General terms and conditions
SOFASKI.COM Klaus Mair
A- 6870 Schruns
Tel .: +43 650 655 2876
E-mail: [email protected]
Unless otherwise expressly agreed, this general terms and conditions shall apply to all services and deliveries provided by us. Our deliveries, services and offers are exclusively based on these general terms and conditions. Terms and conditions of the contractual partner shall only apply if we have agreed on in writing.
All our offers are subject to change. The contract is only considered closed when we send a written order confirmation.
Ordering and conclusion of contract via the web-shop:
The presentation of goods / services in our web-shop shall not be considered as a binding offer but shall be considered as an invitation to our customers to make us (via his “order” an offer. So the order is actually an offer that we may accept.
The order goes through the following steps:
- Selection of the desired goods / services
- If asked, the customer has to declare via drop-down menu if he declares his consent and agrees to the use and publication of his transferred video by SOFASKI.com (LINK) or not
- Entry of the registration data for registration in the web-shop (first name, last name, street, house and door number, Postcode, town, country, email address). After fist-time registration only the email-address and the password is required for the log in.
- pre-contractual information for consumers according to § 5a KSchG and § 4 FAGG is displayed
- Billing information
- Shipping information
- mode of shipment
- payment information
- Order overview / checking the data in the shopping cart
- Agreement to our terms and conditions by ticking the checkbox “Terms and Conditions agreed”
- Confirmation by clicking on the button “order with the obligation to pay”
- by doing so with the order is binding. By submitting the order in the web shop, the customer makes a binding offer, aimed at the conclusion of a contract for the goods or services contained in the shopping cart. By submitting the order, the customer recognizes the pre-contractual information for consumers and these terms and conditions as exclusively decisive for the legal relationship between him and us.
- We confirm the receipt of the customer’s order by sending a confirmation e-mail. This order confirmation does not yet represent the acceptance of the contract offer by us. It only serves to inform the customer that we have received the order. The declaration of acceptance of the contract offer is made through the delivery of the goods or an explicit note of acceptance.
- Right of withdrawal of the consumer according to § 11 FAGG:
The customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG), has – unless there is a legal exception – the right to withdraw from a distance or off-premises contract without giving any reason, within 14 days.
The consumer’s withdrawal period is fourteen calendar days. In the case of sales contracts the withdrawal period shall expire after 14 days from the day on which the consumer or a third party named by him, who is not the carrier, has acquired physical possession of the goods. In the case multiple goods ordered by the consumer in one order and delivered separately, from the day on which the consumer (customer) or a third party named by him, who is not the carrier, has acquired physical possession of the last good, In the case of service contracts, the deadline for resignation begins with the date of the conclusion of the contract.
The declaration of withdrawal is not tied to any particular form. To meet the withdrawal deadline, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
In particular, the customer has no right of withdrawal in respect of distance and off-premises contracts as regards the following:
- Service contracts after the service has been fully performed if the performance has begun with the costumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
- the supply of goods made to the consumers’ specifications or clearly personalised;
- the supply of goods which are liable to deteriorate or expire rapidly: ,
- the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery ,
- the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumers’ prior express consent and his acknowledgment that he hereby loses his right of withdrawal;
If the customer withdraws from the contract in time, we shall reimburse to him all payments received from him, including the costs of delivery (with the exception of the supplementary costs resulting from the costumer’s choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about the costumer’s decision to withdraw from the contract. We will carry out such reimbursement using the same means of payment as the customer used for the initial transaction, unless he has expressly agreed otherwise; in any event, he will not incur any fess as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or the costumer supplied evidence of having sent back the goods, whichever is the earliest. The customer shall send back the goods or hand them over to us without undue and in any event not later than fourteen days from the day on which he communicates his withdrawal from the contract. The deadline is met if the goods are dispatched before the period of fourteen days has expired. The customer bears the direct costs of returning the goods. The customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristic and functioning of the goods.
If the customer requested the performance of a services to begin during the withdrawal period, he shall pay us an amount which is in proportion to what has been provided until he has communicated us his withdrawal from the contract, in comparison with the full coverage of the contract.
- Intellectual property
Analyses and other documents such as training plans and the like remain our intellectual property. Any use, in particular the passing on, copying, publication and making available, including even partial copying, requires our express consent. This does not apply to your own use.
- Price (purchase price, wages) and shipping costs
The agreed prices apply. The prices are listed in the web-shop for the individual articles / services. All prices quoted by us include sales tax but do not include shipping costs. Shipping is at the customer’s expense. The shipping costs for each delivery destinations are listed on the website under “Shipping Costs”.
- Terms of payment
The buyer / customer undertakes to pay the purchase price / work wages in full when placing the order. Upon receipt of the purchase price / work wages the shipment will be dispatched respectively the service will be performed. Only payments via Pay-Pal or bank transfer are accepted.
- Electronic accounting
Our customer agrees that invoices to him may be created and transmitted electronically.
- Delayed payment – default interest
Even in the event of late payment by the customer without his fault, we are entitled to charge default interest at the statutory rate (currently 4% p.a.); this does not affect claims for compensation of proven higher interest rates.
In case of shipment, the customer bears the risk of loss or damage of the good once the goods are have been delivered to him or third party named by him which is not the carrier.
- Delivery conditions
The delivery of goods is subject to the possibility of delivery and while stocks last. The delivery time is subject to change. The delivery of the goods is carried out by the Austrian Post or by another messenger service. Partial shipment is permitted.
Deliveries of videos or films and other digital content, such as analyzes in particular, are made via the video portal “vimeo” (www.vimeo.com) , unless an express order for a DVD has been made. The customer receives a link through which he can unlock his video and stream it via vimeo. Vimeo is a free service. However, registration is required. Registration of the customer with vimeo is therefore a prerequisite for the contract for videos and films between the customer and us.
- Retention of title
The goods remain our property until the purchase price and all costs and expenses have been paid in full. It is agreed that there is no withdrawal from the contract in the assertion of the retention of title, unless we expressly declare the withdrawal from the contract.
- Place of fulfilment
The place of fulfilment for both our performance and the consideration of the costumer is our place of business in 6870 Schruns, Silvrettastraße 107.
- Non-performance / delay in delivery and performance
In any case, the buyer / purchaser of work has to accept minor delays in delivery times without being entitled to compensation or a right of withdrawal.
The statutory warranty regulations apply.
15 . Compensation
Claims for damages in cases of slight negligence are excluded; this does not apply to personal injury.
16 . Formal requirements
All subsequent changes, additions, side agreements etc. must be in writing in order to be valid.
- Contract language – choice of law
The contractual language is German. The contracting parties agree on Austrian domestic jurisdiction. Substantive Austrian law, to the exclusion of the reference norms of private international law (eg the ECC, ROME I – VO) and the UN – purchasing law applicable.
- Jurisdiction agreement
For all lawsuits against a consumer who has his domicile or normal residence in Austria or is employed in Austria, either the court whose district includes his domicile, normal residence or place of employment shall have jurisdiction. In all other cases the local jurisdiction of the objectively competent court for Schruns shall be exclusively agreed upon for possible disputes.
- Partial nullity
Should provisions of this contract be or become invalid and / or void or not feasible in full or in part, the other clauses shall be and shall remain valid. The invalid or non-feasible clause shall be replaced with a valid one, the intention for which comes as close as possible to the meaning and economic purpose of the invalid one .