General Terms and Conditions (GTC) of Eye Golf GmBh

§1 scope
These terms and conditions apply to all purchases at Eye Golf GmbH are made by private customers. Private customers in this sense are the people they have ordered Were neither their commercial nor their independent professional activity can be attributed. Business customers are asked to place orders by email using the following Addresses (office@eyegolf.eu; marc@eyegolf.eu, peter@eyegolf.eu). The conditions are and will be a legally binding part of the contract recognized as effective by the customer when the order is placed. Deviating Terms and conditions, subsidiary agreements and changes are general contradicted, in order to be effective in exceptional cases they require the Written form. Our contractual partner agrees that in the event of the use of terms and conditions through him, in case of doubt, our conditions can be assumed, even if the Conditions of the contractual partner remain uncontested.

§2 conclusion of contract
The presentation of our goods and the granting of the opportunity to On our part, the order represents a specific offer to conclude a Sales contract. The contract is only valid when a written one is sent Order confirmation as completed, until this point in time there is no Eye Golf's obligation to provide deliveries and services. The Offers from Eye Golf are not binding and non-binding.

§3 Copyright
We grant our business partners without obligation during our Business relationship permission to use Eye Golf logos, brand names, videos, photos, Product names, product descriptions and / or instructions for use in To be used in connection with the sale of Eye Golf products. The spiritual Eye Golf property may not be transferred to other products, either in the ajar or in the actual sense. Upon notification from Eye Golf or If our business relationship ends, its use must be discontinued.

§4 prices and shipping costs
The prices awarded are final prices including sales tax and so far Unless otherwise agreed, the prices are in euros. Of Furthermore, it concerns recommended sales prices in Austria, which the statutory sales tax included. The amount that applies on Time of the binding order is shown. In addition come Shipping costs that depend on the shipping method and the size and weight of the You are dependent on the goods (s) you have ordered.

§5 payment
Payment for private customers takes place at or before delivery, depending according to the payment method: - Credit card - Payment in advance - PayPal - Stripe For commercial customers, Eye Golf reserves the right to to request full payment of the purchase price prior to delivery. Otherwise the purchase price does not apply within 15 days of the invoice date to pay any deduction.

§6 default of payment
The object of purchase or the goods remain until they have been paid for in full the purchase price and all related costs and expenses owned by Eye Golf. If you are in default of payment, Eye Golf is entitled to To demand default interest of 10 percentage points. If Eye Golf one higher damage caused by delay is verifiably incurred, Eye Golf is entitled to to assert this.

§7 delivery
 (1) Delivery is made to the delivery address specified by the customer, within - Germany - Austria
 (2) Force majeure (natural disasters, war, civil war, Terrorist attack) the delivery or any other service is permanently impossible, an obligation of Eye Golf
  is excluded. Amounts already paid will be reimbursed by Eye Golf.
 (3) Eye Golf can also refuse to perform if this is a Requires effort, taking into account the content of the sales contract and the Good faith rules in gross
  disproportionate to the interests of the Customer is in the fulfillment of the purchase contract. Amounts already paid will be reimbursed by Eye Golf.
 (4) Hat Eye Golf does not expressly specify a delivery or service date in writing as Binding promised, information on this is non-binding. Minor In any case, the
  buyer has to accept exceeding delivery times without he is entitled to a claim for damages or a right of withdrawal. In the absence of an express agreement to
  the contrary, the costs are borne and that Risk of transport in the case of deliveries to our contractual partner. Obvious Transport damage or shortages must
  be reported to the supplier immediately to acknowledge this and to inform Eye Golf immediately.

§8 retention of title
Until all existing payments against the customer have been paid in full Claims from the purchase contract remain the property of the delivered goods Golf. As long as this retention of title exists, the customer may not return the goods resell or dispose of the goods; in particular, the customer may Contractually, do not allow third parties to use the goods.

§9 Defect Rights
(1) A product that is already defective upon delivery (Warranty case) Eye Golf will be at the customer's option at Eye's expense Replace the golf with a faultless one or have it professionally repaired (Supplementary performance). The customer is advised that no A warranty case exists if the product passes the risk had the agreed quality. A warranty case lies in particular in in the following cases: a) in the event of damage caused to the customer by misuse or improper use, b) in the event of damage caused by the products have been exposed to harmful external influences at the customer's premises (especially extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, Lightning, static electricity, fire). (2) Eye Golf also provides no guarantee for an error caused by improper repair by someone not authorized by the manufacturer Service partner has emerged. (3) Requires the type of supplementary performance desired by the customer (Replacement delivery or repair) an expense, which in view of the product price taking into account the content of the contract and the principles of good faith in a gross disproportion to the performance interests of the customer - where in particular the value of the object of purchase in a defect-free condition, which Significance of the defect and the question to be considered are whether to the other Type of supplementary performance without significant disadvantages for the customer can be used - the customer's claim is limited to that different type of supplementary performance in each case. Eye Golf's right, this too other type of supplementary performance under the aforementioned condition refuse remains unaffected. (4) Eye Golf's statutory warranty begins upon receipt the goods. The goods must be examined immediately after delivery. There Any defects found are also to be reported immediately, but no later than 7 Days after delivery, stating the type and scope of the defect Announce seller. Hidden defects are to be reported immediately after their discovery. Becomes a complaint is not made or not made in time, the goods are deemed to be approved. The assertion of warranty or damage claims as well as the right to avoid errors due to defects are in this case locked out.

§10 liability
(1) In the case of slight negligence, Eye Golf is only liable for the injury essential contractual obligations and limited to the foreseeable damage. This restriction does not apply to injury to life, limb and Health. For others slightly negligent due to a defect in the Eye Golf is not liable for any damage caused to the object of purchase. (2) Irrespective of any fault on the part of Eye Golf, liability remains by Eye Golf in the event of fraudulent concealment of the defect or from the takeover a guarantee unaffected. (3) Eye golf is also available for those delayed while they happen to be occurring impossibility of delivery, unless the Damage would have occurred even if delivery had been made on time. (4) Personal liability under statutory law is excluded Eye Golf agents, vicarious agents and employees for von damage caused to them by slight negligence. (5) If the buyer asserts claims for damages against Eye Golf, see above it is both in terms of causation and in terms of Obliged to provide evidence of fault. Recourse claims that the contracting party or third parties from the title "Product liability" in the sense of the Austrian PHG addressed to us excluded, unless the person entitled to recourse can prove that the error caused in our sphere and at least caused by gross negligence is. Eye Golf's liability for consequential damage to the contractual partner is for any type of economic damage, in particular lost profit, locked out.

§11 Applicable Law
The contract between you and Eye Golf is governed exclusively the law of the Republic of Austria with the express exclusion of UN sales law. This does not affect the mandatory provisions of the state, in which you have your habitual residence.

§12 place of jurisdiction

If, contrary to what you stated when ordering, you do not have a place of residence in the Republic of Austria or to Conclusion of the contract If you move your place of residence abroad or your place of residence is unknown at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship Graz, Austria.

 

§13 final provisions

(1) Should individual provisions of this contract be in whole or in part be or become ineffective or void, this will render the The rest of the contract is not affected, insofar as a contractual partner is not thereby is inappropriately disadvantaged.

(2) Changes or additions to this contract require Written form.

(3) On this contract is to apply Austrian substantive law. To conclude a contract with Separate conditions apply to consumers. Should be a provision of the contract or the general terms and conditions be or become ineffective the remaining provisions and agreements remain unaffected. The ineffective In this case, provision should be made by way of the interpretation of the contract Legally effective regulation will be replaced by that of both contracting parties comes as close as possible to the intended purpose. The same applies to the completion any contractual loopholes. Eye Golf is entitled to process data of the contract partner in accordance with the applicable Provisions of the Data Protection Act in the context of mutual Save and edit business traffic.

Eye Golf GmbH, Wolfsberg 211, 8421 Wolfsberg im Schwarzautal, Austria, Europe
www.eyegolf.eu
office@eyegolf.eu