Terms and Conditions with customer informationTable of Contents
4th Prices and terms of payment
5th Delivery and shipping conditions
6th Retention of title
7th Liability for defects (warranty)
8th. Redemption of action vouchers
9th Redemption of gift vouchers
10th Applicable law
11th Code of Conduct
12th Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Lorin Natmessnig, acting under "RideSide.at" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods by a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the seller regarding the goods presented by the seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise stipulated otherwise.
1.3 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may submit the offer by phone, e-mail or post to the seller.
2.3 The seller can accept the offer of the customer within five days,
• by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
• by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
• by asking the customer to pay after submitting his order.
If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When placing an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). In addition, the text of the contract is archived on the seller's website and can be called up by the customer via his password-protected customer account with the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.5 Before placing the order on the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers are in principle entitled to a right of withdrawal.
3.2 Further information on the right of revocation results from the revocation instruction of the seller.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (eg transfer fees, exchange rate charges) or import duties or taxes (eg customs duties). Such costs may be incurred in relation to the transfer of funds even 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.
4.3 The payment option (s) will be communicated to the customer in the online shop of the seller.
4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If payment is made by means of a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Service, available at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions of payments without a PayPal account , available at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full.
4.6 If the payment method "SOFORT Überweisung" is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount via SOFORT Überweisung, the customer must have a PIN / TAN online banking account activated for participation in SOFORT Überweisung, have to legitimize himself during the payment process and confirm the payment order to IMMEDIATELY. The payment transaction will be carried out immediately after IMMEDIATELY and the customer's bank account will be charged. Further information on the method of payment SOFORT Überweisung can be found on the internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-berberweisung/.
4.7 If you select the payment method Invoice Purchase, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method Invoice Purchase only up to a certain order volume and to reject this method of payment if the specified order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop on a corresponding payment restriction.
4.8 Payment by invoice and financing
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the purchase of an invoice and installment purchase as a payment option. Please note that purchase on account installment purchase are only available to consumers and that payment must be made to Klarna.
When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. You will find the complete terms and conditions for the purchase of invoices for deliveries to Germany here and the complete terms and conditions for the purchase of invoices for deliveries to Austria can be found here. The online shop charges a fee of [x] Euro per order when purchasing a bill with Klarna.
4.10 installment purchase
With the Klarna financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (minimum € 6.95) or under conditions otherwise specified in the cash register. For more information on installment purchase, including terms and conditions and the European standard consumer credit information, click here. Installment purchase is only offered for Germany.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
5.2 If the transport company sends the goods back to the seller, because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer exercises his right of withdrawal effectively, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless the seller to him the performance had announced a reasonable time in advance.
5.3 In the case of self-pickup, the seller first informs the customer by e-mail that the goods ordered by him are ready for collection. Upon receipt of this e-mail, the customer may pick up the goods after consultation with the seller at the seller's domicile. In this case, no shipping costs will be charged.
5.4 Vouchers will be given to the customer as follows:
- by email
6) Retention of title
If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
7.2 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Redemption of action vouchers
8.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter "action vouchers"), can only be redeemed in the seller's online shop and only during the specified period.
8.2 Action vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.
8.4 Action vouchers can only be redeemed before the order process has been completed. A subsequent settlement is not possible.
8.5 Only one action coupon can be redeemed per order.
8.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
8.7 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
8.8 The balance of an action voucher is neither paid in cash nor interest.
8.9 The action coupon will not be refunded if the customer returns all or part of the goods paid for with the action coupon as part of its statutory right of withdrawal.
8.10 The action voucher is transferable. The seller can make a liberating effect to the respective owner, who redeems the action voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.
9) Redemption of gift vouchers
9.1 Vouchers that can be purchased via the online shop of the seller (hereinafter "gift vouchers"), can only be redeemed in the online shop of the seller, unless the voucher says otherwise.
9.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer until the expiry date.
9.3 Gift Certificates can only be redeemed before completing the order process. A subsequent settlement is not possible.
9.4 Only one gift certificate can be redeemed per order.
9.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of additional Gift Certificates.
9.6 If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
9.7 The credit of a Gift Certificate will not be paid in cash or interest.
9.8 The Gift Certificate is transferable. The seller can make a liberating effect to the respective owner, who redeems the gift certificate in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to operate or the lack of representation of the respective owner.
10) Applicable law
All legal relationships of the parties shall be governed by the law of the Republic of Austria, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
11) Code of Conduct
• The seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Commerce", which can be viewed on the Internet at http://www.fairness-im-handel.de/teilnahmebedingungen/.
• The seller has submitted to the Trusted Shops quality criteria, which are available on the Internet at http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html.
12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.