General Terms and Conditions
CONTENTS
1. general, scope of application
1.1 The following General Terms and Conditions (hereinafter referred to as 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. In particular, this also includes transactions made via the online store "skibuy.at", which can currently be accessed and used at the URL: www.skibuy.at, as well as transactions made in connection with the online store "PRIDEON", which can currently be accessed and used at the URL: www.prideon.ski. The version of the GTCs valid at the time the contract is concluded shall apply. The current version of the GTCs is available here.
1.2 Deviating, 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 language of the contract shall be German.
2.2 Offers from Sport Nenner er are always subject to change and non-binding. On the websites(www.sportnenner.at,www.skibuy.at and www.prideon.ski), in the catalogs 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 constitute a binding contractual offer from Sport Nenner , but serves to submit a binding offer by the customer.
2.3 With the order (in person, by telephone, by e-mail, by post), the customer makes a binding offer to conclude a contract with Sport Nenner. In the case of goods ordered electronically (in particular via the Internet or by e-mail), the customer receives a confirmation of receipt of the order. The confirmation of receipt sent to the customer by Sport Nenner er does not yet constitute a binding acceptance of the order.
2.4 The contract is only concluded with the 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 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 upon receipt of the goods by the customer;
- by 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 shall be deemed a rejection of the offer and the customer shall no longer be bound by his offer.
2.5 Order processing and contact are usually carried out by e-mail and / or via the Sport Nenner website in automated form. The individual steps up to the binding and payable order are mapped step by step for the customer. The customer must ensure that the data provided by him for order processing (name, address, e-mail address) are 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 an offer is submitted via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail or letter) after the order has been sent, together with these General Terms and Conditions and customer information.
2.6 If Sport Nenner rejects the customer's offer and the customer has already made payments before this point in time due to the payment method chosen by him, the customer's payment will be reversed. The customer has no claims against Sport Nenner in the event of a rejection, except for the reimbursement of payments already made.
2.7 Delivery times stated in the course of the ordering process are generally non-binding and do not explicitly form part of the contract. However, the customer will be informed of the expected delivery dates in advance.
2.8 The goods shall be delivered regularly by mail order 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 shall also bear 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 can no longer be delivered or cannot be delivered in the foreseeable future (e.g. lack of raw materials, natural events), without Sport Nenner being at fault, Sport Nenner is entitled to withdraw from the contract against reimbursement of any remuneration already paid. In this case, the customer will be informed immediately by Sport Nenner er.
2.11. Notwithstanding any right of withdrawal pursuant to Section 5 of these GTC, the customer shall have no general right of exchange or return.
2.12. Unless expressly agreed otherwise in individual cases, a purchase on trial is generally excluded.
3. reservation of title
3.1 The goods of Sport Nenner are subject to retention of title until full payment.
3.2 In the event of reclaiming goods subject to retention of title by Sport Nenner , the customer must indemnify Sport Nenner for all damage and deterioration of the goods subject to retention of title. Furthermore, the customer must pay an appropriate user fee for the use of the goods subject to retention of title.
3.3 In the case of customers who are entrepreneurs, Sport Nenner retains ownership of 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 er.
4. right of withdrawal and cancellation policy
COMPLAINT NOTICE for consumers
4.1 The customer is entitled to revoke his contractual declaration or a contract that has already been concluded within fourteen days without giving reasons.
4.2 The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken 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 withdrawal period begins on the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the last goods.
4.4 In order 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 is to be sent to Sport Nenner, owner Stefan Mader, Hintertux 767, A-6294 Hintertux, e-mail: info@skibuy.at:
4.6 The customer can use the sample withdrawal form available here, but does not have to do so: https://skibuy.at/revocation/
4.7 In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
4.8 The customer, who is an entrepreneur, has no contractual right of withdrawal, unless this is expressly agreed in writing in individual cases.
5 Consequences of revocation
5.1 If the customer revokes his contractual declaration or an already concluded contract in due time, Sport Nenner must reimburse the customer for all payments that Sport Nenner has received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a different type of delivery than that offered by Sport Nenner ), immediately, at the latest within fourteen days from the day on which Sport Nenner received notification of the revocation of the contract. For clarification: Sport Nenner er always offers the cheapest standard shipping. If other shipping methods (e.g. express shipping) are expressly requested by the customer, the additional costs associated with this are to be borne by the customer in the event of withdrawal.
5.2 For this repayment, Sport Nenner must use the same method of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer. Sport Nenner is entitled to refuse repayment until it has received the goods back or the customer has provided proof that he has returned the goods, whichever is earlier.
5.3 The customer must return the goods to the sender (place of dispatch) or Sport Nenner, owner Stefan Mader, Hintertux 767, A-6294 Hintertux, immediately, at the latest within fourteen days from the day on which he informed Sport Nenner 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.
5.4 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 to check their condition, properties and functionality.
5.6 In the following cases, the customer has no right of withdrawal:
- In the case of a contract for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to the customer's personal needs.
- In the case of a contract for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery.
5.7 The costs of returning the goods to Sport Nenner shall be borne by the customer.
6. prices and shipping costs
6.1 The prices quoted by the Seller are final prices and include the applicable statutory VAT. The prices are subject to change and may change. Shipping costs are added if the goods are to be sent to a delivery address specified by the customer on the basis of the contract from Sport Nenner . The additional shipping costs are expressly indicated in the product description. Before completing the order, the binding and authoritative price calculation or the total price including shipping costs is shown in the check-out, also shown separately in the order confirmation. For deliveries to countries outside the EU, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, transfer fees, exchange rate fees and customs duties.
6.2 The payment options available to the customer are indicated in the order confirmation or in the online store.
6.3 Sport Nenner is entitled to demand advance payment. 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 has to make customer-specific settings, processing, purchases of goods and other advance payments on the basis of the specific order.
6.4 In the event of default in payment, the statutory default interest shall apply. For reminders, reminder fees of € 20.00 (net) per reminder letter are agreed. In the event of a qualified delay in payment (after a reminder with a grace period of 14 days), Sport Nenner also has the right to withdraw from the contract and to demand the reversal of the legal transaction.
7. transfer of risk
7.1 The risk of loss or damage to the goods shipped by Sport Nenner is (only) transferred to the customer as a consumer when they are delivered to the customer or a third party designated by him (who is not the carrier) (§ 7b KSchG). Only if the customer as a consumer has commissioned the carrier himself without using a selection option proposed by Sport Nenner , the risk is transferred to the carrier when the goods are handed over. Damage already detected or visible upon receipt of the goods must be reported immediately by the customer to the carrier and Sport Nenner , otherwise the customer bears the burden of proof that visible damage was already present upon receipt of the goods 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 sale by dispatch to an entrepreneur, upon handover of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.
7.3 If the customer is in default of acceptance, this shall be deemed equivalent to handover.
8. services of Sport Nenner, presentation of the goods in the online store
8.1 Sport Nenner is obliged to deliver/provide the customer with the goods or services to be provided 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 into account all circumstances.
8.2 The goods in the online store or in catalogs are represented by symbolic images. The ordered goods may therefore differ with regard to the color shown in the symbol images or the additional equipment shown (e.g. ski binding). An exact match between the representation on the symbol images and the ordered goods is therefore neither guaranteed nor owed by Sport Nenner .
9. warranty
9.1 Sport Nenner does not give any guarantees to its customers in the legal sense.
9.2 The statutory warranty provisions shall apply.
9.3 The warranty period shall be reduced to one year for customers who are entrepreneurs.
9.4 The warranty period for the purchase of used movable goods is shortened to one year - this is also expressly negotiated with the consumer.
10. limitations of liability and indemnification
10.1 The liability of Sport Nenner towards customers who are entrepreneurs is excluded for slightly negligent and (simply) grossly negligent behavior.
10.2 The liability of Sport Nenner towards customers who are consumers is excluded for slightly negligent behavior. However, this does not apply to personal injury or the main contractual obligations.
10.3 Sport Nenner is only liable for its own content on the website or the online store. Insofar as Sport Nenner provides access to other websites via links, Sport Nenner is not responsible for the third-party content contained therein. Sport Nenner does not adopt the third-party content as its own. If Sport Nenner becomes aware of illegal content on external websites, Sport Nenner will immediately remove access or links to these pages.
11. data protection
Sport Nenner stores and processes certain personal data for the processing of sales and rental transactions and for marketing purposes. Detailed information on the content and scope of this storage and processing can be found in the data protection declaration posted on the Skibuy.at website(https://skibuy.at/data-security) and available on the business premises.
12. rental conditions
12.1 All items and additional products that can be booked for rental on the booking platform (skis, snowboards, ski boots, snowboard boots, cross-country skis, touring skis, helmets, poles, bikes, e-bikes, jackets, pants, etc.) are hereinafter referred to as rental items and include all items of all categories and age groups.
12.2 The rental takes place against payment (rental fee). The amount of the rent to be paid depends on the category of the rental item and the duration of the rental. The current version of the rental tariff is available on the Sport Nenner website and is posted or available in the respective business premises. The rental price is only valid for consecutive days.
12.3 The rent is inclusive of all taxes and duties.
12.4 The entire rental fee is due immediately upon conclusion of the rental agreement. The rental object shall not be handed over to the customer until the rental fee has been paid in full.
12.5 By making a booking, the customer confirms that he/she has full legal capacity and is therefore at least 18 years old.
12.6 When picking up and returning the rental item, the customer must present an official photo ID (eg 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 is to be picked up by the customer at the beginning of the rental relationship in a rental store of Sport Nenner during the business hours provided for this purpose. The return of the rental item in a Sport Nenner er rental store can take place without incurring additional costs until 09:00 a.m. on the day following the last day of the rental relationship. Thereafter, the customer must pay the full rental fee for that day to Sport Nenner .
12.7 Sport Nenner shall maintain the rental item until the close of business on the first day of the reservation. After this period, the reservation loses its validity. If the reservation is not used, Sport Nenner reserves the right to charge a reasonable cancellation fee.
12.8 An exchange of the rented sports equipment (model change) is possible. Sport Nenner can charge a handling fee of € 10.00 for the exchange. If a piece of sports equipment is changed to a higher category, the surcharge for the higher category according to the price list must also be paid in advance.
12.9 The customer must avoid damaging the rental item and use the rental item in such a way that no damage occurs. The customer may only use the rental item on designated and cleared 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 rented item is stored in such a way as to prevent damage, confusion, loss or theft. In particular, the customer is obliged to use locking devices or lockable depots.
12.12. Unfavorable weather conditions or other hindrances that result in the customer not being able to use the rental item do not release the customer from paying the rental fee.
12.13. In the event of injury or illness of the customer during the rental period, Sport Nenner er may request a pro rata refund of the remaining rent. However, Sport Nenner er is not obliged to make a refund and can only be made in individual cases under the following conditions:
- a) Submission of a medical report/test
- a) immediate return of the rented property
- b) refunds will be made exclusively by issuing a voucher or by payment by bank transfer; cash payment is not possible under any circumstances for billing reasons.
12.14. The customer is obliged to return the rental object to Sport Nenner in proper condition at the end of the rental contract. If the return is not made on time, Sport Nenner is entitled to demand a usage fee for the number of days of the delayed return, which corresponds to the rental fee for the rental item.
12.15. There is no insurance cover for the rental item. The customer is therefore obliged to compensate Sport Nenner for the damage incurred in the event of damage to the rental item or excessive wear and tear (eg damage to the running surfaces and edges of skis and snowboards by driving over stones) of the rental item. 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 heavy wear and tear of the rental item, which requires extraordinary maintenance work that does not occur during 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. Against payment of an additional fee (risk surcharge), the customer can exclude his liability for slightly negligent damage to the rental item against Sport Nenner .
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 er remains in full 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 are incurred due to a lack of cooperation on the part of the customer (e.g. failure to notify).
12.20. The customer undertakes to store the respective rental item, if possible and reasonable, in our depots provided for this purpose (see clause 17.), which are provided free of charge in the event of rental. This also applies in particular during breaks (e.g. lunch break). If, in the event of theft or loss of the rental item, it transpires that the customer has not fulfilled this obligation despite reasonable efforts, this shall be deemed grossly negligent behavior, which shall make the customer fully liable for compensation despite having paid a risk surcharge.
12.21. In particular, leaving the secured / marked ski room is also considered grossly negligent behavior. Should damage to the rental item occur as a result of this or in the process, the renter shall be fully liable to pay compensation for the damage.
13. binding adjustment in general
13.1 If the purchase of ski equipment (skis including ski bindings and ski boots) or the rental of ski equipment (skis and / or ski boots) takes place directly in a Sport Nenner branch on site, the binding is assembled and / or checked and adjusted in accordance with the safety specifications. The adjustment is done by hand according to the ISO number and according to the customer's specifications.
13.2 If the customer requests a top security setting (=electronic binding check), a separate fee will be charged for this.
13.3 No liability is assumed for accidents of any kind if these occur due to incorrect information provided by the customer - in particular in connection with the binding setting.
13.4 The customer acknowledges and agrees that the data of the electronic binding setting will be stored by Sport Nenner for liability reasons and kept for a period of 7 years.
13.5 Sport Nenner expressly points out that an electronic binding check must be carried out at the latest after 14 ski days or at the latest before each season, provided that the ski-binding-shoe combination remains unchanged. For a new ski-binding-shoe combination, an electronic check is absolutely necessary before use. If this is not done, Sport Nenner excludes any liability for proper binding adjustment.
14. binding settings when purchasing skis and bindings in the online store
14.1 Sport Nenner expressly points out that bindings for skis and snowboards, which the customer purchases in the online store of Sport Nenner, i.e. by means of a mail order purchase, are only pre-assembled and must be adjusted to the specific user of the goods by professionally 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 by mail order is not possible. The final assembly and adjustment of the bindings purchased by the customer by 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 assumes no liability whatsoever for damage that is based on the fact that a binding has not been properly assembled or adjusted. The customer is responsible for arranging the binding adjustment 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 use. In the case of the purchase of used goods by the customer, normal signs of use therefore do not constitute defective performance by Sport Nenner . Normal signs of use are 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 owes the product selected by the customer only 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 individualized according to other data (e.g. serial number).
15.3 The offer for used goods is always subject to change. This in view of the fact that the used goods are usually still in use (rental) before delivery. The sale of used goods is therefore always subject to the reservation that the rental goods are returned to Sport Nenner in a condition suitable for resale. If this is not the case and if no other equivalent product is available, the purchase of the used goods is deemed not to have been concluded or Sport Nenner has the right to withdraw from this legal transaction without the customer being entitled to any claims against Sport Nenner .
15.4 If, when selling used goods to customers who do not appear to Sport Nenner as entrepreneurs, the impression nevertheless arises - in particular due to large order quantities or regular orders or postings on various online platforms (e.g. Ebay) - that the used goods are for (commercial) resale by the customer, Sport Nenner reserves the right to demand proof of its entrepreneurial status (business license, VAT number, etc.) from the customer. If the customer does not comply with this request from Sport Nenner er, Sport Nenner is free to withdraw from such a legal transaction at any time without the customer being entitled to any claims against Sport Nenner .
15.5 Sport Nenner expressly excludes any liability and warranty claims for Sport Nenner goods purchased by an end customer from an unauthorized and unauthorized intermediary.
15.6 Sport Nenner reserves the right to cancel orders that have already been accepted / confirmed retrospectively and to prevent future orders if there is an important reason for this. Such an important reason exists in particular if the order comes from a person to whom Sport Nenner has issued a house ban or an order ban, or against whom Sport Nenner already has outstanding and dunned claims. This right to cancel also applies to orders that obviously serve to circumvent existing house bans, order bans and other important reasons, for example in the event that the order is placed by a "straw man" (e.g. spouse, household member, friend).
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 expressly reserves the right to refuse orders from customers who identify themselves as entrepreneurs or have entrepreneurial status, either generally or in individual cases.
17. depot
17.1 Sport Nenner offers depots for a fee, but expressly only for skis, snowboards, ski boots and snowboard boots.
17.2 The storage of other items in the depots, e.g. poles, helmets, ski goggles, clothing, valuables, is prohibited. The (unlawful) safekeeping of such items is therefore not part of the safekeeping contract. The liability of Sport Nenner with regard to such items is therefore excluded in every respect (e.g. loss, damage).
17.3 Sport Nenner shall only be liable for properly and lawfully stored items in accordance with Section 17.1. for any culpable breach of its duty of care, but not for coincidence.
17.4 Sport Nenner assumes no liability whatsoever for items left by customers outside the depots free of charge (e.g. shoes, clothing, equipment), even if Sport Nenner makes areas (e.g. changing area, shoe rack) available free of charge in its stores.
18. actions
If Sport Nenner offers "sales or price promotions", these are expressly only valid from the day specified in the respective announcement or for the duration specified 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 Austrian law shall apply exclusively. The 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 locally and factually competent Austrian court for the registered office of Sport Nenner . If the customer is a consumer, this place of jurisdiction applies insofar as this does not conflict with mandatory statutory provisions.
19.3 In accordance with the Regulation on Online Dispute Resolution in Consumer Matters (ODR Regulation), information is provided about 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 wholly or partially invalid provision shall be replaced by a provision whose economic purpose comes as close as possible to the purpose of the invalid provision.
19.5 Unless otherwise agreed, the place of performance is always the registered office of Sport Nenner in 6294 Tux.
19.6 Insofar as reference is made to the written form requirement in these GTC in joint business transactions between Sport Nenner and the customer, notifications by e-mail are also sufficient.
Status 09/2023