General terms and conditions
1. Scope of application
For the business relationship between Sport Rest GmbH and the purchaser, the following General Terms and Conditions apply in the version valid at the time of the order. Sport Rest does not recognize deviating terms and conditions of the ordering party, unless Sport Rest has expressly agreed to their validity in writing.
2. Contracting party, customer service
The sales contract is concluded with Sport Rest GmbH. More information about us can be found in our imprint. For questions, complaints and claims you can contact our customer service Mo-Fr 8:30 – 18:00 under the phone number 0664/53 12 792.
3. Conclusion of contract and withdrawal
By placing the products in the Sport Rest, we make a binding offer to conclude a contract for these items. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail. In case of spelling, printing or calculation errors on the website, Sport Rest is entitled to withdraw from the contract. All offers are valid while stocks last. If the supplier of Sport Rest does not supply Sport Rest with the ordered goods despite contractual obligation, Sport Rest is also entitled to withdraw from the contract. In this case the orderer will be informed immediately that the ordered product is not available. The already paid purchase price will be refunded immediately.
4. Delivery
Unless otherwise agreed, delivery is made ex warehouse to the delivery address specified by the purchaser. The risk is transferred to the customer as soon as the delivery is handed over to the customer by the delivering parcel service, postal service or logistician.
The dimensions and weights determined by us are decisive for our calculations. Partial deliveries are permitted.
Delivery time: up to 10 working days
5. Shipping costs
For all orders shipping costs to Austria € 4.95 and Germany € 7.95.
You can find the shipping costs here.
6. Payment
Payment is made by:
Credit card
Your credit card will be charged upon completion of payment.
Sofortüberweisung
You will be referred directly to your online bank account via the service of sofortüberweisung.de, where you set a transfer of the order amount while you are still placing your order. After you have confirmed the transfer via TÜV certified payment system with PIN/TAN entry, your account will be debited immediately.
Prepayment
If you choose the payment method prepayment, we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
7. Default
If the purchaser is in default of payment, Sport Rest is entitled to charge interest on arrears in the amount of 4% above the base interest rate p.a. announced by the Austrian National Bank (ÖNB). If Sport Rest has demonstrably incurred a higher damage caused by default, Sport Rest is entitled to claim this.
The customer has to pay all amounts at the latest 7 days after receipt of the payment request without deduction; the receipt of the amount on one of our business accounts is decisive. After unsuccessful expiration of the deadline, the order will be removed from the program without further notice.
8. Set-off, retention
You only have the right to offset if your counterclaims have been legally established or acknowledged in writing by Sport Rest. Furthermore, you are only authorized to exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
9. Reservation of proprietary rights
Until the complete settlement of all claims existing against the purchaser, the delivered goods remain the property of Sport Rest GmbH.
10. Warranty for defects and liability
If there is a defect in the purchased goods for which Sport Rest GmbH is responsible, Sport Rest is entitled to choose between rectification of the defect or replacement delivery. If Sport Rest is not willing or able to remove the defect/replace the delivery or if this is delayed beyond a reasonable period of time for reasons for which Sport Rest is responsible, or if the removal of the defect/replacement delivery fails in any other way, the purchaser is entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction of the purchase price. Unless otherwise stated below, further claims of the purchaser, regardless of the legal grounds, are excluded. Sport Rest GmbH is therefore not liable for damages that have not occurred to the delivery item itself; in particular, Sport Rest Gmbh is not liable for lost profits or for other financial losses of the purchaser.
11. Transport damages
If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the delivery person and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or transport insurance.
12. Applicable law and place of jurisdiction
Austrian law shall apply. The exclusive place of jurisdiction for all claims in connection with the business relationship is Salzburg. Sport Rest is also entitled to sue at the general place of jurisdiction of the orderer.
13. Cancellation policy
Consumers have a fourteen-day right of withdrawal.
The consumer has no right of withdrawal from contracts for:
Goods whose price depends on fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period.
Goods that are made to customer specifications or clearly tailored to personal needs.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The return costs will not be borne by Sport Rest GmbH.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Sport Rest GmbH, Markt 159,5570 Mauterndorf, Austria, office@sport-rest.com, phone: +43 6472 20044) by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) of your decision to withdraw from this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, except for delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We shall bear the costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
The right of withdrawal does not apply to the following contracts:Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.
The revocation is to be addressed to:
Sport Rest GmbH
Market 159
5570 Mauterndorf
E-Mail: office@sport-rest.com
Tel. +43 6472 20044 60
14. Cost bearing agreement when exercising the right of withdrawal
You bear the direct costs of returning the goods if the delivered goods correspond to the ordered goods.
15. Contract text storage
We store the contract text and send you the order data and our terms and conditions by e-mail. You can also view and download the terms and conditions at any time here on this page. You can view your past orders in our customer login.
16. Contract language
The language available for the conclusion of the contract is German.
