General terms and conditions of business
with customer information
Table of Contents
1. scope of application
2. conclusion of contract
3. right of cancellation
4. prices and terms of payment
5. Delivery and dispatch conditions
6. reservation of title
7. liability for defects
8. Applicable law
9. place of jurisdiction
10. alternative dispute resolution
11. code of conduct
1) scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Philipp Thomas Frischkorn Go7Sports (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the online shop www.go7sports.com. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
2) conclusion of contract
2.1 The seller's product descriptions displayed at go7sports.com do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit his offer via the online order form provided at go7sports.com. After placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
– by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
– by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
– by requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 The text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent, together with these General Terms and Conditions and customer information. The seller shall not make the text of the contract available beyond this.
2.5 Before placing a binding order, the customer can recognise possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the browser's magnification function, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Orders are processed and contact is made 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 can be delivered.
3) right of cancellation
3.1 Consumers are generally entitled to a right of cancellation.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4) prices and terms of payment
4.1 The prices quoted by the seller are total prices and include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) are communicated to the customer in the seller's product description.
5) Delivery and dispatch conditions
5.1 Die Lieferung von Waren erfolgt auf dem Versandweg an die vom Kunden angegebene Lieferanschrift, sofern nichts anderes vereinbart ist. Bei der Abwicklung der Transaktion ist die in der Bestellabwicklung bei go7sports.com angegebene Lieferanschrift maßgeblich.
5.2 Goods that are delivered by a forwarding agent are delivered "free kerbside", i.e. to the public kerbside nearest to the delivery address, unless otherwise stated in the seller's product description at go7sports.com and unless otherwise agreed.
5.3 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provision in the seller's cancellation policy shall apply to the return costs.
6) reservation of title
If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
7) liability for defects
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 This does not apply to used goods: Claims for defects are excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. However, the reduction of the liability period to one year does not apply.
– for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
– for claims for damages and reimbursement of expenses by the customer, and
– in the event that the seller has fraudulently concealed the defect.
7.3 If the customer is acting as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
8) Applicable law
8.1 The law of the Federal Republic of Austria shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
8.2 Furthermore, this choice of law with regard to the statutory right of cancellation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
9) place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Austria, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller shall in any case be entitled to appeal to the court at the customer's place of business.
10) alternative dispute resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
11) code of conduct
The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Commerce", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
