§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