ONLINE SHOP at http://bigmaxgolf.com/

Valid from 16. March 2018

1 General

These general terms and conditions (in the following: GTC) of Golf Tech GolfartikelvertriebsGmbH (in the following also "GT.") are valid for the order of goods, which are made via the online store of GT on the website http://bigmaxgolf.com/ by the customer. The validity of the customer's general terms and conditions of business and delivery is expressly excluded.

We would like to offer you only complete, correct and current information on our web pages. However, errors and mistakes cannot be excluded. All information is therefore without guarantee. All rights, misprints, errors and changes reserved.

2 Conclusion of contract

2.1 The customer's order constitutes an offer to GT to conclude a contract. The receipt of the customer's order will be confirmed by GT without delay. This confirmation does not constitute an acceptance of the contract by GT, but merely an acknowledgement of receipt for the information of the customer. The contract is only concluded by GT's acceptance of the order or by the actual execution of the delivery. GT is expressly not obliged to accept incoming orders (contract offers). If GT rejects an incoming contract offer, it shall inform the customer of this in writing (e.g. by e-mail) without giving any reasons.

2.2 GT will provide the customer with a confirmation of the concluded contract including all pre-contractual information according to § 4 FAGG on a durable data carrier (paper, email) within a reasonable period of time after the conclusion of the contract, but at the latest with the delivery of the goods.

2.3 The contract shall be concluded in German and English.

3 Scope of services and product information

The online store offers golf equipment and accessories. The current total range of goods that can be purchased in the online store, the main features of the goods and the total price including all shipping and ancillary costs can be viewed in the online store on the website http://bigmaxgolf.com/.

4 Charges

4.1 All prices are gross prices in Euro, including all duties, taxes and packaging costs. If shipping costs are to be paid additionally (see point 4.2), these will be shown separately before the conclusion of the purchase contract.

4.2 Shipping & Return Shipping

For orders to Austria and Germany, shipping is free if the order value is 49€ or more. If the order value is less than this, shipping costs of 4.90€ will be charged.

For EU Class A (Belgium, Bulgaria, Croatia, Czech Republic, Denmark, France, Hungary, Italy, Luxembourg, Netherlands, Poland, Romania, Slovakia, Slovenia and Vatican City) shipping is free if the order value is 199€ or more. For a lower order value the shipping costs are 14,90€.

For EU Class B (Andorra, Estonia, Finland, Ireland, Latvia, Lithuania, Spain and Sweden) shipping is free of charge from an order value of 299€. For a lower order value the shipping costs are 24,90€.

For EU Class C (Greece) shipping costs are 49€, regardless of the order value.

Please note that the organization and execution of the return shipment in case of return or exchange is the responsibility of the customer. The goods must be packed securely and appropriately to avoid damage in transit. It is recommended to choose a shipping service provider with tracking to ensure a smooth process. No liability will be accepted for loss or damage during return shipping.

Please note that the costs for return shipping in the event of a return or exchange are to be borne by the customer. This includes all charges incurred for packaging and shipping. It is the customer's responsibility to find out the exact costs and conditions of the chosen shipping service provider before shipping.

4.3 The prices are valid until revoked.

5 Packing

Packaging shall be provided at GT's expense in a manner customary in the trade in order to prevent damage to the goods during transport to the specified destination under normal transport conditions. The packaging will not be taken back.

6 Delivery and shipment

6.1 Delivery of the goods to the customer shall be made after receipt of payment by GT.

6.2 The place of performance for the delivery of goods is the respective shipping point.

6.3 Shipment will only be made to customers with residence / registered office within Europe. Delivery to European islands is unfortunately not possible.

6.4 The delivery of the goods is carried out by the parcel service DPD for parcelable articles.

6.5 Furthermore, the delivery of the goods is generally made within the period specified to the customer online, but within 30 days after conclusion of the contract. A withdrawal from the contract by the customer due to delay is only permissible after the expiration of these 30 days.

6.6 If an ordered product is permanently not available, GT reserves the right to withdraw from the concluded contract.

6.7 GT reserves the right to make partial deliveries, provided that this is reasonable for the customer and necessary for speedy processing.

7 Terms of payment

7.1 Payment can be made by credit card, PayPal or instant bank transfer. In any case, the customer must ensure sufficient coverage of the selected means of payment.

7.2 The purchase price is due immediately upon placing the order.

7.3 The customer agrees to the sending of the invoice electronically.

7.4 In the event of default in payment, the customer shall be obliged - subject to the assertion of further damage caused by default by GT - to pay bank charges, statutory interest on arrears and collection and recovery costs, insofar as these costs are necessary for the appropriate collection or recovery of the claim.

7.5 The customer is not entitled to set off his claims against claims of GT. This prohibition of set-off does not apply to consumers as defined in § 1 Para. 1 No. 2 KSchG in the event of GT's insolvency or to counterclaims which are legally connected with the customer's liability and which have been established by a court or acknowledged by GT.

7.6 Any transfer and bank charges incurred as well as any roaming charges shall be borne by the customer.

8 Obligations of the customer

8.1 The customer is obliged to check the delivered goods immediately for obvious transport damage and to notify the deliverer of this on the occasion of acceptance.

8.2 The customer who provides contact details and other data in connection with the order confirms that these data are correct, complete and up-to-date. The customer is obliged to notify GT of any errors in the payment information and to correct them immediately.



9 Right of withdrawal for consumer transactions

9.1 If the customer is a consumer as defined by § 1 para 1 line 2 KSchG, he has the right to revoke the contract within fourteen days without giving any reasons.

9.2 The revocation period shall be fourteen days from the day 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 goods is made in several partial consignments or pieces, the fourteen-day revocation period shall commence on the day on which the customer or a third party named by him who is not the carrier has taken possession of the last partial consignment or the last piece.

9.3 In order to exercise the right of withdrawal, the customer must inform GT (Golf Tech GolfartikelvertriebsGmbH, Carlbergergasse 66, A-1230 Vienna) by means of a clear declaration (e.g. a letter sent by post, fax or email) of his decision to withdraw from this contract. For this purpose, the customer may use the attached model revocation form (Appendix A), which, however, is not mandatory.

In order to comply with the withdrawal period, it is sufficient that the customer sends the notification 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 made to the customer's specification or clearly tailored to his personal needs (§ 18 para 1 Z3 FAGG).

9.5 Consequences of withdrawal:

If the customer revokes this contract, GT shall repay to the customer all payments it has received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the cheapest standard delivery offered by GT), without undue delay and at the latest within fourteen days from the day on which GT has received the notification of the revocation of this contract. For this repayment, GT will use the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer. In no case will the customer be charged any fees because of this repayment. GT may refuse repayment until it has received the goods back or until the customer has provided proof that it has returned the goods, whichever is the earlier.

The customer shall return or hand over the goods to Golf Tech GolfartikelvertriebsGmbH, Carlbergergasse 66, A-1230 Vienna, without undue delay and in any case no later than within fourteen days from the day on which the customer notifies GT of the revocation of the contract. The deadline is met if the customer sends the goods before the expiry of the period of fourteen days.

The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

10 Transfer of risk

10.1 The risk shall pass 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 Para. 1 No. 2 of the Consumer Protection Act, the risk shall not pass until the goods have been handed over to the customer, unless the customer has concluded the contract of carriage himself without making use of a choice suggested by GT. In this case, the risk is already transferred when the goods are handed over to the first carrier.

11 Retention of title

The goods delivered to the customer remain the sole property of GT until the customer has paid in full the amount due under the contract of sale.

12 Warranty and compensation

12.1 The delivered product may deviate slightly from the illustrations and specifications in terms of shape, color and size. This does not mean that the product does not comply with the contractually agreed properties. Therefore, the customer shall have no claim to warranty or damages in this respect.

12.2 The customer shall observe the information on properties and use contained in the product descriptions and operating instructions. GT shall not be liable for any damage resulting from non-observance of these instructions.

12.3 The statutory warranty provisions shall apply.

12.4 GT shall be liable on the grounds of compensation for damage to property caused by it or by persons attributable to it on the basis of the law only in the event of intent and gross negligence. In the case of personal injury, GT shall also be liable for slight negligence.

12.5 Any further liability on the part of GT for loss of profit, damage caused by delay, pecuniary loss, consequential damage and damage arising from third party claims against the customer is excluded, unless mandatory statutory provisions to the contrary apply.

12.6 Insofar as it is not contrary to mandatory legal provisions, GT shall only be liable up to the amount of the fee to be paid for the order.

12.7 If production / delivery is delayed due to circumstances independent of the will of the parties, such as force majeure, unforeseeable operational disruption, official intervention or labor disputes, this shall be taken into account when assessing whether delivery has been made on time.

12.8 The provisions of the Product Liability Act shall remain unaffected.

13 Warranty

Golftech grants, under the condition of a complete online registration of a product and the associated consent to the processing of personal data for advertising purposes, a warranty extension for Push/Pull Trolleys to a total of 5 years from the date of purchase. Excluded from this warranty extension are all E-Trolleys and Rental Trolleys. Big Max products must be registered within 30 days of purchase to extend the warranty period. Warranty registration alone cannot be used to make a warranty claim. Proof of purchase must be presented with any claim in order to make a warranty claim. Products that have been exchanged free of charge cannot be registered again.

Golftech grants, under the condition of a complete online registration of a product and the associated consent to the processing of personal data for advertising purposes, a warranty extension for all bags to a total of 3 years from the date of purchase.
Excluded from this warranty extension are all AQUA Bags and Travelcover Bags. Big Max products must be registered within 30 days of purchase to extend the warranty period. Products that have been exchanged at no charge cannot be re-registered.

As an alternative to online registration and the associated disclosure of personal data and its use for promotional purposes, the optional warranty extension for all product groups can also be purchased. For an inquiry on a paid warranty extension please contact our Service team at office@golftech.at.

Golftech offers a 2-year limited warranty, retroactive to the date of purchase, which comes into effect in the event of damage and defects that are based on material, production or quality defects. The warranty is limited to the intended use of the product or use under regular conditions and responsible handling. Excluded from this warranty are wear parts such as wheels or brakes on trolleys, waterproof zips* and color changes due to excessive sunlight on bags, and damage due to improper handling of the product.

*Note:

BigMax I-Dry golf bags are equipped with quality waterproof zippers. Please be careful not to overfill the pockets on your BigMax i-Dry golf bag and open or close with counter pressure, as this may cause deterioration of the zipper seams. Please handle the zippers with care.

14 Customer support

If you have any questions, please contact customer support at office@golftech.at or by phone at +43 1 867 43 33.

15 Out-of-court complaint and redress procedure

The European Commission provides a platform for online dispute resolution (OS), which the customer can find at http://ec.europa.eu/consumers/odr. GT is not obliged or willing to participate in an alternative dispute resolution procedure before a consumer arbitration board.

16 Applicable law and place of jurisdiction

16.1 Orders and contracts based on these GTC shall be governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and conflict of laws provisions.

16.2 In the case of actions against consumers who have their domicile or habitual residence in Austria or are employed in Austria, the court of the consumer's domicile, habitual residence or place of employment shall have jurisdiction.

16.3 For all disputes between entrepreneurs arising from and in connection with a contract concluded on the basis of these GTC, it is agreed that the exclusive place of jurisdiction shall be the court having subject-matter jurisdiction for 1010 Vienna.

17 Final clause

Should individual clauses of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining clauses or the remaining parts of the GTC. An invalid provision shall be replaced by a provision which comes as close as possible to the economic purpose of the invalid provision and which is valid.

APPENDIX A



Sample cancellation form

for consumer transactions via the online store



If you want to revoke the contract, please fill out this form and send it back to Golf Tech GolfartikelvertriebsGmbH:

- To

Golf Tech GolfartikelvertriebsGmbH
Carlbergergasse 66
A-1230 Vienna

- 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 in case of paper communication)

- Date(s)

(*) Delete where not applicable

The website is operated by E.H.B. Consulting GmbH