General Terms and Conditions of Business
of Sports Management Program GmbH, FN 212321 m, 4820 Bad Ischl, Traunkai 12 (hereinafter also referred to as „SMP GmbH“)
1. General Information – Scope of application
a) The following General Terms and Conditions (GTC) apply to all business relationships between us, SMP GmbH, and the customer and govern the conclusion, processing and legal validity of all contracts and negotiations concluded between us and the customer. The version valid at the time the contract is concluded shall apply. The customer can save the GTC valid for his order or request them from us by email at any time; we shall save and archive the valid GTC.
b) SMP GmbH offers tennis products for sale to both consumers and entrepreneurs via the online store www.toalson.at. Consumers are consumers within the meaning of the Consumer Protection Act (KSchG) and thus persons who are not entrepreneurs. Entrepreneurs are natural or legal persons or partnerships with legal capacity for whom the contract in question is part of the operation of their business. Companies are all permanent organizations of independent economic activity, even if they are not profit-oriented.
c) Customers are both consumers and entrepreneurs.
d) Deviating, conflicting or supplementary General Terms and Conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.
2. Conclusion of contract
a) The product descriptions contained in SMP GmbH's online store do not constitute binding offers by SMP GmbH, but are intended for the submission of a binding offer by the customer.
b) The customer can submit the offer via the online order form integrated into the SMP GmbH online store. After placing the selected goods and/or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to SMP GmbH by e-mail, post or telephone.
c) Before submitting a binding order via SMP GmbH's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
d) SMP GmbH accepts the customer's offer by sending the customer a written order confirmation or an order confirmation in text form (fax or email) and the purchase price is paid by the customer using the payment methods "credit card" (by debiting the credit card), "giropay", "iDEAL" and "eps" (in each case by debiting the account) if the payment method "Mollie" is selected, or if the payment method "Paypal" is selected (the payment is received by Paypal) or if the payment method "Prepayment" is selected (the payment is received on the account of SMP GmbH).
e) If a payment method offered by PayPal is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, SMP GmbH hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
f) When submitting an offer via SMP GmbH's online order form, the text of the contract shall be saved by SMP GmbH and sent to the customer in text form (link in e-mail) together with these GTC after the order has been sent. In addition, the text of the contract is archived on the SMP GmbH website and can be accessed by the customer free of charge via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the SMP GmbH online store before sending his order.
g) Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by SMP GmbH can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by SMP GmbH or by third parties commissioned by SMP GmbH to process the order can be delivered.
h) Insofar as agreements are made between the customer and SMP GmbH after the order has been placed, e.g. for the proper execution of the order, these shall only be binding in written form.
i) The contractual language is German. The English version of the GTC is merely a translation of the German version. The binding language of the agreement with the customer is therefore German. The German version of these GTC shall take precedence.
3. Prices and terms of payment
a) Unless otherwise stated in SMP GmbH's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
b) For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties) or additional shipping charges for overweight/overweight goods. Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
c) The customer has the payment options "Paypal", "credit card", "eps", "iDEAL", "giropay" or "prepayment". If prepayment has been agreed, payment is due immediately after conclusion of the contract.
d) If a payment method offered via the payment service "PayPal" is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third party payment service providers for this purpose. If SMP GmbH also offers payment methods via PayPal for which it makes advance payments to the customer (e.g. purchase on account or payment by installments), it assigns its payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting SMP GmbH's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted customer data. SMP GmbH reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, SMP GmbH shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the event of the assignment of claims.
e) If the payment method "credit card", "eps", "iDEAL", "giropay" via Mollie is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Mollie HQ, Keizersgracht 126, 1015 CW Amsterdam, The Netherlands (info@mollie.com) (hereinafter: „Mollie“). Mollie reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.
f) Payments by the customer are only deemed to have been made when they are received in the account of SMP GmbH. Fees charged by third-party banks or transfer institutions shall be borne in full by the customer. The entire invoice amount must be credited to SMP GmbH's account without third-party charges.
g) If the customer is in default of payment, the statutory default interest shall apply; in addition, SMP GmbH shall be entitled to demand compound interest. In addition, the customer shall be obliged to reimburse SMP GmbH for the reminder and collection expenses incurred by SMP GmbH, insofar as they are necessary for appropriate legal prosecution. If SMP GmbH handles the dunning process itself, the customer undertakes to pay an amount of EUR 20.00 for each reminder sent.
h) Additional costs for subsequent changes to the order shall be charged to the customer and must be agreed in writing.
i) The invoice shall be sent to the customer automatically by e-mail.
4. Shipping costs
The shipping costs for the respective items and delivery locations can be viewed at any time in the online store and also during the ordering process and are as follows.
- Austria: € 5,99,- incl. tax
- Germany: € 9,98 incl. tax
- Central Europe: € 14,98 incl. tax
- Central Europe 1: € 16,80 incl. tax
- Europe: € 19,99 incl. tax
- Postal dispatch international zone 1: € 19,95 excl. tax
- Postal dispatch international zone 2: € 24,99 excl. tax
- Postal dispatch international zone 3: € 29,99 excl. tax
- Postal dispatch international zone 4: € 39,95 excl. tax
The prices are valid up to 2 kg, for special sizes or heavier deliveries a surcharge will be charged in the amount of the additional transportation costs actually incurred.
For deliveries to non-EU countries, import duties may be charged separately by the authorities or forwarding agents. These are not included in the shipping costs and must be paid additionally by the customer to the respective customs authorities or reimbursed to .
5. Delivery and shipping conditions
a) Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address specified by the customer. The delivery address specified in SMP GmbH's order processing shall be decisive for processing the transaction.
b) If the transport company returns the shipped goods to SMP GmbH because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. If the customer effectively exercises the right of withdrawal, the return costs shall be governed by the provisions set out in SMP GmbH's withdrawal policy.
c) Self-collection is possible if this has been agreed separately.
6. Damage due to transportation
Obvious transport damage must be reported immediately to the deliverer, sufficiently documented (e.g. by photo) and reported to SMP GmbH by e-mail.
7. Delivery deadlines
SMP GmbH shall not be obliged to perform the service until the customer has fulfilled all obligations necessary for performance, in particular all technical and contractual details, preliminary work and preparatory measures. The average delivery time is 2 - 12 working days from order confirmation by SMP GmbH. SMP GmbH shall be entitled to exceed the agreed deadlines and delivery periods, whereby the customer shall only be entitled to withdraw from the contract after the expiry of 12 working days by setting a grace period of at least 14 working days (outside Europe of at least 24 days).
8. Minor changes in performance
If the transaction is not a consumer transaction, minor or other changes to the service or delivery obligation of SMP GmbH that are reasonable for the customer shall be deemed to have been approved in advance.
9. Limitations of liability and exemption form liability
a) Outside the scope of application of the Product Liability Act, our liability is limited to intent or gross negligence. Liability for slight negligence, compensation for consequential damages and financial losses, unrealized savings, loss of interest and damages from third-party claims against the customer are excluded.
b) The above limitations of liability shall not apply in the event of physical injury or damage to health attributable to us or in the event of loss of life of the customer.
c) We are only liable for our own content on our website. Insofar as we provide access to other websites via links, we are not responsible for the third-party content contained therein. We do not adopt the third-party content as our own. If we become aware of illegal content on external websites, we will immediately block access to these pages.
d) The warranty periods are shortened to 6 months for business transactions. Claims for damages must be asserted within 6 months of becoming aware of the damage and the damaging party in the case of a business transaction.
10. Duty of notify and inspect
The customer is obliged to check the order confirmation immediately upon receipt and to notify SMP GmbH of any complaints without delay. Otherwise the order shall be deemed to have been accepted and shall be delivered as ordered. Entrepreneurs must report defects immediately, otherwise the assertion of warranty claims is excluded. SMP GmbH shall be responsible for the type of warranty through rectification or replacement delivery. In the event of justified complaints about individual products of the entire order, the customer is not entitled to complain about the entire order.
11. Retention of title and its assertion
All goods shall be delivered by SMP GmbH subject to retention of title and shall remain the property of SMP GmbH until payment has been made in full. The assertion of the retention of title shall only be deemed a withdrawal from the contract if this is expressly declared. If the goods are taken back, SMP GmbH shall be entitled to charge any transportation and handling costs incurred. In the event of access by third parties to the reserved goods - in particular seizures - the customer is obliged to point out the ownership of SMP GmbH and to inform SMP GmbH immediately. If the customer is a consumer or not an entrepreneur whose ordinary course of business includes trading in the goods purchased from SMP GmbH, he may not dispose of the reserved goods until the outstanding purchase price claim has been settled in full, and in particular may not sell, pledge, give away or lend them. The customer shall bear the full risk for the goods subject to retention of title, in particular for the risk of destruction, loss or deterioration.
12. Assignment of claims
In the case of delivery subject to retention of title, the customer hereby assigns his claims against third parties, insofar as these arise through the sale or processing of the goods of SMP GmbH, until final payment of the claims on account of payment. Upon request, the customer shall name his buyers to SMP GmbH and inform them of the assignment in good time. The assignment shall be noted in the business books, in particular in the open items list, and the customer shall be made aware of it on delivery bills, invoices etc. If the customer is in arrears with his payments, the sales proceeds received by him shall be segregated and held by the customer for SMP GmbH only. Any claims against an insurer are hereby assigned to SMP GmbH within the limits of § 15 of the Austrian Insurance Contract Act. Claims against SMP GmbH may not be assigned without our express consent.
13. Retention
If the transaction is not a consumer transaction, the customer shall not be entitled to withhold the entire gross invoice amount, but only a reasonable part thereof, in the event of a justified complaint, except in cases of rescission.
14. Data protection, change of address and copyright
a) With our "Data protection information" we inform our customers about:
– the type, scope, duration and purpose of the collection, processing and use of the personal data required for the execution of orders and billing;
– their right to object to the creation and use of their anonymized user profile for the purposes of advertising, market research and the needs-based design of our offer;
– the transfer of data to companies commissioned by us and obliged to comply with statutory data protection regulations for the purpose and duration of credit checks and the dispatch of goods;
– the right to free information about your personal data stored by us;
– the right to rectification, erasure and blocking of his personal data stored by us.
b) Any collection, processing and use of personal data going beyond lit. a) requires the customer's consent. The customer has the option of giving this consent before declaring his order. The customer has the right to withdraw consent at any time with effect for the future (see "Consent under data protection law") Link.
c) Personal data will not be disclosed without the consent of the person concerned - unless there are mandatory statutory obligations to provide information to the contrary - and will only be used for internal purposes (accounting, statistics). SMP GmbH is entitled to use, store, process and collect such data for marketing purposes.
d) The customer agrees that his personal data, namely name/company, profession, date of birth, company register number, powers of representation, contact person, business address and other addresses of the customer, telephone number, fax number, e-mail address, bank details, credit card details, VAT number for the purpose of fulfilling the contract and supporting the customer as well as for his own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of referring to the existing or previous business relationship with the customer (reference). The customer agrees that electronic mail may be sent to him for advertising purposes until revoked. This consent can be revoked at any time in writing by e-mail or letter to the contact details listed at the top of the GTC.
15. Revocation instruction for consumers
a) The customer has the right to revoke his declaration of intent to conclude the contract within fourteen days from the date of conclusion of the contract without giving reasons. In this case, the customer must return the goods in their original packaging to SMP GmbH immediately, but at the latest within 14 days of submitting the declaration of withdrawal. Excluded from this are - unless otherwise agreed - the cases mentioned in the following lit. b).
b) There is no right of withdrawal for goods or services whose price depends on fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period. Likewise, there is no right of withdrawal for goods that are manufactured according to customer specifications or are clearly tailored to personal needs and for 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.
c) The customer must compensate for any reduction in value beyond the mere removal from the packaging and initial commissioning to determine usability, etc.
d) In order to exercise the right of withdrawal, the customer must inform us of his decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). The customer may use the attached model withdrawal form for this purpose, but this is not mandatory. The customer can also electronically complete and submit the model withdrawal form (LINK) or another clear declaration on the SMP GmbH website. If the customer makes use of this option, SMP GmbH shall immediately (e.g. by e-mail) send a confirmation of receipt of such a revocation. The revocation is to be sent to:
Sports Management Program GmbH, FN 212321 m
Traunkai 12
4820 Bad Ischl
Phone number: +43 (0) 664 1605177
E-Mail: office@smp-austria.com; ask@toalson.at; shop@padelbrands.at
e) Consequences of withdrawal. If the customer withdraws from this contract with legal effect, SMP GmbH must refund all payments it has received from the customer, excluding delivery costs, immediately and at the latest within fourteen days of the day on which SMP GmbH receives notification of the withdrawal from this contract. Where technically possible, SMP GmbH shall use the same means of payment for this repayment as the customer used for the original transaction, unless expressly agreed otherwise in writing with the customer; under no circumstances shall the customer be charged any fees for this repayment. If the customer has requested that the service should commence during the withdrawal period, the customer shall pay SMP GmbH a reasonable amount corresponding to the proportion of the services already provided up to the time at which the customer notifies SMP GmbH of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
16. Applicable law, place of jurisdiction and place of performance
a) The place of performance is 4820 Bad Ischl/Austria. Austrian law shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
b) The place of jurisdiction for all disputes arising directly or indirectly from the contract shall be the Austrian court with local and subject-matter jurisdiction for our registered office. If the customer is a consumer, this place of jurisdiction shall only be deemed agreed if the customer has his domicile, habitual residence or place of employment in this jurisdiction or if the customer lives abroad.
17. Severability clause
Should individual provisions of the contract with the customer, including these GTC, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In the case of contracts with entrepreneurs, the wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.