GENERAL TERMS OF BUSINESS
§ 1 – General
Our supplies and services are based exclusively on our terms of business. Purchasing conditions of our buyers which differ from these are rejected here and now. Terms of business of our buyers are only binding on us, if we have recognized them explicitly and in written and binding form.
§ 2 – Offer and conclusion of contract
Orders can be placed in writing, by fax, orally, by telephone, electronically or by e-mail or internet. If offers are addressed to us, they are binding for the buyer for an adequate period, at least, however, 8 days from the receipt of the offer. A contract has only been concluded after an order confirmation or the merchandise has been sent by us. All goods and services offered are subject to change and valid as long as stocks last. The vendor is eligable, the sales prices to adjust when following terms eventuate: conditions of the market has changed, considerable changes in the procurement costs, sales tax changes or procurement prices. The buyer will get the infomation about the nesessary markup in written form and he is aswell eligable to resign the contract.
§ 3 – Extent of supply
Slight deviations regarding colors, execution, in particular in the case of symbol photos, are admissible if usual in trade. During the time of delivery we reserve the right of making slight optical changes or changes in construction or form which can be traced back to an improvement of technology, a modification by the supplier or demands of legislation, if the object of supply is not modified considerably and the modifications can be done by the supplier.
§ 4 – Prices
All prices named by us, unless explicitly said, are to be understood inclusive of legal value-added tax in Austria. The in the shop red indicated prices are the sales prices recommended by the manufacturer without obligation or our latest sales prices. Costs of dispatch are not included in the sales prices and are shown separately, depending on the country from which articles are ordered.
§ 5 – Terms of payment, interest on payment in arrears
The dispatch of the goods is executed exclusively after the payment of the merchandise either by advance payment, EU-standard bank transfer, sofortueberweisung.de, PayPal or the credit cards Mastercard or Mastercard Secure Code, Visa or Visa Verified, American Express, Diners Club, Discover, Maestro Card Secure. Sofort banking only works if you have an account in Austria, Switzerland (possible only in Euro), Netherlands, Belgium, Italy, Spain, Slovakia or Germany that can be used for telebanking. In case of advance payment or payment with EU-standard bank transfer the dispatch of the goods only takes place after payment has been received on our account. If you pay by PayPal, credit card, maestro card or by Sofortueberweisung.de the dispatch is possible immediately after the payment provider has confirmed that payment has been made. You will receive further information about our payment providers "PayPal", "Ingenico Payment Services" and "Sofortüberweisung" and their respective General Terms of Business on www.paypal.com, www.ingenico.com or www.sofortueberweisung.de.
Payments by our customers are only considered to be made when they have been credited to our account. If a customer is in arrears of payment, we have the right to claim, according to option, the refund of our damage really occurred or the payment of interest on arrears in the legal amount. Our company is entitled to demand compound interest from the date of the handing over of the goods, if the customer has not paid.
§ 6 – Rescission from the contract
In case the acceptance of the goods is delayed or for other important reasons, such as in particular the bankruptcy of the customer for lack of capital or in case of a default in payment by the customer we are entitled to rescind the contract, if it has not been completely fulfilled by both sides. In case of a rescission due to the customer´s fault we have the option to claim damages in the form of a lump sum of 15% of the gross invoice amount or the refund of the damage actually occurred. In case of the customer´s default in payment we will be released from all obligations of service and delivery and will have the right to hold back all services or deliveries still to be made and to claim any advance or reserve payments or to rescind the contract after setting a reasonable period within which to make performance. If the customer – without being entitled to do so - rescinds the contract or requests its cancellation, we will have the option to insist on the fulfillment of the contract or to accept its cancellation; in the latter case the customer will be obliged, depending on our option, to pay damages as a lump sum of 15% of the gross invoice amount or the damage actually occurred.
§ 7 Right to cancel the contract
The consumer can cancel the contract within 14 days. The period begins with the day of the receipt of the goods by the consumer or, in the case of services, with the day when the contract was concluded. It is sufficient to send the declaration of cancellation within this period. The cancellation must in any case be made in written form or by means of another durable data medium. It is not necessary to give an explanation. If the consumer rescinds the contract according to this rule, he will have to bear the costs for the return of the goods; if a credit was concluded for the contract, he will in addition have to bear the costs of a necessary legalization of signatures and the fees for the granting of the credit. In the case of services, the execution of which has been started according to the contract within 14 days from the conclusion of the contract and for goods especially made or ordered for the buyer and which do not comply with our basic range, a rescission is not possible. If you cannot return the service provided in full or partly or only in a deteriorated condition, you will have to provide the corresponding value refund. In the case of articles this does not apply, if the deterioration of the merchandise is exclusively due to its examination, such as it would have been possible e.g. in the shop. Upon receipt of the goods and check for damage, you will receive the purchase price of the goods plus the shipping costs to you refunded. In the case of a partial return, one or more articles of a delivery will be kept, only the purchase price of the goods will be refunded.
§ 8 – Packing and dispatch
We generally send the goods by the parcel service DPD, GLS or Post service, larger bulky articles, such as home trainers, running belts are transported by the forwarding agency Schenker. The choice of the means of transport will be made at our discretion. We reserve the right of cooperating with other reputed forwarders in individual cases. Under costs of delivery and dispatch you will find the detailed charges for packing and dispatch. Deliveries take place in principle at the risk and cost of the buyer. Freight and other costs are debited to the purchaser during his online payment. We will choose the way of transport which is most favorable for you. Should an order consist of several articles and not all articles be in stock, we will wait with the delivery until all articles are available. Should this take longer than 7 workdays, you will be informed by e-mail and we will send you a partial delivery and pay for the freight costs of the additional delivery. If you order bulky goods simultaneously, such as bicycles, home trainers, running belts etc. and accessories, please consider that these will be sent separately, i.e. there will be dispatch expenses GLS which depend on the weight and the transport lump sum for the bulky goods. Delivery periods given by the seller are, unless they have been explicitly guaranteed as fixed dates in writing, to be seen as approximate dates and are subject to the seller´s being supplied in due course. In case of delivery interruptions occurred beyond the seller´s responsibility, of strikes or natural catastrophes or in other cases of force majeure and if deliveries of the sub-suppliers fail to arrive at the seller´s premises in time, the seller will not be obliged to deliver, if this has become impossible for him. If a delay in delivery incurs due to this fact, the obligation of the seller to deliver and the obligation of the buyer to accept delivery will continue. In the above mentioned cases the seller will not be obliged to pay damages because of the non-fulfillment of the contract or a delay in delivery, even not after expiration of an additional period possibly granted by the buyer. In the case of a return of the goods which does not take place within the context of the right of cancellation, the person sending the goods back will have to bear the costs for the return and for the risk of dispatch. Deliveries sent back carriage forward cannot be accepted and will be automatically returned to the sender. All obvious faults, shortages or wrong deliveries are to be indicated to us immediately, at the latest within 3 workdays after delivery in written form, in any case before the merchandise has started operation. If the complaints are justified, the seller will have the option to repair the faulty pieces, to send a replacement or to refund the invoice amount.
§ 9 Warranty and liability
We accept the liability for deficiencies of the objects purchase in the following way:
In the case of new articles we provide a warranty for perfect condition of the object delivered within the legal period of 24 months from delivery. In the case of second-hand articles the period of warranty will be 12 months. The warranty refers to the condition of the object when it is delivered. Later damages due to normal ageing, wear and tear or excessive usage are not included. This applies especially to pieces subject to wear and tear and usage, such as ball bearings, chains or pinion chains of bikes. Within the first six months of the warranty period it is anticipated that the damage occurred is due to a defect already existing on delivery. This anticipation can be refuted, e.g. if a part shows damages due to an accident or was opened, modified or repaired unprofessionally. In order to maintain your claim of warranty, we must be informed about obvious damages immediately, at the latest within one week after receipt of the goods in writing. This information has to be sent within the period to maintain your claim of warranty. If the claim about a defect of the good is justified, we have the option to repair it or to send a replacement. If we are not prepared or able to repair or replace an article, or this is delayed beyond the reasonable periods for reasons attributable to us or if the repair or replacement is not carried out for other reasons, the buyer has the option to cancel the contract or to claim a reduction of the purchase price. The buyer has to bear the return costs for the purpose of enforcement of warranty claims. The costs for the repair or claim of damages (replacement delivery)will be borne by us. No warranty obligations exist, if the defect or damage is due to the fact that the buyer has not observed the directions regarding the treatment, maintenance and care of the object of purchase. These directions are contained in the operating manual and the maintenance instructions enclosed separately. As we can only send our bicycles, home trainers, running belts etc. in a pre-assembled condition, we cannot assume any guarantee or liability for the orderly assembly and start of operation. Natural wear and tear is in any case excluded from the warranty. Unless otherwise stated in the following, further claims of the ordering party – irrespective of their legal cause – are excluded. Therefore we are not liable for damages which have not been caused to the object delivered itself; in particular, we are not liable for loss of profit or other pecuniary loss of the ordering party. The above mentioned exemption from liability is not valid if the reason for the occurrence of the damage is due to intent or gross negligence. Neither is it valid if the ordering party claims damages for non-fulfillment because a guaranteed quality is missing, nor for claims according to the product liability Act. The same applies in the case of initial incapacity or impossibility. As far as our liability is excluded or limited, this also applies to the personal liability of our employees, colleagues, representatives and vicarious agents. The company charged with the transport is liable for any damages of the objects delivered occurred during transport. Should the buyer discover an obvious shipping damage upon delivery, please just always record the damage in the bidding document of the transport agency, accept allways the delivery and store the packaging. Should be noted an damage of the goods by unpacking, even if the outer packaging is not damaged, damage must be notified within three working days to us. In both cases, the notification to us with the best possible damage documentation must be made within 3 working days. Only after complaints and documentation to the transport agency and notification within 3 working days after receipt of goods to us, the buyer can make any claims against us. Failure to follow the above shipping damage guidelines may have loss of demanding on compensation.
§ 10 – Guarantee
The guarantee is given according to the directions of the respective manufacturer. You can receive the corresponding information either on the homepage of the respective manufacturer or in the description which is enclosed. Attention: The guarantee of some manufacturers expires e.g. on bicycles and skis, if they are used for races.
§ 11 Reservation of ownership
We reserve the right of ownership to the items purchased (conditional merchandise) until the complete payment of the purchase price. If the party ordering the goods acts in a way contrary to the contract, in particular in case of payment in arrears, we are justified to claim the articles back after a reminder and the purchaser will be obliged to surrender them. The claiming of the reservation of ownership and the levy of execution do not mean a rescission from the contract, unless the directions of the consumer credit Act apply or this is explicitly said by us in writing. The purchaser is not allowed to pledge or assign the goods as security. In the case of executions or confiscation or other orders given by third parties regarding the conditional merchandise the purchaser has to inform us immediately and to place all information and documentation at our disposal which we require to protect our rights. Enforcement officials or third parties are to be informed about our right of ownership.
§ 12 Place of performance and venue
The place of performance is Irdning. In the case of all disputes arising from the contract the District Court of Liezen competent for our headquarters will be responsible. We are also entitled to file an action at the location of the purchaser´s headquarters. Austrian law shall be exclusively valid with the exclusion of all laws on the international purchase of movable goods, also when the purchaser has his registered office abroad.
§ 13 – Exchange of goods
Goods can be sent back to us because you do not like or want to exchange size within 14 days after receipt of the product (buyer pays postage). Please notify us before returning the parcel per e-mail with your desired exchange article additional with your billing address and order number. The replacement article will be returned free of charge for you immediately upon receipt of the goods (postage paid seller). Please attach any hand-written order of the return. Any maybe potential account differences between the initial delivery and exchange will be charged or refunded depending on payment method either online or by bank transfer. Excluded from the exchange are articles especially made for the purchaser and such goods as were ordered by the purchaser, but are not included in our basic range.
§ 14-Misdelivery
Mis-delivery or incorrect delivery must be reported in written form immediately and not later than within three working days after handing over, in any case befor use. In this case all involved shipping costs will be taken over by us. Please make sure that the goods are properly packed. Where a non-free returning of the goods either is inappropriate too expensive for us or not possible, we will replace the postage fee for the returning immediately after receiving of the postage bill per mail. In some cases we can even pick up the goods from you. The decision of the type of retrieval is in our responsibility. The missing or exchange article will be shipped immediately after notification free of charge for you (Seller pays shipping).
§ 15 Miscellaneous
Should a direction be or become nil and void, the validity of the other directions will remain unaffected.
Only the German original text is legally valid.
