Terms and conditions of sale and delivery of Zanier Sport GmbH
1.1 The Zanier Sport GmbH (hereinafter “Zanier”) terms and conditions of sale and delivery are effective for the duration of the business relationship between Zanier and the purchaser (hereinafter “Customer”) and thus also for future orders and deliveries, even if in the future these terms are not expressly agreed or laid down, for all deliveries, services and thus also for all related offers and order acceptances. By placing an order, Customer agrees to the concrete terms and conditions of sale and delivery. This is irrespective of the means of communication used to place the order.
1.2. Amendments to these terms and conditions must be made in writing, as does the departure from this requirement. Amendments become a feature of the ongoing business relationship from the date of their validity, if despite specific notification of their right to object, Customer does not object within a period of notice of one month after communication of the amendment.
1.3 Contradictory or diverging terms of Customer shall have no effect. These sales and delivery terms and conditions are also effective, if Zanier is aware of such terms and conditions of Customer and unreservedly carries out delivery to Customer.
1.4 In the event that a term of these sales and delivery terms and conditions is or becomes ineffective, the validity of the other terms remains unaffected.
2. Contract Conclusion
2.1 The prices stated in a Zanier offer or current price list are valid with the reservation that the specifications of the goods on which the offer is based remain unchanged. Zanier’s prices include sales tax or VAT. Not included in the price quote are among others freight, postage and/or dispatch charges and any possible insurance costs.
2.2 Zanier price quotes are generally unbinding and may in seldom cases be flawed, unless their binding nature was explicitly agreed in writing. A binding purchase price is communicated by Zanier with the order confirmation.
2.3 Visual representations in the online shop are not a legally binding offer but act as a symbolic representation of the respective product.
2.4 By clicking the symbol “submit order” the customer’s binding order is submitted.
2.5 A binding confirmation of the order by Zanier and thus the conclusion of contract comes about exclusively with the shipping of the goods and the corresponding confirmation by Zanier. There is no obligation for Zanier to deliver and thus conclude the contract.
3. Right of Withdrawal
Customer has the right to revoke, without giving reasons, any contract with Zanier within fourteen days. The revocation period is fourteen days from the day when Customer, or a third party named by them who is not the carrier, physically takes possession of the last item of an order. To exercise the right of withdrawal, it suffices to inform Zanier of the respective decision to revoke the contract by letter and email (postal address: ZANIER Sport GmbH, SoHo 2.0/Grabenweg 68, 6020 Innsbruck, Austria; email address: email@example.com). A sample form available in the online shop can be used for this purpose, although this is not obligatory. To meet the revocation deadline, it is sufficient that notice of the exercise of the right of withdrawal is sent before the deadline lapses.
3.2 Revocation Consequences
In the event of an effective revocation Zanier will immediately pay back, and at the latest within fourteen days of the day when notice of your revocation of this contract was received, all relevant payments received, including standard delivery costs for the inexpensive standard delivery we offer, however not the costs of special or express deliveries. Zanier uses the same means of payment to pay back Customer that Customer used for the original transaction, unless something else was expressly agreed. Zanier will not charge for the reversed transaction. Repayment will however only be made after the contracted (return) item is received by Zanier or Customer has provided evidence that the return has been sent back, depending on which happens first. All returns must be sent to the following address:
Gebrüder Weiss GmbH
c/o ZANIER SPORT / Lagerlogistik
6060 Hall in Tirol
Customer shall return or give back the goods to Zanier without undue delay and in any case at the latest within fourteen days of the day on which they informed Zanier of the revocation of contract. The deadline is upheld if the goods are sent before the fourteen-day deadline expires. Zanier bears the costs of the return of the goods. The Customer must pay for any possible loss in value of the goods, if this loss in value is due to an unnecessary extent of inspection of the texture, properties and functioning of the goods.
4.1 Deliveries are made ex stock of Zanier to the address provided by Customer (point of delivery). Anything contrary to this must be explicitly confirmed in writing by Zanier. Risk is transferred to Customer, as soon as the goods have been handed over at the point of delivery or as requested by Customer. Customer is informed of the terms of delivery and delivery costs with the order confirmation.
4.2 Customer is obligated to provide a correct address for the point of delivery. If Customer does not meet this obligation, they shall pay the costs of any possible unsuccessful delivery.
4.3 Zanier notifies Customer of the foreseen delivery date. Zanier shall inform Customer in the event of the goods not being available or not being available on time.
4.4 Events of force majeure, general supply problems, political unrest, disruptions with the transportation companies – even if these occur with suppliers – release Zanier from the obligation to deliver for the duration of the disruption and to the extent of its effects. Such events give Zanier the right to withdraw from the contract – if the events are of such a lengthy and unforeseeable duration, that the intended purpose is endangered. In this case, Zanier is not liable for compensation, insofar as there is no gross negligence on the part of Zanier regarding the occurrence of the event or its consequences. Zanier is entitled to make partial deliveries.
4.5. Possible statutory claims of Customer remain unaffected.
5.1 The purchase price is due at the time when the order is placed. Payment can be made using Vorauskassa, PayPal or if agreed to by Zanier by invoice.
5.2 If Customer does not pay on time, or unreservedly or not completely, Zanier is entitled to stop further delivery, unless Zanier has expressly agreed to delayed payment, the reservation or the reduction. Any possible rights of retention and to set-off of Customer are excluded.
5.3 In the case of arrears, Zanier is entitled to charge Customer an interest rate of 8% p.a. and a set compensation rate of Euro 5.00. In addition, Zanier is entitled to retain goods which have not yet been shipped.
5.4. In the event of arrears, Customer is obligated to provide on request the necessary information regarding the existence of goods in their possession which are the property of Zanier. If the arrears continue for more than 3 (three) months, Zanier is entitled to reclaim the goods delivered under retention of title, insofar as they have not yet been paid for. The return of the goods subject to the retention of title does not hold as a withdrawal form contract, unless Zanier has expressly declared the withdrawal in writing. Notwithstanding the payment obligations of Customer, Zanier is entitled to set reclaimed goods under retention of title off at their net value for Zanier at the time they were reclaimed against the purchase price, after Customer was notified of this type of use within a reasonable period for payment.
6.1 The warranty rights of Customer require that they have carried out their immediate inspection and complaints duties. Customer must in any case immediately check that the delivered goods conform to the contract. Notification of obvious defects must be made in writing immediately after receipt of the goods. Other defects must immediately be asserted against Zanier once they are noticed.
6.2 For defects which existed upon delivery, Zanier initially meets the guarantee with a supplementary performance, where Zanier, at their discretion, either performs an improvement to the delivery or a substitute delivery to the value of the order. If the supplementary performance fails, Customer can in principle choose to either request a reduction in payment (reduction) or a revocation of the contract (withdrawal). The right to reduction or withdrawal is excluded if Zanier is not behind schedule with the supplementary performance or the delay is not within Zanier’s domain. A right to withdrawal is not granted if the defect is merely insignificant. Customer carries at all times the burden of proof for the existence of the defect upon delivery.
6.3. If because of a defect Customer chooses to withdraw from the contract after failed supplementary performance, they are not entitled to additional compensation for the defect (damages caused by defects). Claims for compensation for damages or consequential damages by Customer for slightly negligent breach of contractual or statutory obligations by Zanier or their agents and for loss of profit are excluded.
6.4 All claims by Customer for a defect can be asserted judicially for 2 years after delivery of the goods.
6.5 The processing of returns within the warranty framework or for other reasons is exclusively carried out on the basis of the respective provisions for the return of goods which were made known by Zanier.
6.6 Zanier is not liable for damage caused by inadequate storage or improper use of the goods by Customer or third parties; especially if the damages could have been partially or completely avoided if the instructions for use and/or other warning instructions had been complied with and followed.
7.1 Zanier has unlimited liability if the damage is caused by a deliberate or grossly negligent breach of obligation by Zanier, their representative or agent.
7.2 Furthermore, Zanier is liable in cases of slight negligence in the event of breach of essential obligations. Essential obligations are obligations whose breach risks the fulfilment of the purpose of the contract or whose fulfilment makes the proper execution of contract at all possible and where it can generally be assumed that they will be adhered to. In this case Zanier is however only liable for the foreseeable typical contractual damage. In other cases, Zanier is not liable for slight negligence.
7.3 The above-mentioned limitations of liability do not apply to injury to life, limb or health, to a damage after the assumption of a warranty for the quality of a product and for fraudulently concealed defects. Liability pursuant to the Austrian Product Liability Act [Produkthaftungsgesetz] remains unaffected.
7.4 Insofar as liability is excluded or limited by Zanier, this is also applicable to the personal liability of representatives and agents.
8. Retention of Title
8.1 The goods remain the property of Zanier until full payment has been made for all of Zanier’s claims on the date of invoice against Customer.
8.2 The claims of Customer from a possible resale of reserved goods are already assigned to Zanier when an order is placed as security for all claims of Zanier arising from the business relationship. The Customer is only entitled and authorised to resell the reserved goods, if the claim from the resale is transferred to Zanier.
9. Choice of Law, Place of Jurisdiction, Place of Fulfilment
9.1. Austrian Law is applicable. The use of UN sales law is excluded.
9.2 Innsbruck or the general place of jurisdiction of Customer are chosen by Zanier as the places of jurisdiction for all litigation arising from the legal relationship established by the individual order and its acceptance.
9.3 The place of fulfilment for delivery and payment is the place of business of Zanier Sport GmbH.
Innsbruck, in October 2018
Please note that for the purpose of shopping more easily and for the subsequent execution of the purchase agreement within the framework of the online shop, in connection with the use of so-called cookies, the IP data of the user as well as the name, address and credit card number of the purchaser are stored. A transfer of data to third parties does not take place with the exception of the transfer of the credit card number to Zanier’s bank partner for the purpose of debiting the purchase price. After conclusion of the online shop purchase and making complete payment or after the purchasing process is discontinued, the data stored by us is erased. Name, address and credit card number may in some cases be stored until the warranty obligations lapse. Data processing takes place on the basis of the statutory provisions of the Austrian Telecommunication Act, in particular section 96 (3) and the Austrian Data Protection Act, in particular section 8 (3) point 4. If cookies are not accepted, Customer and user of the online shop can change the browser settings accordingly. This can cause changes to the functionality of the online shop.
Alternative dispute resolution pursuant to the Federal Law on Alternative Dispute Resolution in Consumer Affairs (AStG)
Every customer has the option of filing complaints to the online dispute resolution platform of the EU: http://ec.europa.eu/odr.
Complaints can also be sent directly to Zanier: firstname.lastname@example.org.
We are ready to participate in an out-of-court dispute resolution.