General Terms and Conditions
der Sports Management Program GmbH, FN 212321 m, 4820 Bad Ischl, Traunkai 12 (hereinafter also referred to as "SMP GmbH“)
1. General - Scope
a) The following General Terms and Conditions (GTC) apply to all business relationships between us, SMP GmbH, and the customer, and govern the formation, processing, and legal scope of all contracts and negotiations concluded between us and the customer. The version valid at the time of the conclusion of the contract is decisive. The customer can save the GTC applicable to their order or request them from us via email at any time; the currently valid GTC will be stored and archived by us.
b) The SMP GmbH offers tennis products for purchase to both consumers and entrepreneurs through the online shop www.racketspot.at. Consumers are defined as consumers under the Consumer Protection Act (KSchG) and thus are individuals who are not entrepreneurs. Entrepreneurs are natural or legal persons or legally capable partnerships for whom the relevant contract pertains to the operation of their business. Businesses are all organizations engaged in independent economic activity that are established for the long term, even if they are not profit-oriented..
c) Customers are both consumers and entrepreneurs.
d) Deviating, opposing, or supplementary terms and conditions will not become part of the contract, even if known, unless their validity is expressly agreed to in writing.
2. Contract conclusion
a) The product descriptions contained in the online shop of SMP GmbH do not constitute binding offers from SMP GmbH, but serve to submit a binding offer by the customer..
b) The customer can submit the offer through the online order form integrated into the SMP GmbH online shop. In doing so, the customer, after placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, makes a legally binding contractual offer regarding the goods and/or services contained in the shopping cart by clicking the button that finalizes the order process. Furthermore, the customer can also submit the offer via email, by mail, or by phone to SMP GmbH.
c) Before the binding submission of the order via the online order form of SMP GmbH, the customer can identify any input errors by carefully reading the information displayed on the screen. The customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
d) The SMP GmbH accepts the customer's offer by sending the customer a written order confirmation or an order confirmation in text form (fax or email), and the purchase price is paid by the customer when selecting the payment method Mollie using the payment methods "credit card" (by charging the credit card), "giropay," "iDEAL," and "esps" (each by charging the account), or when selecting the payment method "Paypal" (the payment receipt through Paypal) occurs, or when selecting the payment method "prepayment" (the payment receipt occurs in the account of SMP GmbH).
e) When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), in accordance with the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, SMP GmbH hereby declares the acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.
f) When submitting an offer through the online order form of SMP GmbH, the contract text is stored by SMP GmbH and sent to the customer after the order is placed, along with the present terms and conditions in text form (link in email). Additionally, the contract text is archived on the SMP GmbH website and can be accessed by the customer free of charge through their password-protected customer account by providing the corresponding login details, provided that the customer has created a customer account in the SMP GmbH online shop before placing their order.
g) The order processing and contact are usually conducted via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by SMP GmbH can be received at that address. In particular, the customer must ensure that all emails sent by SMP GmbH or by third parties commissioned by them for order processing can be delivered, especially when using SPAM filters.
h) As far as agreements between the customer and SMP GmbH are made after the order, e.g., regarding the proper execution of the order, these are only binding in written form.
i) The language of the contract is German. The English version of the terms and conditions is merely a translation of the German version. Therefore, the binding language of the agreement with the customer is German. The German version of these terms and conditions takes precedence.
3. Prices and Payment Terms
a) Unless otherwise stated in the product description of SMP GmbH, the prices listed are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be specified separately in the respective product description.
b) For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, currency exchange fees) or import duties or taxes (e.g., customs duties) or additional shipping fees for overweight. Such costs may also arise in relation to money transfers even if the delivery does not take place in a country outside the European Union, but the customer makes the payment from a country outside the European Union.
c) The customer has the payment options "Paypal," "credit card," "eps," "iDEAL," "giropay," or "prepayment" available. If prepayment is agreed upon, payment is due immediately after the contract is concluded.
d) BWhen selecting a payment method offered through the payment service "PayPal," the payment processing is carried out by PayPal, which may also use the services of third-party payment service providers. If SMP GmbH offers payment methods through PayPal where it advances payment to the customer (e.g., invoice purchase or installment payment), it assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the assignment declaration from SMP GmbH, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. SMP GmbH reserves the right to refuse the selected payment method to the customer in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, payment can only be made to PayPal or the payment service provider commissioned by PayPal with a discharging effect. However, SMP GmbH remains responsible for general customer inquiries, such as regarding the goods, delivery time, shipping, returns, complaints, cancellation declarations and submissions, or credits, even in the case of the assignment of claims.
e) When selecting the payment method "credit card," "eps," "iDEAL," or "giropay" via Mollie, the invoice amount is due immediately upon contract conclusion. The payment processing is carried out by the payment service provider Mollie HQ., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (info@mollie.com) (hereinafter: „Mollie“). Mollie reserves the right to conduct a credit check and to refuse this payment method in the event of a negative credit assessment.
f) Customer payments are considered made only at the time they are received in the account of SMP GmbH. Fees from foreign banks or transfer institutions are to be borne entirely by the customer. The total invoice amount must be credited to the account of SMP GmbH without any foreign fees.
g) In the event of payment default by the customer, the statutory default interest rates apply; furthermore, SMP GmbH is entitled to demand compound interest. Additionally, the customer is obligated to reimburse SMP GmbH for any reminder and collection costs incurred, as long as they are necessary for appropriate legal action. If SMP GmbH conducts the reminder process itself, the customer agrees to pay an amount of EUR 20.00 for each reminder issued.
h) Additional costs for subsequent order changes will be charged to the customer, which must be agreed upon in writing.
i) The invoice will be automatically sent to the customer via email.
4. Shipping costs
The shipping costs for the respective items and delivery locations can be viewed at any time in the online shop and also during the ordering process, and are as follows:
- Austria: € 5,99 inkl. Mwst.
- Germany: € 9,98 inkl. Mwst.
- Central Europe: € 14,98 inkl. Mwst.
- Central Europe:1: € 16,80 inkl. Mwst.
- Europe: € 19,99 inkl. Mwst.
- International Shipping Zone 1: € 19,95 exkl. Mwst.
- International Shipping Zone 2: € 24,99 exkl. Mwst.
- International Shipping Zone 3: € 29,99 exkl. Mwst.
- International Shipping Zone 4: € 39,95 exkl. Mwst.
The prices apply up to 2 kg; for special sizes or heavier deliveries, a surcharge will be calculated based on the actual additional transportation costs incurred.
For deliveries to non-EU countries, import duties may be charged separately by authorities or carriers. These are not included in the shipping costs and must be paid by the customer to the respective customs authorities or reimbursed to SMP GmbH.
5. Delivery and Shipping Terms
a) The delivery of goods is made via shipping to the delivery address specified by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address provided in the order processing of SMP GmbH is decisive.
b) If the shipping company returns the shipped goods to SMP GmbH because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. For the return shipping costs, the provisions made in the cancellation policy of SMP GmbH apply in the case of effective exercise of the right of withdrawal by the customer.
c) Self-pickup is possible, provided that this has been agreed upon separately.
6. Damage from Transport
Obvious transport damages must be reported to the delivery person immediately, adequately documented (e.g., by photo), and communicated to SMP GmbH via email.
7. Delivery times
The SMP GmbH is only obligated to perform the service once the customer has fulfilled all obligations necessary for execution, particularly all technical and contractual details, preliminary work, and preparatory measures. The delivery time is on average 2 to 12 business days from the order confirmation by the SMP GmbH. The SMP GmbH is entitled to exceed the agreed deadlines and delivery periods, whereby the customer is only entitled to withdraw from the contract after the expiration of 12 business days, setting a grace period of at least 14 business days (at least 24 days outside of Europe)..
8. Minor changes in performance
If it is not a consumer transaction, minor or other changes to the performance or delivery obligations of SMP GmbH that are reasonable for the customer are considered to be approved in advance.
9. Limitation of Liability and Indemnification
a) Outside the scope of the Product Liability Act, our liability is limited to intent or gross negligence. Liability for slight negligence, compensation for consequential damages and property damages, unachieved savings, loss of interest, and damages from third-party claims against the customer are excluded.
b) The above limitations of liability do not apply in cases of bodily injury and health damage attributable to us or in the event of the customer's loss of life.
c) We are only responsible for our own content on our website. As far as we provide links to other websites, we are not responsible for the foreign content contained there. We do not adopt the foreign content as our own. If we become aware of illegal content on external websites, we will promptly block access to these pages.
d) The warranty periods are reduced to 6 months in a business transaction. Claims for damages must be asserted within 6 months of knowledge of the damage and the injurer in a business transaction.
10. Obligation to Report and Inspect
The customer is obliged to check the order confirmation immediately upon receipt and to notify SMP GmbH of any complaints without delay. Otherwise, the order is considered accepted and will be delivered as ordered. Entrepreneurs must report defects immediately; otherwise, the assertion of warranty claims is excluded. The type of warranty through rectification or replacement delivery is at the discretion of SMP GmbH. In the case of justified complaints about individual products in the entire order, the customer is not entitled to complain about the entire order..
11. Retention of title and its enforcement
All goods are delivered by SMP GmbH under retention of title and remain the property of SMP GmbH until full payment is made. The assertion of the retention of title is only considered a withdrawal from the contract if this is expressly stated. In the event of the return of the goods, SMP GmbH is entitled to charge for any transport and handling costs incurred. In the case of third-party access to the retained goods - particularly seizures - the customer is obliged to point out the ownership of SMP GmbH and to notify them immediately. If the customer is a consumer or not a business owner for whom trading in the goods acquired from SMP GmbH is part of their regular business operations, they may not dispose of the retained goods until the outstanding purchase price claim has been fully settled, and in particular may not sell, pledge, give away, or lend them. The customer bears the full risk for the retained goods, especially the risk of loss, destruction, or deterioration.
12. Assignments of claims
In the case of delivery under retention of title, the customer hereby assigns their claims against third parties, to the extent that these arise from the sale or processing of goods from SMP GmbH, as collateral until the final payment of the claims. The customer is required to name their buyers to SMP GmbH upon request and to inform them of the assignment in a timely manner. The assignment must be noted in the business records, particularly in the open items list, and made visible to the buyer on delivery notes, invoices, etc. If the customer is in default with their payments, the sales proceeds received by them must be separated and held by the customer solely for SMP GmbH. Any claims against an insurer are hereby assigned to SMP GmbH within the limits of § 15 of the Insurance Contract Act. Claims against SMP GmbH may not be assigned without our express consent.
13. Retention
If it is not a consumer transaction, the customer is only entitled to withhold a reasonable portion of the gross invoice amount in the event of a legitimate complaint, except in cases of reversal..
14. Data protection, address change, and copyright
a) With our "Privacy Information," we inform our customers about:
– Type, scope, duration, and purpose of the collection, processing, and use of personal data required for the execution of orders and billing;
– his right to object to the creation and use of his anonymized user profile for the purposes of advertising, market research, and the tailored design of our offerings;
– the transfer of data to companies commissioned by us that are obligated to comply with legal data protection regulations for the purpose and duration of credit checks as well as the shipment of goods;
– the right to free information about his/her personal data stored with us;
– the right to correction, deletion, and blocking of their personal data stored with us.
b) Any collection, processing, and use of personal data beyond what is stated in lit. a) requires the customer's consent. The customer has the option to provide this consent before placing their order. The customer has the right to revoke the consent at any time with effect for the future (see "Data Protection Consent") Link.
c) Personal data will not be disclosed without the consent of the affected individual—unless there are mandatory legal obligations to the contrary—and will only be used for internal purposes (accounting, statistics). SMP GmbH is entitled to use, store, process, and collect this data for marketing purposes..
d) The customer agrees that their personal data, namely name/company, profession, date of birth, company registration number, powers of representation, contact person, business address and other addresses of the customer, telephone number, fax number, email address, bank details, credit card information, and VAT number may be collected, stored, and processed using automated means for the purpose of fulfilling the contract and customer support, as well as for their own advertising purposes, for example, to send offers, promotional brochures, and newsletters (in paper and electronic form), and for the purpose of referencing the existing or previous business relationship with the customer (reference notice). The customer agrees to receive electronic mail for advertising purposes until further notice. This consent can be revoked at any time in writing via email or letter to the contact details provided at the top of the terms and conditions.
15. Cancellation Policy for Consumers
a) The customer has the right to revoke their declaration of intent regarding the conclusion of the contract within fourteen days from the day of the contract conclusion without providing any reasons. In this case, the customer must return the goods in their original packaging immediately, but no later than 14 days from the submission of the withdrawal declaration to SMP GmbH. Exceptions to this are – unless otherwise agreed – the cases mentioned in the following lit. b)..
b) There is no right of withdrawal for goods or services whose price depends on fluctuations in the financial market that are beyond the entrepreneur's control and that may occur within the withdrawal period. Similarly, there is no right of withdrawal for goods that are made to customer specifications or are clearly tailored to personal needs, and for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery.
c) The customer is responsible for compensating any depreciation that goes beyond the mere removal from the packaging and an initial commissioning to determine usability, etc..
d) To exercise the right of withdrawal, the customer must inform their decision to withdraw from this contract through a clear statement (e.g., a letter sent by post or an email). The customer may use the attached sample withdrawal form for this purpose, although it is not mandatory. The customer can also fill out and submit the sample withdrawal form (LINK) or another clear statement electronically on the SMP GmbH website. If the customer takes advantage of this option, SMP GmbH will promptly send a confirmation of receipt of such withdrawal (e.g., via email). The withdrawal should be addressed to:
Sports Management Program GmbH, FN 212321 m
Traunkai 12
4820 Bad Ischl
Austria
Tel.-Nr.: +43 (0) 664 1605177
E-Mail: office@smp-austria.com; ask@toalson.at; shop@racketspot.at
e) Consequences of Withdrawal. If the customer legally withdraws from this contract, SMP GmbH must promptly refund all payments received from the customer, excluding delivery costs, no later than fourteen days from the day the notification of the withdrawal from this contract is received by SMP GmbH. For this refund, SMP GmbH will use the same payment method that the customer used for the original transaction, unless a different arrangement has been expressly agreed upon in writing with the customer; in no case will the customer be charged any fees for this refund. If the customer has requested that the service should begin during the withdrawal period, the customer must pay SMP GmbH a reasonable amount that corresponds to the portion of the services already provided up to the point at which the customer informs SMP GmbH of the exercise of the right of withdrawal regarding this contract, in comparison to the total scope of services provided for in the contract.
16. Applicable Law, Jurisdiction, and Place of Performance
a) The place of performance is 4820 Bad Ischl/Austria. Austrian law applies. The provisions of the UN Sales Convention do not apply. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence..
b) As the jurisdiction for all disputes arising directly or indirectly from the contract, the competent Austrian court with local and subject matter jurisdiction for our registered office is agreed upon. If the customer is a consumer, this jurisdiction is only considered agreed upon if the customer has their residence, habitual abode, or place of employment within this jurisdiction or if the customer resides abroad.
17. Severability Clause
If any individual provisions of the contract with the customer, including these terms and conditions, are or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The wholly or partially invalid provision will be replaced in contracts with entrepreneurs by a provision whose economic success comes as close as possible to that of the invalid provision..