TERMS and CONTITIONS
General Terms and Conditions of Uhl Günter exclusiv sportartikelvertrieb GmbH (FN 253212 x)
1. Scope of application
1.1 For the business relationship between Uhl Günter exclusiv Sportartikelvertrieb GmbH (hereinafter referred to as the seller) and the customer, the following General Terms and Conditions apply exclusively in the version valid at the time of the order.
1.2 Terms and conditions that contradict or deviate from the applicable GTC are not recognized by the seller and do not become part of the contract. An express objection is not required for this.
2. Order and conclusion of contract
2.1 Customers may purchase goods via the web store operated by the Vendor. The presentation of the goods in the web store does not constitute an offer to the customer to conclude a purchase contract. Before the order process is completed, the customer is presented with an overview of the selected goods, his customer data and information on shipping, their costs and payment, where the customer can check his entries. Only by clicking the button "Complete Order" the customer submits a binding offer to the seller to conclude a purchase contract regarding the goods contained in the shopping cart.
2.2 If the Seller sends the Customer an order confirmation, this does not constitute an acceptance of the Customer's offer by the Seller. The offer of the Customer shall be deemed accepted and the contract concluded only upon the Seller's transmission of a shipping confirmation to the Customer.
3. Price, payment methods and due date
3.1 The price shown by the seller at the end of the order process in the web store is the final price including the statutory value added tax and other possible packaging, transport, loading and shipping costs (see point 4.). These items are visibly displayed during the order process before the order is completed.
3.2 The Seller accepts payments via credit card (Visa, Mastercard and American Express) and purchase on account (Klarna).
3.3 If the customer wishes to pay by credit card, the purchase price is due immediately upon the customer's order. If the customer chooses purchase on account, the purchase price is due within 14 days from delivery of the goods for payment.
3.4 In the event of late payment, interest on arrears shall be charged at the statutory rate from the due date of the claim. Further (legal) claims remain unaffected. A set-off of own claims of the customer against the claims of the seller is inadmissible, unless the claim of the customer against the seller has been determined by a court.
4 Delivery and shipping costs
4.1 The Seller shall endeavor to process orders from customers immediately after receipt of the order.
4.2 After processing the order, the customer can expect delivery within 2-5 days, in the shipping area Austria, to the address specified by the customer in the order.
4.3 The shipping costs are to be paid by the customer. The shipping costs incurred in each case can be seen on the homepage of the seller and are also displayed visibly for the customer before the order process is completed.
5. Retention of title
5.1 If the seller makes an advance payment (purchase on account), the seller retains ownership of the delivered goods until full payment of the final price (point 3.3.).
5.2 Before full payment of the goods, the customer is prohibited from selling, pledging or assigning the goods by way of security or granting any other rights to third parties. Furthermore, the customer undertakes to treat the goods with care during the existence of the reservation of title.
6.1 The warranty period for defects shall be two years, for entrepreneurs one year, in each case calculated from the conclusion of the contract.
6.2 The seller is committed to the idea of sustainability. If a sold product is afflicted with a defect (§ 922 ABGB), the customer is therefore initially only entitled to improvement. If the improvement is impossible for the seller or associated with a disproportionately high effort, the customer has the right to exchange the purchased goods. If both improvement and replacement are impossible or involve a disproportionately high effort for the Seller, the Customer shall be entitled to a price reduction or, if the defect is not minor, the right to rescission.
6.3 Entrepreneurs must immediately inspect the delivered goods and report any defect in writing within a period of one week from the date of acceptance of the goods, otherwise warranty claims shall no longer exist.
7. Right of withdrawal (right of revocation) for consumers
7.1 In the case of purchase contracts concluded at a distance (online, by telephone, e-mail) or outside business premises, consumers as defined by the Consumer Protection Act (KSchG) have the right to withdraw from the contract within 14 days without stating any reasons. The 14-day revocation period runs from the day on which the customer or a third party designated by the customer and not acting as a carrier has obtained physical possession of the goods. If the customer or this third party has ordered several goods as part of a single order, which are delivered separately, the period runs from the date of receipt of the last goods, or in the case of delivery of goods in several partial consignments or pieces, from the date on which the consumer or this third party takes possession of the last partial consignment or piece.
7.2 To exercise the right of withdrawal, the customer must inform the seller, UHL GÜNTER exclusiv sportartikelvertrieb GmbH, Wieselsdorfer Straße 34, 8504 Preding, Phone: +43 3185 2286-0, Fax: +43 3185 228633, E-Mail: email@example.com, by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) about his decision to revoke the contract. For this purpose, the customer may use the model revocation form below (item 7.7.), which, however, is not mandatory.
7.3 In order to comply with the withdrawal period, it is sufficient that the customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
7.4 If the Customer revokes the contract, all payments made by the Customer, including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the cheapest standard delivery offered), shall be refunded to the Customer without undue delay and at the latest within fourteen days from the day on which the notification of revocation of this contract by the Customer was received. For this repayment, the same means of payment shall be used that the customer used for the original transaction, unless expressly agreed otherwise with the customer. In no case will the customer be charged any fees due to this repayment.
7.5 The Seller may refuse repayment until the goods have been received back or the Customer has provided proof that the goods have been returned. The Customer shall return or hand over the goods to the Vendor without undue delay and in any case no later than within fourteen days from the day on which the Customer has informed the Vendor of the revocation of this contract. The deadline is met if the customer sends the goods before the expiration of the period of fourteen days. The costs of the return shipment are to be borne by the customer. The customer shall only be liable for any loss/decrease in value of the goods if such loss/decrease in value is due to handling of the goods that is not necessary for checking the quality, characteristics and functioning of the goods.
7.6 The customer has no right of withdrawal for goods that are made to customer specifications or tailored to personal needs, or for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that this seal was removed after delivery.
7.7 -To the
UHL GÜNTER exclusiv sportartikelvertrieb GmbH
Wieselsdorfer Street 34, 8504 Preding
Phone: +43 3185 2286-0
Fax: +43 3185 228633,
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the product(s) ordered by me/us (*)
-Name of the consumer(s)
-Address of the consumer(s)
-Signature of the consumer(s) (only in case of paper communication)
(*) Delete where not applicable.
8. Arbitration board
8.1 The seller does not participate in the alternative dispute resolution procedure.
9.1 Additional agreements can only be made in writing.
9.2 Formal and substantive applicable law is Austrian law under exclusion of the conflict of laws rules. The applicability of the UN Convention on Contracts for the International Sale of Goods is also excluded.
9.3 The court with subject-matter and local jurisdiction for disputes shall be the District Court of Deutschlandsberg. If the customer is a consumer, § 14 KSchG shall apply.
9.4 If individual provisions of these GTC or parts of individual clauses are or become invalid or unenforceable, the remaining GTC shall remain valid.