|
G E N E R A L T E R M S A N D C O N D I T I O N S O F B U S I N E S S (GTB) 1. GTB area of application: These GTBs apply in the respectively valid version for all customers of the company Gaspo Sportartikel- und Gartenmobel GmbH (hereafter "GASPO"), and apply to the services that GASPO provides and operates through the Website BOARDDESIGNER.COM. By filling out and sending in the order form to BOARDDESIGNER.COM, the customer declares to have read and accepted these GTBs.
Headquarters: Peiskam 6, 4694 Ohlsdorf
BOARDDESIGNER.COM is an Internet platform for individually designing snowboards, skateboards and ski boards (hereafter “boards”). By means of an order form, the customer has the opportunity to indicate his concrete wishes regarding the shape and design of a board. At the same time, it is possible for him to transmit to GASPO his own graphics, photos and other digitally recorded or pictorial representations using the order form (order). It is possible to make an order on any Internet-capable PC or on a terminal set up at one of GASPO’s sales partners. If a contract is concluded, GASPO is obligated to manufacture and deliver the individually designed board in the context of the below conditions.
Upon submitting an order form and all attachments / uploads, the customer is making a legally valid and irrevocable offer to buy a board (order) that will be manufactured according to his wishes. Before sending the order form, the customer’s input details are again shown so that he has the opportunity to correct any possible input errors. An order can be made in German, English, French or Italian. Once GASPO receives the order, it is stored. GASPO will check the content of the order within a period of 5 days (acceptance period). GASPO can reject acceptance of a contract without providing the details of any particular reason. Contracts will especially be rejected if the order contains racist, fascist, sexist or pornographic comments or representations. Furthermore, GASPO will not conclude contracts if original trademarks or other rights of third parties are infringed upon with the use and processing of graphic or pictorial representations or texts that have been transmitted. The customer is obligated to check the exclusivity of these kinds of rights infringements before submitting the order. If executing the order is not possible, GASPO will not agree to conclude a contract. The customer agrees that all of the data he has transmitted shall be deleted if GASPO does not agree to conclude a contract. If GASPO agrees to conclude a contract, it will declare the same by e-mail. The customer declares to be in agreement with this form of delivery of the declaration. The contract is legally valid unless GASPO sends a confirmation to the e-mail address that the customer has provided and it is returned immediately to GASPO stating that the e-mail cannot be delivered to the e-mail address that the customer has supplied. The contract shall be concluded in the selected language. The customer’s offer loses its legal validity if a contract is not concluded within the acceptance period. Upon conclusion of the contract, GASPO is obligated to manufacture and deliver a product, which is tailor-made to the customer’s specifications and in accordance with his personal needs. Therefore, it should be particularly noted that the customer’s right of cancellation as defined by § 5f point 3 of the Consumer Protection Law is excluded. Cancellation of his order is also expressly prohibited.
The price for the ordered product can be seen in a price list that can be called up on the Website BOARDDESIGNER.COM. The respective price at the point in time of the conclusion of the contract is considered to be valid. The customer shall pay the price in advance. Payment can occur either by means of transfer of a payment voucher, an on-line transfer (Elba) or with a credit card. Other methods of payment are expressly prohibited. The customer shall make the payment at the point in time of making the order / concluding the contract or directly afterwards. If no contract is concluded, or if the order is not executed for some other reason, the customer will be reimbursed for any payment that has already been received.
The shipment time is 4 weeks from the point in time when GASPO receives the payment price. GASPO will hand the board over to the transportation agency early enough so that the usual circumstances with respect to arrival of the delivery at the location specified by the customer, or at the sales partner, can be counted on within the shipment period. Thus, all customer claims against GASPO are excluded, which could arise from the customer’s reception of the board being delayed. The customer approves of the sending of the board by a transportation agency chosen by GASPO. Once the board is handed over to the transportation agency, the customer assumes the risk of destruction or damage to the board. The place of delivery is basically the location that the customer informs GASPO of when making his order. If an order is made from the terminal of a sales partner, the delivery location of the respective sales partner/branch location is expressly agreed upon. Shipment charges for deliveries within the European Union with an amount starting at €100.00 shall be sent franco domocile. The shipment charges are determined according to the charges made by the respective transportation agency. A freight surcharge will be billed for shipments to countries outside the European Union.
The customer grants GASPO the sole and exclusive right to duplicate any graphic or pictorial representations or text transmitted to GASPO in relation to the order.
GASPO is expressly excluded from liability for input or data transmission errors. Under no circumstances is GASPO liable for indirect damage, consequential damage, or atypical damage, regardless of the type, or for reimbursement of lost profit, lost data or other immaterial values. GASPO is also excluded from liability for the content or use of Internet pages where there is a link leading to the Website BOARDDESIGNER.COM. Liability is likewise excluded for all damage from the use of services offered on the Website BOARDDESIGNER.COM or from the initiation of the contract, or the conclusion or fulfilment of a contract described in these GTBs, as long as no compelling legal regulations oppose the same. Nevertheless if GASPO is still liable, this liability is limited in every case to damage GASPO has caused through deliberate or grossly negligent action. Liability for damage, which can be attributed to slight negligence, is excluded in every case. The customer is liable for all damages in relation to the order that arises to GASPO through storing the transmitted data or some other use of the same. The customer is liable in particular for damage caused by the transmission of computer viruses. The customer is also liable for all damages or expenses arising to GASPO through using or processing any materials provided with the order if the rights of a third party are infringed upon by the same and civilian or legal suits are launched against GASPO as a result. In this case, the customer shall hold GASPO free of any damages or claims.
Under the legally provided conditions, GASPO guarantees the manufacturing of the ordered products. If a contract is concluded, GASPO will process the information transmitted with the order in the same shape and quality as GASPO has received it – if this is technically and legally possible – in accordance with the wishes of the customer. If the delivered board does not correspond with the conceptions of the customer and the customer sends the board back to GASPO, the customer shall bear the return costs. Inquiries concerning the conclusion of the contract can be made by customers at one of the addresses provided at www.gaspo.at or BORDDESIGNER.COM. The data that customers transmit to GASPO shall be treated confidentially. The customer declares to be in agreement that GASPO shall reveal his identity and data to authorities or third parties if this is required or useful in the legal defence or legal enforcement of GASPO. 11. Jurisdiction, choice of law, other: For legal disputes from claims made on services offered on the Website BOARDDESIGNER.COM, or from material initiation of the contract or the conclusion or fulfilment of a material contract, the jurisdiction is agreed to be the relevant responsible court in whose realm the GASPO company branch location is found. If the customer is a consumer as defined by the Consumer Protection Law, this jurisdiction agreement only applies to customer complaints against GASPO. Austrian law exclusively applies to all legal conditions between GASPO and its customers. If individual conditions of this GTB are invalid, the remaining conditions remain fully upheld. The invalid conditions shall be reinterpreted, supplemented or replaced in such a way that the business purpose intended by the same shall be achieved as much as possible. The same applies if it becomes obvious that loopholes need to be closed at the time the contract is executed.
|
