only be accepted in household quantities per item and only if the specified delivery address is within the delivery area (www.gurkerl.at/lieferpreise-und-liefergebiet/) displayed on the webshop. From an order value of € 99, - you can shop with us without any delivery fee.

For items charged by weight, there may be a maximum deviation of 30% between the actual delivery quantity and the order quantity, whereby the actual price calculation is based on the actual delivery quantity.

If an item you have ordered is not available, gurkerl.at will select a suitable alternative from the range and add it to the delivery. Of course, you are free to decide upon receipt of the delivery whether you agree with this alternative. Otherwise, you have the option to reject the alternative upon delivery, which will then be taken into account accordingly in the total price of your delivery.

The language of the contract, order and complaint is German.

 

5. Prices

The prices valid on the day of the order (gross prices including all applicable taxes and duties) are specified in the webshop. Delivery charges and any deposit charges are in addition to the prices shown and will be shown separately before the order is placed.

The delivery fee is between € 4.90 and € 8.90, depending on the size of the shopping basket and/or capacity, if the order value (prices for the items in the shopping basket excluding deposit and delivery fee) is less than € 99. From an order value of € 99,- we do not charge a delivery fee.

The purchase price of the goods offered at https://www.gurkerl.at/c134350-apotheke is determined by our partner pharmacy. Gurkerl.at has no influence on this. The total purchase price includes the purchase price of the respective product (including all applicable taxes and duties). This purchase price can be seen during the ordering process as the individual purchase price per product and also as the gross total amount and is payable by the customer to Gurkerl.at, which is commissioned and authorised by the partner pharmacy to collect the purchase prices.

 

6. Due date, means of payment, default and retention of title

Payment for the order is made either online or directly on delivery to the Gurkerl-Botin or Gurkerl-Bote (our delivery staff).

We accept the following payment methods for delivery: debit and credit cards (Maestro, Mastercard, Visa) as well as Apple Pay and Google Pay.

We accept the following payment options online (payment is made online during checkout): credit cards (Mastercard, Visa), Sofort (Klarna), EPS, Apple Pay and Google Pay.

After delivery, you will receive an email with a link to your invoice and the invoice from our partner pharmacy. You can also find these in your customer account in the respective order under "my documents". 

Cash payment, payment on invoice and payment by payment slip are not possible.

Online payment is possible with the means of payment not specified. If you have ordered items charged by weight, 30% will be reserved on your credit card in addition to the order value for any discrepancies in the case of items charged by weight. After receipt of the goods, you will be charged the actual value of the goods. You will find the final invoice in your profile in the webshop after delivery.

All online payments are processed by our payment provider Adyen, Inc. Gurkerl.at has no access to the stored payment data and is not liable for the security of the data or incorrect bookings caused by possible errors of the payment provider.

Gurkerl.at and our partner pharmacy retain ownership of the goods until they have been paid for in full.

Returns can be handed over directly to the Gurkerl-Botin or the Gurkerl-Bote, who will take them back at our expense.  

 

7. Vouchers

A value voucher purchased against payment is valid for a certain period of time. In case of a desired extension, please contact office@gurkerl.at.

The voucher code we send out in the case of collaborations or for marketing reasons may be a word or a random sequence of characters delivered by email. The corresponding validity is recorded in this e-mail. The voucher code must be redeemed in the shopping basket when the order is completed. After completion of the order, the code can no longer be redeemed.  

 

8. Delivery

The delivery of the items ordered by you will be carried out by a "Gurkerl-Botin" or a "Gurkerl-Bote" in principle to the flat or house door (the latter for single-family houses) at the delivery address specified. Deliveries are possible to all addresses that are confirmed when you specify the delivery address as part of your order (delivery area). We can only deliver to addresses that can be reached by the Gurkerl-Botin's or Gurkerl-Bote's vehicle; in pedestrian zones and areas with a temporary driving ban, deliveries can only be made during the permitted times. We only deliver to addresses that can be reached by a fixed drivable route with the delivery vehicle.

Self-collection is not possible at gurkerl.at.

The products purchased at https://www.gurkerl.at/c134350-apotheke are provided by the partner pharmacy as delivery agent and delivered by a "Gurkerl-Botin" or a "Gurkerl-Bote" in principle to the flat or house door (the latter in the case of single-family houses) at the delivery address specified. 

 

Delivery in reusable bags

Usually, the ordered goods will be delivered to you in paper bags.

As a special service, Gurkerl.at offers you the opportunity to get your ordered items in sustainable reusable bags. You can do this over the course of the ordering process (“Service”) where you are able to choose between receiving your order in reusable bags which are made from recycled PET bottles or in paper bags. Therefore, you have to click on the section/button “PACK IN” in your order summary and you will have the choice between “Paper bags” and “Reusable bags”.

In case you choose getting your order delivered in reusable bags, a service contract will be concluded in your order confirmation requiring a small fee. For your first order with reusable bags, the amount of € 10,- (which acts as a “deposit”) – will be added to the total of your ordered products.

You have the right to return the reusable bags to Gurkerl.at by handing them over to the Gurkerl-courier that delivers your next order. The care (washing, cleaning) of the reusable bags will be taken over by gurkerl.at at no cost for you. The reusable bags remain the property of Gurkerl.at.

Using this service, you will receive a supply of 10 reusable bags. If the number of unreturned bags reaches the limit of 10 or more, your next orders will be delivered in paper bags until the number of unreturned reusable bags drops under 10.

If you have not ordered any product for the past 12 months or longer but have at least 1 reusable bag in your possession that was not returned to Gurkerl.at, the fee that acted as a deposit will be forfeited to Gurkerl.at. The same applies if you used up the entire supply of reusable bags and have not returned the bags (or just partly) within 3 months from the date, the supply was depleted.

Customers that are consumers according to the Austrian Consumer Protection Act have the right to revoke this service within 14 days without giving reasons. See point 11.

If reusable bags are temporarily unavailable due to circumstances for which gurkerl.at is not responsible (for example, cases of force majeure, delivery problems of the supplier, etc.), gurkerl.at reserves the right to deliver the ordered items in paper bags during the period of unavailability of reusable bags.

 

9. Delivery times

Deliveries are made Monday to Friday from 6:00-22:00 and Saturdays from 6:00-20:00. The earliest available time slot is automatically suggested to you in the webshop. You can choose your delivery window within the four days displayed.

The delivery window you have chosen will be displayed.

The delivery window you select is binding, both for you and for us. If the Gurkerl.at messenger does not meet you at the agreed delivery location within the agreed delivery window, we will contact you by telephone. Failure to arrive is tantamount to cancelling the order; in the event of a repeat occurrence, we will charge a cancellation fee of € 10,-.

If we cannot meet the agreed delivery time, we will inform you by SMS or by push notification if you have installed our app. You can always find the current delivery time in the app or in the webshop if you are logged in. 

If you are entitled to free delivery due to your order quantity (point 5), we will credit you with € 3,- in the event of a delay between 15 and 29 minutes. Between 30 and 59 minutes you will receive € 5,-, in case of a delay of more than 60 minutes you will receive € 10,-. The credit will be sent to you by e-mail and in the form of credits that you can redeem in the webshop.

If you have to pay a delivery fee due to your order quantity, you will receive € 5,- plus the delivery fee in case of a delay from our side between 30 and 59 minutes. In the event of a delay of 60 minutes or more, you will be credited € 10,- plus the delivery fee. The credit will be sent via e-mail and in the form of credits that you can redeem in the webshop.

These voucher codes, which are sent by e-mail, are valid for 14 days.

In all these cases, we will not charge a cancellation fee if you no longer want or can accept the delivery.

 

10. Warranty rights, liability

The risk of loss or damage to the goods shall only pass to you after delivery by the Gurkerl-Botin or Gurkerl-Bote.

Every customer has a legal right of warranty according to §§ 923ff ABGB. The period is two years from the date of receipt of the goods. Gurkerl.at warrants the goods to be free from defects at the time of delivery in accordance with the statutory provisions. The statutory periods shall apply to the assertion of warranty claims. In the case of justified complaints, the goods shall either be replaced free of charge or improved, for which a reasonable period of time shall be granted. If a replacement or an improvement is not possible (not possible, too much effort, unreasonable, delay), then you as the buyer are entitled to a price reduction or, if the defect is not minor, cancellation of the contract (redhibition).

Gurkerl.at is only liable for damages in case of intent and gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence has to be proven by the injured party, unless it is a consumer transaction. Compensation for consequential (defect) damages, as well as other property damages, financial losses and damages to third parties against the customer, insofar as it is not a consumer transaction, is excluded, insofar as this does not conflict with mandatory statutory provisions. 

Our company as operator of the web shop mentioned in the imprint provides the services with the utmost care, but is not liable for the services provided by third parties or obtained from third parties. Any guarantees granted are to be claimed from the guarantor and are subject to the latter's terms and conditions. The use of the guarantee does not restrict the legal guarantee.

For the products purchased under https://www.gurkerl.at/c134350-apotheke, the customer also has a statutory warranty right (improvement, replacement, price reduction or cancellation of the contract) and can initially also only demand the improvement or replacement of the item, unless the improvement or replacement is impossible or involves a disproportionately high effort for Partner Pharmacy. In this case, the customer shall have the right to a price reduction or, if the defect is not minor, the right to rescission. The customer may submit a complaint directly to the partner pharmacy or to Gurkerl.at by sending the rejected goods. In the latter case, Gurkerl.at will forward the notice of defects to the partner pharmacy without delay.

 

11. Right of Withdrawal

Customers who are consumers according to the Austrian Consumer Protection Act have the right to revoke this contract within 14 days without giving reasons.The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. In order to exercise your right of cancellation, you must send us (Gurkerl.at GmbH, Gutheil-Schoder-Gasse 17, 1230 Vienna, Tel.: 0720 70 4100, E-Mail: kunden@gurkerl.at of your decision to revoke this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use this model cancellation form for this purpose, but it is not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notice of exercise of the right of withdrawal before the withdrawal period expires.Consequences of the revocationIf the Customer revokes the contract with Gurkerl.at, Gurkerl.at shall reimburse the Customer all payments received by Gurkerl.at from the Customer, including the delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the most favourable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which the notification of the revocation of the contract was received by Gurkerl.at. The same means of payment that was used for the original transaction shall be used for the repayment, unless expressly agreed otherwise with the Customer; in no case shall the Customer be charged any fees due to this repayment. Gurkerl.at may refuse repayment until gurkerl.at has received the goods back or until the customer has provided proof that the goods have been returned, whichever is the earlier.The customer shall return the goods to Gurkerl.at without undue delay and in any case no later than within fourteen days from the day on which Gurkerl.at was informed of the revocation of the contract. The deadline shall be deemed to have been met if the Customer sends the goods before the expiry of the fourteen-day period. The customer shall bear the direct costs of returning the goods. The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

No right of withdrawal exists for:

  • Goods that can spoil quickly or whose expiry date will soon be passed;

  • Goods that are made to customer specifications or clearly tailored to personal needs;

  • Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery;

  • Newspapers, periodicals or magazines.

  • Products which were ordered from our partner pharmacy at https://www.gurkerl.at/c134350-apothekebei, which are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal was removed after delivery.

  • Products which were ordered from our partner pharmacy at https://www.gurkerl.at/c134350-apothekebei, which are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal was removed after delivery.

 

12. Closure of customer accounts

Gurkerl.at reserves the right to close and delete your customer account if you:

  • In repeated cases, you refuse to accept delivery of goods after placing an order without legal reason; or

  • you insult, offend, threaten, physically harass, sexually harass or otherwise behave in a manner contrary to morality and/or the applicable legal system towards the Gurkerl-Botin or the Gurkerl-Botin. Of course, we assume that this will not happen. However, we have to put it in writing here.

 

13. References and links

References and links to external sites are only signposts. Gurkerl.at does not identify itself with the content of external sites referred to or linked to. Gurkerl.at is only liable for linked pages in accordance with § 17 ECG. If illegal content is detected on a linked page, Gurkerl.at requests notification and will delete the link after checking. We are happy about backlinks, but will check if they should be harmful links.

 

14. Copyright

Gurkerl.at reserves all rights, in particular copyrights, to the entire content of this website. The use of any content requires the written consent of gurkerl.at, with the exception of the "Press Corner" section. ©gurkerl.at is to be cited as the source for press photos and the corresponding texts.

 

15. Complaints, Grievances, Ombudsman, Dispute Resolution

You are welcome to use the function "Online Complaint Management" in our webshop for complaints if you would like to complain about articles or inform us of a complaint. You can use this function up to 72 hours after delivery. After this period has expired, or in the event that you would like to receive money back or a new delivery of the desired product or a replacement product instead of credits, please contact our customer service on telephone number 0720 70 4100 or e-mail address kunden@gurkerl.at Our gurkerl.at customer service is available for you from Monday to Friday from 6:00-22:00 and on Saturday from 6:00-20:00. 

We are prepared to participate in a dispute resolution procedure. We are happy to provide information about the contact details of the ombudsman's office:

www.ombudsstelle.atInternet Ombudsman's Office c/o Austrian Institute for Applied Media Communication (ÖIAT)Ungargasse 64-66/3/4041030 Vienna

 

16. Take-back of glass and plastic bottles

The Gurkerl-Botin or Gurkerl-Bote will gladly take back empty returnable bottles for you free of charge.  The corresponding deposit amount will be credited to you as credits. The corresponding credit can be viewed in your customer account, and you will also receive an e-mail.

 

17. Jurisdiction, Applicable Law

For contracts with companies, the competent court for the registered office of Gurkerl.at is exclusively agreed as the place of jurisdiction. For contracts with consumers from a Member State of the EU, the consumer has the choice between his court of residence and the court of jurisdiction at the registered office of the company. The contracting parties agree on the applicability of Austrian law, insofar as no mandatory legal provisions conflict with this. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. Mandatory consumer protection provisions under the law of the state in which the consumer has his habitual residence remain unaffected.

 

Version March 2021