GENERAL TERMS AND CONDITIONS

A. General Terms and Conditions

1) Scope of application
2) Conclusion of contract
3) Return costs when exercising the right of cancellation/right of withdrawal
4) Prices and terms of payment
5) Delivery and dispatch conditions
6) Liability for defects/warranty, guarantee conditions
7) Applicable law

B. Customer information

1) Information on the identity of the seller
2) Customer service
3) Information on the essential characteristics of the goods or services
4) Information on the conclusion of the contract
5) Information on payment and delivery
6) Information on the technical steps leading to the conclusion of the contract
7) Information on the storage of the contract text
8) Information on the technical means of recognising and correcting input errors
9) Information on the languages available for the conclusion of the contract
10) Codes of conduct

A. General Terms and Conditions

1. scope of application

These terms and conditions of Sportalm GmbH (hereinafter referred to as ‘Seller’) apply to all contracts that a consumer or entrepreneur (hereinafter referred to as ‘Customer’) concludes with the Seller with regard to the goods and/or services presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

  

2 Conclusion of contract

The product presentations contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

 The customer can submit the offer in writing via the online order form integrated in the seller's online shop. When placing an order via the online order form, the customer submits a legally binding contractual offer in relation to the goods contained in the shopping basket after entering their personal data and clicking the ‘Send binding order’ button in the final step of the ordering process.

 The seller can accept the customer's offer by means of a written (letter) or electronically transmitted (fax or e-mail) order confirmation or by delivering the goods within 2 days. The seller is authorised to refuse to accept the order. The deadline for accepting the offer is automatically extended if the actual end of the deadline falls on a Saturday, Sunday or public holiday.

 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

  

3. return costs when exercising the right of cancellation/right of withdrawal

The seller bears the return costs.

  

4. prices and terms of payment

The prices quoted by the seller are final prices and include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product presentation in the offer.

 For deliveries within Austria and to Germany and the Netherlands, the seller offers the following payment options, unless otherwise specified in the respective product presentation in the offer: 

   

Credit card (Visa, Mastercard)

If the credit card payment method is selected, the customer's credit card account will be debited immediately after acceptance by the seller in accordance with the seller's General Terms and Conditions. Payment is usually refunded within two credit card statements.

 

Purchase on account

In co-operation with Klarna, we offer purchase on account as a payment option. The payment period is 30 days from the invoice date. The invoice is issued when the goods are dispatched and sent by Klarna by e-mail. The invoice enclosed in the parcel does not correspond to the receipt sent by Klarna by e-mail. Payment is made to Klarna. Please note that Klarna invoice is only available for consumers. You can find the full terms and conditions for purchase on account here.

Payment via Paypal

If you would like to make a payment via Paypal, please select ‘Paypal’ in the order step ‘Payment method’. At the end of the order process you will be forwarded directly to the PayPal site. If you are already a PayPal customer, you can log in there with your user data and confirm the payment. If you do not yet have a PayPal account, you can open a PayPal account and then confirm the payment. After successful payment, you will be redirected back to the Portalm Kitzbühel online shop.

 

Credits from returns are always credited back to the PayPal account used for the purchase. Further information about Paypal can be found at www.paypal.de

  

5 Delivery and shipping conditions

The delivery of goods is regularly carried out by dispatch and to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction.

 If the transport company returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer exercises his right of cancellation/right of withdrawal by refusing acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance.

 Dispatch (in normal household quantities) is carried out within Austria by Austrian Post and to Germany and the Netherlands by DHL.

 Austria - dispatch time 1-2 working days

 Germany - dispatch time 2-3 working days

 Netherlands, Belgium, France, Spain, Italy, Slovakia, Slovenia - dispatch time 3-5 workting days

  

The shipping time information given here serves as a guideline from the start of delivery.

 Deliveries are made from Monday to Friday (excluding public holidays) from 08.00 - 18.00 and in Germany on Saturday from 09.00 - 12.00 (Austrian Post only delivers on Saturdays in the run-up to Christmas).

 The ordered goods are insured by Sportalm for the duration of despatch until they are accepted by the customer.

 The arrival of the goods must be confirmed by signature. From this point onwards, the goods are no longer insured and the customer is liable for their order.

 Sportalm does not send parcels to delivery and address services.

  

6 Liability for defects/warranty, guarantee conditions

The statutory liability for defects applies.

 Any complaints can be directed to the business address shown in point B.1.

 As a matter of principle, the seller does not assume any warranty obligation beyond the statutory warranty, unless a more extensive warranty declaration is made for individual goods in the product description or advertising. The warranty conditions shall be communicated by the seller in writing at the latest upon delivery of the goods and, at the customer's request, also beforehand. This shall not restrict the customer's statutory warranty claims.

  

7 Applicable law

Austrian law shall apply to all disputes arising from this contract, including those concerning the validity of the contract itself, to the exclusion of the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the law of the country in which the consumer has his habitual residence shall remain unaffected in relation to consumers.

 The contract language is German.

  

 

B. Customer information

1. information on the identity of the seller

Sportalm GmbH

Wilhelm Ehrlich Weg 1

A-6370 Kitzbühel

Tel: +43 5356/64361-0

Email: [email protected]

 

 

UID number: ATU 31937606

Place of jurisdiction: A-6370 Kitzbühel

Company register number: FN4582K

Company court: Innsbruck regional court

 

 

Austrian Federal Economic Chamber, legal regulations can be found at: www.ris.bka.gv.at

ECG authority: Municipality of the City of Innsbruck, District Authority of Kitzbühel, District Authority of Schwaz

Managing Director Ulrike Ehrlich

  

 

2. Customer Service

Tel: +43 5356/64361-0

Email: [email protected]

 

3. information on the essential characteristics of the goods or services

The essential characteristics of the goods or services are set out in the respective product description provided by the seller. Sportalm does not guarantee that the information shown in the online shop, such as colours and prices, is complete, up-to-date and correct. Sportalm has exhausted all possibilities to reproduce the product colours of the models shown as faithfully as possible. Colour representations depend on the quality of the computer used by the customer. For this reason, Sportalm does not guarantee that the colours shown in the online shop/website correspond to the actual colours of the models.

4. information on the conclusion of the contract

The contract is concluded in accordance with Section 2 of the seller's General Terms and Conditions (see above).

  

5. information on payment and delivery

Payment shall be made in accordance with Clause 4 and delivery in accordance with Clause 5 of the Seller's General Terms and Conditions (see above).

 

 6. information on the technical steps leading to the conclusion of the contract

The contract is concluded by offer and acceptance. If the customer uses the seller's online order form for his order, he submits his offer as follows:

 On the seller's product offer page, the customer clicks on the ‘Add to shopping basket’ button in the first step. The customer then clicks on the ‘Shopping basket’ button. A new page then opens showing the contents of the shopping basket.

 Now the customer clicks on the ‘Order now’ button in the second step, either directly or after adding further goods to the virtual shopping basket. If the customer has not yet registered and logged in, a new page opens. In an intermediate step, the customer must either register again and open a customer account or log in if they are already registered as a customer. If he is already registered as a customer, he fills in the fields ‘E-mail address’ and ‘Password’ and then clicks on the ‘Log in’ button. If he is not yet registered as a customer, he fills in the form and clicks on the ‘Log in’ button. He then enters his billing address and clicks on the ‘Continue’ button. A new page then opens. After selecting the payment and dispatch method, the customer clicks on the ‘Continue’ button.

 

A new page then opens, summarising the details of the order. In the final step, the customer clicks on ‘Send binding order’. The seller confirms receipt of the electronic order to the customer immediately by email. Acceptance by the seller is subject to section 2.3 of the seller's General Terms and Conditions (see above).

  

7. information on the storage of the contract text

The text of the contract is stored by the seller and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent, together with these General Terms and Conditions and customer information.

  

8. information on the technical means of recognising and correcting input errors

Before submitting a binding order, the customer can correct his entries at any time using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

  

9. information on the languages available for the conclusion of the contract

Only the German language is available for the conclusion of the contract.

  

10. codes of conduct

The seller has not voluntarily submitted to any codes of conduct.