G E N E R A L T E R M S A N D C O N D I T I O N S O F B U S I N E S S (GTB)
for customers of the internet platform Freeride-One.com
1. GTB area of application:
These GTBs apply in the respectively valid version for all customers of Freeride-One.com Online Store (hereafter "FR-1"), and apply to the services that FR-1 provides and operates through the Website freeride-one.com. By filling out and sending in the order form to FR-1, the customer declares to have read and accepted these GTBs.
2. Regarding FR-1:
Headquarters: Peiskam 6, 4694 Ohlsdorf
Company register: FN 35916 v, Wels District Court
Chamber: Austrian Chamber of Commerce
3. General:
FR-1 is an internet platform where customers can buy sport goods.
If a contract is concluded, FR-1 is obligated to deliver the order in the context of the below conditions.
4. Concluding a contract:
Upon submitting an order form the customer is making a legally valid and irrevocable offer to buy the selected products. Before sending the order form, the customer’s input details are again shown so that he has the opportunity to correct any possible input errors.
Once FR-1 receives the order, it is stored. FR-1 will check the content of the order within a period of 5 days (acceptance period).
FR-1 can reject acceptance of a contract without providing the details of any particular reason.
If executing the order is not possible, FR-1 will not agree to conclude a contract.
The customer agrees that all of the data he has transmitted shall be deleted if FR-1 does not agree to conclude a contract.
If FR-1 agrees to conclude a contract, it will declare the same by e-mail. The customer declares to be in agreement with this form of delivery of the declaration.
The contract is legally valid unless FR-1 sends a confirmation to the e-mail address that the customer has provided and it is returned immediately to FR-1 stating that the e-mail cannot be delivered to the e-mail address that the customer has supplied.
The contract shall be concluded in the selected language.
The customer’s offer loses its legal validity if a contract is not concluded within the acceptance period.
Upon conclusion of the contract, FR-1 is obligated to deliver the ordered goods.
5. Price, payment conditions:
The price for the ordered goods can be seen in a price list that can be called up on the Website freeride-one.com. The respective price at the point in time of the conclusion of the contract is considered to be valid.
Payment can occur either by means of transfer of a payment voucher, an on-line transfer (Elba) or by cash on delivery. Other methods of payment are expressly prohibited.
If no contract is concluded, or if the order is not executed for some other reason, the customer will be reimbursed for any payment that has already been received.
6. Shipment:
The shipment time is 5-7 work days starting with contract conclusion.
FR-1 will hand the goods over to the transportation agency early enough so that the usual circumstances with respect to arrival of the delivery at the location specified by the customer can be counted on within the shipment period. Thus, all customer claims against FR-1 are excluded, which could arise from the customer’s reception of the goods being delayed.
The customer approves of the sending of goods by a transportation agency chosen by FR-1. Once the goods are handed over to the transportation agency, the customer assumes the risk of destruction or damage to the goods.
The place of delivery is basically the location that the customer informs FR-1 of when making his order.
The shipment charges are determined according to the charges made by the respective transportation agency. A freight surcharge will be billed for shipments to countries outside the European Union.
7. Liability:
FR-1 is expressly excluded from liability for input or data transmission errors.
Under no circumstances is FR-1 liable for indirect damage, consequential damage, or atypical damage, regardless of the type, or for reimbursement of lost profit, lost data or other immaterial values.
FR-1 is also excluded from liability for the content or use of internet pages where there is a link leading to the website freeride-one.com.
Liability is likewise excluded for all damage from the use of services offered on the website freeride-one.com or from the initiation of the contract, or the conclusion or fulfilment of a contract described in these GTBs, as long as no compelling legal regulations oppose the same.
Nevertheless if FR-1 is still liable, this liability is limited in every case to damage FR-1 has caused through deliberate or grossly negligent action. Liability for damage, which can be attributed to slight negligence, is excluded in every case.
The customer is liable for all damages in relation to the order that arises to FR-1 through storing the transmitted data or some other use of the same. The customer is liable in particular for damage caused by the transmission of computer viruses.
8. Warrantee:
Under the legally provided conditions FR-1 guarantees for the ordered products.
If the delivered goods do not correspond to the customers wishes and the customer sends the goods back to FR-1, the customer shall bear the return costs.
Inquiries concerning the conclusion of the contract can be made by customers at one of the addresses provided at www.freeride-one.com.
9. Data protection:
The data that customers transmit to FR-1 shall be treated confidentially.
The customer declares to be in agreement that FR-1 shall reveal his identity and data to authorities or third parties if this is required or useful in the legal defence or legal enforcement of FR-1.
10. Jurisdiction, choice of law, other:
For legal disputes from claims made on services offered on the website freeride-one.com, or from material initiation of the contract or the conclusion or fulfilment of a material contract, the jurisdiction is agreed to be the relevant responsible court in whose realm the FR-1 company branch location is found.
If the customer is a consumer as defined by the Consumer Protection Law, this jurisdiction agreement only applies to customer complaints against FR-1.
Austrian law exclusively applies to all legal conditions between FR-1 and its customers.
If individual conditions of this GTB are invalid, the remaining conditions remain fully upheld. The invalid conditions shall be reinterpreted, supplemented or replaced in such a way that the business purpose intended by the same shall be achieved as much as possible. The same applies if it becomes obvious that loopholes need to be closed at the time the contract is executed.
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