Terms of Service
CONTENTS
1. General, scope
1.1. The following General Terms and Conditions (GTC) apply to all business relationships between Sport Nenner, owner Stefan Mader, Hintertux 767, A 6294 Hintertux, (hereinafter referred to as Sport Nenner) and the customer. This includes in particular transactions that are carried out via the online shop "skibuy.at" which is currently accessible and usable at the URL: www.skibuy.at as well as transactions that are carried out in connection with the online shop "PRIDEON" which is currently accessible at the URL: www.prideon.ski can be accessed and used. The version of the Terms and Conditions valid at the time of conclusion of the contract is decisive. The current version of the Terms and Conditions is here available.
1.2. Differing, conflicting or supplementary general terms and conditions shall not become part of the contract even if they are known, unless their validity is expressly agreed to in writing by Sport Nenner.
2. Conclusion of contract
2.1 The contract language is German.
2.2. Offers from Sport Nenner are always subject to change and non-binding. On the websites (www.sportnenner.at,www.skibuy.at and www.prideon.ski), in the catalogues and advertising brochures etc. of Sport Nenner, the customer is informed about the conditions and characteristics of the goods and services offered by Sport Nenner. The presentation of the goods and services does not represent a binding contractual offer from Sport Nenner, but serves to submit a binding offer by the customer.
2.3. By placing an order (in person, by telephone, by email, by post), the customer makes a binding offer to conclude a contract with Sport Nenner. If goods are ordered electronically (in particular via the Internet or by email), the customer receives a confirmation of receipt of the order. The confirmation of receipt sent to the customer by Sport Nenner does not constitute a binding acceptance of the order.
2.4. The contract is only concluded upon acceptance of an order placed by the customer by Sport Nenner, whereby the customer's offer can be accepted by Sport Nenner within three working days (Saturday is not a working day) as follows:
– by means of an order confirmation sent to the customer in writing (by post) or in text form (e-mail, SMS or messaging services), whereby the contract is concluded upon receipt of the order confirmation by the customer;
– by delivery of the goods ordered by the customer, whereby the contract is concluded when the goods are received by the customer;
– by means of an invoice sent to the customer after the order has been placed.
If several of these forms of acceptance apply, the contract is concluded at the time at which one of these forms of acceptance is fulfilled first. If Sport Nenner does not accept the customer's offer within 3 working days, this is deemed to be a rejection of the offer and the customer is no longer bound to his offer.
2.5. Order processing and contact are usually carried out via email and/or via the Sport Nenner website in an automated manner. The individual steps up to the binding and payable order are shown step by step for the customer. The customer must ensure that the data he provides for order processing (name, address, email address) is correct and that the technical requirements for processing the order process (e.g. setting the SPAM filter for receiving the confirmation of acceptance) are met. When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer after sending his order together with these General Terms and Conditions and customer information in text form (e.g. email or letter).
2.6. If Sport Nenner rejects the customer offer and the customer has already made payments prior to this point in time based on the payment method chosen by them, the customer's payment will be reversed. In the event of a rejection, the customer has no claims against Sport Nenner - except for a refund of payments already made.
2.7. Delivery times stated during the ordering process are generally non-binding and do not become an explicit part of the contract. However, the customer will be informed of the expected delivery dates in advance.
2.8. The goods are usually delivered by post to the delivery address specified by the customer.
2.9. If the goods are returned to Sport Nenner by the transport company because delivery to the customer was not possible, the customer also bears the costs for the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal.
2.10. If, despite Sport Nenner's efforts, the ordered goods are no longer available or cannot be delivered in the foreseeable future (e.g. shortage of raw materials, natural events) without Sport Nenner being at fault, Sport Nenner is entitled to withdraw from the contract against reimbursement of any payment already made. In this case, the customer will be informed immediately by Sport Nenner.
2.11. Without prejudice to any right of withdrawal pursuant to Section 5 of these Terms and Conditions, the Customer shall not have a general right of exchange or return.
2.12. Unless expressly agreed otherwise in individual cases, a purchase on trial is generally excluded.
3. Retention of title
3.1. Sport Nenner retains title to its goods until full payment has been made.
3.2. In the event that Sport Nenner demands the return of goods subject to retention of title, the customer must indemnify Sport Nenner against all damage and deterioration to the goods subject to retention of title. Furthermore, the customer must pay an appropriate usage fee for the use of the goods subject to retention of title.
3.3. In the case of a customer who is an entrepreneur, Sport Nenner reserves title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
3.4. If the goods subject to retention of title are processed, Sport Nenner acquires co-ownership of the new item in proportion to the value of the goods delivered by Sport Nenner. The same applies if the goods are processed or mixed with other items not owned by Sport Nenner.
4. Right of withdrawal and cancellation policy
CANCELLATION POLICY for consumers
4.1 The customer is entitled to revoke his contractual declaration or an already concluded contract within fourteen days without giving reasons.
4.2. The cancellation period shall be fourteen days from the day on which the customer or a third party other than the carrier designated by him takes possession of the goods.
4.3 If the customer has purchased the goods as part of a single order and these goods are delivered separately, the cancellation period begins on the day on which the customer or a third party other than the carrier designated by the customer takes possession of the last goods.
4.4. To exercise the right of withdrawal, the customer must inform us of his decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, e-mail or online form on the respective website through which the offer was made).
4.5. The revocation must be sent to Sport Nenner, owner Stefan Mader, Hintertux 767, A-6294 Hintertux, email: info@skibuy.at to address:
4.6. The customer can use the sample cancellation form available here, but is not obliged to do so: https://skibuy.at/revocation/
4.7. To meet the cancellation deadline, it is sufficient for the customer to send the notification of exercising the right of cancellation before the cancellation period has expired.
4.8. The customer, the entrepreneur is has no contractual right of withdrawal unless this is expressly agreed in writing in the individual case.
5. Consequences of revocation
5.1. If the customer revokes his contractual declaration or an already concluded contract within the deadline, Sport Nenner must immediately repay the customer all payments that Sport Nenner has received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a different type of delivery than that offered by Sport Nenner), at the latest within fourteen days from the day on which Sport Nenner received notification of the cancellation of the contract. For the avoidance of doubt: Sport Nenner generally offers the cheapest standard shipping. If the customer expressly requests other shipping methods (e.g. express shipping), the associated additional costs in the event of withdrawal must be borne by the customer.
5.2. For this refund, Sport Nenner must use the same payment method that the customer used for the original transaction, unless expressly agreed otherwise with the customer. Sport Nenner is entitled to refuse refund until it has received the goods back or the customer has provided evidence that he has returned the goods, whichever is earlier.
5.3. The customer must return the goods immediately, at the latest within fourteen days from the date on which he notified Sport Nenner of the cancellation of the contract, to the sender (shipping location) or Sport Nenner, owner Stefan Mader, Hintertux 767, A-6294 Hintertux, The deadline is met if the customer sends the goods before the expiry of the fourteen-day period.
5.4. The customer is only liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
5.6. The customer has no right of withdrawal in the following cases:
- In the case of a contract for the supply of goods which are manufactured according to the customer’s specifications or which are clearly tailored to his personal needs.
- In the case of a contract for goods which are delivered sealed and which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
5.7. The customer must bear the costs of returning the goods to Sport Nenner.
6. Prices and shipping costs
6.1 The prices stated by the seller are final prices and include the applicable statutory sales tax. The prices are subject to change and are subject to change. Shipping costs are added if the goods are to be sent to a delivery address specified by the customer based on the contract by Sport Nenner. The additional shipping costs are expressly indicated in the product description. Before completing the order, the binding and relevant price calculation or the total price including shipping costs is shown in the checkout and also shown separately in the order confirmation. For deliveries to countries outside the EU, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, transfer fees, exchange rate fees, customs duties.
6.2. The payment options available to the customer are indicated in the order confirmation or in the online shop.
6.3. Sport Nenner is entitled to demand payment in advance. In this case, payment is due immediately and in full after conclusion of the contract. This applies in particular to those cases in which Sport Nenner must provide customer-specific settings, processing, goods purchases and other advance services based on the specific order.
6.4. In the event of late payment, statutory default interest applies. Reminder fees of (net) €20.00 per reminder letter are agreed. In the event of a qualified late payment (after a reminder with a grace period of 14 days) Sport Nenner also has the right to withdraw from the contract and demand the reversal of the legal transaction.
7. Transfer of Risk
7.1. The risk of loss or damage to the goods sent by Sport Nenner is transferred to the customer as a consumer when the goods are delivered to the customer or a third party designated by the customer (who is not the carrier) (Section 7b of the Consumer Protection Act). The risk is only transferred when the goods are handed over to the carrier if the customer as a consumer has commissioned the carrier himself without using a selection option suggested by Sport Nenner. Any damage discovered or visible when the goods are received must be reported immediately by the customer to the carrier and Sport Nenner; otherwise the customer bears the burden of proof that any obvious damage was already present when the goods were received and was not caused by the customer himself.
7.2 Otherwise, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon handover and, in the case of a sale by dispatch to an entrepreneur, upon handover of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the dispatch.
7.3 Delivery shall be deemed to have taken place if the customer is in default with acceptance.
8. Services of Sport Nenner, presentation of goods in the online shop
8.1. Sport Nenner is obliged to deliver/provide the goods or services to the customer in accordance with the contract. Sport Nenner is entitled to unilaterally change or deviate from the contractual service to be provided by Sport Nenner if the change and/or deviation is reasonable for the customer, in particular because the change is minor and objectively justified taking all circumstances into account.
8.2. The goods in the online shop or in catalogs are represented by symbol images. The goods ordered may therefore differ in terms of the color shown in the symbol images or the additional equipment shown (e.g. ski bindings). Sport Nenner therefore neither guarantees nor is obliged to guarantee an exact match between the representation in the symbol images and the goods ordered.
9. Warranty
9.1. Sport Nenner does not provide any guarantees to its customers in the legal sense.
9.2 The statutory warranty provisions apply.
9.3. For customers who are entrepreneurs, the warranty period is reduced to one year.
9.4. When purchasing used movable goods, the warranty period is reduced to one year – this is also expressly negotiated with the consumer.
10. Limitations and indemnification of liability
10.1. Sport Nenner’s liability towards customers who are entrepreneurs is excluded for slightly negligent and (simply) grossly negligent conduct.
10.2 Sport Nenner's liability towards customers who are consumers is excluded for slightly negligent conduct. However, this does not apply to personal injuries or the main contractual obligations.
10.3. Sport Nenner is only liable for its own content on the website or online shop. If Sport Nenner provides links to other websites, Sport Nenner is not responsible for the third-party content contained therein. Sport Nenner does not claim ownership of the third-party content. If Sport Nenner becomes aware of illegal content on external websites, Sport Nenner will immediately remove access or links to these sites.
11. Data Protection
Sport Nenner stores and processes certain personal data to process sales and rental transactions as well as for marketing purposes. Detailed information on the content and scope of this storage and processing can be found on the Skibuy.at website (https://skibuy.at/data-security) and available in the business premises.
12. Rental Conditions
12.1. All items and additional products that can be booked for rent on the booking platform (skis, snowboards, ski boots, snowboard boots, cross-country skis, touring skis, helmets, poles, bikes, e-bikes, jackets, trousers, etc.) are hereinafter referred to as rental items and include all items of all categories and age groups.
12.2. Rental is for a fee (rental). The amount of the rental fee to be paid depends on the category of the rental item and the duration of the rental. The current version of the rental tariff can be found on the Sport Nenner website and is displayed or available in the respective business premises. The rental price only applies to consecutive days.
12.3. The rent includes all taxes and duties.
12.4. The entire rental fee is due immediately upon conclusion of the rental agreement. The rental item will only be handed over to the customer after the rental fee has been paid in full.
12.5. By booking, the customer confirms that he or she is of full legal capacity and therefore at least 18 years old.
12.6. When picking up and returning the rental item, the customer must present an official photo ID (e.g. driver's license, passport) for identification purposes. The customer gives his consent for Sport Nenner to make and save a copy of the ID. The rental item must be picked up by the customer at the start of the rental agreement from a Sport Nenner rental shop during the business hours provided for this purpose. The rental item can be returned to a Sport Nenner rental shop up to 9:00 a.m. on the day following the last day of the rental agreement without incurring additional costs. After this, the customer must pay the full rental fee for that day to Sport Nenner.
12.7. Sport Nenner will retain the rental property until the end of business on the first day of the reservation. After this period, the reservation is no longer valid. If the reservation is not used, Sport Nenner reserves the right to charge an appropriate cancellation fee.
12.8. It is possible to exchange the rented sports equipment (change of model). Sport Nenner may charge a handling fee of € 10.00 for the exchange. If a sports equipment is changed to a higher category, the surcharge for the higher category must also be paid in advance according to the price list.
12.9. The customer must avoid damaging the rental item and use the rental item in such a way that damage does not occur. The customer may only use the rental item on designated and approved pistes, slopes, roads and paths.
12.10 The customer is expressly prohibited from passing on the rental item to third parties.
12.11. The customer must ensure that the rental item is stored in such a way that damage, confusion, loss or theft are prevented. The customer is particularly obliged to use locking devices or lockable deposits.
12.12. Adverse weather conditions or other impediments that prevent the customer from using the rental property do not exempt the customer from paying the rental fee.
12.13. If the customer is injured or ill during the rental period, a pro rata refund of the remaining rental fee can be requested from Sport Nenner. However, Sport Nenner is not obliged to make a refund and, in individual cases, this can only be done under the following conditions:
- a) Submission of a medical report/certificate
- a) immediate return of the rental object
- b) the refund will be made exclusively by issuing a voucher or by payment via bank transfer; a cash payment is not possible under any circumstances for accounting reasons.
12.14. The customer is obliged to return the rental item to Sport Nenner in a proper condition at the end of the rental agreement. If the item is not returned on time, Sport Nenner is entitled to demand a usage fee for the number of days of late return, which corresponds to the rental fee for the rental item.
12.15. The rental object is no general insurance coverageThe customer is therefore obliged to compensate Sport Nenner for any damage caused to the rental item or if the rental item is subject to excessive wear and tear (e.g. damage to the running surfaces and edges of skis and snowboards caused by driving over stones). The damage includes the actual repair costs or the current value of the rental item if the repair costs exceed the current value.
12.16. In the event of unusually severe wear and tear on the rental item, which requires extraordinary maintenance work that is not required under normal use, the customer must reimburse Sport Nenner for the service production costs of up to € 80.00.
12.17. In the event of loss or theft of the rental item, the customer must reimburse Sport Nenner for the current value of the rental item.
12.18. The customer has the option of insuring himself against the risks of negligent damage and theft of the rental object by paying a risk fee of EUR 10,000 of the rental fee.
12.19. The customer is obliged to report any damage or theft to Sport Nenner immediately. In the event of theft, a report must also be made to the responsible security authority and a copy of the report must be submitted to Sport Nenner. If the customer does not comply with these reporting and submission obligations, his obligation to pay compensation to Sport Nenner remains in full force, even if the risk fee (point 12.18) is paid. In addition, the customer may be charged additional processing fees of € 20.00 if additional processing costs arise due to a lack of cooperation on the part of the customer (e.g. failure to report).
12.20. The customer undertakes to store the respective rental item, if possible and reasonable, in our depots provided for this purpose (see point 17), which are provided free of charge in the case of rental. This also applies in particular during rest breaks (e.g. lunch break). If, in the event of theft or loss of the rental item, it turns out that the customer has not fulfilled this obligation despite this being reasonable, this is considered grossly negligent behavior, which makes the customer fully liable for compensation despite a risk surcharge being paid.
13. General binding adjustment
13.1. If ski equipment (skis, bindings and ski boots) is purchased or rented directly from a Sport Nenner branch, the bindings will be assembled and/or checked and adjusted in accordance with the safety requirements. The adjustment is done by hand according to the ISO number and according to the customer's specifications.
13.2. If the customer wishes to have a top security setting (= electronic binding check), a separate fee will be charged.
13.3. No liability is accepted for accidents of any kind if they occur due to incorrect information provided by the customer – particularly in connection with the binding adjustment.
13.4. The customer acknowledges and agrees that the data of the electronic binding setting will be saved by Sport Nenner for liability reasons and stored for a period of 7 years.
13.5. Sport Nenner expressly points out that an electronic binding check must be carried out after 14 days of skiing at the latest or before each season at the latest, provided that the ski-binding-boot combination remains unchanged. An electronic check is essential for a new ski-binding-boot combination before use. If this is not carried out, Sport Nenner will not accept any liability for proper binding adjustment.
14. Binding settings when purchasing skis and bindings in the online shop
14.1. Sport Nenner expressly points out that bindings for skis and snowboards, which the customer purchases in the Sport Nenner online shop, i.e. by mail order, are only pre-assembled and must be finally assembled and adjusted to the specific user of the goods by appropriately trained personnel before use, otherwise the safety/functionality of the binding is not guaranteed.
14.2. Sport Nenner expressly points out that the final assembly and adjustment of the bindings purchased by the customer via mail order is not possible. The final assembly and adjustment of the bindings purchased by the customer via mail order is therefore not owed by Sport Nenner in such legal transactions and is not part of the contract with the customer.
14.3. Sport Nenner therefore accepts no liability whatsoever for damages caused by a binding not being properly assembled or adjusted. The customer is responsible for arranging for the binding to be adjusted for the specific user at his own expense.
15. Used goods
15.1. Used goods (skis, snowboards, bindings, ski boots, wheels, etc.) may show signs of wear. When the customer purchases used goods, normal signs of wear do not constitute a defective service by Sport Nenner. Normal signs of wear include, in particular, scratches and signs of abrasion on paintwork and surfaces, scratches and signs of abrasion on running surfaces, and reduced edge thickness.
15.2. In the case of used goods offered for sale, Sport Nenner is only responsible for the product selected by the customer according to the characteristics selected by the customer (brand, length, color, etc.) and similar (used) quality as well as availability. In particular, there is no entitlement to a product customized according to other data (e.g. serial number).
15.3. The offer for used goods is always subject to change. This is because the used goods are usually still in use (rental) before delivery. The sale of used goods is therefore always subject to the proviso that the rental goods are returned to Sport Nenner in a condition suitable for resale. If this is not the case and no other equivalent product is available, the purchase of the used goods is deemed not to have taken place and Sport Nenner has the right to withdraw from this legal transaction without the customer having any claims against Sport Nenner.
15.4. If, when selling used goods to customers who do not represent themselves to Sport Nenner as entrepreneurs, the impression nevertheless arises - particularly due to large order quantities or regular orders or placements on various online platforms (e.g. eBay) - that the used goods are intended for (commercial) resale by the customer, Sport Nenner reserves the right to request proof of the customer's status as an entrepreneur (trade license, VAT number, etc.). If the customer does not comply with this request from Sport Nenner, Sport Nenner is free to withdraw from such a legal transaction at any time without the customer having any claims against Sport Nenner.
15.5. Sport Nenner expressly excludes any liability and warranty claims for Sport Nenner goods that an end customer purchases from an unauthorized and unlawful intermediary.
16. Sale of goods and services via websites
The sale of goods and services via the websites is expressly aimed at end consumers. Sport Nenner therefore reserves the express right to generally or in individual cases reject orders from customers who identify themselves as entrepreneurs or who have entrepreneurial characteristics.
17th Depot
17.1. Sport Nenner offers deposits for a fee, but expressly only for skis, snowboards, ski boots and snowboard boots to.
17.2. The storage of other items in the depots, e.g. poles, helmets, ski goggles, clothing, valuables is prohibited. The (illegal) storage of such items is therefore not part of the storage contract. Sport Nenner's liability with regard to such items is therefore excluded in every respect (e.g. loss, damage).
17.3. For properly and lawfully stored items according to point 17.1, Sport Nenner is only liable for any culpable breach of his duty of care, but not for coincidence.
17.4. Sport Nenner accepts no liability whatsoever for items left free of charge by customers outside the depots (e.g. shoes, clothing, equipment), even if Sport Nenner provides areas for this purpose free of charge in its stores (e.g. changing room, shoe rack).
18th actions
If Sport Nenner offers "sales or price promotions", these expressly only apply from the day stated in the respective announcement or for the period stated in the announcement. If goods were purchased before the start of the promotion that are later discounted, both the exchange of the goods for the discounted goods and the reimbursement of the difference on the discounted goods are excluded.
18. Final provisions
19.1. Only Austrian lawThe provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
19.2. The place of jurisdiction for all disputes arising directly or indirectly from the contract is the Austrian court with local and subject-matter jurisdiction for the registered office of Sport Nenner. If the customer is a consumer, this place of jurisdiction applies insofar as it is not contrary to mandatory statutory provisions.
19.3. In accordance with the Regulation on Online Dispute Resolution in Consumer Affairs (ODR Regulation), information is provided via the Online Dispute Resolution Platform (ODR Platform). Consumers have the opportunity to submit complaints to the European Commission’s Online Dispute Resolution Platform at http://ec.europa.eu/odr?tid=221099593 However, Sport Nenner expressly points out that Sport Nenner is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
19.4. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The provision that is invalid in whole or in part shall be replaced by a provision whose economic objective comes as close as possible to the objective of the invalid provision.
19.5 Unless otherwise agreed, the place of performance shall always be the registered office of Sport Nenner in 6294 Tux.
19.6. To the extent that these General Terms and Conditions refer to the written form requirement in joint business transactions between Sport Nenner and the customer, notifications by email are also sufficient.
as of 09/2023