General Terms and Conditions

GTC of Golfsport Company KG – golfballs.at – golfsimulator.kaufen – valid from 1.4.2022

1. Applicability of General Terms and Conditions (GTC)

Unless expressly agreed otherwise, our GTC as communicated to the contractual partner shall apply.

Our contractual partner agrees that, in the event they use their own GTC, our terms shall prevail in case of doubt, even if the contractual partner's terms remain unopposed.

Any acts of contract performance on our part shall not constitute consent to terms deviating from our conditions. Should ambiguities remain in the interpretation of the contract, they shall be resolved by applying the terms customarily agreed upon in comparable cases.

2. Our Offer

Our offers are non-binding.

2.1. Offer in E-Commerce

We are not obligated to provide information pursuant to §§ 9, 10 ECG.

2.2. Distance Selling Offers / Right of Withdrawal Notice

2.2.1. In the Case of Online Orders for Goods

Customers who are consumers within the meaning of the Consumer Protection Act may withdraw from a contract concluded at a distance (or from a contractual declaration made at a distance) within a period of 14 calendar days from receipt of the ordered goods.

It is sufficient if the withdrawal declaration is sent within the deadline without stating any reasons; Saturdays do not count as working days.

In the event of withdrawal, a full or partial refund of the purchase price will only be made upon return of the goods received by the customer. The cost of return shipping shall be borne by the customer.

The goods should be returned in unused, resalable-as-new condition and in their original packaging. For items showing signs of use or with damaged packaging, we will charge an appropriate fee for the reduction in value. The same applies if accessories or parts are missing upon return.

For used products, e.g. second-hand golf products, an exchange or right of withdrawal exists only if the products are returned sealed in the original PVC bag as packaged by us, since it is impossible for us to verify whether the goods may have been exchanged or not.

The cost of return shipping is in all cases borne by the customer, regardless of whether the goods were not a suitable fit or a decision was simply made to keep the item(s).

Should the goods be returned freight unpaid, we are entitled to withhold or invoice the corresponding amount.

Shipping costs incurred by us when dispatching goods to the customer will be passed on to the customer and deducted from the refund of the purchase amount.

A right of withdrawal for audio or video recordings such as CDs, DVDs, videos, etc., as well as computer software, exists only if the goods have not been unsealed.

2.2.2. In the Case of Online Orders for Services

Customers who are consumers within the meaning of the Consumer Protection Act may withdraw from a contract concluded at a distance (or from a contractual declaration made at a distance) within a period of 7 working days. The withdrawal period begins on the day the contract is concluded, with Saturdays not counting as working days.

It is sufficient if the withdrawal declaration is submitted within the deadline without stating any reasons.

In the event of withdrawal, a full or partial refund of the price will only be made in exchange for the return of any services already received. Services received must be returned to the greatest extent possible and may no longer be used – even partially – or otherwise benefit the customer. We will retain an appropriate fee for services already rendered. Any costs of return shall be borne by the customer.

The right of withdrawal does not apply, however, if performance of the service / ordering of the goods from the supplier or commencement of production or manufacturing has already begun within the withdrawal period as agreed.

No right of withdrawal exists for the order of goods and products that are manufactured specifically for the customer or must be imported from a third country (e.g. the USA). This applies in particular to goods and products such as golf simulators and their additional components such as impact screens, artificial turf, hitting bays and/or floor constructions.

2.3. Optional Supplementary Provision

It is agreed that performance of the ordered service(s), production or manufacturing commences immediately or within seven working days of the order. No right of withdrawal exists for service(s), production or custom manufacturing.

2.3.1. Price Labeling / Typographical Errors / Order Cancellation by Golfsport Company KG

Golfsport Company Trading GmbH reserves the right to refund any online order placed on golfsimulator.kaufen or other webshops of Golfsport Company KG in the event of pricing or typographical errors within 7 days of the sale, at no cost to the buyer, via the same payment method used for the purchase.

Any legal remedy against this provision is mutually excluded.

2.4. Installation of Golf Simulator Systems

2.4.1 Quotation / Planning / Measurement:

We assume that the plans made available to us accurately reflect true measurements and real-world conditions.

The responsibility for executing and measuring the location – i.e. adapting the room to the simulator – lies with the client.

This applies expressly and especially to planning work that cannot be carried out, or can only partially be carried out, by our staff on site.

For all installations outside a radius of 200 motorway kilometres from Vienna / Austria, all travel costs incurred before, during and after the installation shall be borne by the client.

Excluded from this are technical faults within the contractor's area of responsibility that can only be resolved on site.

This includes full reimbursement of travel costs and expenses, rental car and hotel costs, as well as a flat daily rate of 300 Euro / person for work carried out at the installation site.

Within a radius of 200 km from Vienna, a flat rate of 100 Euro excl. VAT for work carried out on site is deemed agreed.

Special arrangements must be confirmed in writing by Golfsport Company Trading GmbH and are not automatically considered agreed.

2.4.2 Commencement / Scope / Deadline of Performance

Golfsport Company generally commences performance upon receipt of the agreed down payment / full payment in our account; the agreed delivery period also begins on the date of receipt of payment.

Golfsport Company is entitled to make minor modifications to commenced services if this is technically necessary, expedient and reasonable for the client. Such modifications to services and additional services not attributable to the risk sphere of the company Riepl shall be separately remunerated by the client.

The work shall be carried out in accordance with the construction schedule / agreed date. If no construction schedule exists, the contracting parties shall reach a mutual agreement on the execution timeline.

Golfsport Company reserves the right to an extension of the performance deadline and the associated additional costs in the event of unforeseen circumstances.

Should the client, despite the setting of a grace period, fail to respond to the request to clarify construction-relevant details, thereby causing delays in performance, the company Riepl is entitled to halt construction and invoice for services rendered to date.

All resulting costs and delays are the responsibility of the client; at minimum, the project fee as specified in our GTC 2.4.6 will be charged.

2.4.3. Completion / Payment / Support

Upon completion and commissioning of the simulator installation, a final payment must be made after the handover session, either in cash or by advance transfer.

Any items required to operate the installation, e.g. handover of the security dongle, will only be released once full payment has been received and cleared in our account.

We provide free telephone / TeamViewer support for 30 days after installation; thereafter, the scope of support will be agreed upon individually and invoiced to the client accordingly.

A further on-site visit to the simulator installation by Golfsport Company is only provided free of charge if a technical fault attributable to our side is identified.

In particular, it must be ensured that a technician can remotely access the PC at the installation via a high-speed internet connection.

Should the installation cease to function due to improper use or other circumstances beyond the control of Firma Riepl, full cost reimbursement (travel expenses, rental car and hotel + 300 excl. VAT / person and day flat rate) must be provided by the contractor.

2.4.4. Cancellation – Golf Simulator Installation Custom Made

Should circumstances arise that make installation of the simulator in the client-planned room impossible or only partially possible, a partial or full reimbursement of services rendered to Golfsport Company shall be due, depending on the work already completed.

This applies in particular to all planning and production steps that have been custom-made exclusively for the client.

In any case, the project fee as specified in our GTC 2.4.6 will be charged.

2.4.5. Cancellation for Brokered Golf Simulator Installations (FSG, About Golf, Hi Def Golf, etc.)

In the event of a brokered golf simulator installation that is fully or partially installed by a third-party company, we reserve the right, in the event of non-feasibility of the installation, to also invoke the terms and conditions and cancellation policies of our partner company.

Depending on the work already completed, the client shall be required to provide partial or full reimbursement of services to Firma Riepl and to the contractor engaged by Riepl.

In any case, the project fee as specified in our GTC 2.4.6 will be charged.

2.4.6. Project Fee / Special Expenses

It is agreed that in the event of a cancellation of a golf simulator installation – e.g. installation not feasible due to construction constraints, or cancellation by the client – a project fee of 20% of the total net order value becomes due; in the case of a deposit already paid, this amount will be deducted from the deposit and refunded to the client's account within 30 days net, without further deductions.

If no deposit has been made and Firma Riepl has already commenced construction of the installation, a fee of 20% must be paid into our account within 14 days net, without further deductions.

For purchases made directly through our online shop and for online payments under the Distance Selling Act, e.g. golf launch monitors or other third-party golf products, the provisions governing e-commerce and §3 of the Austrian Consumer Protection Act, including its right of withdrawal provisions, apply. Excluded from this are products subject to registration, e.g. software, which are entirely excluded from exchange.

3. Protection of Plans and Documents / Confidentiality

Plans, sketches, quotations and other documents such as brochures, catalogues, samples, presentations and similar materials remain our intellectual property. Any use thereof – in particular forwarding, reproduction, publication or making available, including partial copying – requires our express consent.

All documents listed above may be reclaimed by us at any time and must in any case be returned to us immediately and without request if the contract does not materialise.

Our contractual partner furthermore undertakes to maintain confidentiality towards third parties regarding any knowledge gained through the business relationship.

4. Price (Purchase Price, Works Fee)

We are entitled to invoice the work performed by us, unless otherwise agreed, based on actual time and effort incurred. These invoices are payable within 14 days of receipt. Each working hour, including travel time, will be charged at € 50. Commenced hours, including travel time, are billed as full hours.

If no substantiated written objection is raised against our invoice within 2 weeks, it shall be deemed approved in any case. We are expressly entitled to issue partial invoices where services are rendered in stages.

All prices quoted by us are to be understood as exclusive of VAT unless expressly stated otherwise. In the event of invoicing, the statutory VAT will be added to these prices.

4.1. Value Retention Clause

Value stability of the claim, including ancillary claims, is expressly agreed. The Consumer Price Index 2 published monthly by the Austrian Federal Statistical Office, or any index replacing it, shall serve as the basis for calculating value stability.

The index figure calculated for the month in which the contract is concluded shall serve as the reference value for this contract. Fluctuations in the index figure of up to but not including 3% in either direction shall be disregarded and will only be taken into account in full once this tolerance range is exceeded. This tolerance range must be recalculated each time it is exceeded in either direction, with the first index figure falling outside the applicable tolerance range always forming the basis both for the new determination of the claim amount and for the calculation of the new tolerance range. The resulting amounts shall be rounded to one decimal place using standard commercial rounding.

In the case of consumer transactions, no price changes will be charged during the first two months from the date of contract conclusion – unless these have been expressly negotiated individually.

5. Payment Terms (Due Date, Instalment Payment, Discount)

The buyer / client undertakes to pay the purchase price / works fee in full at the time of contract conclusion.

Payment shall only be deemed timely if the amount has been received and credited to our account by the due date.

If the buyer / client fails to make even a single instalment payment within the agreed discount payment period, they forfeit their right to a discount not only with respect to that instalment, but also with respect to all payments already made or yet to be made.

For golf simulator installations, the project fee as specified in our GTC 2.4.6 is due.

6. Default Interest

Even in the event of non-culpable payment default by the buyer / client, we are entitled to charge default interest at a rate of 10% above the base interest rate per annum; this does not affect any claims for reimbursement of proven higher interest costs.

7. Transport – Risk of Loss

Unless expressly agreed otherwise, the costs and risk of transport for deliveries shall be borne by our contractual partner.

8. Retention of Title

The goods remain our property until full payment of the purchase price and all costs and expenses. Resale is only permitted if we are informed in advance in a timely manner, including the name or company and the precise business address of the buyer, and we consent to the resale. In the event of our consent, the purchase price claim shall be deemed assigned to us, and we are entitled at any time to notify the third-party debtor of this assignment. In the event of multiple claims on our part, payments by the debtor shall be applied primarily to those of our claims that are no longer secured by a retention of title or other security measures.

In the event of even partial default of payment, the buyer hereby agrees that we may collect the goods at his expense at any time.

In the event of default, we are entitled to assert our rights under the retention of title. It is agreed that the assertion of the retention of title does not constitute withdrawal from the contract, unless we expressly declare withdrawal from the contract.

9. Place of Performance

The place of performance for both our obligations and the counter-performance is 2482 Münchendorf – Austria.

10. Non-Performance / Delivery and Performance Delays

The buyer/client must in any case accept minor delays in delivery deadlines without being entitled to claim damages or to withdraw from the contract.

10.1. Default of Acceptance

Should our contractual partner be in default of acceptance, we are entitled either to store the goods on our premises, for which we will charge a storage fee of € 5 per commenced calendar day while simultaneously insisting on fulfilment of the contract, or, after setting a reasonable grace period, to withdraw from the contract and dispose of the goods elsewhere.

11. Cancellation Fees / Withdrawal Penalty

The buyer has the right to withdraw from the contract without stating reasons upon payment of a cancellation fee (withdrawal penalty) of 35% of the purchase price/contract sum.

12. Unilateral Changes to Performance

Objectively justified and reasonable changes to our performance or delivery obligations, in particular reasonable delivery deadlines or minor payment deadline overruns on our part, are deemed approved in advance.

Objectively justified and minor changes that do not affect the price may be made by us. This applies in particular to such delivery deadline overruns. We will notify the buyer of the expected duration of any delay as soon as it can be estimated, but no later than one week before the originally agreed delivery date.

13. Warranty

Except in cases where the right to rescission is provided by law, we reserve the right to fulfil warranty claims at our discretion through repair, replacement, or price reduction.

The recipient must always prove that the defect already existed at the time of handover.

The goods must be inspected promptly upon delivery. Any defects identified must be reported to the seller immediately, but no later than within 14 days of delivery, with details of the nature and extent of the defect.

Hidden defects must be reported immediately upon discovery. If a defect notice is not raised or not raised in time, the goods shall be deemed accepted. In such cases, the assertion of warranty or damages claims as well as the right to contest the contract on grounds of error due to defects are excluded.

The warranty period is 2 years for movable goods and 3 years for immovable goods from the date of delivery/performance.

13.1. Right of Recourse pursuant to § 933b ABGB

The right of recourse pursuant to § 933b ABGB becomes statute-barred one year after delivery/performance.

14. Damages

Claims for damages in cases of minor negligence are excluded; this does not apply to personal injury. Claims for compensation become statute-barred 3 months after the claimant becomes aware of the damage and the party responsible, and in any event 2 years after the performance or delivery was rendered.

15. Product Liability

Any recourse claims directed against us by contractual partners or third parties under the title of "product liability" within the meaning of the PHG are excluded, unless the party entitled to recourse demonstrates that the defect originated within our sphere of responsibility and was caused by at least gross negligence.

16. Set-Off

Set-off against our claims with counter-claims of any kind whatsoever is excluded.

17. Prohibition of Refusal of Performance and Retention Rights

Justified complaints do not entitle the buyer to withhold the entire invoice amount, but only an appropriate portion thereof.

18. Formal Requirements

All agreements, subsequent amendments, additions, collateral agreements, etc. require written form to be valid, including original signature or a secure electronic signature.

Declarations, notices, etc. addressed to us – with the exception of defect notices – require written form, including original signature or a secure electronic signature, to have legal effect.

19. Choice of Law

This contract is governed by Austrian substantive law. If the contractual partner is a consumer and the conditions of Art. 5 para. 2 of the European Convention on the Law Applicable to Contractual Obligations (EVÜ) are not met, but a case under Art. 5 para. 4 in conjunction with para. 5 EVÜ exists, the choice of law shall not result in the consumer being deprived of the protection afforded by the mandatory provisions of the law of the country in which the consumer has his habitual residence.

20. Jurisdiction Agreement

The court having subject-matter jurisdiction at the registered seat of our company shall have local jurisdiction to decide all disputes arising from this contract. However, we also reserve the right to bring an action before the court of general jurisdiction of the contractual partner.

For all actions brought against a consumer who has their domicile, habitual residence, or place of employment within the country in connection with disputes arising from this contract, jurisdiction lies with one of the courts within whose district the consumer has their domicile, habitual residence, or place of employment. For consumers who do not have a domicile in Austria at the time of conclusion of the contract, the statutory places of jurisdiction shall apply.

21. Arbitration Agreement – Arbitration

21.1. Domestic Arbitration

All disputes arising from this contract shall be finally decided by the permanent arbitration tribunal of the Austrian Federal Economic Chamber in accordance with its applicable rules of arbitration by a sole arbitrator/panel of arbitrators (delete as applicable).

21.2. International Arbitration at the WKÖ

All disputes arising out of or in connection with this contract, including disputes relating to its breach, termination, or invalidity, shall be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one or more arbitrators appointed in accordance with these rules.

English Version

All disputes arising out of this contract or related to its violation, termination or nullity shall be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one or more arbitrators appointed in accordance with these rules.

21.3. Arbitration at the International Chamber of Commerce in Paris

All disputes arising out of or in connection with this contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with those rules.

English Version

All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

22. Further Provisions

22.1. Electronic Invoicing

Our customer agrees that invoices may also be issued and transmitted to them electronically, provided they are created with a secure electronic signature.

22.2. Acceleration Clause

To the extent that the customer is required to fulfill their payment obligation in installments, it is agreed that in the event of failure to pay even a single installment on time, all remaining outstanding partial payments shall become immediately due without any further grace period.

In consumer transactions, the above provision applies accordingly, provided that we have fully rendered our service, at least one overdue payment by the customer has been outstanding for a minimum of six weeks, and we have issued a reminder to the customer setting a grace period of at least two weeks and warning of the acceleration of the remaining balance.

22.3. Default Interest on Credit Transactions with Consumers

In credit transactions with consumers, default interest amounts to the interest rate agreed for contractual payment plus 5 percentage points per annum.

23. PRIVACY POLICY

can be found at https://staging.golfsimulator.kaufen/de/datenschutz

24. Name and Address

Golfsport Company KG
Am Kanal, 2a/5
2482 Münchendorf
Austria

Tel.: +43225930305
E-Mail: oliver@golfsport.company
Website: www.golfsport.company