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Conditions

TERMS OF SERVICE

 

Terms of Service
from Papillon - Putter ATU24375502

ONLINE SHOP at https://papillon-putter.myshopify.com
Valid from November 11, 2020

1. General

These general terms and conditions (hereinafter: GTC) of the company PAPILLON PUTTER. ”Apply to orders for goods that are sold via the online shop of PAPILLON PUTTER on the website https://papillon-putter.myshopify.com done by the customer.

2 Conclusion of a contract

2.1 The customer's order makes an offer PAPILLON PUTTER to conclude a contract. The receipt of the customer's order is immediately through PAPILLON PUTTER approved. This confirmation does not constitute acceptance of the contract PAPILLON PUTTER, but merely a confirmation of receipt for the information of the customer. The contract only comes through when the order is accepted PAPILLON PUTTER or through actual execution of the delivery. PAPILLON PUTTER is expressly not obliged to accept incoming orders (contract offers). Rejects PAPILLON PUTTER If an incoming contract offer is received, it will notify the customer of this in writing (e.g. by email) without giving reasons.

2.2    PAPILLON PUTTER will provide the customer with a confirmation of the concluded contract including all pre-contractual information in accordance with § 4 FAGG on a permanent data carrier (paper, email) within a reasonable period after the conclusion of the contract, at the latest with the delivery of the goods.

2.3 The contract is concluded in German and English.

3 Scope of services and product information

Golf articles are offered in the online shop. The current total range of goods that can be purchased in the online shop, the essential characteristics of the goods and the total price including all shipping and ancillary costs can be found in the online shop on the website https://papillon-putter.myshopify.com evident.

4 fees

4.1 All prices are gross fees in euros, including all duties, taxes, and packaging and shipping costs. If shipping costs (POST EXPRESS) are to be paid additionally (see point 4.2), these will be shown separately before the purchase contract is concluded.

4.2 The delivery is free of charge from an order value of EUR 300.00 (incl. VAT).

If the order value is lower, the following shipping costs will be charged, unless otherwise stated (POST EXPRESS):

Austria: € 6.50

Germany: € 9.50

All other European countries: € 9.50

4.3 The prices apply until further notice.

5 packaging

Packaging is at the expense of PAPILLON PUTTER in a customary manner in order to avoid damage to the goods during transport to the specified destination under normal transport conditions.

6 Delivery and shipping

6.1 The delivery of the goods takes place after receipt of payment at PAPILLON PUTTER.

6.2 The place of performance for the delivery of goods is the respective shipping point.

6.3 Shipping is worldwide.

6.4 The goods are delivered by POST.

6.5 In addition, the delivery of the goods is generally carried out within the period specified to the customer online. A withdrawal from the contract by the customer due to delay is only permitted after 30 days.

6.6 If an ordered product is permanently not available, reserves the right PAPILLON PUTTER to withdraw from the concluded contract.

6.7   PAPILLON PUTTER reserves the right to make partial deliveries, provided this is reasonable for the customer and necessary for speedy processing.

7 Terms of Payment

7.1 Payment can be made by Visa, MasterCard, PayPal, Amex, Apple Pay & Google Pay

respectively. In any case, the customer must ensure sufficient cover for the chosen means of payment.

7.2 The purchase price is due immediately upon placing the order.

7.3 The customer consents to the invoice being sent electronically.

7.4 In the event of default in payment, the customer is - subject to the assertion of further damage caused by default PAPILLON PUTTER obliged to pay bank charges, statutory default interest as well as collection and collection costs, insofar as these costs are necessary for the appropriate collection or collection of the claim.

7.5 The customer is not entitled to counter claims of PAPILLON PUTTER to be offset. This offsetting prohibition does not apply towards consumers within the meaning of § 1 Paragraph 1 Z 2 KSchG in the event of insolvency of PAPILLON PUTTER or for counterclaims that are legally related to the customer's liability that have been determined by a court or by PAPILLON PUTTER recognized.

7.6 Any transfer and bank charges as well as any roaming charges are to be borne by the customer.

8 Customer Obligations

8.1 The customer is obliged to check the delivered goods immediately for obvious transport damage and to notify the deliverer of this at the time of acceptance.

8.2 The customer who provides contact details and other data in connection with the order confirms that this data is correct, complete and current. The customer is obliged to make mistakes in the payment information PAPILLON PUTTER and correct them immediately.

9 Right of withdrawal for consumer transactions

9.1 If the customer is a consumer within the meaning of Section 1 Paragraph 1 Z 2 KSchG, he has the right to withdraw from the contract within fourteen days without giving any reason.

9.2 You have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you placed the order.

In order to exercise your right of withdrawal, you must inform us (company PAPILLON PUTTER, Mozartstrasse 12, A-2435 Wienerherberg, Email: pepi.j.ebner@icloud.com) by means of a clear declaration (e.g. a letter sent by post or email) of your decision to revoke this contract, to inform. You can use the attached model withdrawal form for this purpose, but this is not mandatory.

9.3 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.

9.4 Excluded from this right of withdrawal are goods which are manufactured according to the customer's specifications or which are clearly tailored to his personal needs (Section 18 (1) Z3 FAGG).

9.5 Consequences of the revocation:

If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back.

You must return the goods to us immediately and in any case as good as new, in the original packaging, at the latest within fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct responsibility and the costs of returning the goods. Please contact us before shipping, we will try to find the cheapest solution together with you. You only have to pay for any loss of goods or value of the goods if this loss of goods or value is due to improper handling of the goods when checking the condition, properties and functionality of the goods.

The right of withdrawal does not apply to the following contracts:

  • Contracts for the delivery of all customer-specific and personalized articles that are not prefabricated and for the production of which individual processing is essential or that are clearly tailored to the personal needs of the consumer. This includes our spare parts.

 


End of revocation

 

10 Transfer of Risk

10.1 The risk is transferred to the customer when the goods are handed over to the carrier.

10.2 If the customer is a consumer within the meaning of Section 1 Paragraph 1 Z 2 KSchG, the risk is generally only transferred to the customer when the goods are handed over, unless the customer himself has concluded the transport contract without one of PAPILLON PUTTER to use the proposed option. In this case, the risk is transferred to the first carrier when the goods are handed over.

11 Reservation of title

The goods delivered to the customer remain the sole property of the customer until the customer has paid in full for the claim due on the basis of the sales contract PAPILLON PUTTER

12 Warranty and Compensation

12.1 The delivered product may differ slightly from the images and information in terms of shape, color and size. This does not mean that the product does not correspond to the contractually agreed properties. The customer is therefore not entitled to any warranty or compensation in this regard.

12.2. The customer must observe the information on properties and use contained in the product descriptions and operating instructions. We accept liability for damage caused by failure to observe these instructions PAPILLON PUTTER Not.

12.3 The statutory warranty provisions apply.

12.4 PAPILLON PUTTER is liable under the title of compensation for property damage caused by her or her to persons attributable to the law only in the event of willful intent and gross negligence.

12.5 Any further liability of PAPILLON PUTTER for lost profit, damage caused by delay, financial damage, consequential damage as well as damage from claims by third parties against the customer is excluded, unless mandatory legal provisions conflict with it.

12.6 Insofar as it does not contradict mandatory statutory provisions, we are liable PAPILLON PUTTER only up to the amount of the fee to be paid for the order.

12.7 If the production / delivery is caused by circumstances independent of the will of the party, e.g. If force majeure, unforeseeable operational disruptions, administrative interventions or labor disputes are delayed, this must be taken into account when assessing whether the delivery was made on time.

12.8 The provisions of the Product Liability Act remain unaffected.

13 Guarantee

The lifetime guarantee of the PAPILLON PUTTER, does not apply to moving parts, plastic rings or silicone vibration dampers.

We point out that brass can change color over time. That is intentional and reflects that you and yours PAPILLON PUTTER have successfully conquered some greens together. 

 

14 Customer Support

If you have any questions, please contact customer support pepi.j.ebner@icloud.com or by phone at +43 699 1111 6699.

15 Out-of-court complaint and redress procedure

The European Commission provides a platform for online dispute resolution that the customer can access under http://ec.europa.eu/consumers/odr  finds. Papillon-Putter is neither obliged nor willing to participate in an alternative dispute settlement procedure before a consumer arbitration board.

16 Applicable law and place of jurisdiction

16.1 Only Austrian law applies to orders and contracts based on these General Terms and Conditions, excluding the UN Sales Convention and conflict of law provisions.

16.2 For all disputes between consumers and entrepreneurs from and in connection with a contract concluded on the basis of these General Terms and Conditions, the court specifically competent for 1010 Vienna is agreed as the exclusive place of jurisdiction.

17 Final provision

Should individual clauses of these terms and conditions be wholly or partially ineffective, this does not affect the effectiveness of the remaining clauses or the remaining parts of the terms and conditions. An ineffective regulation is replaced by a regulation that comes closest to the economic purpose of the ineffective regulation and is effective.

 

 

APPENDIX A.

 Model withdrawal form for consumer transactions via the online shop

If you want to cancel the contract, please fill out this form and send it back.

- To the company Papillon-Putter, Mozartstrasse 12, 2435 Wienerherberg, Austria. Papillon-putter@golfswing.at

 

- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)

- Ordered on (*) / received on (*)

- Name of the consumer (s)

- Address of the consumer (s)

- Signature of the consumer (s) (only when notified on paper)

- date

(*) Delete where inapplicable.

English en