GENERAL TERMS AND CONDITIONS (GTC) FOR THE ONLINE SHOP SportOkay.com
of Sport Okay PLC (Public Limited Company; in German: Sport Okay GmbH), Brixnerstraße 3/5, 6010 Innsbruck, Austria, Company registration number FN 392753d (hereinafter referred to as SportOkay.com) valid starting from 09 08 2019.
1 VALIDITY
Starting from 09 08 2019, the present General Terms and Conditions (GTC) shall apply to all our online-shop-based contracts that we, SportOkay.com, may conclude with you, independently from the means of communication used for your order. Prior to placing an order, please read carefully through these GTC. Towards the end of your order’s process, there will appear a checkbox where you are asked to select the corresponding field as a confirmation that you have read our GTC and that you accept their application for the respective order. There are, though, some special cases in which it is possible to stipulate an agreement that differs from our GTC, for example when resulting from a preceding individual sales conversation.
2 CONTRACT OF SALE
The presentation of the products that we offer in our online shop SportOkay.com serve the submission of a purchase offer. By clicking the button "Buy now", the customer submits a binding purchase offer.
The presentation of the products in our online shop constitutes a product catalogue subject to change. This catalogue does not represent any obligation or legal binding, but is only aimed to invite the customer to submit a purchase offer. By clicking the button "Buy now", though, the customer submits a binding offer of the products she/he has put into the shopping basket. Right after you have sent your order, we will send you a confirmation via e-mail informing you that we have received your order. This confirmation does not yet represent a contract acceptance.
All the offers received outside from our online catalogue are noncommittal. We reserve the right to change shipping and prices. If not otherwise specified, every offer received outside from our online catalogue has a validity of 7 business days from the sending out of this offer (e.g. by e-mail).
For deliveries within Germany: We can accept the order by sending an shipment confirmation via e-mail within five working days.
For deliveries within all other countries: We can accept the order by sending an shipment confirmation via e-mail.
If, exceptionally, the product you have selected should not be deliverable, we will send you an e-mail immediately. Consequently, you can cancel it without any costs on your part, of course.
The merchandise remains our property until paid in full.
Please note: When ordering a ski mounting service, the individual setting of the bindings - which is required to ensure safety - is not included in the scope of our service.
Bikes are not delivered at an operational level. They are not ready to be used until having been examined by the customer. The delivered equipment of the bike does not conform to the road traffic regulations.
We save the text of the sales contract and send it to you by mail. The contract wording is no longer available on the Internet due to reasons of security
The languages available for the contract conclusion are German, English, Italian, French, Spanish and Slovak.
3 PRICES
The prices apply as listed in our shop at the moment of your order. All the indicated prices are valid including legal value added tax (VAT) regulations. Prices can be withdrawn. A withdrawal, though, does not affect any completed contract of sale.
4 SHIPPING & DELIVERY
We reserve the right to deliver every order not until all previous orders have been paid.
The customer's order will be shipped as a complete delivery. We are entitled, though, to perform partial deliveries.
The delivery’ starting point is located directly at our company, SportOkay.com. As soon as the merchandise is handed over to the customer, the risk on the delivery of that merchandise passes to the respective customer.
Usually, we do not deliver on Saturdays, Sundays, holidays, Christmas and New Year's Eve. Due to that, delivery time may be extended.
Please note: The delivery date depends on various factors - such as: the kind of product, the kind of delivery chosen or the availability of the product(s). In the case that your chosen products are non-stock items, the goods yet need to be delivered to us by a supplier. This can extend the period of the delivery. The overall delivery time depends on the product with the longest delivery time.
SportOkay.com does not assume the responsibility for delays of delivery and service, if they are due to forces majeures. If events of forces majeures should happen, SportOkay.com has the right to delay a delivery for the period the disruption is lasting and the customer will be informed of this delay immediately by SportOkay.com. Consequently, the customer has the right to withdraw - entirely or in part - from the part of the contract that is not yet fulfilled, or to insist on the proper fulfilment of the respective parts of the contract.
Before doing this, however, the customer must entitle an appropriate deadline for Sportokay.com to provide the agreed-upon delivery.
Events of forces majeures include strike, war, natural disasters, blockade, embargos on imports/exports and other national interventions, independently on whether they occur to SportOkay.com, to suppliers of SportOkay.com, to a carrier or to the customer.
There is no minimum order value. For every order, the respective shipping costs need to be paid.
In the case of additional deliveries, shipping costs are for free.
5 PAYMENT METHODS
Payment is possible via transfer “SOFORT” from account to account, via credit card (MasterCard, VISA, etc.) or via PayPal.
If the customer’s payment should be in default, we reserve the right to plead interests on late payments at 4% above the base interest rate p.a. of the National Bank of Austria. We are authorised to assign claims or to forward them to a third party.
6 CANCELLATION POLICY
Right to cancel
a) of the conclusion of the contract. (This applies in the case of a service contract or in the case of digital contents that are not delivered on any corporal data carrier.)
b) you or a third party nominated by you and not being the forwarder, have/has taken possession of the merchandise. (This applies in the case of a sale contract.)
c) you or a third party nominated by you and not being the forwarder, have/has taken possession of the last merchandise. (This applies in the case of a contract about several products which you have ordered within one single order and which are delivered separately.)
d) you or a third party nominated by you and not being the forwarder, have/has taken possession of the last part of the delivery or the last piece of the merchandise. (This applies in the case of a contract about a merchandise whose different parts are delivered separately in the frame of more than one deliveries - each containing single parts of the product.)
e) you or a third party nominated by you and not being the forwarder, have/has taken possession of the first merchandise. (This applies in the case of a contract about a delivery of merchandise that happens regularly within a certain and pre-established period.)
To exercise the right of withdrawal, cancel his/her contract, the customer can notify us (SportOkay.com, Werner-von-Siemens-Straße 5, 6020 Innsbruck, Austria, E-Mail: info@sportokay.com) of her/his decision to withdraw, in clear and unequivocal terms (by means, for example, of an e-mail).
You may use the appended template of withdrawal, but do not have to - seen that the declaration of your withdrawal is not bound to any precise form.
To meet the deadline, it will suffice if you email your cancellation before said period expires.
Consequences of cancellation
If the customer cancels a sales contract, we must promptly refund her/him all her/his payments, including the delivery costs (apart from extra costs resulting from the customer having chosen another mode of delivery than our inexpensive standard mode), no later than fourteen days upon the day we have received her/his cancellation. Unless expressly agreed otherwise, for said refund we will use the same payment mode she/he had originally chosen for the payment of her/his order. Said refund will never incur costs on the customer’s part. We may refuse to effect the refund for as long as the customer has not returned the goods or furnished proof she/he sent them to us, depending on whichever arrives first.
The customer must return the goods promptly and no later than fourteen days upon the day she/he has notified us of her/his cancellation of the contract, to us. To meet this deadline, it will suffice if she/he dispatches the goods before said period expires.
We bear the return costs for returns from Germany, Austria, Italy and Slovakia. From all other countries, though, customers need to bear the costs for their returns. The customer will only have to pay for any depreciation if this can be put down to any handling of the goods on her/his part that was not limited to an inspection of their condition, properties and functions.
With ‘inspection of their condition, properties and functions” we intend the trying on and/or examining of the respective goods, as it is, for example, possible and common in an ordinary retail shop.
End of the information about the right to cancel.
The cancellation right does not persist in the case of the following contracts:
- Contracts about the delivery of goods which are not prefabricated and clearly tailored to the individual needs of the consumer, or, for whose production the customer’s individual choice or specification is substantial.
- Contracts about the delivery of sealed goods which, for reasons of health protection or hygiene and if the sealing has been removed after their delivery, are not suitable to be returned.
7 WARRANTY
For all articles available in our online shop, the legal warranty provisions according to §§ 922 to §§ 933a of the General Civil Code (“ABGB” – “Allgemeines Bürgerliches Gesetzbuch”) apply.
Furthermore, there are various products where an original guarantee-certificate of the manufacturer is enclosed and it is up to the customer to directly assert the claims arising from the manufacturer's warranty to the manufacturer. If the case of a warranty occurs, we kindly ask you to inform us via e-mail to info@sportokay.com.
Claims deriving from the manufacturers’ guarantee, or claims of any kind towards us that go beyond the manufacturers’ guarantee, are excluded. Please note that a possible manufacturer guarantee and the legal warranty claims are two different things which exist parallelly. A possible manufacturer guarantee does not exclude any legal warranty claims towards us.
8 TRANSPORT DAMAGE
In the case that a delivery of goods that show obvious damages in transit should occur, please complain about their faults within an adequate period, contacting both - the deliverer of the goods and us. If you do not make said notice of defects, this does not, though, lead to an exclusion or loss of the warranty claims.
9 DISCLAIMER
Claims for damages and their compensation towards the consumers - as defined in the Consumer Protection Act - are not possible if it is a matter of a slight negligence of SportOkay.com; towards corporate customers, it is not possible even in the case of a gross negligence of SportOkay.com. The above limitation for slight negligence towards the consumers does not apply to any personal injury; neither does it for any main contractual duties of SportOkay.com.
10 PRIVACY
The privacy policy of SportOkay.com applies.
11 COPYRIGHT, ECONOMIC AND EXPLOITATION RIGHTS
The pieces of information provided and created in our online shop - such as photographs, pictures, data, texts or other material ("content") - are the property of SportOkay.com.
Pieces of information of third parties provided by SportOkay.com are the property of this third party and established in the right of exploitation of this third party. SportOkay.com only has the exploitation right or, respectively, the right to broadcast. This information must not be used for commercial purposes, unless we give our consent prior to that; and, particularly, it must not be reproduced on various media, such as the Internet.
12 INFORMATION OBLIGATIONS
The customer is obliged to make veridical statements when she/he places an order. Furthermore, the customer is obliged to promptly inform us about every change in her/his data, especially if concerning the name, address, e-mail address, telephone number. If the customer omits to provide us with this information, or if right from the beginning she/he enters false data - especially if a wrong e-mail address - we can withdraw from the contract, if such a contract has been established.
13 APPLICABLE LAW AND JURISDICTION
Austrian law applies, excluding the CISG (United Nations Convention on Contracts for the International Sale of Goods). For consumers as defined by the Consumer Protection Act and whose usual residence is abroad and not in Austria, the mandatory national regulations of their home country apply, unless the Austrian regulations should be more favourable to them. If the customer’s domicile or usual residence is in Austria, or if the customer is employed in Austria, only the jurisdiction of the court of the customer’s habitual residence or working place can be substantiated for claims against him. This is scheduled in the §§ 88, 89, 93 paragraph 2 and 104 paragraph 1 JN (Norm of Jurisdiction).
SportOkay.com recognises the Services of the Internet Ombudsstelle as an extrajudicial arbitration agency:
Österreichisches Institut für angewandte Telekommunikation
Ungargasse 64-66/3/404
1030 Vienna
Austria
14 SEVERABILITY CLAUSE
If certain regulations of the current contract become ineffective or impracticable or become ineffective or impracticable after the contract’s conclusion, the validity of the remaining regulations remains intact.