Terms of service

General Terms and Conditions

I. Scope

All deliveries, services, and offers of our company are subject exclusively to these terms and conditions. We do not recognize any conflicting or deviating terms and conditions of the customer unless we have expressly agreed to their validity. Actions taken by us to fulfill the contract do not constitute acceptance of any terms and conditions that deviate from our own. These terms and conditions also apply as a framework agreement to all further legal transactions between the contracting parties.

II. Conclusion of Contract

A customer's offer requires an order confirmation. Dispatch of the goods ordered by the customer also constitutes acceptance of the offer. If offers are submitted to us, the offeror is bound by them for a reasonable period, but at least 8 days from receipt of the offer.

III. Price

Unless expressly stated otherwise, all prices quoted by us include value-added tax (VAT). Should labor costs change due to collective bargaining agreements within the industry or internal company agreements, or should other cost centers relevant to the calculation or necessary for the provision of services, such as those for materials, energy, transport, subcontracting, financing, etc., change, we are entitled to adjust our prices accordingly. Section III does not apply to consumer transactions.

IV. Terms of Payment, Default Interest

Unless otherwise agreed, our invoices are payable in cash upon delivery of the goods. Cash discounts require a separate agreement. In the event of late payment, including partial payments, any agreed cash discounts will be forfeited. Customer payments are only considered received upon deposit into our business account. In the event of late payment by the customer, we are entitled, at our discretion, to claim compensation for the actual damages incurred or default interest at the statutory rate. In the event of late payment by the customer, our company is also entitled to charge compound interest from the date of delivery of the goods.

V. Contract Termination

In the event of default of acceptance (Section VII) or other important reasons, such as, in particular, the customer's bankruptcy or the rejection of bankruptcy proceedings due to insufficient assets, as well as in the event of the customer's default of payment, we are entitled to terminate the contract, provided it has not yet been fully performed by both parties. In the event of termination, if the customer is at fault, we have the option of claiming liquidated damages of 15% of the gross invoice amount or compensation for the actual damage incurred. In the event of the customer's default of payment, we are released from all further performance and delivery obligations and are entitled to withhold any outstanding deliveries or services and to demand advance payments or security, or, after setting a reasonable grace period, to terminate the contract. If the customer terminates the contract without being entitled to do so, or requests its cancellation, we have the option of insisting on performance of the contract or agreeing to its cancellation. In the latter case, the customer is obligated, at our discretion, to pay either liquidated damages amounting to 15% of the gross invoice amount or the actual damages incurred.

VI. Right of Withdrawal/Cancellation

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last goods. To exercise your right of withdrawal, you must inform us, Sporthandel Jakubec & Partner KG, A 3100 St. Pölten Handel Mazzettistr. 24, office@eissport.at, Tel. +43 664 6412436, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. You can also electronically fill out and submit the cancellation form or another clear statement on our website <a href="https://shop.eissport.biz/Blade-Runners-revocation" title="https://shop.eissport.biz/Blade-Runners-revocation"></a>If you use this option, we will immediately send you an email confirming receipt of your cancellation. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.

You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods beyond what is necessary to ascertain their nature, characteristics, and functioning.

The right of withdrawal is excluded for the following types of contracts:

Contracts for the supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer, such as custom-made shoes and clothing.

End of the cancellation policy:

This regulation applies to both Austrian and German consumers. If the customer is an entrepreneur as defined in Section 1 of the Austrian Consumer Protection Act (or Section 14 of the German Civil Code), cancellation is completely excluded. The court with subject-matter jurisdiction for A-3100 St. Pölten is agreed as the place of jurisdiction for merchants or legal entities. For all others, the place of jurisdiction is determined by the statutory provisions.

VII. Dunning and Collection Expenses

In the event of default, the contracting party (customer) is obligated to reimburse the creditor for all dunning and collection expenses incurred, insofar as they are necessary for the appropriate pursuit of legal action. Specifically, the customer is obligated to reimburse the creditor for the fees of any collection agency engaged, up to the maximum rates stipulated in the Austrian Federal Ministry for Economic Affairs and Labour (BMwA) regulation on maximum fees for collection agencies. If the creditor handles the dunning process internally, the debtor is obligated to pay EUR 10.90 for each dunning letter sent, as well as EUR 3.63 per six-month period for maintaining records of the debt.

VIII. Delivery, Transport, and Default of Acceptance

Our sales prices do not include costs for delivery, assembly, or installation. However, these services can be provided or arranged by us upon request for an additional fee. For transport and delivery, the actual costs incurred, including a reasonable handling fee, will be charged. However, at least the freight and haulage rates applicable or customary for the chosen mode of transport on the day of delivery will be charged. Assembly work will be billed according to time spent, with an industry-standard hourly rate considered agreed upon.

If the customer fails to accept the goods as agreed (default of acceptance), we are entitled, after setting a reasonable grace period without success, to either store the goods ourselves, for which we will charge a storage fee of 0.1% of the gross invoice amount per commenced calendar day, or to store them at the customer's expense and risk with an authorized commercial agent. At the same time, we are entitled either to insist on performance of the contract or, after setting a reasonable grace period of at least two weeks, to withdraw from the contract and dispose of the goods elsewhere.

IX. Delivery Period

We are only obligated to perform the services once the customer has fulfilled all obligations necessary for their execution, in particular all technical and contractual details, preliminary work, and preparatory measures. We are entitled to exceed the agreed dates and delivery periods by up to one week. Only after this period has expired and the customer has set a reasonable grace period can the contract be terminated.

X. Place of Performance

The place of performance is the registered office of our company.

XI. Minor Changes to Performance

In the case of a consumer transaction, minor or other changes to our performance or delivery obligations that are reasonable for our customers are deemed to be approved in advance. This applies in particular to deviations inherent to the nature of the goods (e.g., in dimensions, colors, materials, and structure, etc.).

XII. Damages

All claims for damages are excluded in cases of slight negligence. This does not apply to personal injury or, in the case of consumer transactions, to damage to goods accepted for processing. Unless the transaction is a consumer transaction, the injured party must prove the existence of slight or gross negligence. Unless the transaction is a consumer transaction, the limitation period for claims for damages is three years from the transfer of risk. The provisions regarding damages contained in these terms and conditions or otherwise agreed upon also apply if the claim for damages is asserted alongside or instead of a warranty claim. Before connecting or transporting IT equipment or installing computer programs, the customer is obligated to adequately back up the existing data on the computer system; otherwise, the customer is responsible for any lost data and all related damages.

XIII. Product Liability

Recourse claims within the meaning of Section 12 of the Product Liability Act are excluded unless the party entitled to recourse proves that the defect originated within our sphere of responsibility and was caused by at least gross negligence.

XIV. Retention of Title and its Enforcement

All goods are delivered by us subject to retention of title and remain our property until full payment has been received. The enforcement of the retention of title constitutes a withdrawal from the contract only if this is expressly declared. In the event of returned goods, we are entitled to charge for any incurred transport and handling expenses. In the event of third-party access to the goods subject to retention of title – in particular through attachments – the customer is obligated to point out our ownership and to notify us immediately. If the customer is a consumer or not a business whose ordinary course of business includes trading in the goods purchased from us, they may not dispose of the goods subject to retention of title until the outstanding purchase price has been paid in full, in particular they may not sell, pledge, give away, or lend them. The customer bears the full risk for the goods subject to retention of title, in particular the risk of destruction, loss, or deterioration.

XV. Assignment of Claims

In the case of delivery under retention of title, the customer hereby assigns to us, as security for payment, all claims against third parties arising from the resale or processing of our goods, until our claims have been paid in full. The customer must, upon request, provide us with the names of their customers and notify them of the assignment in a timely manner. The assignment must be recorded in the accounting records, in particular in the accounts receivable ledger, and made visible to the customer on delivery notes, invoices, etc. If the customer is in default of payment to us, the sales proceeds received by the customer must be segregated and held by the customer solely on our behalf. Any claims against an insurer are hereby assigned to us within the limits of Section 15 of the Austrian Insurance Contract Act. Claims against us may not be assigned without our express consent.

XVI. Retention of Payment

If the transaction is not a consumer transaction, the customer, in the event of a justified complaint, is entitled to retain only a reasonable portion of the gross invoice amount, except in cases of rescission.

XVII. Choice of Law, Jurisdiction

Austrian law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. The language of the contract is German. The parties agree to Austrian jurisdiction. If the transaction is not a consumer transaction, the court with subject-matter jurisdiction at the registered office of our company shall have exclusive local jurisdiction for all disputes arising from this contract.

XVIII. Data Protection, Change of Address, and Copyright

The customer consents to the automated storage and processing of their personal data, including data contained in the purchase agreement, for the purpose of fulfilling this contract. The customer is obligated to notify us of any changes to their residential or business address until the contractual transaction has been fully performed by both parties. If notification is omitted, declarations shall be deemed to have been received even if sent to the last known address. Plans, sketches, and other technical documents, as well as samples, catalogs, brochures, illustrations, and the like, shall remain our intellectual property at all times. The customer receives no rights of use or exploitation of any kind.

XIX. Miscellaneous

Prices are subject to change without notice. Errors and omissions excepted.

All rights to the texts, photos, drawings, and graphic design used are reserved. Any reproduction or other use, except for personal use, is prohibited without our express consent.

XX. Warranty

All goods from our shop are subject to statutory warranty rights.

XXI. Payment and Delivery Terms

For consumer transactions, payment is due in advance. The amount should be transferred to the account at Sparkasse St. Pölten, Sporthandel Jakubec & Partner KG, IBAN: AT102025600500003025, SWIFT/BIC: SPSPAT21, or via PayPal. Payment by credit card is also possible.