Terms of Service
TERMS OF SERVICE
from PAPILLON - GOLF 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 the order of goods that are placed by the customer via the PAPILLON - PUTTER online shop on the website https://papillon-putter.golfswing.at respectively.
2 Conclusion of a contract
2.1 The customer's order represents an offer to PAPILLON - PUTTER to conclude a contract. Receipt of the customer's order is immediately confirmed by PAPILLON - PUTTER. This confirmation does not constitute acceptance of the contract by PAPILLON - PUTTER, but merely a confirmation of receipt for the information of the customer. The contract is only concluded when the order is accepted, or when the delivery is actually carried out. PAPILLON - PUTTER is expressly not obliged to accept incoming orders (contractual offers). If we rejects an incoming contract offer, it will inform the customer in writing (e.g. by email) without giving reasons.
2.2 PAPILLON - PUTTER 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, but 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 features of the goods and the total price including all shipping and ancillary costs can be seen in the online shop on the website https://papillon-putter.myshopify.com.
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.
The packaging is carried out at the expense of the PAPILLON - PUTTER in the 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 unavailable, PAPILLON - PUTTER reserves the right to withdraw from the contract.
6.7 PAPILLON - PUTTER 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 Payrespectively. 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 obliged - subject to the assertion of further default damage by PAPILLON - PUTTER - 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 set off his claims against claims of the Papillon putter. This prohibition of set-off does not apply to consumers within the meaning of Section 1 (1) (2) KSchG in the event of the insolvency of PAPILLON - PUTTER or for counterclaims that are legally related to the customer's liability that have been determined by a court or recognized by PAPILLON - PUTTER
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 report errors in the payment information to PAPILLON - PUTTER and to 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 withdraw from 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 send a clear declaration to us (company PAPILLON - PUTTER, Mozartstrasse 12, A-2435 Wienerherberg, email: firstname.lastname@example.org) (e.g. a letter sent by post or E-mail) of your decision to withdraw from this contract. 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 that are manufactured according to the customer's specifications or that 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 payments that we have received from you, including the 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 will 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 an 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 (1) (2) KSchG, the risk is generally only transferred to the customer when the goods are handed over, unless the customer has concluded the transport contract himself without using one of the options suggested by PAPILLON - PUTTER. 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
PAPILLON - PUTTER until the customer has paid in full for the claim due on the basis of the sales contract.
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.
PAPILLON - PUTTER not liable for damage caused by failure to observe these instructions.
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 case of intent and gross negligence.
12.5 Any further liability on the part of PAPILLON - PUTTER for loss of profit, damage caused by delay, financial damage, consequential damage as well as damage from third party claims against the customer is excluded, unless otherwise stipulated by mandatory statutory provisions.
12.6 Insofar as it does not contradict mandatory legal provisions, Papillon-Putter is only liable 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.
Lifetime guarantee of the PAPILLON - PUTTER does not apply to moving parts or plastic rings, silicone vibration dampers.
14 Customer Support
If you have any questions, customer support is available at email@example.com or by phone at +43 699 1111 6699.
15 Out-of-court complaint and redress procedureThe European Commission provides a platform for online dispute resolution (OS), which the customer can find at http://ec.europa.eu/consumers/odr. 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 terms and conditions, excluding the UN sales law 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 shall be 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 :
- 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.