Terms and Conditions

General Terms and Conditions

§ 1 Conclusion of Contract – Scope

The business relationship between the owner of www.kitzsport.at, Kitzsport GmbH, FN 467573 h with its registered office in Jochberger Straße 7, 6370 Kitzbühel, Austria (hereinafter referred to as: Kitzsport) and the customer (customer) in connection with the sale of sporting goods shall be governed by the following general terms and conditions (GTC) in the version valid at the time of the respective conclusion of the contract: The GTC apply both to consumers and to companies, unless a distinction is made in the respective clause. The GTC apply exclusively. Kitzsport does not recognise any deviating conditions and hereby objects to them. If the customer is an entrepreneur with conditions that conflict with or deviate from these GTC, Kitzsport does not recognise these conditions and hereby objects to them, unless Kitzsport has agreed to their validity in writing.

§ 2 Business Partners

Contractual partners can be natural persons and legal entities with residence in the Republic of Austria or other countries.

§ 3 Offer – Acceptance – Conclusion of Contract

The goods offered on the website are presented in the form of digital photographs. Deviations between the presentation and reality may be technically conditioned and do not constitute a defect in the ordered goods. The essential characteristics of the products offered can be found in the online shop. Information in price lists, catalogues and internet pages is always subject to change. Changes to the information contained therein are expressly reserved.

The products displayed in the online shop do not yet constitute an offer. The customer, in turn, submits a contractual offer (order). Therefore, only the order placed electronically (via the internet), in writing or by telephone is a legally binding offer. Receipt of orders is confirmed immediately, i.e. regularly on the same working day, electronically and automatically. The confirmation of receipt itself does not constitute acceptance. The order is accepted by e-mail or by sending it. Orders are accepted or rejected within a reasonable and customary processing and consideration period, during which stock levels and creditworthiness can be checked. In the event of a credit check, the acceptance period may not exceed two weeks. In principle, only household quantities are sold to end customers. Orders of a larger scale are only possible through individual written agreement.

§ 4 Prices – Payment Method – Default

Prices quoted are in EUR, including statutory VAT, which is indicated on the invoice, and are final prices. The prices of the respective order day apply. Delivery is made via delivery services of Kitzsport's choice. The applicable delivery and shipping costs are not included in the purchase price, they can be accessed via the "Shipping Costs" page, are shown separately during the ordering process and must be borne in addition. The shipping costs are partly dependent on the chosen payment method. For deliveries to countries outside the European Union, any applicable taxes and duties must be borne by the customer. Shipping costs, cash on delivery fees, taxes and duties are non-refundable.

Transport insurance is not taken out. Postal parcels are automatically insured up to a value of EUR 500. Only instant bank transfer or credit cards (Visa, Mastercard, Amex) are accepted as payment methods.

Sofortüberweisung" is a convenient payment method with the TÜV certificates "Tested Data Protection" and "Tested Payment System". Sofortüberweisung was developed by Payment Network AG and is already used in numerous online shops in Germany. Via the secure payment form of Payment Network AG, which is not accessible to merchants, Sofortüberweisung automatically and in real time sets up a transfer in your online banking account. The purchase amount is immediately and directly transferred to the merchant's bank account. NOTE: Please note the respective payment fees in the order process.

The customer's account/credit card will be debited upon acceptance of the order. If necessary, Kitzsport checks and evaluates the data provided by the customer and, if there is a legitimate reason, exchanges data with a credit information agency. If a customer is in default of payment, Kitzsport is entitled to demand default interest at a rate of 5% above the base interest rate pa. If Kitzsport has demonstrably incurred a higher damage caused by default, it is entitled to assert this. The customer is only entitled to offset if his counterclaims have been legally established, recognised by Kitzsport or originate from the same legal relationship.

§ 5 Delivery and Obligation to Give Notice of Defects

Information on delivery times is non-binding, unless the delivery date has been bindingly agreed in exceptional cases. If, in this case, non-compliance or delay of an agreed delivery period is due to force majeure, industrial action, fire, unforeseen obstacles or other circumstances for which Kitzsport is not responsible, the delivery period shall be extended for the duration of these events. Kitzsport is entitled to make partial deliveries if part of the ordered goods is temporarily unavailable. Additional shipping costs will be borne by Kitzsport. If the customer is in default of acceptance, Kitzsport may claim compensation for damages incurred as a result, whereby the customer reserves the right to prove a lesser damage. As long as the customer is in arrears with an obligation, Kitzsport's obligation to deliver is suspended. Kitzsport delivers to the order address specified by the customer. Delivery to PO boxes is excluded.

§ 6 Warranty for Defects

Within the scope of the following provisions, Kitzsport warrants for the duration of the statutory warranty period of two years that deliveries and services are free from defects in the warranty law sense. The customer must describe defects in the product as precisely as possible and return the product. A copy of the purchase invoice/delivery note must be enclosed with the returned goods. The defects in defective articles are primarily remedied by replacement.

The warranty does not cover defects and damages that are causally related to the fact that the customer has not complied with the regulations on repair, use and conditions of use, unless these circumstances are not causal for the claimed defect. Goods that were not purchased from Kitzsport will be returned unrepaired with a surcharge for the costs incurred as a result.

§ 7 Liability for Damages

The liability of Kitzsport for contractual breaches of duty as well as liability in tort is limited to intent and gross negligence. Insofar as liability for damages that are not based on injury to life, body or health of the customer is not excluded for slight negligence, such claims shall become statute-barred within one year beginning with the occurrence of the claim. Insofar as the liability for damages towards Kitzsport is excluded or limited, this also applies with regard to the personal liability for damages of the employees, workers, staff, representatives and vicarious agents of Kitzsport. Within the aforementioned framework, Kitzsport is not liable in particular for non-specifically product-related information and tips that are offered free of charge, as well as for hyperlinks that refer to external offers.

§ 8 Reservation of Availability

It is pointed out that the goods presented on www.kitzsport.at may no longer be available or may no longer be obtainable at the time of viewing the homepage. Kitzsport is entitled to withdraw from the contract vis-à-vis customers if it does not receive the delivery item despite the prior conclusion of a purchase contract. The customer will be informed immediately about the non-delivery and will receive any consideration already received back immediately in the event of withdrawal. In the case of entrepreneurial customers, Kitzsport is entitled to withdraw from the contract in the event of non-delivery, incorrect or late self-delivery.

§ 9 Cancellation Policy

The customer can revoke his contractual declaration within 14 calendar days without giving reasons. The period begins with receipt of the goods. To comply with the revocation period, it is sufficient to return the goods in good time or send the revocation to:

Kitzsport GmbH Jochberger Straße 7

6370 Kitzbühel

E-mail: [email protected]

Attached to these Terms and Conditions are an information sheet on exercising the right of withdrawal as well as a sample withdrawal form.

To ensure the fastest possible processing, the customer must enclose a copy of the purchase invoice/delivery note and a detailed description of the defect when returning the goods. Failure to do so has no legal consequences.

Consequences of Withdrawal

In the event of a valid withdrawal, the services received by both parties must be returned. If the goods have deteriorated, Kitzsport may claim compensation for loss of value. This does not apply if the deterioration of the goods is solely due to inspection of the goods, as would have been possible for the customer in a retail store. Otherwise, the customer can avoid an obligation to compensate for loss of value by not using the goods as an owner and refraining from anything that could reduce their value. The goods should be returned to Kitzsport in their original packaging if possible and with all packaging components. If the original packaging no longer exists, suitable packaging must be used to ensure adequate protection against transport damage. Only in the case of goods that cannot be sent by parcel (e.g. bulky goods or packages over 20 kg) is the customer entitled to declare the return by means of a request for return in text form, e.g. by letter, fax, or email.

Exclusion

The right of withdrawal does not apply to contracts:

• for products that are manufactured according to customer specifications or are clearly tailored to the customer’s personal needs;
• purchase contracts in which the purchased goods are linked to services;
• service contracts where performance has begun in accordance with the order within 7 working days after conclusion of the contract;
• purchase contracts for software if the delivered goods have been unsealed;
• warranty extensions and upgrades that have already been opened or registered.

§ 10 Voluntary Right of Exchange

Independently of the statutory right of withdrawal, Kitzsport GmbH voluntarily grants the customer the opportunity to return purchased products. All items purchased in the Kitzsport shop may be returned within 30 days of receipt without stating reasons, using the free return label, provided that the goods are complete, unused, and undamaged. Only inspection of the goods is permitted, as would normally be customary when trying on items in a retail store. Shipping costs will not be refunded when returning products.

Goods that are provided with a special hygiene sticker or hygiene seal/wrapping may only be returned if the sticker, seal, or wrapping has not been opened.

§ 11 Retention of Title

The delivered goods remain the property of Kitzsport until full payment has been made.

§ 12 Validity of Contract / Transferability

If one or more provisions of these Terms and Conditions are invalid, this shall not affect the validity of the remaining provisions. The customer may transfer rights arising from this contract only with the consent of Kitzsport.

§ 13 Applicable Law and Jurisdiction

The law of the Republic of Austria shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. In business transactions with entrepreneurs, the District Court of Kitzbühel shall be the exclusive place of jurisdiction for all disputes arising from this contractual relationship, regardless of the amount in dispute.

§ 14 Data Protection Statement

For the purpose of processing the contractual relationship, Kitzsport stores personal data electronically and passes it on to third parties only insofar as necessary for this purpose (e.g. postal services, legal advisors of Kitzsport). The customer is entitled at any time to prohibit the transfer of data. Kitzsport stores the order data and sends it to the customer by email together with these Terms and Conditions. The Terms and Conditions can be viewed at any time at www.kitzsport.at

. If the customer has created an account with Kitzsport, the order data can be viewed in the customer login area. Upon complete fulfillment of the contract and full payment of the purchase price, personal data will be blocked from further use and deleted after the expiration of statutory tax and commercial retention periods, unless the customer has expressly consented to further use of the data. When registering for the newsletter, the customer’s email address will be used for Kitzsport’s own advertising purposes until the customer unsubscribes from the newsletter. Unsubscribing is possible at any time. Cookies or active content are used via the website www.kitzsport.at

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Appendix – Information on Exercising the Right of Withdrawal

Sample Withdrawal Instruction

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day [1].

To exercise your right of withdrawal, you must inform us [2] of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax, or email). You may use the attached sample withdrawal form for this purpose, but this is not mandatory [3].

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. [4]

[5]

[6]

Design Notes:

[1] Insert one of the following text modules in quotation marks:

• In the case of a service contract or a contract for the supply of water, gas, or electricity not offered for sale in a limited volume or set quantity, district heating, or digital content not supplied on a tangible medium: “the conclusion of the contract.”

1. In the case of a purchase contract: “the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.”
2. In the case of a contract for multiple goods ordered by the consumer as part of a single order and delivered separately: “the day on which you or a third party designated by you, who is not the carrier, took possession of the last good.”
3. In the case of a contract for delivery of goods in several partial shipments or pieces: “the day on which you or a third party designated by you, who is not the carrier, took possession of the last partial shipment or the last piece.”
4. In the case of a contract for regular delivery of goods over a defined period: “the day on which you or a third party designated by you, who is not the carrier, took possession of the first good.”

[2] Insert your name, address, and, where available, telephone number, fax number, and email address.

[3] If you give the consumer the option to electronically complete and submit the withdrawal information on your website, insert the following:

“You may also complete and submit the sample withdrawal form or another clear statement electronically on our website [insert internet address]. If you make use of this option, we will immediately send you confirmation of receipt of such a withdrawal (e.g. by email).”

[4] In the case of purchase contracts where you have not offered to collect the goods yourself in the event of withdrawal, insert the following:

“We may withhold reimbursement until we have received the goods back or you have provided evidence that you have returned the goods, whichever occurs earlier.”

[5] If the consumer has received goods in connection with the contract:

Insert one of the following:

• “We will collect the goods.” or
• “You must return or hand over the goods to … us or to [insert name and address of the person authorized to receive the goods, if applicable] without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.”

a. Insert one of the following:

• “We bear the cost of returning the goods.”
• “You bear the direct cost of returning the goods.”
• If, in the case of a distance contract, you do not offer to bear the cost of returning the goods and the goods cannot normally be returned by post due to their nature:
• “You bear the direct cost of returning the goods amounting to EUR … [insert amount].” or
• “You bear the direct cost of returning the goods. The costs are estimated at a maximum of approximately EUR … [insert amount].”
• If the goods, due to their nature, cannot normally be returned by post and were delivered to the consumer’s home at the time of contract conclusion in the case of an off-premises contract:
• “We will collect the goods at our expense.”

b. Insert:

“You are only required to compensate for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary to check their nature, characteristics, and functioning.”

[6] In the case of a contract for the provision of services or the supply of water, gas, or electricity not offered for sale in a limited volume or set quantity, or district heating, insert the following:

“If you have requested that the services or the supply of water/gas/electricity/district heating [delete as applicable] begin during the withdrawal period, you shall pay us an appropriate amount corresponding to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal with respect to this contract, in comparison with the total scope of services provided for in the contract