General Terms and Conditions for the Online Shop of Natural AthletX e.U.
Street: Eckermannstraße 15, Postcode, city: 4060 Leonding, Austria
1.1. These General Terms and Conditions apply to all contracts between you as a customer (hereinafter referred to as the “Customer”) and us as the Operator of the online shop of Natural AthletX e.U. (hereinafter referred to as the “Operator”). The Customer can purchase products from the Operator’s online shop exclusively under these General Terms and Conditions.
1.2. These General Terms and Conditions are binding for all present and future business transactions between the Customer and the Operator, even if no explicit reference is made to them.
1.3. Any terms and conditions that contradict, supplement or deviate from these General Terms and Conditions of Business shall only become part of the contract if they are expressly acknowledged in writing by the Operator and confirmed as having been produced by the company. There are no verbal side agreements. Any waiver of the written form requirement must also be in writing.
1.4. Insofar as contracts are concluded with consumers within the meaning of the Austrian Consumer Protection Act, any mandatory provisions of the Consumer Protection Act shall take precedence over these General Terms and Conditions of Business should they conflict with them.
2.1. The subject of the contracts concluded via the website www.natural-athletx.com is the purchase and sale of sportswear. The product presentations of the Operator in the online shop are subject to change, non-binding and to be understood as an invitation to the Customer to make an offer himself and only available while stocks last. The product presentations do not represent a binding offer to conclude a contract.
2.2. The Customer can place the goods intended for purchase in the “shopping basket” and make any changes in this basket at any time after accessing it. After accessing the “Checkout” page and entering the personal data, as well as selecting the payment and shipping conditions, all order data is finally displayed again in an overview. Before sending the order, the Customer has the possibility to check all details again, to change them or to cancel the purchase.
2.3. After entering his personal data, the Customer makes a binding offer to the Operator to conclude a contract by sending the order (clicking the button “Commit to pay”). The receipt of the order and the content of the Customer’s binding offer is confirmed by the Operator by email to the Customer (order acknowledgement). The order acknowledgement does not represent an acceptance of the Customer’s binding offer. The acceptance of the offer (and thus the conclusion of the contract) takes place through confirmation in text form (e.g. email), in which the execution of the order is confirmed to the Customer (order confirmation) or with the actual execution of the delivery of the goods by the Operator to the Customer. This shall also apply if the Customer has paid or instructed payment of the invoice amount prior to conclusion of the contract on the basis of the payment method selected by him.
2.4. The order acknowledgement by the Operator is not considered as acceptance of the offer, but serves only to inform the Customer. The Operator is not obliged to accept the offer made by the Customer. In case of non-acceptance of the offer by the Operator, the Operator will inform the Customer by email.
2.5. If the order by the Customer includes several articles, the contract is only concluded for those articles which the Operator expressly states in the order acknowledgement.
2.6. The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. The Customer must therefore ensure that he can be reached via the email address stored in the Operator’s online shop, that the receipt of emails is technically ensured and in particular that it is not prevented by SPAM filters.
3. Retention of title:
3.1. The delivered goods remain the property of the Operator until full payment is received. The assertion of the reservation of title shall only constitute a withdrawal from the contract if this is expressly declared.
3.2. Before the transfer of ownership of the reserved goods, the Customer is not permitted to gift, loan, pledge or transfer ownership of the goods by way of security.
3.3. A resale before transfer of ownership of the reserved goods by the Customer is only permitted if the Operator has been notified of this in good time and in advance, stating the name or company and the exact (business) address of the purchaser, and the Operator has given its prior written consent to the sale. In the event of the resale of the reserved goods, the Customer already now assigns to the Operator – until the Operator’s claims are settled – the claims against his Customer/client arising from the resale, including future claims, on account of payment and the Operator is authorised at any time to inform the third-party debtor of this assignment and to collect the claim itself. If the Customer is an entrepreneur, the Customer must make a corresponding note of the assignment in his books and on his invoices. If the Customer is not entitled to any claim from the resale but receives a payment in return, the Customer transfers the future consideration to be received to the Operator already now and holds it for the Operator until the actual transfer to the Operator (anticipated possession).
4.1. The statutory warranty provisions apply. In case of detected defects, the Operator shall remedy the defects exclusively by replacing the defective goods. In any event, improving the goods would represent a disproportionate effort.
4.2. If the Customer is an entrepreneur, he is obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify the Operator in writing and in a specified manner of obvious defects within seven days of acceptance of the goods. Punctual dispatch is sufficient to meet the deadline. If the Customer violates this obligation to inspect and give notice of defects, he can no longer assert claims for warranty (Sections 922 et seqq. of the Austrian Civil Code (ABGB)), for compensation for damages due to the defect itself (Section 933a (2) ABGB), for compensation for consequential damages or other claims for damages, as well as for an error regarding the freedom of the item from defects (Sections 871 et seq. ABGB) (preclusion).
5. Compensation for damages:
5.1. The liability of the Operator for claims for damages is excluded in cases of slight negligence. This does not apply to personal injury.
5.2. If the Customer is an entrepreneur, the liability of the Operator is also excluded for gross negligence. In this case, the Customer bears the burden of proof for the existence of fault. Consequential damages, pure financial losses, immaterial damages or indirect damages as well as lost profits will not be compensated.
5.3 The limitation period for claims for damages is six months from the date of knowledge of the damage and the party causing it. In any case, claims for damages shall become statute-barred within three years of the occurrence of the damage.
5.4. According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. The Operator is not liable for the constant and/or uninterrupted availability of the website and the services offered there.
6. Choice of law, contractual language, place of performance, place of jurisdiction:
6.1. As far as there is no mandatory law to the contrary, these General Terms and Conditions and contracts concluded on the basis of these General Terms and Conditions shall be governed by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods.
6.2. The language of contract, order and complaint is German. The content of the contract, all other information, customer service and complaints are offered throughout in German.
6.3. Unless otherwise agreed, the place of performance for deliveries and services is the registered office of the Operator’s company.
6.4. For any disputes – with the exception of consumer transactions, for which the statutory places of jurisdiction apply – the court with subject-matter jurisdiction at the registered office of the Operator’s company in Linz shall have exclusive jurisdiction.
7. Data protection:
The Operator is subject to the provisions of the Austrian Data Protection Act. The Customer’s personal data is stored and processed exclusively for the purpose of contract processing (handling payment transactions, accounting, etc.) and for the fulfilment of legal regulations.
Should one or more provisions of these General Terms and Conditions of Business be invalid in whole or in part or become invalid due to legal provisions, the remaining provisions of these General Terms and Conditions of Business shall remain in effect unchanged. The contracting parties undertake to replace the invalid or inadmissible provision by a valid and admissible provision, the content of which comes closest to that of the invalid or inadmissible provision in economic terms.
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/
We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.
The competent body in this matter is: Universalschlichtungsstelle des Bundes am Zentrum Schlichtungen Mariahilfer Straße 103/1/18 1060 Wien, https://www.verbraucherschlichtung.at/