General Terms and Conditions (GTC) of Eye Golf GmbH
These terms and conditions apply to all purchases from Eye Golf GmbH made by private customers.
In this sense, private customers are persons who cannot be attributed to their commercial or self-employed professional activities.
The conditions are a legally binding part of the contract and are recognized as effective by the customer when the order is placed. Deviating terms and conditions, ancillary agreements and changes are generally objected to; in exceptional cases, they must be in writing to be effective.
Our contractual partner agrees that in the case of the use of general terms and conditions by him, our conditions are to be assumed in case of doubt, even if the conditions of the contractual partner remain unchallenged.
§2 Conclusion of contract
The presentation of our goods and the granting of the opportunity to place an order represent a concrete offer on our part to conclude a sales contract.
The contract is not deemed to be concluded until a written order confirmation has been sent; Eye Golf has no obligation to provide deliveries and services up to this point in time. The offers of the company Eye Golf are not binding and non-binding.
We grant our business partners non-binding permission to use Eye Golf logos, brand names, videos, photos, product names, product descriptions and/or instructions for use in connection with the sale of Eye Golf products during our business relationship. Eye Golf intellectual property may not be transferred to any other product, implied or actual. Use must be discontinued upon notification by Eye Golf or termination of our business relationship.
§4 Prices and shipping costs
The prices shown are final prices including sales tax and, unless otherwise agreed, the prices are in euros. Furthermore, these are recommended sales prices in Austria, which include the statutory sales tax. The amount that is shown at the time of the binding order applies. There are also shipping costs, which depend on the shipping method and the size and weight of the goods you have ordered.
Payment for private customers takes place during or before delivery, depending on the payment method, by means of:
- Credit card (Visa, Mastercard, AMex)
- Payment in advance
- Shop Pay
- Google Pay
For commercial customers, Eye Golf reserves the right to demand full payment of the purchase price prior to delivery.
Otherwise, the purchase price is to be paid within 7 days of the invoice date without any deductions.
§6 Default of payment
The object of purchase or the goods remain the property of Eye Golf until the purchase price and all associated costs and expenses have been paid in full. If you are in default of payment, Eye Golf is entitled to demand default interest of 10 percentage points. If Eye Golf has demonstrably incurred a higher damage caused by the delay, Eye Golf is entitled to assert this.
(1) Delivery will be made to the delivery address specified by the customer within
- Germany and Austria
- EU countries: Belgium, Denmark, Estonia, Finland, France (mainland), Greece, Ireland, Croatia, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal (mainland), Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary , Cyprus
- Non-EU countries: Switzerland, Norway, United Kingdom (mainland), Lichtenstein
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, Eye Golf's obligation to perform is excluded. Amounts already paid will be reimbursed by Eye Golf.
(3) Eye Golf can also refuse performance if this requires an effort that is grossly disproportionate to the customer's interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be reimbursed by Eye Golf.
(4) If Eye Golf has not expressly promised a delivery or service date as binding in writing, the information on this is non-binding. In any case, the buyer must accept minor exceeding of the delivery period without being entitled to a claim for damages or a right of withdrawal.
In the absence of an express agreement to the contrary, our contractual partner bears the costs and risk of transport for deliveries. Obvious transport damage or shortages must be reported to the supplier immediately, acknowledged by him and immediately reported to Eye Golf.
§8 Retention of title
The delivered goods remain the property of Eye Golf until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant any use of the goods to third parties.
§9 Warranty rights
(1) A product that was already defective upon delivery (guarantee case) will be replaced by Eye Golf at the customer's option and at Eye Golf's expense with a product that is free of defects or have it professionally repaired (subsequent performance). The customer is informed that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. A warranty case does not exist in the following cases in particular:
a) in the event of damage caused by misuse or improper use by the customer,
b) for damage caused by the products being exposed to harmful external influences (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, Eye Golf does not provide any guarantee for a fault that has arisen as a result of improper repairs by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort which, in view of the product price, taking into account the content of the contract and the requirements of good faith, is grossly disproportionate to the customer's performance interest - with the value in particular of the purchased item in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be used without significant disadvantages for the customer - the customer's claim is limited to the other type of subsequent performance. Eye Golf's right to refuse this other type of subsequent performance under the aforementioned condition remains unaffected.
(4) Eye Golf's statutory warranty begins upon receipt of the goods. The goods must be examined immediately after delivery. Defects found in the process must also be reported to the seller immediately, but no later than 7 days after delivery, stating the nature and extent of the defect.
Hidden defects must be reported immediately after their discovery. If a notice of defects is not raised or not raised in good time, the goods are deemed to have been approved. In this case, the assertion of warranty claims or claims for damages as well as the right to contest errors due to defects are excluded.
(1) In the case of slight negligence, Eye Golf is only liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, limb or health. Eye Golf is not liable for any other damage caused by slight negligence due to a defect in the purchased item.
(2) Irrespective of Eye Golf's fault, Eye Golf's liability in the event of fraudulent concealment of the defect or the assumption of a guarantee remains unaffected.
(3) Eye Golf is also responsible for the accidental impossibility of delivery that occurs during its delay, unless the damage would have occurred even if the delivery had been made on time.
(4) The personal liability of Eye Golf's legal representatives, vicarious agents and employees for damage caused by them through slight negligence is excluded.
(5) If the buyer asserts claims for damages against Eye Golf, he is obliged to provide evidence of both causation and culpability.
Claims for recourse, which the contractual partner or third parties address to us under the title "product liability" within the meaning of the Austrian PHG, are excluded unless the person entitled to recourse proves that the error was caused in our sphere and was at least caused by gross negligence. Eye Golf's liability for consequential damage to the contractual partner is excluded for any type of economic damage, in particular lost profit.
§11 Applicable Law
The contract concluded between you and Eye Golf is exclusively subject to the law of the Republic of Austria, with the express exclusion of the UN Sales Convention. This does not affect the mandatory provisions of the state in which you have your habitual residence.
If, contrary to the information you provided when ordering, you do not have a place of residence in the Republic of Austria or move your place of residence abroad after conclusion of the contract or your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Graz, Austria.
§13 Final Provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.
(2) Changes or additions to this contract must be made in writing.(3) Austrian substantive law shall apply to this contract. Separate conditions apply to the conclusion of contracts with consumers. Should a provision of the contract or the general terms and conditions be or become invalid, the remaining provisions and agreements remain unaffected. In this case, the ineffective provision should be replaced by a legally effective provision that comes as close as possible to the purpose clearly pursued by both contracting parties. The same applies to filling any gaps in the contract.
Eye Golf is entitled to store and process the contractual partner's data in accordance with the applicable provisions of the Data Protection Act within the framework of mutual business transactions.
Eye Golf GmbH, Wolfsberg 211, 8421 Wolfsberg im Schwarzautal, Austria, Europe