Terms & Conditions

General Terms & Conditions of the Web Shop www.softbaitsparadise.com (www.SBP365.com)

 

Operator: öBon GmbH

company seat: Lakeside B01, 9020 Klagenfurt, Austria

(business address: Ernstbrunnerstrasse 24, 2000 Stockerau, Austria)

FN404080k, Commercial Register Court: Federal Court Klagenfurt

VAT ID: ATU68271078

(in the following „Operator“)

E-Mail: office@sbp365.com

Tel: +43 676 7657159

 

I. Ambit

(1) The following Terms & Conditions of Business for the web shop www.SBP365.com (“Web Shop T&Cs” for short) apply to any legal transactions related to the purchase of goods from the web shop www.SBP365.com in the respective amendment at the time the purchase order is placed. We expressly object to any conflicting other general terms & conditions and/or other conditions of the customer irrespective of term used, unless expressly approved by the Operator in writing.

(2) By submitting an order the customer express agrees to these Web Shop T&Cs. These Web Shop T&Cs are available for the user to download or print.

II. Conclusion of Contract

(1) The Operator reserves the right to change the contents of the respective range of products and services at any time. The products shown on this website may vary slightly (e.g. colour, size, etc.) due to the technical limitations and such occurrence cannot be excluded.

(2) By clicking the Buy button the customer places an order and submits a binding offer to conclude a contract of sale for the goods ordered which becomes effective upon submitting all the information and data required and requested for payment processing. The customer is obligated to provide the correct information. For every online order submitted through the web shop the customer will receive an electronic order acknowledgement which does not constitute the customer’s offer to buy being accepted but merely documents the purchase ordering received by the Operator.

(3) The contract of sale is formed through remittance of payment and the Operator either despatching the goods ordered or expressly accepting the purchase order by order confirmation by fax or e-mail within 7 days from receipt of purchase order. The Operator is entitled but not obligated to accept the customer’s offer to buy. A purchase order is only valid upon submitting the complete and correct customer data.

(4) The minimum age for placing online purchase orders is 18 years. By submitting an order the customer confirms being 18 years of age.

III. Contract Language

(1) The contract language is German. Any information, customer service and complaints will be processed in German or English language.

IV. Pricing

(1) The agreed purchase price for the goods purchased is the price specified in the web shop.

(2) Unless otherwise specified, all prices are gross including applicable statutory value added tax and exclude any costs related to despatch. Any export or import dues incurred are payable by the buyer.

(3) Any sales to customers outside the EU are exempt from VAT but subject to the respective national import duties. Any sales to businesses within the EU are exempt from Austrian VAT with submission of the VAT ID, however these business are liable for VAT in their respective state.

V. Terms of Payment/Retention of Title

(1) The purchase price is due on conclusion of contract. The respective goods are invoiced and paid in EURO, and unless otherwise agreed in writing, are on principle paid in advance by credit card, PayPal, Sofort, Klarna, BillPay or bank remittance in the payment system during the online purchase process at the time the order is placed.

(2) The goods delivered remain the property of the Operator until paid in full.

VI. General Terms of Delivery

(1) Goods are on principle despatched promptly within one week from the time the order is submitted by the customer. In exceptions this lead time may be exceeded when special circumstances prevent timely delivery (e.g. international sourcing). The customer will then be notified via separate e-mail.

(2) The place of fulfilment for all transactions is the place of business of the Operator. Goods are despatched ex works via conventional methods of shipment to the delivery address specified by the customer. In the event the information provided is incorrect or incomplete, the customer is liable for any additional costs incurred.

(3) The Operator assumes no liability for late delivery from suppliers.

(4) In the event a purchase order cannot be accepted due to non-availability of goods or if unable to deliver for reasons beyond the control of the Operator, the customer will be notified promptly. Any payments made will be refunded promptly, but no later than within 14 days from discovering delivery being impossible. For the refund the same method of payment as for the original transaction will be used.

VII. Consumer Right to Cancel for Long-Distance Transactions

(1) Customers who are consumers as defined by the Austrian Consumer Protection Act (KSchG) are entitled to withdraw from contract of sale without stating reasons, provided the contract was concluded by exclusive use of one or multiple means of distance communication (post, internet, phone, fax). The cancellation term is fourteen calendar days from the date the consumer takes possession of the goods or, in the event of multiple partial deliveries, on the date the consumer takes possession of the last partial delivery. The cancellation is considered timely if the customer submits the cancellation notice on the last day of this cancellation term. 

(2) In this case the buyer is obligated to notify the Operator of such cancellation by clear statement (e.g. post, fax, e-mail). The consumer may use the attached sample cancellation form (cancellation form). If the goods have already been received, these must be promptly submitted to the Operator at the address below including banking information, and the customer is liable for any actual costs and shipping charges for returning the goods (except stated differently in the document “shipping costs”):

LKV Logistik GmbH - Softbaitsparadise
Salzachtalstr. 47
A-5400  Hallein

(3) In the event the goods have been used (spoiled or damaged goods), the Operator as the seller is entitled to demand compensation for depreciation of sales value of the goods if this depreciation can be attributed to an extent not necessary to inspect the quality, properties and function of the goods. Mere acceptance and inspection of goods to the usual extent does not constitute depreciation.

(4) The Operator is obliged to refund all payments received, including the costs of shipping (excluding additional shipping costs incurred when a different shipping services has been chosen by you, that does not comply with our standard shipping courier). The refund will be made within fourteen days of notification of cancellation that we receive from you. The same method of payment used in the original transaction is used again to make the refund. Reimbursement is withheld until the goods in question are received or earlier, when proof has been given that the good are underway.
The consumer has fourteen days, after having informed us about the foreseen cancellation, to return the goods to our storage.

(5) The right of cancellation does not apply to the following contracts:

  1. Contracts applying to shipping goods that are not pre-assembled, and have been tailor-made to the individual customer’s needs,
  2. Contracts applying to shipping perishable goods or goods that have a short expiration period,
  3. Contracts that apply to shipping goods that have been opened and can thus not be returned due to hygienic or health protection reasons,
  4. Contracts applying to shipping goods are inseparable with other goods due to their composition,
  5. Contracts applying to the shipping alcoholic beverages, whereby the price was contractually agreed upon and can only be shipped 30 days after the conclusion of the contract at the earliest, and their value fluctuates in the market, over which the trader has no influence,
  6. Contracts that apply to the shipping of audio or video recordings, or computer software in a sealed package, whereby the seal has been removed after delivery,
  7. Contracts that apply to the shipping of newspapers, periodicals or magazines with the exception of subscription contracts.

VIII. Warranty

(1) Any defective goods are subject to the legal warranty rights. The warranty term for movable objects is two years from the time goods are despatched.

(2) The customer must notify the Operator of obvious defects in writing within 14 days from receipt of goods and include the invoice, and promptly return the goods to Operator at:

LKV Logistik GmbH - Softbaitsparadise
Salzachtalstr. 47
A-5400  Hallein

(3) The Operator is primarily entitled to correct or replace the goods. If unable to correct or replace or doing so would involve disproportionate customer effort or the Operator does not (within a reasonable amount of time) provide the correction or replacement, the customer is entitled to request a discount or annulment (cancelling the contract altogether). In the case of minor defects or variances in quality, size, or design of goods customary in trade or technically inevitable, the annulment right is excluded.

(4) The Operator does not assume any warranty for defects or damages due to improper use, operation and storage, negligent or incorrect care and maintenance, excessive stress or improper repair. 

(5) The Operator does not assume any warranty beyond the implied warranty unless such special warranty is specified for a specific product.

IX. Indemnity

(1) The Operator is only liable for damages due to intent or gross negligence; this limitation of liability does not apply to injury of persons.

(2) Any compensation for consequential loss, other indirect damage and loss, or for loss of profits against companies (except due to intent) is excluded.  

X. Data Protection and Processing

(1The Operator processes the personal data provided by you during the order process for the purpose of and during the course of processing the contract, i.e. order processing, payment processing and to clarify questions related to your order, and to meet legal requirements. 

(2) In the event you submitted your express consent to receive a newsletter, you will routinely receive the subscribed newsletter via e-mail. You may unsubscribe the newsletter at any time free of charge. A link for unsubscribing can be found at the bottom of every newsletter.

XI. Applicable Law, Court of Jurisdiction

(1) This contract is subject exclusively to the Austrian law under exclusion of the CISG.

(2) The exclusive court of jurisdiction for any disputes related to and arising from the contract is the competent court in Vienna. In the event the customer is a customer as defined by the Consumer Protection Act (KSchG) with residence or usual place of abode or working within the country, this is the court with jurisdiction over the district where the customer’s residence, usual place of abode or the place of employment.

XII. Miscellaneous

(1) In the event individual provisions of these T&Cs are or become void in whole or in part, the remaining provisions of these T&Cs remain in effect unchanged. In such case the void provision will be substituted by a provision as close as possible to the original purpose of the void provision and the intent of the contracting parties determined under the general rules of interpretation of contract.

(2) Any agreements departing from these T&Cs are only applicable when expressly agreed in writing between the Operator and the customer.

 

Appendix 1: Sample cancellation form  


Appendix 1:

Cancellation Form 

 

To cancel the contract simply complete this form and return to:

öBon GmbH
Ernstbrunnerstrasse 24
2000 Stockerau
Österreich

Email: office@sbp365.com

 

I/we hereby cancel the contract concluded by me/us to purchase the following goods: ………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………… …………………………………………………………………………………………………

Ordered on ……………………………….. and received on ………………………………. ,

Invoice number …………………….

 

My information (consumer name, address, telephone number, e-mail address, bank details, IBAN, BIC) ………………………………………………………………………………………………… ………………………………………………………………………………………………… ………………………………………………………………………………………………… …………………………………………………………………………………………………

 

…………………………………….. Consumer signature/s (when submitting on paper)

 

…………………………. Date