Terms and Conditions with Customer Information
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.
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.
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.
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.
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.
6.1. 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.
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.