9 Right of withdrawal for consumer transactions
9.1 If the customer is a consumer within the meaning of § 1 para. 1 no. 2 KSchG, he has the right to withdraw from the contract within fourteen days without giving a reason.
9.2 The period of revocation shall be fourteen days from the date on which the customer or a third party named by him, who is not the carrier, has taken possession of the goods. In the case of purchase contracts in which the delivery of a product is made in several partial shipments or pieces, the fourteen-day cancellation period starts from the day on which the customer or a third party named by him, who is not the carrier, the last partial shipment or the last piece in possession took.
9.3 To exercise the right of withdrawal, the customer GT (Golf Tech Golfartikelvertriebs GmbH, Carlbergergasse 66, A-1230 Vienna) by means of a clear statement (eg a letter sent by mail, fax or e-mail) about his decision to withdraw from this contract , The customer may use the attached model withdrawal form (Annex A), but this is not mandatory.
To maintain the cancellation period, it is sufficient that the customer sends the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
9.4 Excluded from this right of withdrawal are goods that are manufactured according to the customer’s specification or are clearly tailored to his personal needs (§ 18 para 1 no. 3 FAGG).
9.5 Consequences of the revocation:
If Customer withdraws from this Agreement, GT shall notify Customer of all payments received from Customer, including delivery charges (except for the additional costs arising from Customer providing a different type of delivery than those offered by GT). the most favorable standard delivery), immediately and at the latest within fourteen days from the day on which the notice of withdrawal of this contract has been received by GT. For this repayment, GT will use the same means of payment used by the customer in the original transaction, unless otherwise expressly agreed with the customer. In no case will the customer be charged for this repayment fees. GT may refuse to repay it until it has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.
The customer must return or hand over the goods to Golf Tech GolfartikelvertriebsGmbH, Carlbergergasse 66, A-1230 Vienna without delay and in any event not later than fourteen days from the day on which GT informs GT of the cancellation of the contract. The deadline is met if the customer sends the goods before the expiration of the period of fourteen days.
The customer bears the direct costs of the return of the goods, if the delivered commodity corresponds to the ordered and the price of the returned goods does not exceed an amount of € 40,00 inclusive of VAT or if at a higher price of the commodity at the time of the revocation of the Customer has not yet provided the consideration or a contractually agreed partial payment.
The customer must pay for any loss of value of the goods only if this loss of value is due to a non-necessary for checking the nature, characteristics and functioning of the goods dealing with him.
10 transfer of risk
10.1 The risk passes to the customer when the goods are handed over to the carrier.
10.2 If the customer is a consumer within the meaning of §1 (1) (2) KSchG, the risk generally only passes to the customer upon handover of the goods, unless the customer himself has concluded the contract of carriage without using a selection option proposed by GT. In this case, the risk passes to the first carrier when the goods are handed over.
11 Retention of title
The goods delivered to the customer shall remain the sole property of GT until full payment of the claim due to the purchase contract due by the customer
12 Warranty and damages
12.1 The delivered product may differ slightly from the illustrations and specifications in terms of shape, color and size. This does not mean that the product does not meet the contractually agreed properties. Therefore, there is no claim of the customer for warranty or compensation.
12.2. The customer must observe the information contained in the product descriptions and operating instructions regarding properties and use. GT is not liable for damages resulting from non-observance of these instructions.
12.3 The statutory warranty provisions apply.
12.4 GT shall be liable only for intent and gross negligence on the title of the damage compensation for the property damage caused by him or her under the Act. In case of personal injury GT is also liable for slight negligence.
12.5 GT shall not be liable for loss of profit, damage caused by delay, pecuniary loss, consequential damage or damage arising from claims of third parties against the customer, unless otherwise stipulated by mandatory statutory provisions.
12.6 To the extent that it does not contradict compulsory legal provisions, GT shall only be liable up to the amount of the fee payable for the order.
12.7 If the production / delivery is made by circumstances independent of party will, e.g. Force majeure, unforeseeable disruption, official intervention or labor disputes delayed, this is to be considered in the assessment of whether the delivery was timely.
12.8 The provisions of the Product Liability Act remain unaffected.
14 customer support
If you have any questions, please contact customer support at [email protected] or call +43 1 867 43 33.
15 Out-of-court appeals and redress procedure
The European Commission provides an online dispute resolution (OS) platform, which the customer can find at http://ec.europa.eu/consumers/odr. GT is not obliged and unwilling to participate in an alternative dispute resolution procedure before a consumer arbitration board.
16 Applicable law and jurisdiction
16.1 Orders and contracts based on these Terms and Conditions shall be governed exclusively by Austrian law excluding the UN Sales Convention and conflict of laws provisions.
16.2 In the case of actions against consumers who are domiciled, ordinarily resident or domesticated, the court of jurisdiction is the domicile, habitual residence or place of employment of the consumer.
16.3 For all disputes between entrepreneurs from and in connection with a contract concluded on the basis of these Terms and Conditions, the court of competent jurisdiction for 1010 Vienna shall be the exclusive place of jurisdiction.
17 Final provision
Should individual clauses of these GTC be completely or partially ineffective, this does not affect the validity of the remaining clauses or the remaining parts of the GTC. An ineffective regulation is replaced by such a regulation, which comes closest to the economic purpose of the ineffective regulation and is effective.
Pattern revocation form
for consumer shops via the online shop
If you want to cancel the contract, please fill out this form and send it back to Golf Tech GolfartikelvertriebsGmbH:
Golf Tech GolfartikelvertriebsGmbH
– I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*)
– Ordered on (*) / received on (*)
– name of the consumer (s)
– address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate