for the webshop and ticket shop of SK Sturm sales & communications GmbH
Status: June 2020
1. Scope of application
These General Terms and Conditions (hereinafter referred to as "GTC") of SK Sturm sales & communications GmbH (hereinafter referred to as "SK Sturm") in the version valid at the time of the order shall apply to all contractual agreements concluded within the framework of the web and ticket shop.
By placing an order, the customer agrees to these GTC. These GTC shall apply to all future business transactions, even without repeated express agreement.
Amendments and supplements to the GTC as well as verbal agreements that deviate from the content of these GTC shall only become effective upon written confirmation by SK Sturm. SK Sturm expressly contradicts any general terms and conditions of business or purchase of the customer. Any general terms and conditions of business submitted by the customer that deviate from these GTC shall not be valid unless their validity has been expressly agreed to in writing.
The terms and conditions are stored in the web and ticket shop as a printable PDF file.
2. Contractual language
The contractual language is German. All other information and settlements are offered in German.
3. Applicable law, place of jurisdiction and place of performance
These GTC and the contracts to be concluded under these GTC shall be governed by Austrian substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention), unless mandatory provisions of the law in the country in which the customer - who is a consumer - is domiciled take precedence. Insofar as the legal transaction is not concluded with a consumer, the parties agree on the exclusive jurisdiction of the competent court in Graz. In relation to consumers, the statutory place of jurisdiction shall apply.
4. Data protection
It is expressly pointed out that for the fulfilment of the contract, names, addresses, telephone numbers and fax numbers, e-mail addresses as well as the payment modalities of the customer are stored on data carriers for the purpose of automation-supported support (accounting, customer file). Customer data will not be passed on to third parties, except in cases where this is necessary for the fulfilment of the order (to the executing delivery company).
5. Conclusion of contract
All offers made by SK Sturm are invitations to the customer to make an offer. The offers of SK Sturm are subject to confirmation. It is only possible to place an order if the customer's details are complete.
The customer's order constitutes a binding offer by the customer to conclude a contract. The receipt of the order shall be confirmed after the order has been sent by means of an automated e-mail (order confirmation), which does not yet constitute acceptance of the contract. The contract shall only become legally effective upon confirmation of the order by SK Sturm or upon actual performance of the service to the customer.
6. prices, shipping costs, due date and default
The product prices stated by SK Sturm at the end of the ordering process are final prices including the statutory value-added tax and plus shipping costs. The shipping costs shall be shown separately during the ordering process. No shipping costs shall be charged for deliveries within Austria. For deliveries to Germany 7,90 Euro will be charged. For deliveries to other countries in Europe, 18.90 euros will be charged. Unless a discount has been expressly agreed, the customer is not entitled to a discount. The purchase price is generally due immediately with the order by the customer, unless otherwise agreed.
SK Sturm accepts the following payment options:
- Credit card (Mastercard, VISA)
The debit will be made immediately after the order. The charges incurred are to be borne by the customer.
- Sofort AG
In the event of late payment, interest on arrears will be charged at the statutory rate from the due date of the claim. Furthermore, in the case of late payment for transactions between companies, a compensation for collection costs of a flat rate of € 40.00 will be charged. Any further (legal) claims remain unaffected.
Insofar as the customer is not a consumer, a possible complaint about the goods does not entitle the customer to withhold the purchase price due to SK Sturm. A set-off of own claims against the claims of SK Sturm is inadmissible unless the claim is undisputed or has been legally established or is not related to the customer's liabilities.
SK Sturm will execute the order without unnecessary delay. The dispatch of the ordered goods - if they are in stock - shall generally take place within one week of receipt of payment.
However, delivery dates and deadlines are non-binding and shall only be considered as a guideline unless they are expressly declared as binding in writing. The delivery address specified by the customer shall be decisive for the delivery, unless otherwise agreed. If delivery to the customer is not possible because the customer does not accept the ordered goods or has not correctly indicated the delivery address, the customer shall bear the costs for the unsuccessful delivery. Insofar as the customer is not a consumer, the customer undertakes to notify SK Sturm as well as the forwarding agent, post office or other carrier in writing or by e-mail of any transport damage immediately after it has been detected. SK Sturm reserves the right to ship multi-piece orders either separately or collectively at its discretion, especially if the ordered quantities are not available at once.
8. Transfer of risk
If the customer is a consumer, the general statutory provisions on the transfer of risk apply. In the case of deliveries to entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer as soon as the goods are handed over to the forwarding agent or the transport company.
9. Duty to inform
The customer must truthfully provide SK Sturm with all information and facts necessary for the provision of the service. Changed circumstances, in particular changes in the customer's data (name, address, e-mail) must be brought to SK Sturm's attention without delay.
10. Cancellation policy
Customers who are to be regarded as consumers may withdraw from a distance contract or a contract concluded outside business premises within 14 days without stating reasons. The information on the conditions and consequences of withdrawal are stated in the withdrawal policy below:
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods or on which you or a third party named by you, who is not the carrier, have taken possession of the last goods, the partial shipment or the last item. In order to exercise your right of withdrawal, you must inform us of the following
SK Sturm sales & communications GmbH
Tel: +43 316 771 771 12
by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including 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 delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from 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 for 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 delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods, insofar as the order value does not exceed €50.00.
You 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.
Exceptions to the right of withdrawal
The right of withdrawal does not apply in particular to orders of the following goods:
- Goods that have been inseparably mixed with other goods after delivery due to their nature;
- Goods that are manufactured according to customer specifications or are clearly tailored to personal needs;
- Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery;
- Goods or services whose price depends on fluctuations in the financial market over which SK Sturm has no influence and which may occur within the withdrawal period;
- Goods that can spoil quickly or whose expiry date would be quickly exceeded:
- Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications; and
- Alcoholic beverages whose price was agreed upon conclusion of the contract but which cannot be delivered earlier than 30 days after conclusion of the contract and whose current value depends on fluctuations on the financial market over which SK Sturm has no influence.
- Furthermore, a right of withdrawal for customers does not exist for the following contracts:
- services in the areas of accommodation for other than residential purposes, transport of goods, rental of motor vehicles as well as delivery of food and beverages and services provided in connection with leisure activities, provided that in each case a specific time or period is contractually provided for the performance of the contract by the entrepreneur. This means that insofar as SK Sturm offers services from the area of leisure activities (ticket shop), in particular tickets for events, there is no right of withdrawal. Each order for tickets is thus binding immediately after confirmation by SK Sturm and obliges the customer to accept and pay for the tickets ordered.
- Sound or video recordings or computer software supplied in a sealed package, provided that the seal has been removed after delivery.
11. Retention of title
The delivered goods remain the property of SK Sturm until all claims arising from the contract, including interest, discounts unjustifiably retained by the customer or deductions not recognised by SK Sturm, costs incurred and the like, for whatever legal reason, have been paid.
As long as a reservation of title exists and not all claims have been settled in full, the customer undertakes to treat the goods with care and to observe due diligence. Pledges or transfers of ownership by way of security before full payment are excluded. Should the goods be pledged or seized or accessed by third parties in any other way, the customer has to point out SK Sturm's ownership, to inform SK Sturm about this immediately and to provide SK Sturm with all information and documents required to enforce the right of ownership.
Insofar as the customer is a consumer, the general statutory provisions of warranty law shall apply. The warranty is to be understood as the legally ordered liability for defects that the purchased goods have at the time of handover to the customer. Defects that only occur at a later point in time are generally not covered by the warranty. In the event of a warranty claim, SK Sturm is entitled to improve or replace the goods. Only if the improvement or the replacement is impossible or would involve a disproportionately high effort for SK Sturm or if SK Sturm cannot fulfil the request for replacement or improvement or cannot fulfil it within a reasonable period of time, the customer is entitled to demand a price reduction or cancellation (complete annulment of the contract).
Insofar as the customer is not a consumer, the customer shall inspect the goods immediately upon receipt for completeness and conformity with the order. Obvious defects must be notified in writing immediately upon receipt, defects which are recognisable upon proper inspection within 8 days of receipt, other defects within one week of their discovery, together with a detailed description of the defect. If the complaint is not made, acceptance shall be deemed to have taken place and any warranty shall be excluded. In the event of proper notification of defects, the provisions of warranty law shall apply. A warranty period of one year is agreed between customers who are not consumers and SK Sturm.
13. Manufacturer's warranty
Insofar as a manufacturer has given a voluntary undertaking that the goods will function properly for a certain period of time (manufacturer's guarantee), the manufacturer's guarantees in this respect shall apply. The conditions and limitations of the respective manufacturer's warranties can be found in the respective warranty conditions.
If the customer is a consumer, the general statutory liability provisions shall apply. Liability for slight negligence in the case of damage to property is excluded. Claims for damages shall become statute-barred within 3 years of knowledge of the damage and the damaging party.
If the customer is not a consumer, SK Sturm is not liable for a certain success and in any case only for grossly culpable breaches of duty and at most up to the fair value of the goods ordered by the customer. Liability for slight negligence is excluded. Furthermore, SK Sturm shall only be liable for typical and foreseeable damage, i.e. for damage that could reasonably be expected to occur at the time of the conclusion of the contract according to the circumstances known at that time. Claims from (consequential) damages as well as from damages for which the customer can obtain insurance coverage or which are controllable by the customer, from other indirect damages and losses or lost profits as well as generally financial losses, in particular from defective, omitted or delayed performance of services, are expressly excluded. The claims for damages to which the customer, who is not a consumer, is entitled in accordance with the above provisions shall become statute-barred within six months of knowledge of the damage and the damaging party.
15. Force Majeure
Insofar as the customer is not a consumer, force majeure or other unforeseen hindrances in the sphere of SK Sturm release it from the compliance with the agreed obligations. Force majeure also includes, in particular, operational and traffic disruptions, improper performance by sub-suppliers, transport interruptions or production stoppages; SK Sturm is released from the obligation to perform for the duration of the aforementioned hindrance without the customer being entitled to a price reduction or other damages.
16. Severability clause
Insofar as the customer is not a consumer, the invalidity of a provision of these GTC shall leave all other provisions in force. The void provision shall be replaced by an economically equivalent or similar but permissible provision.