General terms and conditions of Sport-Ski Willy OG, FN 303441 m
1. CONTRACTING PARTIES
1.1. The contractual relationship arises between Sport-Ski Willy OG (hereinafter also referred to as “Ski Willy” for short) and the person who purchases goods from the Ski Willy webshop or uses other services from Ski Willy (for short: “Customer”).
2. SCOPE OF APPLICATION
2.1. For the business relationship between “Ski Willy” as a seller of goods or as a provider of other services and the customer, the following general terms and conditions apply exclusively from October 21, 2016, regardless of the means of communication used.
2.2. The customer recognizes the exclusive validity of the terms and conditions of "Ski Willy" for the entire business relationship. Deviating provisions in customer terms and conditions will not be recognized unless the management of "Ski Willy" expressly agrees to their validity in writing. If the customer enters into a business relationship with "Ski Willy" by using the website, he accepts the terms and conditions as the basis for the entire business relationship between the customer and "Ski Willy". The terms and conditions of "Ski Willy" are also the basis for all future contracts between "Ski Willy" and the customer, without reference being made to them in detail.
3.1. Webshop: Ski Willy's Internet platform on which the relevant information on the available goods and services as well as the company can be called up, and via which the (partial) processing of the business relationship takes place.
3.2. Consumer: Customer for whom the business relationship with Ski Willy is not part of the operation of his company (§ 1 Paragraph 1 Z 2 KSchG). 3.3. Workshop: Group events hosted by Ski Willy.
3.4. Other services: Services provided by Ski Willy that do not consist of the sale of goods (e.g. mediation of mountain guides, sale of event tickets, etc.).
4. CONCLUSION OF CONTRACT AND WITHDRAWAL
4.1. The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalog. By clicking the button “Buy” / “Order with obligation to pay” the customer places a binding order for the goods in the shopping cart. The confirmation of the receipt of your order takes place together with the acceptance of the order immediately after sending it by automated e-mail. The automated e-mail does not yet constitute an acceptance of the contract. The contract is only accepted when "Ski Willy" sends the customer an e -Mail sends with which the dispatch of the goods or the order is confirmed. The purchase contract is only concluded with this e-mail confirmation.
4.2. Ski-Willy saves the contract text (this contains the specific order data) and sends you the order data by email. The terms and conditions can be viewed at any time here. The customer can view past orders in the customer account.
4.3. Spelling, printing and calculation errors on the homepage are not at the expense of "Ski Willy". In such a case, “Ski Willy” is entitled to withdraw from the contract.
4.4 If the offer cannot be accepted or if products in the order are no longer available, the customer will be informed of this without delay.
4.5. All offers are valid while stocks last. If Ski-Willy's supplier fails to deliver the ordered goods to us despite a contractual obligation, we are also entitled to withdraw from the contract. In this case, the customer will be informed immediately that the ordered product is not available. The purchase price already paid will be refunded within 14 working days (whereby Saturday does not count as a working day) or, if requested, offset against other goods. “Ski Willy” can refuse the repayment until it has received the goods back or until the customer has provided us with evidence that the goods have been returned, whichever is earlier.
5 RIGHT OF WITHDRAWAL / NOTICE OF CANCELLATION
5.1 Consumers can withdraw from contracts that are concluded via the Ski Willy webshop within 14 calendar days - without giving reasons. In order to meet the deadline, it is sufficient if the corresponding declaration is sent within the above-mentioned period or the goods are returned. The date of the postmark or another proof that has the same evidential value applies.
5.2. When purchasing goods, the 14-day period begins when the goods are received by the customer or on the day on which the customer has the first opportunity to collect the goods from the carrier (e.g. post office, parcel service).
5.3. In the case of contracts for other (service) services (e.g. workshop, admission tickets, etc.) concluded via the web shop, the period begins on the day the contract is concluded (acceptance by Ski Willy, see point 4.).
5.4. The right of withdrawal does not exist: - for services that are agreed to begin with the customer within seven working days (e.g. workshops, concerts, other events, etc.). - for goods that have been manufactured or modified at the customer's request 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. - Goods that are not suitable for return due to their nature. - for deliveries of audio or video recordings or software, if the customer has damaged or opened the seal. - for (individual) deliveries of newspapers, magazines or magazines.
5.5. In the event of withdrawal, a full or partial refund of the purchase price will only take place step by step against the return of the goods received from the customer.
5.6. This information applies to the right of withdrawal of Austrian customers. For customers based in Germany see point 19.
6.1. In principle, the purchase price for the goods ordered is deemed to be agreed, which results from the price lists in the Ski Willy web shop or is listed for the individual products / services. If there are typing, printing or calculation errors, point 4.3 applies.
6.2. All prices are in euros and are current prices including the applicable statutory sales tax, but excluding any shipping costs, customs duties, etc.
6.3. The current shipping costs
are shown in the Ski Willy webshop.
6.4. Ski Willy reserves the right to increase the purchase price in the case of purchase contracts with an expressly agreed delivery time of more than three months in accordance with the cost increases that have occurred (e.g. due to tax increases, exchange rate fluctuations or material price increases). If the increase is more than 5% of the agreed price, the customer has the right to withdraw from the goods that are affected by this price increase.
6.5 The prices for participation in workshops are given for the individual courses and - unless expressly stated otherwise - do not include material, food and accommodation.
6.6. If made available by the organizer, tickets will be sold via the web shop at a reduced advance booking price.
6.7. This information applies to the right of withdrawal of Austrian customers.
7.1. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer.
7.2. Delivery is made by standard (post), DPD or GLS. The individual delivery conditions and delivery costs can be found in the corresponding detailed information on the information page under delivery and shipping costs
7.3. If delivery to the customer is not possible because the customer cannot be found at the delivery address provided, although the delivery time has been announced to the customer with a reasonable period of time or the delivery address has not been specified correctly, the customer bears the costs for the unsuccessful delivery.
7.4. Delivery takes place ex warehouse, which is also the place of delivery. With the handover to the customer, the risk passes to the customer.
7.5. Ski-Willy is not responsible for delivery and service delays due to force majeure. Events of force majeure entitle Ski-Willy to postpone the delivery for the duration of the hindrance and an appropriate start-up time or to withdraw from the contract in whole or in part due to the not yet fulfilled part of the contract. Strikes, natural disasters, war, blockade, export and import bans and other sovereign interventions are equivalent to force majeure, regardless of whether they occur at Ski-Willy or a supplier of Ski-Willy.
7.6. Ski-Willy must notify the customer immediately of the occurrence of an event of force majeure that will hinder an upcoming delivery.
7.7. Deliveries are made worldwide (a detailed list of the countries in which Ski-Willy delivers can be found on delivery and shipping costs
), although for certain countries outside Europe special safety checks must be initiated before the delivery can be carried out. This will then be clarified with the customer in advance.
8. PAYMENT, DUE DATE, DEFAULT
8.1. Ski Willy accepts the following types of payment
: You can choose to pay by: - EU standard bank transfer: with the order confirmation you will also receive our account details to settle the invoice. - Payment against invoice: Ski Willy reserves the right to discontinue this option at any time or to only accept orders from the customer against another payment method. - PayPal: Shop and pay conveniently by storing your personal payment information with PayPal. - via Qenta / Qpay: credit cards (Visa, Mastercard), Maestro, instant transfer - Payment is made via the SSL server at www.payunity.com.
8.2. The purchase price is due immediately with the order.
8.3. The credit card account is charged when the order is completed.
8.4. The current payment modalities and the current security standards are available on the Ski Willy homepage.
8.5. In the event of default in even part of the purchase price, default interest of 10% above the base rate published by the ECB is payable. Interest on arrears in the amount of 5% above the base rate published by the ECB is agreed for consumers.
8.6. The right to assert default damages in excess of the interest remains reserved.
8.7. Ski Willy is entitled to reimbursement for certain ancillary services, such as to demand the reminders issued by it, resubmission of invoices or the reminder and collection expenses necessary for appropriate legal prosecution in the amount resulting from the applicable regulation of the permissible fees for collection agencies and, in the case of a lawyer, the applicable lawyer tariff law. These can also be billed at a flat rate. The latter applies to consumers if the necessary and appropriate collection / collection costs are proven.
9. OBJECTIONS TO INVOICES
9.1. Objections to the amount invoiced by Ski Willy must be made in writing by the customer within 14 days of receipt. If there is no objection within this period, the amount stated in the invoice is considered approved.
10. PROHIBITION OF SET-OFF
10.1. The customer is only entitled to offset if his counterclaims have been legally established or have been recognized by Ski-Willy. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
11. RESERVATION OF TITLE
11.1. All deliveries and services from Ski-Willy are subject to retention of title. The delivered goods remain the property of Ski Willy until all claims against the customer have been settled in full.
12. WARRANTY & LIABILITY
12.1. The warranty is based on the respective statutory warranty regulations. In the case of obvious defects, the customer must refuse acceptance or notify Ski Willy immediately.
12.2. Any assignment of warranty rights by the customer to third parties is excluded.
12.3. Claims against Ski Willy from a manufacturer's guarantee that goes beyond warranty claims are excluded, as far as legally permissible. The customer is only entitled to claims from a manufacturer's guarantee against the manufacturer who promised the guarantee.
12.4. The warranty does not cover normal wear and tear or wear and tear through use.
12.5. Ski Willy assumes no liability for the correctness of form or content of information and descriptions of the purchased items (e.g. advertising by the producer or importer).
12.6. If there is a defect in the purchased item for which Ski Willy is responsible, Ski Willy is entitled, at its own discretion, to either remedy the defect or deliver a replacement. If Ski Willy is not ready or unable to remedy the defect / replacement delivery or if this is delayed beyond a reasonable period for reasons for which Ski Willy is responsible, or if the removal of defects / replacement delivery fails in any other way, the customer is entitled to choose to withdraw from the contract or to demand a corresponding reduction in the purchase price.
12.7. If a warranty case arises for a product purchased in the online shop, the customer can return the goods to the contact address provided. If it turns out that there is no defect subject to warranty, Ski Willy will charge the customer for the costs incurred.
12.8 Further claims of the customer against Ski Willy than those in point 10.1. - 10.7. Regulated warranty claims, in particular claims for damages, are excluded to the extent permitted by law. Ski Willy is therefore not liable for damage that did not occur directly on the delivery item itself and, in particular, not for lost profit or other financial losses of the customer. As far as the liability of Ski Wily is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
12.9. In particular, Ski Willy is not liable for damage caused by material brought and used by the customer (workshops).
12.10. For consumers, an exclusion of liability applies only to property damage and only in the case of slightly negligent causes by Ski Willy or its vicarious agents. Such claims are limited in amount to the value of the goods delivered or the price of the other service.
12.11 Ski Willy assumes no liability for technical malfunctions in the operation of their web shop. It also reserves the right to discontinue operations at any time; However, this is without prejudice to the proper processing of contracts that have already been concluded.
12.12. Ski Willy is not liable for damage caused by the improper use of credit card details when paying via www.payunity.com.
13. LINKS AND REFERENCES
The links to external sites used by Ski Willy are only indicative of these sites. They are therefore displayed in separate browser windows using external links. Ski Willy does not identify with the content of the linked pages and accepts no liability for them.
14. INFORMATION OBLIGATIONS
The customer is obliged to provide truthful information when ordering. If the customer's data change, in particular their name, address, email address, telephone number, the customer is obliged to notify Ski Willy of this change immediately by changing the information. If the customer fails to provide this information or if he gives incorrect data from the outset, in particular a wrong e-mail address, Ski Willy can withdraw from the contract if a contract has been concluded.
15. APPLICABLE LAW AND JURISDICTION
15.1. Austrian law applies.
15.2. For all legal transactions between Ski Willy and the customer and unless there are any compelling statutory provisions to the contrary, Austrian law excluding its reference standards and the UN sales law and the non-mandatory provisions of the IPRG and the EVÜ shall apply.
15.3. For consumers i.S.d. Art. 5 EVÜ their national mandatory consumer protection regulations apply, unless the respective Austrian regulations are more favorable for the consumer.
15.4. If the customer does not have a general place of jurisdiction in Germany, has relocated his place of residence or habitual abode abroad after conclusion of the contract, or if his place of residence or habitual abode is unknown at the time the action is brought, then Schladming is the exclusive place of jurisdiction for all disputes resulting directly or indirectly from the contractual relationship.
15.5. If the customer has his domicile or his habitual residence in Germany or if he is employed in Germany, only the jurisdiction of the court can be established for an action against him according to §§ 88, 89, 93 Paragraph 2 and 104 Paragraph 1 JN in whose district the place of residence, habitual abode or place of employment is. This does not apply to legal disputes that have already arisen. For any legal disputes arising from the contract, the mandatory consumer law provisions at the customer's place of residence are also applicable to the contractual relationship.
15.6. The place of performance is Ramsau am Dachstein.
All data collected by us are used and processed exclusively within the framework of the applicable data protection laws in accordance with our data protection regulations.
17. THIRD PARTY RIGHTS (COPYRIGHT)
17.1. The customer acknowledges that third party rights, in particular copyrights and other intellectual property rights, may exist on the object of purchase. He undertakes to use the object of purchase only within the framework of what is contractually and / or legally permitted.
17.2. The above point applies accordingly to the rights of Ski Willy to its homepage and its content such as texts, graphics, logos, brands, titles, programs, price compilations, databases and other services.
18. OTHER PROVISIONS
18.1. Legal declarations of intent and other legally relevant declarations must be made in writing (also electronically, e.g. by email) to the last known or announced address. Proof of access (e.g. arrival of the electronic message on the incoming mail server) is made by the declaring party.
18.2. Until the contractual relationship has been fully processed, the customer must inform Ski Willy of any changes to his personal data. Otherwise, declarations from Ski Willy are deemed to have been received if they have been sent to the last known address (e-mail address).
18.3. All inquiries, information, etc. in connection with Ski Willy should be sent to the e-mail address firstname.lastname@example.org.
18.4. Ski Willy recognizes the Internet Ombudsman, Margaretenstr. 70/2/10, 1050 Vienna, (www.ombudsmann.at) as an out-of-court dispute settlement.
18.5. Contract, order and business language is German.
18.6. Severability clause: Should one or more provisions of these terms and conditions be or become ineffective or void, this does not result in the ineffectiveness or nullity of the entire terms and conditions, but the ineffective or void provision is to be replaced by a regulation that reflects the economic content of the affected Determination comes closest.
18.7. Sales in non-EU countries: If the delivery address is a non-EU country, Ski-Willy.com automatically shows net prices in the online shop! Ski-Willy is not responsible to pay the tax to be paid in the respective non-EU country, nor to pay the due customs fees. These costs are always borne by the buyer! Ski-Willy cannot reimburse VAT in the event of a subsequent export!
19. RIGHT OF WITHDRAWAL FOR CONSUMERS UNDER GERMAN LAW
19.1. For contracts between Ski Willy and customers to which the mandatory distance selling consumer protection provisions of German law apply, the "cancellation rules according to German consumer protection law" (cancellation policy for consumers based in Germany) apply.
SPORT-SKI WILLY OG
Phone: +43 (0) 3687 / 81000
Wieser Willi Jr. and Wieser Walter
UID No.: ATU64926389
Information obligation according to ECG: Wirtschaftskammer
Commercial register number: 303441m
Company court: Regional court Leoben
Authority according to ECG (E-Commerce Law): District administration Liezen