Conditions of Use

Terms & conditions and customer information

Table of contents:

A. Terms & conditions

1. Applicability
2. Conclusion of the contract
3. Costsof return shipment upon exertion of the right of cancellation
4. Prices and terms of payment
5. Delivery and shipping terms
6.Reservation of proprietary rights
7.Liability for defects
8.Applicable law

B. Customer information

1. Information about the vendor
2.Information about the essential characteristics of thegood or service
3. Information about the conclusion of the contract
4. Information about payment and delivery
5. Information about the technical steps involved in concluding the contract
6. Information about saving the text of the contract
7. Information about the technical means of identifying and correcting data entry errors
8. Information about the languages available for concluding the contract

A. Terms and conditions

1. Applicability
1.1.The vendor’s terms and conditions apply to all agreements made between the customer and the vendor regarding products and/or services from
the online shop of the vendor. The customer’s own
conditions do not apply unless otherwise agreed.

1.2.
Customers under 1.1. include both consumers and entrepreneurs. Aconsumer is
any natural person who makes a legal transaction for a purpose that cannot be attributed to his or her commercial or freelance professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction

2. Conclusion of the contract
2.1. The product and service descriptions displayed in the online shop of the vendor do not constitute binding offers on the part of the vendor but serve only for the purpose of the submission of a contractually binding offer by the customer.

2.2. The customer may place an offer by telephone, letter, email or via the online order form of the online shop of the vendor. If the customer orders using
the online order form, the order is deemed to be a legally binding offer to buy the products and services in his or her
shopping basket upon submitting his or her
details and clicking “order” in the final step of the ordering process.

2.3. The vendor may accept the customer’s offer in writing (letter) or by electronic confirmation (fax or email) or – should the customer have ordered goods – by delivering the goods within the next five days. The vendor is entitled to refuse the order.

2.4. The ordering process and contact with the customer usually take place via email and an automated ordering process. The customer must make sure that the email address provided when ordering is correct, so that he or she receives all emails sent by the vendor. The customer should also take particular care to make sure that emails sent by the vendor or any third party involved in the ordering process will not be blocked by his or her SPAM filter.

 

3. Costs of return shipment upon exertion of the right of cancellation
In the event that the customer has made a binding offer to buy a product and wishes to exercise his/her right of cancellation, he/she will bear the routine costs of the return shipment provided the goods have been delivered as ordered and the price of the goods does not exceed 40 euros, or in the case of merchandise with a higher value, if at the time of cancellation the customer has not yet provided the payment or a partial payment agreed upon by contract. In any other case, return shipment is paid by the vendor.

4. Prices and terms of payment
4.1. All prices provided by the vendor are final prices. VAT is specified provided that the goods on offer are not subject to the Austrian positive difference taxation (Differenzbesteuerung).
Any additional costs for delivery or shipment are indicated in the product or service description.

4.2. Unless otherwise stated in the product or service description, the vendor offers the following payment possibilities: advance payment by transfer, credit card (Visa, Mastercard, American Express) or Paypal

4.3. There may be additional costs, e.g., additional taxes and/or charges such as custom duty for delivery outside the European Union.

4.4. If advance payment has been agreed, the payment shall take place immediately after conclusion of the contract.

4.5. If payment is by credit card, the customer’s credit card will be debited as soon as the contract is concluded.

4.8. The customer is only entitled to offset payment if the counter-claim is undisputed, established in law or acknowledged by the vendor.

4.9. The customer may only exercise a right of retentionas regards claims from the same contractual relationship.

5. Delivery and shipping terms
5.1. The following delivery and shipping terms apply to the purchase of goods:

5.1.1. In principle, the goods are delivered to the address and via the method of delivery specified by the customer. The delivery address submitted in the ordering process applies for the processing of the transaction, unless the customer chooses to pay via Paypal, in which case the delivery address he/she has registered with Paypal applies.

5.1.2. If delivery is not possible, the transport company in charge of the shipment shall send the goods back to the vendor, whereby the customer shall bear the cost of the unsuccessful shipment. This does not apply if the customer was temporarily unavailable to receive the delivered goods, except if the vendor had notified him/her in due time or if the customer hereby exercises the right to cancellation.

5.2.3. If delivery is not possible, the transport company in charge of the shipment shall send the goods back to the vendor, whereby the customer shall bear the cost of the unsuccessful shipment. This does not apply if the customer was temporarily unavailable to receive the delivered goods, except if the vendor had notified him/her in due time or if the customer hereby exercises the right to cancellation.

6. Reservation of proprietary rights
In the case of a contract regarding the purchase of goods, the goods shall remain property of the vendor until complete payment has been made.

7. Liability for defects

Legal liability for defects is applicable.

8. Applicable law

8.1. All legal relationships of the parties are subject to the law of the Republic of Austria, with the exception of laws on the international purchase of movable goods. For consumers this choice of law is applicable only insofar as the provided protection is not withdrawn due to binding statutes of the law of the state in which the consumer usually resides.

8.2. If the customer is an entrepreneur, a legal person under public law or a special fund under public law, the exclusive competent court of jurisdiction for all disputes arising from the present contract shall be the court of jurisdiction of the vendor. The same shall apply if the customer does not have a place of general
jurisdiction in Austria or in the EU, or if his/her
domicile or usual place of residence is unknown at the time of filing the action. This does not affect the right to
appeal to
a court in another place of jurisdiction.

8.3. The contract language is German. Translations into other languages are not legally binding.

B. Customer information

1. Information about the vendor
Acro Gear e.U.,
Johann-Scheiber-Weg 5
9554 St. Urban, Austria.

Tel.: +43 (0)664 4106978
Email: contact@acro-gear.com
Tax ID No. ATU 68637433

2. Information about the essential characteristics of the good or service

The essential characteristics of the good or service can be found in the respective product description provided by the vendor.

3. Information about the conclusion of the contract

Conclusion of the contract occurs according to clause 2 of the vendor’s terms and conditions (see above).

4. Information about payment and delivery

Payment is carried out according to clause 4 and delivery according to clause 5 of the vendor’s terms and conditions (see above).

5. Information about the technical steps involved in concluding the contract

Conclusion of the contract occurs with an offer and acceptance of the offer.

5.1. If the customer is ordering via the vendor’s online order form, he/she shall submit his/her offer as follows:

5.1.1. On the vendor’s offer page, the customer first of all clicks on “shopping basket”. This opens a new page showing the contents of the shopping basket.
5.1.2. The customer then clicks “buy now”, either directly or after having
added more goods to the virtual
shopping basket. If the customer has not yet registered or logged in, a new page will open. This intermediate step enables the customer to either register by opening a new customer account, register for a guest order or log in if he/she is already registered as a customer. If he/she is already registered as a customer, he/she fills in the fields “your email address” and “your password” and then clickslog in”. If he/she is not yet registered as a customer, he/she clicksnext”. Then the customer can choose – by clicking the respective option – whether he/she would like to open a customer account or to simply submit a guest
order. He/she then fills
in the form and clicksnext”. A new page will open showing the invoice and delivery addresses and allowing the
customer
to edit these or add further addresses.

5.1.3. The customer then clicksnext”, either directly or after editing or adding addresses.
5.1.4. A new page will open enabling the customer to select his/her
preferred method of payment and delivery and to confirm by clicking
save”. The order information is then summarised.

5.1.5. The customer then ticks 1. “I accept the general terms of sales and delivery”  2. “I accept the terms regarding the right of cancellation” and 3. “I accept the data protection provisions.

5.1.6. In the next step, the customer clicksconfirm and send order”.

5.1.7. The customer then has another opportunity to print out his/her order.

5.1.5.2. Acceptance by the vendor occurs according to clause 2.3 of the vendor’s terms and conditions (see above).

6. Information about saving the text of the contract

The contract is saved by the vendor and sent to the customer in written form (e.g., email, fax or letter) together with the present “Terms & conditions and customer information” once the latter has placed his/her order. In addition, the contract is filed on the vendor’s website and can be accessed by the customer free of charge using his/her login details, provided that he/she has opened a customer account in the online shop of the vendor before sending his/her order.

7.Information about the technical means of identifying and correcting data entry errors

The customer may correct any data entered at any time using the usual keyboard and mouse functions up until he/she places a binding order. In addition, all data entered by the customer will be shown again in a confirmation window before he/she places the binding order, and can also be corrected at this stage using the usual keyboard and mouse functions.

8. Information about the languages available for concluding the contract

German is the only language available for concluding the contract.