Terms and conditions online shop - general terms and conditions (online shop)
§ 1 Scope and Provider
These general terms and conditions apply to all orders that you place in the Bernhard Pickl - Trainingsbuddy shop
Managing Director: Bernhard Pickl,
GISA number: 33173849
Phone: +43 6607068740
(2) Our deliveries, services and offers are based exclusively on these general terms and conditions. The general terms and conditions also apply to the company for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our general terms and conditions, is already contradicted.
(3) The contract language is exclusively German
(4) You can call up and print out the currently valid general terms and conditions on the website www.trainingsbuddy.com.
§ 2 conclusion of contract
The presentation of goods in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a binding request to order goods in the online shop.
By clicking the button “Order now with obligation to pay” you are submitting a binding offer to conclude a purchase contract
After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of an offer to buy. A contract is not yet concluded with the confirmation of receipt.
A purchase contract for the goods is only concluded when we expressly declare our acceptance of the purchase offer or when the goods are sent to you without a prior express declaration of acceptance.
§ 3 prices
The prices stated on the product pages include the statutory sales tax and other price components and do not include the respective shipping costs.
§ 4 terms of payment; Default
Payment can be made either:
- credit or debit card
-SEPA direct debit
(2) If you choose to pay by credit or debit card, the purchase price will be reserved on your credit card at the time of ordering (“authorization”). Your credit card account is actually charged at the time we send the goods to you.
(3) For payments via PayPal, the purchase price will be debited from the specified PayPal account at the time of the order.
(4) When paying by means of the SEPA direct debit procedure (SEPA core direct debit), the buyer authorizes us by transmitting the bank details to collect the invoice amount from the specified bank account. When paying by SEPA direct debit, you may have to bear the costs that arise as a result of a reversal of a payment campaign due to insufficient funds in your account or due to incorrectly transmitted bank account details.
(5) If you fall into arrears with the payment, you are obliged to pay the statutory default interest in the amount of 4 percentage points above the base rate. For every reminder sent to you after the default has occurred, you will be charged at least a reminder fee of 5 euros, unless you can prove lower damage.
§ 5 right of retention
You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 delivery; Retention of title
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
The goods remain our property until the purchase price has been paid in full.
If you are an entrepreneur, the following also applies:
We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or security transfer is not permitted prior to the transfer of ownership of the reserved goods.
You can resell the goods in the ordinary course of business, unless they are digital goods. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale. We accept the assignment, but you are authorized to collect the claims. If you fail to properly meet your approval obligations, we reserve the right to collect claims ourselves.
If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
We undertake to release the securities to which we are entitled on request insofar as the realizable value of uncertain securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 7 cancellation policy
In the event that you are a consumer, i.e. you make the purchase for purposes that are predominantly neither commercial nor your independent professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
To exercise your right of withdrawal, you must contact us
Company: Bernhard Pickl - training buddy
Address: Lehen 23, 3292 Gaming
by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of withdrawal
If you withdraw from this contract, we will give you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a delivery other than the cheaper standard delivery offered by us), repay immediately and at the latest within 14 days from the day on which we received notification of the cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
End of revocation
The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name, in the case of delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.
Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use protective packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit in order to avoid claims for damages due to damage caused by inadequate packaging.
Please call us on +43 660 7068740 before returning the goods to announce the return. In this way you enable us to assign the products as quickly as possible.
Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 transport damage
If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.
Failure to file a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
§ 9 Warranty
Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of sales law.
If you are a consumer, the limitation period for warranty claims for used items - in deviation from the statutory provisions - is one year. This limitation does not apply to claims due to damage resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on which the contractual partner can regularly rely (cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agent.
In addition, the statutory provisions apply to the warranty:
If you are an entrepreneur, the statutory provisions apply with the following modifications:
-Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
-You are obliged to examine the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.
In the event of defects, we guarantee, at our option, either repair or replacement (subsequent performance). In the event of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided the shipment does not correspond to the intended use of the goods.
If the supplementary performance fails twice, you can either request a reduction in price or withdraw from the contract.
The warranty period is one year from date of delivery.
§ 10 liability
Unlimited liability: We have unlimited liability for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, limb and health of people.
In addition, the following limited liability applies: In the event of slight negligence, we only have in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract and on whose compliance you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable when the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies to our vicarious agents.
§ 11 final provisions
Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
Only Austrian law is applicable to contracts between us and you, excluding the provisions or the United Nations Convention in Contacts for the International Sale of Woods (CISG, "UN Sales Convention").
If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you is: Bernhard Pickl.