Terms and Conditions with Customer Information

  1. Scope of Application

    1.1. These General Terms and Conditions (GTC) govern the business relationship between Paragliding service Owner: Eugen Wolf, Quadernstr. 20, 6824 Schlins (hereinafter “Seller”) and the customer (hereinafter “Customer”) exclusively in their current version at the time of the order.

    1.2. A consumer, as defined in these GTC, is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur is a natural or legal person or a legal partnership that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

    1.3. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.

  2. Offers and Service Descriptions

    2.1. The presentation of products in the online shop is not a legally binding offer but an invitation to place an order. Descriptions in catalogs and on the seller’s websites do not constitute a guarantee or assurance.

    2.2. All offers are valid “while stocks last,” unless otherwise stated. Errors are reserved.

  3. Order Process and Conclusion of Contract

    3.1. The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart by clicking the [Add to Cart] button. The product selection can be changed within the shopping cart, e.g., deleted. The customer can then proceed to the order process within the shopping cart by clicking the [Proceed to Checkout] button.

    3.2. By clicking the [Submit Order] button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and return to the shopping cart using the browser’s “back” function or cancel the entire ordering process. Mandatory information is marked with an asterisk (*).

    3.3. The seller then sends the customer an automatic acknowledgment of receipt by email, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller has dispatched, handed over, or confirmed the dispatch to the customer within 2 days of the order, with a second email, an express order confirmation, or by sending the invoice. Acceptance can also be made through a payment request addressed by the seller to the customer, and, at the latest, by the completion of the payment process. In the case of multiple acceptance processes, the earliest acceptance time is decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded, and the customer is no longer bound by his offer.

    3.4. In the case of customers who are entrepreneurs, the aforementioned deadline for dispatch, handover, or order confirmation is seven days instead of two.

    3.5. If the seller allows advance payment, the contract is concluded with the provision of bank details and a payment request. If payment is not received by the seller within 10 calendar days after sending the order confirmation, despite a renewed request, the seller withdraws from the contract, as a result of which the order is void, and the seller is not obliged to deliver. In this case, the reservation of the item for advance payments lasts a maximum of 10 calendar days.

  4. Prices and Shipping Costs

    4.1. All prices stated on the seller’s website include the applicable statutory value-added tax.

    4.2. In addition to the prices stated, the seller charges shipping costs for delivery. The shipping costs are communicated to the buyer on a separate information page and within the order process.

  5. Delivery, Product Availability

    5.1. If prepayment is agreed, delivery will be made after receipt of the invoice amount.

    5.2. If the delivery of the goods fails due to the fault of the buyer, despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the customer immediately.

    5.3. If the ordered product is not available because the seller is not supplied with this product by its supplier without its own fault, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the customer does not wish a delivery of a comparable product, the seller will refund the customer the payments made without delay.

    5.4. Customers are informed about delivery times and delivery restrictions (e.g., restrictions on deliveries to certain countries) on a separate information page or within the respective product description.

    5.5. In the case of customers who are entrepreneurs, the risk of accidental loss and accidental deterioration of the goods is transferred to the buyers as soon as the seller has delivered the item to the carrier, the freight forwarder, or the person or institution designated to carry out the shipment; the specified delivery dates and deadlines are not fixed dates unless otherwise agreed and confirmed.

    5.6. Delivery and performance delays due to force majeure and due to unforeseeable events that significantly impede or make it impossible for the seller to deliver, even if binding deadlines and dates have been agreed, the seller is not responsible for, even for customers who are entrepreneurs. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable lead time. The right to postpone the deadline applies to customers who are entrepreneurs even in cases of unforeseeable events that affect the operation of a upstream supplier and are not responsible for either the supplier or the seller. During this impediment, the customer is also released from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, he can withdraw from the contract by giving written notice to the seller after setting a reasonable deadline or with the seller’s mutual agreement.

  6. Payment Methods

    6.1. The customer can choose from the available payment methods within the framework and before the completion of the ordering process. Customers are informed about the available payment methods on a separate information page.

    6.2. If payment by invoice is possible, payment must be made within 30 days of receiving the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

    6.3. If third-party providers are commissioned with payment processing, e.g., PayPal, their general terms and conditions apply.

    6.4. If the due date of the payment is determined by the calendar, the customer is already in default if the date is missed. In this case, the customer must pay the statutory default interest.

    6.5. The customer’s obligation to pay default interest does not exclude the assertion of further default damages by the seller.

    6.6. The customer is only entitled to set-off if his counterclaims have been legally established or are undisputed. The customer can only exercise a right of retention if his claims result from the same contractual relationship.

  7. Retention of Title
    Until complete payment is made, the delivered goods remain the property of the seller. For customers who are entrepreneurs, the following applies additionally: The seller reserves ownership of the goods until all claims from an ongoing business relationship are fully settled. The buyer is obligated to handle the purchased item with care as long as ownership has not yet passed to him. In particular, he is obliged to adequately insure the item at his own expense against theft, fire, and water damage, as appropriate or customary. Maintenance and inspection work must be carried out by the buyer at his own expense and in a timely manner. The processing or transformation of reserved goods by the customer is always done for the seller. If the reserved goods are processed with other items not belonging to the seller, the seller acquires co-ownership of the new item in proportion to the value of the reserved goods to the other processed items at the time of processing. The same applies to the item resulting from processing as to the reserved goods. The customer also assigns the claims to secure the claims against him that arise from the connection of the reserved goods with real property to a third party. Third-party access to goods owned or co-owned by the seller must be promptly reported by the customer. The costs arising from such interventions, such as third-party opposition proceedings or costs for out-of-court release, are borne by the customer. The customer is entitled to resell the reserved goods in the ordinary course of business. The customer assigns the claims arising from the resale or other legal grounds regarding the reserved goods (including all balance claims from current account) to the seller in full as security. The seller revocably authorizes the customer to collect the assigned claims for his account and in his own name. This collection authorization can be revoked if the customer does not properly fulfill his payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer’s request, to the extent that their total sales value exceeds the sum of all still outstanding claims of the seller from the business relationship by more than 10% (in the presence of a realization risk by more than 50%). The selection of the securities to be released is the responsibility of the seller. With the repayment of all claims of the seller from delivery transactions, ownership of the reserved goods and the assigned claims pass to the buyer. The selection of the securities to be released is the responsibility of the seller.

    8. Customer Account

    8.1 The seller provides the customer with a customer account. Within the customer account, customers are provided with information about orders and their customer data stored with the seller. The information stored in the customer account is not public.

    8.2 In order to place an order, customers must create a customer account. Guest orders are not possible. / Customers can place an order as a guest without having to create a customer account.

    8.3 Customers are obliged to provide truthful information in the customer account and to update the information if necessary due to changes in actual circumstances (e.g., changed email address in the event of a switch or changed postal address before placing an order). Customers are responsible for any disadvantages arising from incorrect information.

    8.4 The customer account may only be used in accordance with applicable legal regulations, in particular the regulations for the protection of third-party rights, and in accordance with the seller’s terms and conditions, using the access masks provided by the seller and other technical access options. Another form of use, especially by external software such as bots or crawlers, is prohibited.

    8.5 To the extent that customers store, provide, or otherwise set content or information (“Content”) within the customer account, customers are responsible for this information. The seller does not adopt the content of the customers. However, the seller reserves the right to take appropriate measures depending on the degree of the infringement risk posed by the content, especially the risk to third parties. Depending on the criteria of necessity, appropriateness, care, objectivity, reasonableness, and the interests of all parties involved, especially the fundamental rights of customers, these measures may include (partial) deletion of content, action and explanation requests, warnings and admonitions, as well as bans.

    8.6 Customers can terminate the customer account at any time. The seller can terminate the customer account at any time with reasonable notice, usually two weeks. The termination must be reasonable for the customer. The seller reserves the right to terminate for extraordinary reasons.

    8.7 From the time of termination, the customer account and the information stored in the customer account are no longer available to the customer. It is the customer’s responsibility to secure his data when terminating the customer account.

    9. Warranty for Material Defects and Guarantee

    9.1 The warranty (liability for material defects) is determined, subject to the following regulations, according to legal provisions.

    9.2 A guarantee exists for the goods delivered by the seller only if expressly given. Customers are informed about the guarantee conditions before initiating the ordering process.

    9.3 If the customer is an entrepreneur, he must examine the goods immediately, without prejudice to statutory notification obligations, and report any recognizable material defects to the supplier immediately, but no later than two weeks after delivery, in writing. Commercially customary, permissible, or slight deviations in quality, weight, size, thickness, width, equipment, patterning, and color, according to quality standards, are not defects.

    9.4 If the customer is an entrepreneur, the choice between rectification or replacement of defective goods is made by the seller.

    9.5 Material defects, regardless of the liability regulations of these terms and conditions for customers who are entrepreneurs, generally expire one year after the transfer of risk, unless longer periods are mandatorily prescribed by law, especially in the case of special regulations for the recourse of the entrepreneur. For used goods, warranty claims by customers who are entrepreneurs are excluded.

    9.6 If the customer who is an entrepreneur has installed the defective item in another item or attached it to another item in the sense of § 439 (3) BGB according to its nature and intended use, the seller, subject to an explicit agreement and without prejudice to other warranty obligations, is not obligated to reimburse the customer for the necessary expenses for the removal of the defective item and the installation or attachment of the reworked or defect-free item. Accordingly, the seller is also not obliged to compensate for expenses for the removal of the defective item and the installation or attachment of the reworked or defect-free item in the context of recourse by the customer in the supply chain (i.e., between the customer and his customers).

    10. Liability

    10.1 Regardless of other legal prerequisites for claims, the following liability exclusions and limitations apply to the seller’s liability for damages.

    10.2 The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.

    10.3 Furthermore, the seller is liable for the negligent breach of essential obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies. In this case, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slight negligent breach of obligations other than those mentioned in the preceding sentences.

    10.4 The above liability limitations do not apply in the case of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

    10.5 To the extent that the seller’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

    11. Storage of the Contract Text

    11.1 The customer can print out the contract text before submitting the order by using the print function of his browser in the last step of the order.

    11.2 The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, but at the latest upon delivery of the goods, the customer also receives a copy of the GTC including the revocation instruction and the information on shipping costs and delivery and payment conditions. If you have registered in our shop, you can view your orders in your profile area. Furthermore, we save the contract text, but do not make it accessible on the internet.

    11.3 Customers who are entrepreneurs can receive the contract documents by email, in writing, or by referring to an online source.

    12. Final Provisions

    12.1 If the buyer is an entrepreneur, the place of performance is the registered office of the seller, unless otherwise agreed or mandatory legal provisions exist. The place of jurisdiction is the registered office of the seller if the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the customer does not have a general place of jurisdiction in the seller’s country of residence. The seller reserves the right to choose another permissible place of jurisdiction.

    12.2 In the case of entrepreneurs, the law of the Republic of Austria applies, excluding the UN Sales Convention, unless there are mandatory legal provisions to the contrary.

    12.3 The contract language is German.

    12.4 Platform of the European Commission for online dispute resolution (ODR) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.