Conditions
Terms and Conditions of msport (valid from: 14.06.14)
1. General
The general terms and conditions apply to the sale and delivery of goods by our company. Deviating terms and conditions of the buyer are only valid if we have agreed to them in writing or by a company. By clicking the checkbox in the shopping cart before submitting the order "I have read and accepted the terms and conditions", the buyer agrees to these terms and conditions and is bound to them. Our offer is not binding. The order of the fully capable customer (persons over the age of 18) represents an offer to conclude a purchase contract. The confirmation of the receipt of the order subsequently sent by us does not constitute acceptance of the offer. The purchase contract is only concluded as soon as we deliver goods ordered or by sending a second e-mail as an order confirmation. All offers on our website are non-binding, without obligation and only available while stocks last.
2. Ordering process, order correction, order cancellation
If you have selected the desired product, you can put this without obligation by clicking the button [into the shopping cart] in the shopping cart. You can view the content of the shopping cart at any time by clicking on the [Add to shopping cart] button without obligation. The products can be removed from the shopping cart at any time by clicking the button [Delete]. If you want to buy the products in the shopping cart, click on the [Checkout] button. Please enter your details. For the first order registration as "new user" is required. For further orders it is sufficient to enter the login and password specified by the user during the initial registration. Your data is encrypted. After entering your data and selecting the type of payment and delivery, you will reach the order page via the [Confirm order] button, where you can check your entries again. By clicking the button [Submit order] you conclude the order process. By pressing the "back arrow" of the browser you can correct the entries. The ordering process can be canceled at any time by closing the browser.
For a detailed description of the order in our shop, see FAQ.
3. Contract language
The contents of the contract, all other information, customer service, data information and complaint processing are offered in German.
4. Prices
The prices are valid at the time of the order including VAT. plus all expenses incurred with the shipment. They are in the shopping cart before the conclusion of the contract and then in the order confirmation sent to the customer. Should export or import duties be due in the course of shipment, these shall also be borne by the customer (information can be obtained from your local customs office).
Payment must be made in euros.
5. Right of withdrawal for consumers from Austria
Consumer acc. KSchG have the right to withdraw from this contract within fourteen days without stating reasons.
The cancellation period is:
1. in the case of a service contract or contract for the supply of water, gas or electricity, unless they are offered for sale in a limited volume or quantity, for district heating or digital content not supplied on a physical data carrier become fourteen days from the date of the contract.
2. in the case of a contract of sale, fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods / s.
3. in the case of a contract for several goods ordered by the consumer under a single order and delivered separately for a period of fourteen days from the date on which you or a third party named by you who is not the carrier is the last have taken possession or has.
4. In the case of a contract for the delivery of a good in several partial shipments or items, fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece; . Has.
5. in the case of a contract for the regular delivery of goods for a fixed period of time, fourteen days from the date on which you or a third party named by you, who is not the carrier, has or has taken possession of the first good.
To exercise your right of withdrawal, you must (msport GmbH, Hanggasse 10, 6850 Dornbirn, +43 (0) 5572 26872, +43 (0) 5572 26872 DW 4, msport [at] msport.at) by means of a clear statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract.
In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
Returns must be made only at your expense, unless otherwise agreed.
If you withdraw from this Agreement, we have selected all payments received from you excluding delivery charges (except for the additional costs arising from choosing a different type of delivery than the most favorable standard delivery offered by us) have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. In the case of sales contracts in which we have not offered to pick up the goods ourselves in the event of cancellation, we may refuse to repay them until we have received the goods back or until you have provided proof that you have returned the goods, either after which is the earlier time.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
Hints for the smoothest possible handling of the return
(1) If possible, please send the item back to us in its original packaging.
(2) If you only want to return one item from the delivery, but have ordered additional items that you would like to pay by invoice, simply deduct the item you have returned from the invoice amount. If you pay by direct debit, the price for the returned item will not be calculated automatically.
The consumer has no right of withdrawal for contracts over
1. Goods that are made to customer specifications or clearly tailored to personal needs,
2. Goods that can spoil quickly or whose expiration date would quickly be exceeded,
3. goods which are delivered sealed and are not suitable for return for reasons of health or hygiene reasons, provided that their seal has been removed after delivery,
4. goods which, after being delivered, have been inseparably mixed with other goods due to their nature,
5. alcoholic drinks whose price was agreed upon conclusion of the contract but which can not be delivered earlier than 30 days after the conclusion of the contract and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence,
6. sound or video recordings or computer software delivered in a sealed package, provided that their seal has been removed after delivery,
7. newspapers, periodicals or magazines, with the exception of subscription contracts for the delivery of such publications,
8. Services in the field of accommodation for purposes other than habitation, transportation of goods, rental of motor vehicles and supply of food and drink and services rendered in connection with leisure activities, if and when the contract is fulfilled by the trader is contractually provided for,
9. the delivery of digital content not stored on a physical medium, if the entrepreneur - with the express consent of the consumer, connected with his knowledge of the loss of the right of withdrawal in the event of premature commencement of the contract, and after provision of a confirmation under § 7 para FAGG - has started to deliver before the expiry of the withdrawal period according to § 11 FAGG,
10. urgent repair or maintenance work where the consumer has expressly requested the trader to pay a visit to carry out this work. If the entrepreneur provides additional services on such a visit that the consumer has not expressly requested, or if he supplies goods that are not necessarily required as spare parts during maintenance or repair, the consumer is entitled to withdraw from these additional services or goods.
Finally, the consumer has no right to withdraw from contracts concluded at public auction.
Right of withdrawal
Withdrawal
You can revoke your contract within 14 days without giving reasons in writing (for example, letter, fax, e-mail) or - if the case before the deadline - by returning the goods. The period begins on receipt of this instruction in text form, but not before receipt of the goods by the consignee (in the case of recurrent delivery of similar goods not before receipt of the first partial delivery)
and also not before fulfilling our duties to provide information pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB and our obligations pursuant to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB.
To maintain the cancellation period, the timely dispatch of the revocation or the thing is sufficient.
The revocation must be sent to:
msport GmbH
ski racing equipment
Hanggasse 10
6850 Dornbirn
FAX No .: +43 (0) 5572 26872 DW 4
msport [at] msport.at
consequences of Withdrawal
In the case of an effective cancellation, the mutually received benefits and any benefits (such as interest) surrendered. If you can not give us or return the received performance as well as usages (eg use advantages) or only in a deteriorated condition, you have to pay us compensation. For the deterioration of the thing and for drawn uses, you only have to pay compensation if the use or the deterioration is due to a handling of the thing, which goes beyond the examination of the characteristics and the functioning. By "testing the characteristics and the mode of operation" is meant testing and trying out the respective goods, as is possible and customary in the store, for example. Parcel shipping items are to be returned at your risk. You have to bear the regular costs of the return, if the delivered commodity corresponds to the ordered and if the price of the thing to be returned does not exceed an amount of 800 euros or if you with a higher price of the thing at the time of the revocation still not the consideration or a contractually agreed partial payment. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the thing, for us with their receipt.
END OF REVOCATION
Hints for the smoothest possible handling of the return
(1) If possible, please return the item completely with the original packaging to us.
(2) For your returns, please use the returns sticker and have the return receipt for your documents stamped at the post office. The use of the returns sticker is not a "must", so no requirement for the assertion of your right, but simplifies and secures the settlement.
(3) If you have returned the item of a delivery by return and ordered additional items that you would like to pay by invoice, simply remove the item you have returned. If you pay by direct debit, the price for the returned item will not be calculated automatically.
7. Payment
We accept the following payment methods:
Credit card (Eurocard / MasterCard and Visa) via Wirecard,
Softortüberweisung,
cash on delivery
PayPal
PowerPay
Purchase on account with installment option (POWERPAY)
MF Group / POWERPAY offers the payment method "purchase on account" as an external payment service provider. With the order invoice, you can easily settle your online purchase by invoice. If you do not make a payment in the given timeframe, you will receive a monthly invoice with order summary in the following month.
At the conclusion of the purchase contract, POWERPAY accepts the invoice claim and processes the corresponding payment modalities. If you purchase on account you accept in addition to our terms and conditions, the terms and conditions of POWERPAY (powerpay.at/de/agb)
If paying by credit card, the charge will be charged the same day. When paying by credit card, the customer provides the following information: cardholder, card number, credit card company, expiry date, CVV code. The data is transmitted via SSL encryption with at least 128-bit key and is therefore not visible to unauthorized persons. LINK: www.wirecard.at
For the payment method bank transfer, the customer must make the payment within one week from the receipt of the order confirmation. The delivery takes place only after receipt of payment.
8. Late paymenz
In the event of default of payment by the customer, we are entitled to demand the legally regulated default interest.
9. Reminder and Collection Fees
The contracting party undertakes in the event of default, even in the case of non-culpable default, to replace the dunning and collection charges to us insofar as they are necessary for appropriate legal action and appropriate in relation to the claim to replace, in which he committed himself, in the case of the Besiziehung a collecting agency to reimburse us for the costs incurred by us, insofar as these do not exceed the maximum rates of the collection agencies. Insofar as we operate the dunning system ourselves, the debtor undertakes to pay an amount of EUR 12.- per reminder and an amount of EUR 5.- per half year for the evidence retention of the debt in the dunning process.
10. Acceptance delay
For the default of acceptance of customers who have ordered as an entrepreneur, we are entitled to store the goods with us, for which we charge a storage fee of EUR 0.1 per started calendar day. At the same time we insist on contract fulfillment.
11. Retention of title
We reserve the title to the delivered service or goods or to the media processed or created by us until receipt of all payments from the business relationship with the customer. If the customer resells the goods subject to retention of title, he must also pass on the retention of title. Access by third parties to our goods subject to retention of title must be reported to the customer immediately. Pledges, chattel mortgages and the like of the reserved goods are only permitted with our prior consent. If payment is not made immediately after a reminder payment is made, our retention of title goods shall be surrendered without delay.
12. Warranty, liability, warranty
The warranty is limited to the statutory period of 24 months from the date of receipt of the goods by the buyer or services with the date of the order. In the case of legitimate defects, either a free replacement or an improvement is made, for which a reasonable period must be granted. If an exchange or an improvement is out of the question (not possible, too much effort, unreasonable, delayed delivery), then the buyer is entitled to a price reduction or, if the defect is not insignificant,
Termination of the contract (change).
Occurring defects are to be announced as far as possible upon delivery or after becoming visible. If the purchase is a commercial transaction (B2B) for the customer, he must examine the goods no later than 2 weeks after receipt and inform us immediately upon discovery of a defect.
Our company is only liable for damages caused by intent and gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence, unless it is a consumer business, the injured party has to prove. The replacement of (defect) consequential damage, as well as other property damage, financial loss and damage of third parties against the customer, as long as it is not a consumer business, is excluded. Our company as the operator of the
The webshop provides the services with the utmost care, but is not liable for the services provided by third parties or purchased by third parties.
The guarantee is to be asserted with the guarantor (at the manufacturer / sometimes also at the seller, if this is the manufacturer) and takes place according to its regulations. By claiming the guarantee, the statutory warranty is not limited.
13. Applicable law, place of jurisdiction
The contracting parties agree to the application of Austrian law. The UN Sales Convention and all provisions relating to the UN Sales Convention are expressly excluded.
Consumers within the EU are subject to their national mandatory consumer law provisions, unless the respective Austrian provisions are more favorable to the consumer.
For contracts with companies, our registered office is the place of jurisdiction. For contracts with consumers from a member state of the EU, we also recognize the consumer's place of residence.
14. Place of fulfillment for business transactions
For contracts with companies, our place of business is the place of performance.
15. Copyright
All news, graphics and the design of our website are solely for the personal information of our customers. Use at your own risk. All data of this offer are protected by copyright. The reproduction, copying and printing of the entire website are only permitted for the purpose of placing an order with our company. Any further processing, duplication, distribution and / or public reproduction exceeds the usual usage and constitutes a violation of copyright.
16. Delivery
If not all ordered items are available immediately, the immediately available immediately and further as soon as they are available, re-delivered. However, the delivery costs will be charged only once per order even for partial deliveries.
Delivery is by GLS, DPD or Austrian Post.
For deliveries outside the EU you can inquire about the customs clearance costs at the responsible customs office.
17. Delivery time
Delivery by us is subject to the proviso that we ourselves are supplied correctly and on time and that we are not responsible for the lack of availability. Unless otherwise agreed or stated differently on the item, we deliver - stock provided - one week after receiving your order.
If the normal delivery time can not be met, we will inform you automatically by e-mail. The indication of the maximum delivery time refers to the respective product.
If the customer does not agree with the delayed delivery, he is entitled to withdraw from the contract without any restrictions.
18. Shipping costs
The shipping costs please refer to this list (shipping costs)
19. Shipping the goods
When shipping the goods, the risk of loss or damage to the goods only passes to the consumer as soon as the goods are delivered to the consumer or to a third party specified by the carrier and not owned by the carrier. However, if the consumer himself has concluded the contract of carriage without using any option proposed by us, the risk shall pass to the carrier upon delivery of the goods.
20. Storage of the contract
The contract text will be stored with us and can be requested from you after completion of the order process. You can print the order data immediately after sending. You can either use the following page "Your order" or the mail "Confirmation of receipt".
21. Other
The contracting party waives the possibility of offsetting. However, this does not apply to consumers.
We undertake to participate in disputes in the mediation process of the Internet Ombudsman:
www.ombudsmann.at
Internet Ombudsman
Margaretenstraße 70/2/10
A-1050 Vienna
Further information on the types of proceedings at www.ombudsmann.at or in the respective procedural guidelines:
Procedural guidelines of the Internet Ombudsman for alternative dispute resolution under the AStG (AStG arbitration procedure)
Guidelines for the Mediation Process of the Internet Ombudsman outside the scope of the AStG (standard procedure)
The OS platform can also be used to resolve disputes with our company.
Our e-mail address: msport@msport.at