shinguard tec GmbH, Sauruggen 5 in 6075 Tulfes (hereinafter referred to as "SHINFORM") specialises in the manufacture and sale of lightweight and flexible shin guards for the sport of soccer.
These General Terms and Conditions (hereinafter referred to as "GTC") deal with trade via the webshop on the site: www.shinform.de.
However, these GTC can also be used in offline trade, i.e. when the business transaction does not take place via distance selling.
The customers are usually consumers in the sense of section 1 para. 1 no. 2 KSchG („Austrian Customer Protection Act“), but also entrepreneurs in the sense of section 1 para. 1 no. 1 KSchG.
For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination.
2. Scope of application
All business relations between SHINFORM and the customer are subject to these GTC in the version applicable at the time of the conclusion of the business transaction. These GTC supersede any general terms and conditions of the customer.
These GTC can be permanently stored on the customer's computer and/or printed out for the purpose of online ordering.
The contractual, ordering and business language is primarily German.
3. Conditions for use
In order to be able to purchase goods electronically from SHINFORM, customers may have to register in the online shop. 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. He has to treat his data confidentially and to protect it from access by unauthorised persons. If the customer suspects misuse by third parties, he has to inform SHINFORM immediately.
The customer has to refrain from all measures which could endanger or impair the technical provision of the online shop (including cyber attacks). Such behaviour will be legally prosecuted.
4. Offer and conclusion of contract
By clicking the button "Order with obligation to pay" the customer submits a binding offer to conclude a contract with SHINFORM. SHINFORM is not obliged to accept this offer. Before finally sending an order, the customer has the opportunity to check it for any errors and to correct it if necessary.
SHINFORM confirms the receipt of an offer/order to the customer by sending an email to the address provided by the customer ("receipt confirmation"). This email does not constitute an acceptance of the offer by SHINFORM.
SHINFORM reserves the right to check the feasibility of the request within three working days.
SHINFORM can accept offers by confirming the acceptance of the offer in another email ("order confirmation") or by sending the ordered goods. Only then the contractual relationship with the customer comes into effect.
Unless expressly agreed otherwise, no timely fixed deal (as defined by § 919 ABGB) („Fixgeschäfts“) is deemed to be owed. This means that SHINFORM does not assume that the goods have to be delivered to the customer by a specific date.
The expected delivery time can be seen in the goods shop.
If SHINFORM is prevented from meeting the delivery deadline due to force majeure (e.g. natural disasters or epidemics) or delivery bottlenecks of third party suppliers, SHINFORM will inform the customer as soon as possible. In these cases, the delivery period is extended by the duration of the events.
5. Legal capacity („Geschäftsfähigkeit“)
If an order is placed via the goods shop, SHINFORM assumes that the customer legally represents the customer and is authorised to place the order (prima facie power of attorney). If the customer does not have the necessary legal capacity to conclude the transactions in question, he must first obtain the consent of a legal guardian.
6. Payment modalities
The prices listed in the shop are in EUR.
In case of doubt, VAT is not yet included. The amounts stated at the time of order apply. SHINFORM informs the customer again about the prices, taxes and shipping costs in the order summary before the order is completed.
For deliveries to countries outside the European Union, further costs may arise in individual cases, which SHINFORM is not responsible for and which have to be paid by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
The payment methods accepted by SHINFORM are listed in the webshop. Payment is made by bank transfer to the account indicated by SHINFORM. Whether the payment is made in instalments or once only, depends on the agreement between SHINFORM and the customer.
More detailed information about payment and shipping as well as characteristics of our products can be found on the website.
The claims of SHINFORM become due with invoicing. If the claims are not paid within seven days, SHINFORM will charge 4 % per year of legal default interest from the due date. In case of default, the customer is obliged to reimburse the reminder and collection costs incurred by SHINFORM, as far as they are necessary for the appropriate prosecution. If the customer is an entrepreneur, section 456 and section 458 UGB (Austrian Commercial Code) are relevant.
7. Complaints because of shipping
SHINFORM asks the customer - without prejudice to the right of revocation in the sense of point 8 and any warranty rights - to claim delivered goods with obvious transport damage from the deliverer as soon as possible and to inform SHINFORM immediately.
The goods may show slight scratches due to the manufacturing process, which disappear in the course of heating.
8. Right of withdrawal pursuant to FAGG („Distance and Foreign Transactions Act“)
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 is fourteen days from the day on which the consumer or a third party not acting as a carrier and designated by the consumer acquires possession of the goods.
In order to exercise the right of withdrawal, the customer must inform SHINFORM by means of a clear declaration (e.g. a letter or e-mail sent by post) of the decision to withdraw from this contract. The customer can use the model withdrawal form, which is listed in Annex I B of the Distance and Foreign Transactions Act, for this purpose (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847) and can also be accessed on the SHINFORM website.
A declaration of revocation is to be sent to the following address:
shinguard tec GmbH
Sauruggen 5, 6075 Tulfes
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, confirmation of receipt of such revocation shall be sent to the customer. If the Customer revokes the contractual statement or a contract that has already been concluded, SHINFORM shall repay all payments that it has already received from the customer, including the delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the favourable standard delivery offered by SHINFORM) without undue delay and at the latest within fourteen days from the day on which the notification of the revocation of this contract has been received by SHINFORM. For the repayment SHINFORM uses the same means of payment that the customer used for the original transaction.
The customer shall bear the direct costs of the return shipment. If a loss in value of a good is due to the fact that the good has been used in a way that is not necessary for checking the condition, the customer shall be liable for this loss in value.
9. Performance problems
SHINFORM is not responsible if it cannot fulfil its obligations from the contractual relationship due to circumstances for which it or a vicarious agent is not responsible. This applies, among other things, to the lack of availability of energy or telecommunication services as well as due to force majeure.
10. Reservation of ownership („Eigentumsvorbehalt“)
All goods delivered by SHINFORM remain its property until full payment. A sale of the goods by the customer to a third party before their full payment requires the prior consent of SHINFORM.
If the customer has not taken over the goods as agreed (default of acceptance), SHINFORM is entitled to either store the goods, for which a reasonable storage fee per calendar year or part thereof can be charged, or to deposit the goods in court at the expense and risk of the customer.
11. Liability for damage and warranty
The liability of SHINFORM for slight negligence is excluded. The liability is limited to the amount of damages typically foreseeable at the time of conclusion of the contract.
These limitations of liability do not apply with regard to personal injury or for damages according to the PHG („Austrian Product Liability Act“).
SHINFORM offers no guarantee that the photos published in the goods shop are identical with the goods actually delivered.
SHINFORM accepts no liability should its products not be accepted by a referee.
12. Risk transfer
The risk of loss of or damage to the goods passes to a consumer (only then) when the consumer or a third party authorised by him to receive the goods (who is not the carrier) has taken possession of the goods.
13. Data protection and protection of business and trade secrets
The transfer of data and information to the respective required business partners is permitted to the extent necessary for the fulfilment of the contractual relationship (Art 6 para 1 lit b GDPR).
SHINFORM furthermore points out that data of the customer may be processed for advertising purposes due to legitimate interests (Art 6 para 1 lit f GDPR). The customer can object to this form of data processing at any time (Art 21 para 2 GDPR).
14. Involvement of agents („Erfüllungsgehilfen“)
SHINFORM may use vicarious agents for the performance of its obligations under this contract, unless a highly personal performance has been expressly agreed.
15. Jurisdiction and applicable law
This contractual relationship is based on Austrian law and this is deemed to be agreed. However, this choice of law must not result in the consumer being deprived of the protection granted 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 (UN Sales Convention) as well as of reference norms is excluded.
The exclusive place of jurisdiction is Innsbruck, Austria. If the customer is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the customer may, in derogation thereof, only be sued before the courts in whose jurisdiction his domicile, habitual residence or place of employment is located.
Place of performance is the registered office of SHINFORM.
Attention is drawn to the possibility of settling disputes via an online dispute resolution platform (Art 14 (1) sentence 1 of the ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards. SHINFORM is willing to participate in a dispute resolution procedure before a consumer arbitration board.
16. Redemption of vouchers
Vouchers issued free of charge by SHINFORM with a specific period of validity can only be redeemed during the specified period.
Vouchers are transferable. SHINFORM can make payment with discharging effect to the respective holder redeeming the voucher.
17. Amendment of this GTC
SHINFORM is entitled to change these GTC at any time. SHINFORM will inform the customer about such changes by sending the amended GTC to the email address last communicated to it. The customer has the right to object to this change. If the customer does not object within 14 days from the sending of this change, an implied consent to the change of the GTC is to be assumed. Unilateral and factually unjustified changes to the GTC cannot be implemented in this way.
18. Further issues
If any part of these terms and conditions should be invalid, the validity of the remaining terms and conditions shall not be affected thereby. The invalid condition shall be replaced by a valid condition that comes as close as possible to the economic intentions of both contracting parties as discernible from the agreement.
Amendments to these terms and conditions as well as supplements to them are valid only if they are agreed and signed in writing (with the exception of an amendment pursuant to point 17).
SHINFORM recommends the customer to save these GTC permanently.
Information pursuant to § 5 ECG, § 25 MedienG and § 14 UGB:
shinguard tec GmbH
Trade according to trade licence: Commercial trade with the exception of regulated commercial trades.
Company register number: FN 561475 z
Commercial register court: Landesgericht Innsbruck
Member of: WKO
Professional law: Trade regulations: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517
Attention is drawn to the possibility of settling disputes on the basis 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. SHINFORM is willing to participate in a dispute resolution procedure before a consumer arbitration board.
Author: Attorney at law Dr. Tobias Tretzmüller, LL.M., www.digital-recht.at.
A copy of these GTC, or even parts thereof, requires the consent of the author.