(hereinafter: “standard conditions”) of DeeLuxe Sportartikel Handels GmbH (hereinafter: “DeeLuxe”) for all business transactions between DeeLuxe and Consumers
I. Scope of Application
- DeeLuxe concludes contracts with its Consumers exclusively on the basis of these standard conditions.
- Standard conditions, once agreed upon between DeeLuxe and Consumers are valid for all current and future contracts between these parties. Further reference to these representational standard conditions is not necessary.
- Cancellations, modifications, supplementations or amendments of contracts between DeeLuxe and Consumer are only valid if in writing.
II. Conclusion of Contract and Price Formation
- Offers received by DeeLuxe from its Consumers are only deemed accepted if acceptation is confirmed either by written letter of acceptance or by fulfillment of contract through DeeLuxe.
- Offers of DeeLuxe are without obligation and can be altered or revoked by DeeLuxe even after receipt of Consumer’s answer. All statements in pamphlets, circulars, catalogs, advertisements, price lists etc., are strictly without obligation for DeeLuxe and only binding if explicitly confirmed.
- Technical alterations as well as alterations in color and form or discrepancies from models, specimens or samples of whatever kind, are to be accepted by the Consumer at payment of list price as long as the changes are minor and do not run counter to the intended purpose. If DeeLuxe cannot prove that the change is marginal, reasonable and objectively justified, the Consumer’s permission to the change has to be seeked.
- Prices, payment currency and supplementary services included in the price go according to the publication on DeeLuxe´s official website.
- If contracts are concluded without explicit determination of price, list prices as of the day of offer are deemed agreed upon.
III. Deliveries of Goods/Provision of Services, Passing of Risk, Delay
- Deliveries of goods and provision of services are, particularly concerning delivery clauses, performed in accordance with DeeLuxe´s publication on its website. If not agreed upon otherwise, DeeLuxe is to deliver goods and provide services “ex-stock Kirchbichl or Innsbruck”.
- Place of performance for all obligations of DeeLuxe and the Consumer is AT-6322 Kirchbichl / Austria.
- The risk – also in case of part-delivery – passes over to the Consumer, when the goods leave DeeLuxe´s distribution center. If collection of goods at DeeLuxe´s is agreed, this shall apply as soon as the goods are placed – on time – at Consumer’s disposal.
- A date of delivery or term for delivery is only binding, if it has been expressly declared binding upon conclusion of contract.
- Minor changes in obligations to perform are approved by Consumer beforehand only if they are reasonable and objectively justified.
- If deliveries of goods or provisions of services are delayed due to circumstances for which DeeLuxe is not at fault, the term for delivery/provision is automatically extended accordingly and without need of further notification. In this case, DeeLuxe is not liable for any legal consequences that ensue, not even if DeeLuxe is already in delay with meeting any other obligation. If fulfillment of contract is unduly impeded due to interruption of operation, elemental forces, failure of delivery caused by DeeLuxe’s suppliers etc., DeeLuxe is entitled to rescind the contract under exclusion of claims for damages.
- If DeeLuxe is responsible for the delay, the Consumer may either demand fulfillment of contract or rescind the contract after having set in writing and actually granting an appropriate time limit of at least four weeks. Rescission has to be declared in writing. The right to rescission refers only to the delayed delivery or performance.
- DeeLuxe is entitled to make partial deliveries and to invoice them separately.
- If the Consumer does not accept the goods or services provided according to the contract and at the time or place agreed, DeeLuxe is entitled to rescind the contract after setting and lapse of a time limit of 14 days. In case of imminent danger, DeeLuxe can, at its own discretion, choose to either store the goods or sell, rent or in any other way commercially exploit these “at best” for the account of and at the cost of the Consumer and under exclusion of liability for damages. The Consumer has to carry customary storing and delivery charges.
VI. Payment, Delay of Payment and Set-Off
- Payments can either be made by credit card, PayPal, prepayment, cash on delivery or by payment on open account.
- If one due payment is not made in time, all other outstanding payments are automatically due without further notification.
- Default of payment comes into effect automatically and without notification. A default interest rate of 5 % p.a. above Euribor is agreed upon. In case of default of payment DeeLuxe may demand compound interest, beginning from the day of the delivery.
- In case of default of payment, the Consumer is obliged to carry the demand and collection costs, as far as they are necessary for appropriate prosecution.
- DeeLuxe may demand compensation for non-performance in case of default of payment. DeeLuxe is relieved from its duties to deliver and perform and may withhold uncalled delivery and performance, demand advanced payment or guarantee or withdraw from the contract within adequate additional time. In case of rescission of contract by DeeLuxe, delivered goods are to be returned to DeeLuxe immediately and at cost of the Consumer. All expenses are to be refunded to DeeLuxe and reimbursement is to be paid for decrease in value of the goods. For reimbursement of damages incurred in the above context, the Consumer must immediately and under exclusion of any rights to lower this amount pay, without demanding any further proof, pay a cancellation fee amounting to 20 % of the gross invoice amount.
- If goods are not returned voluntarily, DeeLuxe is entitled to take possession of these goods on its own by resorting to self-help, without entitling the Consumer to any claims of restitution, refraining from action, reimbursement or any other claims under civil law.
V. Reservation of Title
- Goods delivered by DeeLuxe remain unrestricted property of DeeLuxe until claims of DeeLuxe arising from delivery of these goods, including interest, costs and expenses, have been entirely satisfied and until all other present and future financial obligations of the Consumer towards DeeLuxe have been fulfilled completely. The Consumer must, at own cost and upon their own initiative, undertake all necessary steps and actions to ensure the establishment and preservation of DeeLuxe´s reservation of title. Upon request, the Consumer must, at any time, within 24 hours and at their own cost, submit a list of all goods subject to reservation which are in their custody (including dates of sale and invoice numbers).
- Sale, pledge or any other assignment of the goods subject to reservation for security is only permitted with express authorization by DeeLuxe, whereby authorization can be revoked by DeeLuxe informally at any time. The Consumer must inform the purchaser or creditor of DeeLuxe´s reservation of title. DeeLuxe´s consent extinguishes automatically in case of insolvency or of execution proceedings. This notwithstanding the Consumer already now irrevocably offers to assign, for purpose of payment, all claims toward third parties arising from the sale of these goods to DeeLuxe. DeeLuxe can accept this offer for assignment of claims at the cost of the Consumer at any time and without time limit and is entitled to collection of sums due.
- In case of seizure or any other claims regarding the goods delivered, the Consumer must notify DeeLuxe, protect DeeLuxe´s property at the Consumer’s own cost and must indicate the property rights of DeeLuxe to the third party. In case of non-payment of payments due to DeeLuxe, stoppage of payments, opening of insolvency proceedings or execution measures against property subject to reservation, the Consumer must immediately return all goods subject to reservation to DeeLuxe. In absence of any other declaration, a retraction of goods by DeeLuxe is not deemed a rescission of contract. If the goods subject to reservation are separated from the bankruptcy’s estate by DeeLuxe, DeeLuxe is entitled to have them stored at the cost and risk of the Consumer.
- The Consumer may not transfer or assign their rights and obligations arising from a contract with DeeLuxe to any third party without DeeLuxe’s written consent.
- The Consumer is entitled to set-off own claims against claims of DeeLuxe, if DeeLuxe becomes insolvent or if the Consumer’s claims are connected legally to the obligation of DeeLuxe, approved by court or acknowledged by DeeLuxe.
VII. Right of Rescission in the Context of Distance Contracts
- The Consumer can exercise their right of withdrawal from a distance contract within seven working days. Saturday does not count as a working day. The rescinding period of a contract starts on the day the product is dispatched to the Consumer. A statement of withdrawal postmarked within this period is sufficient.
- The right of rescission does not apply to contracts for goods which are individually manufactured to a Consumer’s specification or adapted to meet the personal requirements of the Consumer or which are due to its characteristics not suitable for a return.
- If the Consumer withdraws from a contract, DeeLuxe is obliged to reimburse the sums paid by the Consumer free of charge and has to compensate the Consumer for all necessary and useful expenses incurred in this matter. Step-by-step the Consumer has to return the received goods and must pay a commensurable remuneration for any wear and tear use, including a common value reimbursement. The Consumer must pay for the immediate cost of the return shipment.
- In cases of indemnity, DeeLuxe is not liable for slight negligence. This shall not apply in case of personal injury and for damages to parts taken on for further processing.
- If at all, only in cases of gross negligence DeeLuxe is obliged to pay interest on amounts which are to be refunded upon recession of contract.
IX. Choice of Law and Jurisdiction
- For all contracts concluded between DeeLuxe and the Consumer and for all claims arising from the legally effective existence or non-existence of these contracts, the application of Austrian national law is stipulated, however excluding the provisions of Austrian international private law and those of the United Nations Convention on the International Sale of Goods (UNCITRAL).
- For all legal disputes arising from a contract concluded or to be concluded on the basis of these terms between DeeLuxe and its Consumer, the competent court for Innsbruck/Austria is stipulated and agreed to have exclusive jurisdiction, with reservation of diverging compelling jurisdictions for the Consumer’s domicile or habitual residence.
XI. Data Processing
- In the course of processing data, DeeLuxe files all data relating to its business relationships corresponding to the pending data protection laws; DeeLuxe reserves the right to share this data with a third party.
- All deliveries are carried out at the last disclosed address. The Consumer must notify DeeLuxe of any changes in their delivery address; otherwise, deliveries to the disclosed address are valid.