GENERAL TERMS AND CONDITIONS
1. SCOPE
All deliveries and services of Sport Huber E.u (wintersport.tv, teamskiwear.com) through the online shop shall be dealt with exclusively on the basis of the general terms and conditions at the time of the particular order. wintersport.tv – teamskiwear.com acknowledges conflicting conditions only if we have expressly acknowledged them in writing.
2. CONTRACT CONCLUSION, CONTRACT LANGUAGE, AND CONTRACT TEXT RECORDS
The presentation of merchandise in the online shop is a non-committal invitation to order goods. By clicking the “Buy” button, you declare that you wish to purchase the ordered goods. After our receival of the offer to purchase, you will receive an automatically generated e-mail with which we confirm that we have received your order. This receipt does not constitute the acceptance of your offer to purchase.
A purchase agreement is only concluded if we explicitly declare acceptance of the offer to purchase or if we ship the goods without prior express declaration of acceptance. The acceptance period within which we can accept your offer to purchase is a maximum of 3 weekdays.
The conclusion of the contract can be effected in English.
The full text of the contract is not saved by us. You can electronically back it up before submitting your order via the print function in your browser.
3. DELIVERY AND SHIPPING COSTS
You will receive your order in one package if possible. We reserve the right to deliver your order in multiple packages if it contains bulky products. This is no disadvantage for you since we pay for the additional shipping costs. Additional dutie costs may apply for non-EU countries; payment will be settled directly with customs or the shipping agent. If duties or handling fees are not paid, all costs for returning the goods will be charged to the customer.
4. PAYMENT OPTIONS
You can choose from different payment methods: Pay in advance (money transfer), PayPal and credit card,. We reserve the right to reject certain payment methods. If you choose to pay in advance, you will receive our bank information together with the order confirmation. The money transfer is to be made to the indicated account within 7 days.
5. FALSITIES
We consider obvious errors, translation errors, mistakes in writing, misprints or calculation errors occurring while offering products or processing orders to be non-binding.
6. INSTRUCTIONS ON CANCELLATIONS
Right of Cancellation
You have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days, starting from the day you, or the recipient, received the entire order.
To exercise the right of cancellation, you must inform us (Sport Huber e.U., Gerlos 172, 6281 Gerlos, Austria, Tel. 0043 5284 5221 60, E-Mail: info@wintersport.tv) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the page Orders and Returns on cancellation, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of revocation before the cancellation period has expired.
Effects of Cancellation
If you withdraw from this contract, we shall reimburse all payments received from you, excluding the costs of delivery when order was shipped, without undue delay and in any event, no later than 14 days from the date on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever happens first.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We not will cover cost of returning the goods for all deliveries.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exclusion of Cancellation
Right to withdrawal does not apply for contracts:
• if the delivered product has been manufactured according to specifications by the purchaser, or if it has been changed due to the purchaser’s personal requirements, or if it has never been meant to be returnable due to product properties
• if the delivered product is an audio or video storage medium or software and has been unsealed by the recipient
• if the delivered product is a newspaper, journal or magazine
7. RESERVATION OF TITLE
The delivered goods remain our property until full payment of the purchase price has been received.
8. RESERVATION IN THE EVENT OF NON-AVAILABILITY
Availability of certain goods offered in our online shop cannot be guaranteed in special events. We therefore reserve the right to cancel the service in the event of non-availability. In this case, we will inform you immediately and refund any payments that have already been submitted.
9. LIABILITY
For negligent breaches of the contract’s main obligations, our liability is limited to average foreseeable and direct losses that are typical both for the contract and the nature of the goods. This limited liability also applies to negligent breaches of obligations caused by our legal representatives or auxiliary staff.
For the rest, we are liable according to legal regulations if the contractual partner asserts compensation claims for damages or losses which are the result of intent or gross negligence, including the result of intent or gross negligence caused by our legal representatives or auxiliary staff. If we are not charged with grossly negligent or intentional breaches of duty, our liability is limited to average foreseeable damages which might be typical for these circumstances.
The above limitations of liability do not apply when damages or losses are caused by injury to life, body or health.
10. WARRANTY
In the case of defects in delivered goods, statutory rights apply.
11. COMPLAINTS
The European Commission provides a platform for out-of-court online dispute settlement, which is available at www.ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in this dispute settlement process.
You can contact us by e-mail at info@wintersport.tv. We endeavor to settle possible differences of opinion regarding our contract by means of mutual agreement.
12. DATA STORAGE
We would like to point out that entered data is processed and stored using electronic data processing equipment. Personal data is kept confidential and used for business purposes only. Find out more here:Â Data protection
13. APPLICABLE LAW
The law of the Federal Republic of Austria applies excluding the CISG (United Nations Convention on Contracts for the International Sale of Goods), unless mandatory international consumer law dictates otherwise.