General Terms and Conditions Elferspot Media GmbH for the Trade in Goods:
1. Preamble
Date: 15.07.2024
Elferspot Media GmbH, Hauptstraße 6, 3rd floor, 4040 Linz, Austria, hereinafter referred to as “Contractor”, specializes in the trade of products for enthusiasts with a passion for sports cars. It also offers its customers goods online.
Customers are generally consumers within the meaning of Section 1(1)(2) KSchG, but also entrepreneurs within the meaning of Section 1(1)(1) KSchG.
For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention to discriminate.
2. Scope of application
All business relationships between the Contractor and the Customer are subject to these GTC in the version applicable at the time of conclusion of the transaction.
The Contractor ships products to customers worldwide. This contract is concluded in German.
3. Conditions of use
In order to be able to purchase services and goods electronically from the Contractor, Customers may have to register in the online store. The customer is obliged to provide true and complete information in the course of the business relationship and to keep his data up to date at all times. They must treat their data confidentially and protect it from unauthorized access. If the customer suspects misuse by third parties, he must inform the contractor immediately.
The customer must refrain from all measures that could jeopardize or impair the technical provision of the online store (including cyber attacks). Any such behavior will be prosecuted.
4. Offer and conclusion of contract
By clicking on the “Order with obligation to pay” button, the customer submits a binding offer to conclude a contract with the contractor. The contractor is not obliged to accept this offer. Before finally submitting an order, the customer has the opportunity to check it again for any errors and correct them if necessary.
The Contractor shall confirm receipt of an offer to the Customer by sending an e-mail to the address provided by the Customer (“order confirmation”). This e-mail does not constitute acceptance of the offer by the Contractor. The Contractor may accept offers by confirming the purchase of the offer in a further e-mail (“Order Confirmation”) or by sending the ordered goods or services.
Products within the European Economic Area (“EEA”) will be sent within three to four working days. Delivery to countries outside the EEA shall take place within ten days. If the Contractor is prevented from meeting the delivery deadline due to force majeure (e.g. natural disasters, black-out or epidemic) or delivery bottlenecks of third party suppliers, the Contractor shall inform the Customer of this as soon as possible. In such cases, the delivery period shall be extended by the duration of the suspension of the events.
5. Payment modalities, delivery and shipping conditions
The prices quoted in the online store are in EUR.
All prices in the online store include statutory taxes. Our deliveries to third countries are tax-free export deliveries in accordance with the Value Added Tax Act.
In case of doubt, VAT is not yet included. The amounts stated at the time of ordering shall apply. The Contractor shall inform the Customer again about the prices, taxes and shipping costs in the order summary before the order is completed.
The payment methods accepted by the Contractor are listed in the webshop.
Payment shall be made by bank transfer to the account specified by the Contractor. Whether payment is made monthly (continuing obligation) or once (target obligation) depends on the agreement between the Contractor and the Customer.
The Contractor’s claims shall become due upon invoicing. If the receivables are not paid within seven days, the Contractor shall charge 4% per annum statutory default interest from the due date. In the event of default, the Customer undertakes to reimburse the dunning and collection expenses incurred by the Contractor insofar as they are necessary for appropriate legal action. If the customer is an entrepreneur, the amount of interest on arrears shall be determined in accordance with § 456 UGB.
The risk of loss of or damage to the goods shall (only) pass to a consumer when the consumer or a third party authorized by the consumer to receive the goods (who is not the carrier) has taken possession of the goods.
If the customer is an entrepreneur, the legal regulations of the mail order business apply.
Unless otherwise agreed, goods shall be delivered by mail order to the delivery address specified by the customer. The delivery address specified in the seller’s order processing is decisive for the processing of the transaction.
If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result.
6. Right of withdrawal according to FAGG
This right of withdrawal only applies to consumers.
The customer has the right to revoke his contractual declaration or an already concluded contract within fourteen days without giving reasons if the contract was concluded electronically. The withdrawal period shall be fourteen days from the day on which the consumer or a third party other than the carrier designated by the consumer acquires possession of the goods.
In order to exercise the right of withdrawal, the customer must inform the contractor by means of a clear statement (e.g. a letter sent by post or e-mail) of the decision to withdraw from this contract. The Customer may use the model withdrawal form provided in Annex I B of the Distance and Off-Premises Transactions Act (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847) and which can also be downloaded from the Contractor’s website.
Revocation declarations must be sent to the following address:
Elferspot Media GmbH
Hauptstraße 6, 3rd floor, 4040 Linz, Austria
E-mail address: info@elferspot.com
In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. If use is made of this option, the customer will be sent a confirmation of receipt of such a withdrawal. If the Customer revokes the contractual declaration or a contract that has already been concluded, the Contractor shall repay all payments that it has already received from the Customer, including the delivery costs (with the exception of the additional costs resulting from the fact that the Customer has chosen a type of delivery other than the cheap standard delivery offered by the Contractor) immediately and at the latest within fourteen days from the day on which the Contractor receives notification of the revocation of this contract. For the repayment, the contractor shall use the same means of payment that the customer used for the original transaction.
The direct costs of the return shipment shall be borne by the customer. If a loss in value of goods is due to the fact that the goods have been used in a way that is not necessary to check their condition, the customer shall be liable for this loss in value.
Return address:
Elferspot Media GmbH
Dispatch warehouse: Anzing 27, 4113 St. Martin, Austria
7. Retention of title
All goods delivered by the Contractor shall remain the property of the Contractor until payment has been made in full. Any sale of the goods by the customer to a third party before they have been paid for in full requires the prior consent of the contractor.
8. Exclusion of liability for third-party content
The Contractor shall not be liable for third-party information that is opened by means of an electronic reference (link). As soon as the Contractor becomes aware or becomes aware that a link to illegal information is provided, the Contractor shall delete this link immediately.
9. Liability for damages and warranty
The liability of the contractor for slight negligence is excluded. The amount of liability is limited to the value of the goods specifically affected.
This limitation of liability shall not apply with regard to personal injury or for damages under the Product Liability Act.
The Contractor shall not be liable to companies for loss of profit.
10. Data protection and protection of business and trade secrets
The disclosure of data and information to the respective required business partners is permitted to the extent necessary for the fulfillment of the contractual relationship. Otherwise, the contracting parties are obliged to maintain confidentiality with regard to the circumstances and data relating to the other party which they become aware of as a result of the business relationship and, in particular, to maintain data secrecy. These obligations to maintain data and business secrecy shall also apply beyond the contractual relationship.
11. Involvement of subcontractors
The Contractor may use subcontractors to fulfill its obligations under this contract.
12. Place of jurisdiction and applicable law
This contractual relationship shall be governed by Austrian law. However, this choice of law must not result in the consumer being deprived of the protection afforded to him by the mandatory rules of his country of residence (cf. Art 6 (2) Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and of conflict-of-law rules is excluded. The exclusive place of jurisdiction is Linz. If the customer is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the customer may only be sued before those courts in whose district his domicile, habitual residence or place of employment is located.
Reference is made to the possibility of dispute resolution by means of an online dispute resolution platform (Art 14 Para. 1 S 1 ODR-VO) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards.
13. Duration of the contractual relationship
The contractual relationship with the customer begins with the conclusion of the contract. If a one-off service is owed (target debt relationship), the contractual relationship ends with the complete provision of the mutually owed services. If a continuing obligation is owed, this can be terminated to the last day of a month without giving reasons, subject to a fourteen-day notice period. This does not affect the right to extraordinary termination at any time.
14. Miscellaneous
Amendments and additions to these terms and conditions are only valid if they are agreed and signed in writing.
The Contractor recommends that the Customer save these GTC permanently.
(July 2024)
Imprint according to § 5 ECG, § 25 MedienG and § 14 UGB:
Elferspot Media GmbH
Managing Director: Markus Klimesch,
Hauptstraße 6, 3rd floor, 4040 Linz, Austria
E-mail address: info@elferspot.com
FN 512713s
Linz regional court
UID ATU74427756
Member of the Austrian Chamber of Commerce: https://www.wko.at/
Applicable trade law: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517
Supervisory authority/district administrative authority: Municipality of Linz
Editorial policy according to § 25 Abs 5 MedienG: Reporting on topics for fans of the “Porsche” brand.
Reference is made to the possibility of dispute resolution via an online dispute resolution platform (Art 14 Para. 1 S 1 ODR-VO) (https://ec.europa.eu/consumers/odr/main/in-dex.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards.
Author: Attorney Dr. Tobias Tretzmüller, LL.M., www.digital-recht.at.
A copy of these GTC, or only parts thereof, requires the consent of the author
