AGB
GENERAL TERMS AND CONDITIONS OF SPORTHEAD UG (HAFTUNGSBESCHRÄNKT)
1. scope of application
2. conclusion of contract
3. prices and payment methods
4. delivery and shipping conditions
5. reservation of proprietary rights
6. no sale to commercial customers
7. warranty
8. copyrights and image rights
9. note on alternative dispute resolution
10. final provisions, choice of law
1. SCOPE OF APPLICATION
1.1 These General Terms and Conditions (GTC) apply to all contracts for the purchase of goods that you conclude with us, Vitalwerk GmbH, Weidmanngasse 29/23, 1170 Vienna, Austria, via our online store.
1.2 Pre-formulated terms and conditions of you, which deviate from these GTC, shall not become part of the contract even if we are aware of them, unless we expressly agree to their validity at least in text form (e.g. by e-mail).
1.3 The general terms and conditions only apply if you are a consumer, i.e. the purpose of the ordered products and services cannot be predominantly attributed to your commercial or independent professional activity.
1.4. A sale to customers who act in the exercise of a commercial or independent professional activity and therefore as entrepreneurs or a sale of quantities not customary for households must be notified to us separately in advance.
1.5 The contractual language is German.
2. CONCLUSION OF THE CONTRACT
2.1 Our information on products and prices within each order process is subject to change and non-binding.
2.2 You can first place the products in the virtual shopping cart without obligation. After clicking the "Proceed to checkout" button, you can enter the delivery and billing information and select the desired payment method. You can correct your entries at any time before submitting your binding order by using the correction aids provided for this purpose in the order process. By clicking the button "Buy now" you place a binding order for the products in your shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending your order.
2.3 When the contract with us comes into effect depends on the payment method you have chosen:
- Klarna invoice and installment purchase
We accept your order by sending a declaration of acceptance in a separate e-mail or by sending the goods within two working days. - Klarna Sofortüberweisung
After placing your order you will be redirected to the website of the payment service provider Klarna Bank AB (publ). With the triggering of your payment order there, the contract with us comes into effect. - Credit card
When you place your order, you also provide us with your credit card details. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction and thereby accept your offer. - Paypal
After the order process you will be redirected to the website of the online provider PayPal. There you can initiate the payment transaction to PayPal. By our request for payment transaction to PayPal and we accept your offer. - eps-Überweisung
If you select the payment option eps-Überweisung in the webshop, you will be redirected to a central list of participating Austrian banks. After selecting your bank, you will be connected to the login of your corresponding online banking. After logging in, you make the payment as usual via online banking by signing a TAN - no further entries such as IBAN, amount or merchant are required. You will then receive an electronic order confirmation
2.4 We do not store the text of the contract.
3. PRICES AND METHODS OF PAYMENT
3.1 All prices include the applicable statutory value-added tax and are subject to a flat-rate shipping charge.
3.2 The following payment methods are generally available to you for deliveries:
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In cooperation with Klarna Bank AB (publ) , Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
- Invoice: The payment period is 14 days from the dispatch of the goods or, in the case of other services, the provision of the service. The complete invoice terms for the countries in which this payment method is available can be found here: Germany , Austria , Switzerland .
- Installment purchase: With the Klarna financing service, you can pay for your purchase in fixed or flexible monthly installments under the conditions specified in the checkout. The installment payment is due at the end of each month after Klarna sends you a monthly invoice. For more information on the payment by instalments service, including the general terms and conditions and the European standard information for consumer credit for the countries where this payment method is available, please click here (only available in the countries indicated): Germany , Austria .
- Sofortüberweisung: Available in Germany and Austria. Your account will be debited immediately after placing the order.
The use of the payment methods invoice, installment purchase and direct debit requires a positive credit assessment. In this respect, we forward your data to Klarna for the purpose of the address and credit check as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be foundhere . General information about Klarna can be found at here . Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and as specified in Klarna's data protection regulations .
- Credit card
- Paypal
- eps transfer
3.3 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
4. DELIVERY AND SHIPPING CONDITIONS
4.1 The delivery of the products will be made by mail order and to the delivery address provided by you.
4.2 You will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) for the individual products on a separate information page "Shipping costs & delivery times" or in the context of the respective product description.
4.3 Any customs duties or local taxes must be paid by you.
5. RESERVATION OF OWNERSHIP
The product delivered to you remains our property until full payment.
6. NO SALE TO COMMERCIAL CUSTOMERS
6.1 The goods offered in the shop are only sold to consumers. The commercial resale of the products is not permitted without our express consent.
6.2 We have the right to withdraw from the purchase contract if a customer buys products from us contrary to the prohibition mentioned in paragraph 1 in order to resell them or has already resold the products.
6.3 We reserve the right to assert claims for damages due to the unauthorized resale of our products.
7. WARRANTY
7.1 In the event of defects in the delivered object of purchase, you shall be entitled to the statutory rights within the framework of the warranty/liability for defects detached from any warranty.
7.2 Insofar as guarantees are advertised, the details result from the guarantee conditions, which are made available in text form before the order is concluded.
8. COPYRIGHT AND IMAGE RIGHTS
All copyrights and image rights displayed on the website are ours or we are entitled to use them. Use without our express consent is not permitted.
9. NOTE ON ALTERNATIVE DISPUTE RESOLUTION
The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link http://ec.europa.eu/consumers/odr/ .
In accordance with § 36 para. 1 and 2 of the Consumer Dispute Settlement Act, we would also like to point out that we are neither prepared nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
10. FINAL PROVISIONS, CHOICE OF LAW
10.1 German law shall apply to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10.2 Should individual provisions be wholly or partially invalid or unenforceable, or should they later lose their legal validity or enforceability, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provisions shall be replaced by the statutory provisions.
