Terms & Conditions
with customer information
Table of Contents
- Scope
- conclusion of contract
- Right to cancel
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Redeeming promotional vouchers
- Redeeming Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Sportheaven GmbH (hereinafter "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise.
1.3 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.4 For the purposes of these General Terms and Conditions, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to purchase the goods and/or services contained in the shopping cart by clicking the button that finalizes the order. Alternatively, the customer can also submit the offer to the seller by email or telephone.
2.3 The seller may 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), in which case the receipt of the order confirmation by the customer is decisive, or
- By delivering the ordered goods to the customer, in so far as the access of the goods to the customer is relevant, or
- by asking the customer to pay after placing his order.
Where several of the above alternatives are present, the contract shall come into force at the time when one of the above alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer and ends with the expiry of the fifth day following the submission of the offer. If the seller does not accept the offer of the customer within the aforementioned deadline, this shall be deemed a rejection of the offer with the result that the customer is no longer bound to his consent.
2.4 If you select a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g., email, fax, or letter) along with these Terms and Conditions after the order has been placed. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account using the corresponding login details, provided the customer created a customer account in the seller's online shop before submitting their order.
2.6 Before submitting a binding order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical aid for better identifying input errors is the browser's zoom function, which enlarges the screen display. The customer can correct their entries during the electronic ordering process using standard keyboard and mouse functions until they click the button that completes the order.
2.7 The German language is available for concluding the contract.
2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at that address. In particular, if using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who are not citizens of a Member State of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which are beyond the seller's control and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also be incurred with regard to money transfers even 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 customer has various payment options available, which are specified in the seller's online shop right at the beginning of the ordering process.
4.4 If advance payment is agreed, payment is due immediately after conclusion of the contract.
4.5 When selecting a payment method offered via the "PayPal" payment service, payment processing is handled by PayPal, which may also utilize the services of third-party payment service providers. If the seller also offers payment methods via PayPal where they provide services to the customer in advance (e.g., purchase on account or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with legally binding effect. However, even in the case of assignment of the claim, the seller remains responsible for general customer inquiries. B. regarding goods, delivery time, shipping, returns, complaints, notices of cancellation and returns or credit notes.
4.6 If you select the payment method “Amazon Payments”, the payment will be processed via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg, subject to the Amazon Payments Europe Terms of Use, which can be viewed at https://payments.amazon.de
4.7 When selecting credit card as the payment method, the invoice amount is due immediately upon conclusion of the contract. Credit card payments are processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the seller has authorized to collect payment on its behalf. PAYONE GmbH will debit the invoice amount from the customer's specified credit card account. The credit card will be charged immediately after the customer submits their order in the online shop. Even when credit card payment via PAYONE GmbH is selected, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, cancellations, and refunds.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods will be delivered to the delivery address specified by the customer. The delivery address provided in the seller's order processing system is decisive for the transaction. However, if PayPal is selected as the payment method, the delivery address registered with PayPal by the customer at the time of payment is decisive.
5.2 If the shipping company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service a reasonable time in advance. Furthermore, this does not apply to the initial shipping costs if the customer effectively exercises their right of withdrawal. Regarding return shipping costs, the provisions set forth in the seller's cancellation policy apply if the customer effectively exercises their right of withdrawal.
5.3 For self-collection, the seller will first inform the customer by email that the ordered goods are ready for collection. After receiving this email, the customer can collect the goods from the seller's premises by prior arrangement. In this case, no shipping costs will be charged.
5.4 Vouchers will be provided to the customer as follows:
- by email
6) Retention of title
If the seller makes advance payments, he reserves title to the delivered goods until the purchase price owed and all associated costs and expenses have been paid in full.
7) Liability for defects (guarantee)
Unless otherwise specified in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.1 If the customer is acting as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- In the case of new goods, the limitation period for defects is one year from delivery of the goods;
- in the case of used goods, the rights and claims due to defects are excluded;
- the statute of limitations does not start again if a replacement delivery takes place within the scope of the liability for defects.
7.2 The aforementioned limitations of liability and reductions of time limits do not apply.
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any existing obligation on the part of the seller to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.4 If the contract is a business transaction for both parties within the meaning of Section 343 Paragraph 2 of the Austrian Commercial Code (AT-UGB), the customer is subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 of the Austrian Commercial Code (AT-UGB). If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.
7.5 If the customer is a consumer, they are requested to report any delivered goods with obvious transport damage to the delivery service and to inform the seller. Failure to do so will not affect their statutory or contractual warranty rights.
8) Redeeming Promotional Vouchers
8.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified promotional period.
8.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction is stated in the content of the promotional voucher.
8.3 Promotional vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
8.4 Only one promotional voucher can be redeemed per order.
8.5 The value of the goods must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the seller.
8.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
8.7 The balance of a promotional voucher will neither be paid out in cash nor accrue interest.
8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
8.9 The promotional voucher is intended for use only by the person named on it. Transfer of the promotional voucher to third parties is prohibited. The seller is entitled, but not obligated, to verify the voucher holder's eligibility.
9) Redeeming Gift Certificates
9.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
9.2 Gift vouchers and remaining balances on gift vouchers are redeemable until the end of the third year following the year of purchase. Remaining balances will be credited to the customer until the expiry date.
9.3 Gift vouchers can only be redeemed before completing the order process. Subsequent crediting is not possible.
9.4 Multiple gift vouchers can be redeemed in one order.
9.5 Gift vouchers can only be used to purchase goods and not to purchase other gift vouchers.
9.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be chosen to pay the difference.
9.7 The balance of a gift voucher will neither be paid out in cash nor accrue interest.
9.8 The gift voucher is transferable. The seller may fulfill their obligations by providing the service to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.
9.9 If the customer returns goods paid for in whole or in part with a gift voucher within their statutory right of withdrawal, the credit balance will be refunded as another gift voucher. If the purchased gift voucher is returned – without being used – within the statutory right of withdrawal, the customer will be refunded the purchase price of this gift voucher.
10) Applicable law
10.1 All legal relations between the parties shall be governed by the laws of the Republic of Austria, excluding the laws on the international sale of goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.
10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal to consumers who, at the time of conclusion of the contract, are not resident in a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are outside the European Union.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu
This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
11.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.