Terms & Conditions
(Version 15.01.2018)
CONTRACTING PARTIES, CONCLUSION OF A SALES CONTRACT
All sales, deliveries and other services to our customers provided via our Webshop https://www.augment-sports.com are subject to these general terms and conditions (hereinafter “GTC”).
Your order in our Webshop constitutes your binding offer to us, Augment Ski GmbH (hereinafter „Augment Ski“ or „us“) to conclude a sales contract with us and you are bound to your offer for a period of seven days. A binding sales contract is established once we have send you order confirmation or if we have delivered the ordered goods to you. For the sake of clarity, the automatic receipt notice of your order per E-Mail does not yet constitute a binding sales contract.
All sales contracts under every order will be subject to these GTC’s and these GTC’s will be included to every sales contract. The sales agreements will be concluded either in German or English language, depending on which language version of our Webshop us being used for each order. If the order is placed on the German language version Webshop, the German version („AGB’s“) of these GTC’s will be applicable. Respectively, these English-language GTC’s will be applicable for all orders placed on the English language version of the Webshop.
PRICE INFORMATION
All prices are given in EUR, including the applicable VAT in Austria. In case of change of VAT the pricing will be adjusted respectively. For the sales for other than private persons, the valid VAT ID information will be required und it will consequently be verified by us. The applicable price shall be the price indicated prior to the issuance of an order. We explicitly retain the right to make any corrections to the pricing due to spelling or technical errors by us.
DELAYS OF DELIVERIES AND ALTERATIONS IN A PRODUCT
Our Webshop is connected to a logistical support system which enables us basically to remove the merchandise not available from our sales offering. However, despite of our efforts situations may occur where we can only deliver with a delay, and in some cases we may even have to admit that the ordered goods are not available. We will use our reasonable efforts with the delayed deliveries to agree on a revised delivery schedule with our customers. If the ordered goods are no more available to us from our suppliers, we are entitled to terminate the sales contract. We are entitled to fulfill an order or a sales contract only for a certain part of it and to deliver the ordered goods in more that one shipment, in which case we bear the costs for such additional shipments.
CUSTOMER’S RIGHT OF WITHDRAWAL
Customer shall have the right to withdraw from the sales contract with 14 days’ notice as defined in the Austrian „Fernabsatzgesetz“. Such right does not exist if the goods were tailored to the customer, or if they are reduced or changed in any manner.
The customer shall return the goods unused and in their original packaging. Then you the customer shall have the right to either order substituting goods (additional delivery costs to be charged), or just to hand back the goods and request for the refund of the payment. If the goods have been used, we are entitled to reduce the the amount of reduced value of the goods from the repayment amount.
Customer’s right if withdrawal does explicitly not apply to any goods which are being returned as incomplete, damaged or dirty, as well as not to any goods which are clearly labelled as outlet goods, or if the goods are one-off or other special batches.
In order to use your right of withdrawal you should send us by regular mail or by Email a written notification thereof (preferably our .pdf Withdrawal-template, to be found under Link: „Returning Customer“ in our Webshop). The 14 days’ period is regarded as complied with if you have send your notification before the expiry of the said period. You should return the relevant goods within 14 days’ period from the date of your notification. The costs of the return will be born by us in Austria and in Germany if you use our Return-Sticker to your shipment. We will not accept returns without the shipment costs paid.
Please address your return notification and the return shipment to the following address:
Augment Ski GmbH
Mittersiller Bundesstrasse 42
5724 Stuhlfelden
Austria
Mail: info@augment-sports.com
You may return the goods personally to the above address within our business hours if you have informed us at least 24 hours in advance on your visit.
NOTIFICATIONS OF DEFECTS/LIMITATIONS OF LIABILITY
The mandatory legal regulation concerning the guarantee of the goods. The guarantee period is 24 months from the date of the receipt of the goods.
Augment Ski shall not be liable for any indirect or consequential damage suffered by customer. Augment Ski’s liability for direct damages is restricted to the total price of the goods customer ordered, apart from the liability imposed by non-discretionary laws and regulations in Austria. We are entitled to replace or to repair the goods.
For the damage occurred during the transportation, the transport service provider shall be liable. Please inspect the goods immediately at the delivery and place a complaint to the transport services provider if necessary. Please do not accept deliveries of goods if the packagings are clearly damaged.
We may agree on commercial guarantees, exceeding the mandatory legal guarantee referred to above, on case-by-case basis, in writing.
PAYMENT
You may pay with credit card, Paypal, or Klarna. We do not deliver per postal demand. In case you wish to pay against an invoice, please order on Webshop as usual and you will reveive a manually produced invoice to your E-mail address. After your payment has been credited to our bank account, we will deliver your ordered goods to the address you indicated in your order.
We review the validity of your credit card, as well as the coverage of order value and the correctness of address information. After your payment has been credited to our bank account, we will deliver your ordered goods to the address you indicated in your order.
You are not entitled to set off any amounts against your receivables from us, unless you have a enforced court title to do so.
RETENTION OF TITLE
The retention of title in favor of us applies in full. The goods remain our sole property and the ownership title will not be transferred before we have received a full payment for the respective goods.
CONSENT FOR DATA PROCESSING
You give us your consent by placing your order to use your personal information for the processing of your order, delivery, accounting, collecting activities, customer service, customer support as well as for the optimization of our sales systems and our marketing measures. We are entitled to store your information electrically und to process the information. Our logistics’ and payment systems‘ partner shall have the respective right, depending of the payment and delivery method of your choice. Further information may be found under Privacy Policy.
We will not give your personal information to third parties for marketing purposes. We only disclose your personal information to service provider which are needed for the carrying out of our obligations arising from your order. However, we assume that you might be interested in receiving relevant marketing information from us in electronic or paper format and that you have given us your consent to send you such information.. You are entitled to withdraw your consent at any time in writing.
GOVERNING LAW
These GTC’s and all contracts concluded under them shall be governed by and construed in accordance with the Laws of Austria, excluding the application of UN Convention of International Sales of Goods. Any dispute, controversy or claim arising out of or relating to these GTC’s shall be settled by and the venue of the proceedings shall be Landesgericht Salzburg.