General Terms and Conditions for the Webshop of EISBÄR SPORTMODEN GMBH
(as of November 2021)
Contractual partner for all orders:
Eisbär Sportmoden GmbH
Hauptstraße 15, A-4101 Feldkirchen/Danube
email: firstname.lastname@example.org www.myeisbaer.com FN163189i,
Regional Court LinzUID: ATU43479703
For the online sale of goods via the EISBÄR webshop (www.myeisbaer.com), these General Terms and Conditions for the EISBÄR webshop shall apply exclusively. Other terms and conditions, in particular the terms and conditions of customers, shall only apply if they have been accepted by us. Without the Customer's consent to these General Terms and Conditions, a purchase is unfortunately not possible. This consent is expressly requested from the customer with every online order.
We sell our goods to consumers as defined by § 1 KSchG. All offers and information on goods and prices in the EISBÄR webshop are subject to change and non-binding.
The offering of products in the EISBÄR-Webshop at any particular time does not imply or warrant that such products will be available at all times. We reserve the right to discontinue any product at any time.
We further reserve the right to change our Terms and Conditions from time to time without notice. The version of the Terms and Conditions applicable to your order shall be the version published in the EISBÄR webshop at the time of the order.
Formation of the contract in electronic commerce
You can select individual goods from the range in the EISBÄR webshop and collect them in an electronic shopping basket by clicking on them. A binding order shall only be deemed to have been placed once you have entered all the data required for the performance of the contract, confirmed that you have read and understood these General Terms and Conditions and clicked on the "Buy" button. Until you click this button, you can change and correct your order and the data entered for your order at any time. With your order you make a binding offer to conclude a purchase contract. As soon as we have received your offer, you will receive an e-mail confirming that we have received your order and listing its details. As far as you do not have already printed out and/or otherwise saved the data of your order and these General Terms and Conditions as part of the ordering process, we advise you to print out and save this e-mail. We do not store any data. Before dispatch, we will check the availability of the items you have ordered. If one or more articles are not available, we do not accept your offer in this respect and you will immediately receive a corresponding notification by e-mail. However, the sending of the order confirmation does not constitute a purchase contract; the order confirmation merely documents that we have received your order.
We reserve the right to accept your order; however, we are not obliged to conclude a contract based on your order. The binding acceptance of your offer takes place only by sending the ordered goods. You will receive notification of this by means of a separate e-mail as soon as the goods have been handed over by us to the transport company. Within the framework of the EISBÄR webshop, only orders placed using the system provided can be considered. Unfortunately, we cannot accept other orders (orders by fax, letter or e-mail) for technical reasons. We do not accept orders from minors under the age of 18.
The product-describing data, in particular illustrations, drawings, descriptions, measurement and weight data are non-binding insofar as the delivered goods deviate only insignificantly (e.g. due to production) from these data. Colour deviations of the goods shown on the website are due to technical reasons.
Availability and delivery time of goods
We are entitled to make partial deliveries within the scope of what is reasonable for the customer.
Changes to the goods by the upstream suppliers shall also lead to a corresponding change in the purchase contracts concluded with us, without the need for any further declaration. Delivery disruptions on the part of our upstream suppliers shall entitle us to make corresponding changes to our own performance commitments.
If one or more of the goods you ordered are no longer available at the time of your order, we are unfortunately unable to fulfil your order in full. In such a case, we reserve the right to choose whether to fulfil the order partially or to reject it completely. We will then inform you of this immediately by e-mail.
If the goods you have ordered are available, or if the goods you have ordered are available, the time taken for delivery to the address you have provided will be approximately 2 to 4 working days from receipt of your order in the normal course of business. In the unlikely event that the delivery time is longer than 30 days, you have the right to cancel your order.
All prices stated for goods in the EISBÄR webshop are inclusive of statutory value added tax. Up to a purchase value of € 39.90 (for Austira, Germany and Benelux) and € 49,90 (for all other countries in Europe) we charge additional shipping costs for each shipment in varying amounts.
Country Shipping costs
Austria EUR 4,90
Germany EUR 4,90
All other countries in Europe EUR 14,95
If the goods are shipped in several partial deliveries for one order, the flat rate shipping fee will only be charged once.
We deliver with the Austrian Post, DHL "Go-Green" or another provider of our choice. Return shipments are free of charge for customers from Austria and Germany, provided that they are registered by the customer via the return shipment system provided in our online shop. The costs for return shipments from all other countries are to be borne by the customer. Unfree returns will not be accepted and are always at the expense of the customer. Please also note the special regulations for a revocation according to point 9.
You can choose between different methods of payment: Payment by instant bank transfer, credit card (Visa, MasterCard) or payment by PayPal: (your bank or credit card details are stored at PayPal after your own registration).
Please note that you may incur additional costs for transfers, account management, etc. as a result of agreements you have concluded with credit institutions or other institutions.
We reserve the right to restrict the use of the above-mentioned payment methods individually to the use of one or more payment methods.
We charge a flat rate of EUR 5,- for each reminder. You are at liberty to prove that Eisbär Sportmoden GmbH incurred lower expenses or no expenses at all for the reminder. Further claims of Eisbär Sportmoden GmbH, in particular claims for damages and claims for interest on arrears, remain unaffected.
Retention of title
We retain title to the delivered goods until the purchase price has been paid in full. Pledges or transfers of security in favour of third parties are excluded without our consent. In the event of seizure by third parties, the buyer is obliged to notify us immediately.
Warranty and compensation
The following applies to consumers as defined by the KSchG: The statutory warranty provisions apply. All information about the goods are quality information and no guarantees.
We shall be liable for damages in the event of intentional or grossly negligent conduct on the part of our executive bodies and vicarious agents, as well as for damages arising from injury to life, limb or health, irrespective of the degree of fault. We accept no liability for any errors in our advertising material and data errors in our Eisbär Sportmoden GmbH based on slight negligence. Claims under the Product Liability Act remain unaffected.
The following applies to entrepreneurs as defined by the KSchG: Assignment of warranty claims by the customer is excluded. Each delivery is to be checked immediately for its perfect condition and completeness. Defects are to be asserted and proven immediately after receipt of the products with specific reference to the transaction (in particular by stating the order or invoice number).
We make every reasonable effort to accurately display the characteristics of our products, including their composition and colors. However, colour display depends on your computer system and we cannot guarantee that your computer will accurately display the colours.
Reference to telephone costs
Telephone costs result for you with telephone contact or contact by fax in accordance with your telephone contract, beyond that no further costs result for you.
Right of withdrawal and cancellation policy
Statutory right of revocation and revocation instruction for consumers iSv § 1 KSchG:
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken or has taken possession of the goods.
In order to exercise your right of withdrawal, you must send us
Eisbär Sportmoden GmbH, Hauptstraße 15, A-4101 Feldkirchen/Donau
E-Mail: email@example.com Web: www.myeisbaer.com
by means of a clear declaration (e.g. a letter sent by post or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form, which is not mandatory.
In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the 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 from the day on which we received the 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 immediately and in any case no later than 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 bear the costs of returning the goods in Austria and Germany. In all other countries, you bear the direct costs of returning the goods.
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 testing the quality, characteristics and functioning of the goods.
The right of revocation does not apply to distance contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or The customer shall be entitled to return goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
If you return the delivered goods to us within the cancellation period without an expressly declared cancellation, we will treat this as a cancellation and the cancellation consequences explained above will apply.
Sample revocation form:
If you wish to cancel the contract, please complete this form and return it to Eisbär Sportmoden GmbH, Hauptstraße 15, A-4101 Feldkirchen/Donau, Austria, e-mail: firstname.lastname@example.org.
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Goods ordered on (*)Goods received on (*)
Name of consumer(s)Address of
consumer(s) Signature of consumer(s) (only in the case of notification on paper)
If own or manufacturer warranties are granted, the details result from the warranty conditions, which are visible online in the product detail view as well as in writing attached to the delivery. In the event of defects in the delivered item, you shall be entitled to the statutory rights within the scope of the warranty/liability for defects separate from any warranty. The statutory warranty claims are not limited by a warranty.
You are obliged to check the goods received for obvious defects and to notify Eisbär of these within 2 weeks of receipt of the goods. The timely dispatch of the notification to us is decisive. If you do not comply with the obligation to notify defects, warranty claims for these obvious defects are excluded.
In all other respects the statutory rights in respect of defects shall apply.
We, our legal representatives or vicarious agents shall only be liable in the event of intent or gross negligence. Claims for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations.
Copyright and Trademarks
The website operated by us as well as its entire content, in particular texts, photos, images, graphics, prints, textile designs, films, presentations, sounds, illustrations and any software as well as all trademarks and/or designs are all protected by industrial property rights, in particular copyrights, rights to names and images, trademarks and/or registered or unregistered design rights against unauthorised use. Any use outside of the selection and purchase of goods requires prior written consent on our part or, if the respective rights are not held by us, on the part of the rights holder.
The users of the EISBÄR webshop expressly acknowledge and agree that the data collected in connection with the use of the website operated by Eisbär Sportmoden GmbH, in particular personal data such as (name, address, e-mail address, telephone number), will be processed with computer support.
Eisbär Sportmoden GmbH points out that for the purpose of simplifying the shopping process and for subsequent contract processing, Eisbär Sportmoden GmbH stores the customer's IP data as part of cookies, as well as the customer's name, address and credit card number. No data is transmitted to third parties, with the exception of the transmission of the credit card number to Paylife for the purpose of debiting the purchase price. Once the purchase has been completed or the purchase process has been cancelled, the data stored in the cookies will be deleted. The data name, address and credit card number are stored until the delivery of the goods (or: "until the expiry of the warranty obligation). The data processing takes place on the basis of the legal regulation. You also expressly acknowledge and agree to this.
Eisbär Sportmoden GmbH declares that it will use the data it collects exclusively for its own purposes and will not pass it on to third parties. In all other respects, personal data will be treated confidentially and in compliance with all existing and future data protection regulations.
By concluding the contract, you expressly agree to accept emails, telephone calls and mail from Eisbär Sportmoden GmbH in accordance with § 107 TKG 2003. This declaration of consent can be revoked at any time.
General / Applicable law
If any part of these terms and conditions is held to be invalid or unenforceable by any court or regulatory authority, the remaining terms and conditions shall continue in full force and effect.
The substantive Austrian law shall apply to the exclusion of the reference norms of international private law as well as to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).