§ 1 VALIDITE
Les conditions générales suivantes s'appliquent pour toute relation commerciale entre Boards & More GmbH ("B&M") et un client, à compter du 01.07.2017 et quel que soit le moyen de communication utilisé.
Le client reconnaît la validité exclusive des conditions générales de B&M pour toute la durée de la relation commerciale. B&M ne reconnaîtra aucune autre condition du client, sauf accord exprès et écrit du management de B&M. Dans le cas où un client entre en relation commerciale avec B&M via son site internet, il/elle reconnaît les conditions générales comme la base de toute la relation commerciale avec B&M.
§ § 2 CLOTURE DU CONTRAT D'ACHAT ET ANNULATION
La présentation des produits sur le Shop en ligne ne constitue pas une offre au sens juridique du terme mais plutôt un catalogue en ligne sans obligation contractuelle. En cliquant sur le bouton "Acheter", vous émettez une commande ferme des produits inclus dans votre panier. La confirmation de réception de la commande sera générée immédiatement après que la commande ait été envoyée, via un e-mail automatique, et ne consiste pas encore en une acceptation d'un contrat. L'acceptation du contrat sera déclenchée par la réception d'un e-mail de notre part qui vous confirme l'envoi de votre produit ou de votre commande. Nous sommes en mesure d'accepter vos commandes dans un délai de deux jours.
Vous avez la possibilité d'émettre un contrat d'achat en anglais. La langue de la commande et de la transaction peut également être l'anglais. Nous sauvegarderons le texte du contrat et vous enverrons les détails de la commande par e-mail. Dans le cas où vous êtes déjà enregistré sur notre site vous pouvez consulter l'historique de vos commandes sur votre espace client.
Dans le cas où nous ne pouvons pas accepter votre commande ou si certains produits de votre commande ne sont plus disponibles, nous vous informerons immédiatement.
B&M se réserve le droit de retirer du contrat de vente tout élément qui aurait subi une erreur d'impression, de description ou de prix sur le site web.
Toutes les commandes sont valables dès lors que le produit est en stock. Dans le cas où, malgré notre accord contractuel, notre fournisseur n'est pas en mesure de nous livrer les produits commandés, nous nous réservons le droit d'annuler un contrat avec un client. Dans ce cas vous serez informé sans délai que le produit commandé ne pourra vous être livré. Les achats déjà payés seront remboursés sous 14 jours ouvrés (le samedi n'étant pas considéré comme un jour ouvré) ou imputés à d'autres produits. Nous pouvons refuser le remboursement jusqu'à réception des produits retournés ou d'une preuve de renvoi des produits, la première des deux éventualités prévalant.
La politique concernant les conditions et conséquences d'une annulation est détaillée dans la section suivante "Politique d'annulation".
You have the right to cancel this contract within 14 days without stating any reason. The statutory cancellation period is 14 days starting from the day when you or a third party, who is not the carrier, has taken possession of the items or, in the case of part deliveries, the final item.
Beyond the statutory cancellation period we voluntarily grant you an extended cancellation period amounting in total to 21 days for the articles which are also subject to the statutory cancellation right.
This cancellation rights must be exercised by informing us,
Fax: +43 (0) 7584-403 601
by means of an unequivocal declaration (e.g. by a letter sent by post, fax or e-mail) of your decision to cancel this contract.
To observe the cancellation period it is sufficient for you to send the statement of your wish to exercise your cancellation rights before the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we have to return to you any payments which we have received from you, including delivery costs (with the exception of any supplementary costs arising from your choice of any means of delivery other than our standard most inexpensive delivery option), without delay and at the latest within fourteen days from the day on which notice of your cancellation of this contract was received by us. For this repayment we shall use the same means of payment you employed for the original transaction, unless expressly agreed otherwise with you; on no account will you incur any financial charge on our part on account of this repayment.
We may refuse any repayment until we have received back the goods or until you have provided proof that you have sent back the goods depending on whichever is earlier.
You must send back or hand back the goods without delay, and in any case at the latest within fourteen days from the day you unformed us of the cancellation of this contract, to:
The time limit is observed if you dispatch the goods before the end of the fourteen day period.
If you are unable to restore or return to us anything provided for service or usage (e.g. benefits of use) or can only do so in part or in a deteriorated condition, you must provided appropriate compensation. For the deterioration of the material and for usages made you must only provide compensation in as far as the usages or the deterioration are the consequence of employing the material in a way that goes beyond its tested features and functioning. By ‘Tested features and functioning’ we mean the testing and trying out of the particular item, as is possible or normal for example in the shop context.
The cancellation right does not exist in the case of the following contracts unless the parties have agreed otherwise:
Contracts for the delivery of goods which are not pre-manufactured and the specification for the production of which is determined by the individual choice of the consumer or which are clearly customized for the individual needs of the consumer.
Contracts for the delivery of sealed goods which for reasons of health protection or hygiene are not suitable for returning if the sealing has been removed after delivery.
Contracts for the delivery of goods if these by reason of their nature have been inseparably intermixed with other goods after delivery.
Contracts for the delivery of audio or video recordings or computer software in sealed packaging if the sealing has been removed since delivery.
Contracts for the delivery of newspapers, periodicals or illustrated magazines with the exception of subscription contracts.
Items that can be sent by parcel are to be sent back at our risk. You bear the direct costs of the return of goods.
The return of goods that cannot be sent by parcel has to be done through Fed Ex Freight or other freight forwarding agencies and the cost must also be borne by the customers. The costs of freight forwarding may vary according to delivery country.
The place of delivery for company business is our company location.
§ 3 DELIVERY
Should nothing different be requested by the customer then the delivery address entered by the customer will be used.
Delivery is assigned to different delivery service providers depending on the country. The relevant individual delivery conditions and delivery costs can be found in the detailed information on the internet page.
If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was indicated to the customer with appropriate notice or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery.
The delivery is sent from stock, the location of which is also the place of delivery. The customer takes over the risk once he/she takes possession of the item.
Delivery and service delays due to acts of God are not the responsibility of B&M. Such events give B&M the right to delay a delivery for the period of disruption and an appropriate restarting period or to withdraw entirely or in part from non completed parts of orders. Acts of God include strikes, natural disasters, war, blockades, import and export restrictions and other national interventions regardless whether they occur at B&M or distributors of B&M.
In the case of effects of acts of God which will cause a delay of a delivery, we will of course inform the customer without delay.
§ 4 PAYMENT AND LATE PAYMENTS
All product prices at B&M are gross prices, include the current rate of VAT in the particular country and are shown in the stated currency. The prices stated at the time of the order including sales tax plus all costs arising from delivery are valid until further notice. Any customs duties occurring through delivery to Switzerland are borne by the buyer.
Settlement is made in Euro. In some countries there may be differences of exchange rates for payments in other currencies than Euro. B&M converts currencies based on the exchange rates of European Central Bank.
Customers from non EU countries and outside Switzerland can order at B&M minus sales tax. The payment of the land specific taxes is the responsibility of the customer and is not part of the obligations of B&M. Any customs duties that may arise have to be paid by the customer.
The retail price is payable upon placement of an order.
The customer can pay the purchase price by credit card and Pay Pal. In the case of payment by cash on delivery any delivery charge will be passed on without supplement. The customer has the possibility at all times of requesting the B&M log-in data in order to follow up his/her order.
Should the customer delay in paying, B&M has the right to charge interest on the delayed payment to the level of 5% above the annual rate set by the Austrian National Bank. If B&M incurs a higher rate of interest for delay, B&M has the right to pass this on.
§ 5 INVOKE A WITHHOLDING RIGHT AFTER NOTIFICATION OF DEFECTS
A right to withhold may be invoked by the customer only when his complaints have been recognised legally or by B&M. The customer is only entitled to exercise his withholding right in as far as his counter claim is based on the same contractual relationship.
§ 6 PROPRIETARY RIGHTS
All of our deliveries and services occur under proprietary right. Until all the claims against the customer have been fully met, the delivered products remain the property of B&M.
§ 7 GUARANTEE
The guarantee period is based on the legal regulations. This is 2 years and begins at the time the customer receives the product.
Claims against B&M which may go beyond guarantee claims based on a manufacturer’s guarantee are excluded in as far as this is legally permissible. Claims arising from a manufacturer’s guarantee can only be claimed by the customer against the manufacturer, who has provided the guarantee.
The guarantee is not valid against normal wear and tear caused by use of a product.
Should a defect in a purchased item be the responsibility of B&M, then B&M is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If B&M is unwilling or not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected for reasons that fall within the responsibility of B&M or if the repair/replacement delivery is unsuccessful, then the customer is entitled to withdraw from his contract or to ask for an appropriate reduction of the purchase price.
If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then B&M will bill the customer for any expenses incurred.
Compensation for consequential damage (due to defects), as well as for any other damage to materials or financial loss and claims for damages by third parties against customers, are excluded, in as far as it is not a case of consumer business.
§ 8 DISCLAIMER
Claims by the customer other than the guarantee claims laid down in §7, especially damages claims, are excluded, in as far as this is legally permissible. Thus B&M accepts no responsibility for damage or harm not directly linked to the delivered object itself and especially not for loss of profit or other financial loss by the customer. In as far as the liability of B&M is excluded or limited, this also applies for the personal liability of employees, representatives or agents.
The liability limitation defined in § 8 sec.1 does not apply in as far as the damage/harm is the result of intentionality or gross negligence or personal injury has occurred.
B&M accepts no responsibility for the eventuality that the services offered from its website are not available without interruption nor for the conservation of stored data.
The customer expressly understands that bindings are only mounted according to their general settings. No adjustments have been made with regards to actual body weight, body size, ability or intended use. The customer understands that sets equipped with pre-mounted bindings are not ready to ride! The customer undertakes to have the settings adjusted according to industry standards by an authorized dealer (technician) and to have them regularly checked.
§ 9 LINKS AND REFERENCES
The links to outside pages made by B&M are only signposts to these sites; therefore they are presented in specific browser windows by means of external links. B&M does not identify with the content of these pages to which reference is made and accepts no responsibility for them.
§ 10 INFORMATION OBLIGATIONS
On ordering the customer is obliged to make truthful statements. In as far as there is a change in the customer’s data, especially names, address, e-mail address, telephone number, the customer is obliged to inform B&M of this change without delay by changing the information given. If the customer fails to give this information or provides false data from the outset, especially a false e-mail address, then B&M may withdraw from the contract, in as far as such a contract has been made.
§ 11 APPLICABLE LAW AND JURISDICTION
Austrian law applies.
In all legal matters Austrian law, excluding any of its reference provisions and the UN sales law, applies exclusively to all legal dealings between B&M and the customer applies, in as far as this is legally permissible.
For consumers as defined in Art 5 EVÜ their national obligatory consumer protection law provisions apply, unless the applicable Austrian provisions are more favourable.
If the customer is not subject to general legal jurisdiction in Austria, has changed residence or moved his/her normal place of residence abroad since the purchase contract was made or his/her normal residence is not fixed/known at the time of any action brought, then Steyr will be applied as the exclusive jurisdiction for any disputes arising directly or indirectly as a result of a contract.
If the customer has his place of residence or is normally present or is employed in Austria, then for an action against him/her in accordance with §§88, 89, 93 Sect. 2 and 104 Para. 1 amended, any question relating to the competence of a particular court can only be determined by place of residence, normal place of presence or employment location. This is not the case with pre-existing disputes. For any legal disputes arising from the contract, the mandatory computer protection law provisions at the consumer’s place of residence are also applicable to the contractual relationship.
B&M recognizes the Internet Ombudsman as an extrajudicial arbitration agency:Internet Ombudsman, Margaretenstraße 70/2/10, A-1050 Wien, Austria www.ombudsman.at
§ 12 DATA PROTECTION
All data collected by us will be used and processed exclusively within the framework of the current data protection laws in accordance with our data protection regulations.
§ 13 SEVERABILITY CLAUSE
Should certain terms of the current contract be ineffective or impracticable or after contract closure be ineffective or impracticable, then the validity of the remaining provisions of the contract still remains unchanged. Practical and effective provisions, the effects of which will come closest to fulfilling the commercial goals pursued by the contracting parties through the ineffective and/or impracticable provisions, will replace the ineffective or impracticable provisions. The provisions above also apply in the case that the contract is incomplete.You can download our general terms here.