General terms & conditions pertaining to an online shop
§ 1 Conclusion of contract – Legal scope
The following Terms & Conditions (hereinafter referred to as “Terms”) in their most current form at the time the contract in question was concluded apply to business relationships entered into between the owner of www.intersport-schneider.at, the Schneider Michael Sportartikel Gesellschaft m.b.H, FN 43105S headquartered in 5541 Altenmarkt im Pongau (hereinafter referred to as “Vendor”) and the orderer (“Customer”): These Terms apply both to consumers as well as businesses, other than if a specific provision makes a clear differentiation between the two. Agreements are subject exclusively to the Terms at hand. Divergent conditions are not recognized and hereby rejected. If the Customer is an entrepreneur whose own terms of business are either contradictory to or divergent from these Terms, those terms of business are not recognized and are hereby rejected, other than if the contrary is expressly stipulated.
§ 2 Contractual parties
The contractual parties may be natural or legal persons domiciled in the Republic of Austria or other member countries of the EU. If you require delivery to countries other than the aforementioned, please contact us at: firstname.lastname@example.org
§ 3 Offer – Acceptance – Contract Conclusion
The products presented in our online shop do not constitute an offer. The Customer for his part submits a contractual offer (order). You have submitted a legally binding offer when you have completed the online ordering process by entering all the required information and, in the last step, clicked on the button “submit order”. Orders are received without delay, in other words regularly on the same working day by electronic means, and confirmed automatically. Our confirmation of receipt does not constitute acceptance. Acceptance of the order is indicated when the goods are shipped. Orders are either accepted or rejected within an appropriate and customary processing and consideration time, during which our stock and the customer’s creditworthiness can be checked. With respect to credit checks, the acceptance period may not be longer than two weeks. Fundamentally, only quantities typical for standard households will be released to end-customers. Orders of a larger scope are possible exclusively pursuant to a written agreement.
§ 4 Prices – Payment Methods – Default
Listed prices are in EUR and include statutory value-added taxes which are also indicated on the invoice. Shipping costs are extra (on orders less than EUR 50 within Austria). Prices will apply that are in effect on the day the order is placed. The delivery will be completed by means of delivery services provided by DPD. The flat charge for shipping is EUR 4.95. This charge is dropped on orders worth EUR 50 or more including VAT. With respect to shipments to third countries, the customer is referred to our table of shipping charges. For deliveries to countries outside of the European Union, the customer is responsible for all taxes and duties as may be incurred. Shipping charges, COD fees, taxes and duties cannot be reimbursed.
We do not offer separate shipping insurance. That said, postal packages are automatically insured up to a total contents value of EUR 500. Accepted payment methods are exclusively advance payment, credit card (Visa and MasterCard), PayPal and saferpay. The account/credit card of the Customer will be debited upon acceptance of the order. Payment pursuant to invoice is exclusively contingent upon prior written agreement. Under certain circumstances, the Vendor will check and evaluate data provided by the Customer and, if circumstances dictate and are justified, will exchange data with a commercial information service. If a Customer’s payment is in default, the Vendor is entitled to demand default interest in the amount of 4% per annum. If it can be shown that the Vendor has incurred greater damages due to the default, the Vendor is entitled to assert such a claim. The Customer only has the right to offset charges if his counterclaims have been legally determined, have been accepted by the Vendor or if they derive from the same legal relationship .
§ 5 Delivery and Notification of Defect
Information pertaining to delivery times is nonbinding unless the delivery date was expressly stipulated under exceptional circumstances. In such an instance, a failure to comply with, or a delay in the stipulated delivery date due to force majeure, labor disputes, fire, unforeseen obstacles or other circumstances not attributable to the Vendor, the delivery period will automatically be extended for the duration of such events. The Vendor is entitled to make partial delivery if a portion of the ordered goods is temporarily undeliverable. Additional shipping charges will be borne by the Vendor. If the Customer does not take prompt delivery of the goods, the Vendor may demand compensation for any damages as may result, whereby the Customer is conceded the right to demonstrate damages of a lesser extent. Insofar as the Customer is in arrears with any financial obligations to the Vendor, the Vendor is not subject to these delivery requirements.
§ 6 Warranty with Respect to Defects
Within the scope of the following provisions, the Vendor guarantees for a statutory warranty period of two years that deliveries and considerations are free of defects consistent with warranty statutes. In addition to the statutory warranty, an item may also be covered by an accompanying guaranty. The Customer must detail the product defects as precisely as possible and return the product immediately. Shipping damage must be reported to the shipping company immediately. A copy of the sales invoice/delivery slip must be enclosed with the returned item. Defects of flawed items are primarily remedied by means of exchange.
Not covered by warranty are those defects or damages which are caused by the Customer not having followed instructions pertaining to maintenance, use and operating conditions, other than if the circumstances did not represent a direct cause for the defects in question. Items that were not received from the Vendor will be returned in unrepaired condition and the Customer will be billed for any additional charges as may result .
§ 7 Liability for Damages
DLiability on the part of the Vendor is limited to violations of contractual obligations as well as liability in the event of premeditation or gross negligence. Insofar as liability for damages not involving injury of life, body or health of the Customer are not excluded, pertinent claims lapse within one year subsequent to the origination of the claim. Insofar as liability for damages is excluded or limited, this also applies to personal damage liability pertaining to employees, representatives and agents of the Vendor. Within the aforementioned framework, the Vendor is not liable for non-product-specific information and tips offered free of charge, nor for hyperlinks that reference external offers.
§ 8 Availability Disclaimer
Undeliverable items will be indicated as such on the Internet or put off-line (i.e. made invisible). The Vendor is entitled with respect to the Customer to rescind the agreement insofar as, even though he has previously entered into a sales agreement, he has not received the product. The Customer will be informed about the missing delivery immediately and, in the event the agreement is rescinded, will receive a refund of any payments already received without delay. With respect to customers who are entrepreneurs, in the event of missing, incorrect or unpunctual deliveries, the Vendor is entitled to rescind the agreement.
§ 9 Revocation Policy
The Customer may revoke his contractual declaration within 14 calendar days without citation of reasons. This period begins upon receipt of the goods. To be considered to have complied with the revocation period, it suffices for the Customer to have sent the notification by the stipulated date.
Consequences: If you revoke the agreement, we must refund to you all payments which have been received from you, including delivery charges (with the exception of additional costs resulting from your having selected a form of delivery other than that which is standard), and do so promptly and within no more than 14 days from the date when your revocation notification was received. The same mode of payment will be used for the refund as was used for the original transaction, other than if a different mode is expressly stipulated. The refund may be withheld until the returned goods have been received or until evidence is produced that the goods to be returned have been shipped.
The goods themselves must be shipped back without delay and within 14 days of the latest from the date of your revocation notification. This deadline is deemed to have been complied with if the item is shipped prior to the deadline.
You/the Customer bear all direct costs associated with return shipment of the goods.
Potential loss of value of the goods in question is only borne by the Customer if subsequent inspection determines that the loss of value is deemed to be the result of inappropriate use of the item with respect to its condition, characteristics or functionality.
In order to ensure returns are processed as quickly as possible, the Customer must enclose with the returned goods a copy of the purchase invoice/delivery slip along with a detailed description of the defect. Failure to do so does not have any legal consequences.
The revocation right does not apply to contracts pertaining to
- products manufactured to Customer specifications or customized to the personal needs of the Customer (e.g. skis with mountings customized to your dimensions)
Tips for smooth handling of returns
§ 10 Proprietary Rights
Until payment has been received in full, the delivered goods remain the property of the Vendor.
§ 11 Inspection and Complaint Obligations
If the Customer is an entrepreneur, he must inspect the goods within an appropriate period of time subsequent to delivery and, if defects are apparent, notify the Vendor without delay. If the Customer fails to do so, the goods are automatically deemed to have been approved. If the defect only becomes apparent at a later date, the notification must be made within an appropriate time period after it has been discovered.
§ 12 Contractual Validity/Transferability
Should one or multiple provisions of these Terms become null or void, this shall in no way affect the validity of the remaining provisions. The Customer may only transfer rights deriving from this agreement with the expressed consent of the Vendor.
§ 13 Applicable Law and Seat of Jurisdiction
The legal code of the Republic of Austria shall apply under exclusion of the international Uncitral agreement pertaining to goods purchases. The Republic of Austria shall have jurisdiction over all business transactions pertaining to entrepreneurs, legal persons subject to public law and special assets governed by public law.
§ 16 Privacy Declaration
§ 17 Information about Alternative Dispute Resolution
The European Commission has established an online dispute resolution platform to resolve disputes pertaining to online purchase agreements or online service contracts. This may be accessed by clicking on the following link: https://webgate.ec.europa.eu/odr/. It may then be used in order to resolve disputes with the Vendor pertaining to purchase contracts entered into online on an extra-judicial basis.
Furthermore, the Vendor has committed himself to accepting the involvement of the following institution for extrajudicial conflict resolution with respect to disputes involving consumers:
Internet Ombudsman – Association for the Promotion of Extrajudicial Dispute Resolution on the Internet
c/o ÖIAT (Österreichisches Institut für angewandte Telekommunikation)
Margaretenstraße 70/2/10, 1050 Wien