Allgemeine Geschäftsbedingungen
1. General
The general terms and conditions (GTC) apply to all contracts, deliveries and other services of Mika Sport, Dr. Alfred Mika and Elisabeth Mika Ges.b.R. (Sunvolley) (hereinafter referred to as "the seller") to the customer (hereinafter referred to as "the buyer").
The sale (order) between the seller
Mika Sport
Dr. Alfred Mika and Elisabeth Mika Ges.b.R. (Sunvolley)
A-4676 Aistersheim 80, Austria
Email: info@sunvolley.com
and the buyer, is governed with regard to the goods manufactured or put into production by the seller or purchased from third parties (hereinafter the “Goods”) by these General Terms and Conditions (“GTC”) to the exclusion of all previous oral or written agreements.
Austrian substantive law applies to the order to the exclusion of the UN Sales Convention. Place of performance is Aistersheim.
2. Order - Conclusion of the contract
The order and contract between the seller and the customer for the purchase of goods is concluded through the execution and completion of the ordering process by the buyer (= binding offer) and through confirmation and acceptance of the offer by the seller through Mika Sport.
Confirmation is made by e-mail to the buyer. The buyer usually receives confirmation of the order with all order data by e-mail within one working day. An order can only be concluded with customers of legal age.
3. Right of return and cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of cancellation, you must inform us (Dr. Alfred Mika and Elisabeth Mika Ges.b.R. (Sunvolley), Aistersheim 80, 4676 Aistersheim, Austria, info@sunvolley.com) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use the attached sample cancellation form for this purpose, but it is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, 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 any fees for this refund. We may refuse to refund 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 cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. 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 nature, properties and functionality of the goods.
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Sample Withdrawal Form I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following |
In all cases, please contact us.
4. Prices and Shipping
All sales prices include Austrian statutory sales tax (20% of the net price).
All goods ordered and located in the seller's warehouse will be shipped immediately after receipt of payment to the specified account when paying with PayPal or direct transfer. For goods that are not in the warehouse, they will be sent to the buyer immediately after receipt of the goods. Delivery times are not binding.
Shipping within Austria is done with GLS. The costs for this are 8 euros per shipment.
Please request shipping costs for other countries by email.
Shipping takes place on Tuesday of the following week after payment is received.
5. Payment and Retention of Title
The goods are paid for:
- through the PayPal payment system or
- by advance payment
- Credit card (Stripe)
- Instant bank transfer (Klarna)
In the event of late payment, compensation for reminder fees in the amount of EUR 15 and the necessary collection fees according to the statutory provisions, but at least EUR 100.00, shall be deemed agreed. Statutory default interest remains unaffected.
The goods remain the property of the seller until full payment has been received from the buyer.
6. Warranty
In the event of a defective delivery, the seller will bear the shipping costs for uninsured shipping. In the case of defective goods, the buyer is entitled to new goods to the value of the purchase price. Cash compensation will only be provided outside the withdrawal period if the seller has made a wrong delivery and the goods cannot be exchanged for equivalent goods.
7. Liability
The seller is only liable to entrepreneurs for intent and gross negligence, but not for slight negligence. Liability for slight negligence is also excluded for consumers, unless it concerns personal injury. Any liability, with the exception of liability for intent, is limited to the amount of the purchase price of the goods. The seller guarantees that the goods match the descriptions contained in the order. However, there may be certain deviations in style, color, size or finish or irregularities in the packaging. No guarantee/liability can be assumed for this. Otherwise, the statutory provisions apply. However, the seller is not liable for damage that did not occur to the goods themselves; in particular, the seller is not liable for lost profits or for other financial losses of the buyer.
8. Data Protection
The buyer guarantees that the information and data provided by him are true and complete. The seller processes personal data of the customer for specific purposes and in accordance with the statutory provisions. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment details) are used by the seller to fulfill and process the contract. This data will be treated confidentially by the seller and will not be passed on to third parties who are not involved in the ordering, delivery and payment process. The customer has the right to receive information free of charge upon request about the personal data stored about him by Mika Sport. In addition, he has the right to correct incorrect data, block and delete his personal data, provided that there is no legal obligation to retain it. If you have any questions about data protection, please contact info@sunvolley.com by email.
9. Cookies
We use cookies to improve our website. If you continue to use our website, you consent to the use of cookies and the use of your personal data collected with the help of cookies.
10. Severability Clause
Should individual provisions of this contract (General Terms and Conditions) be or become invalid, the validity of the remaining contract shall remain valid and unaffected. The invalid provision shall be interpreted, supplemented or replaced in such a way that the intended economic purpose is achieved as far as possible.
The buyer hereby acknowledges and approves the General Terms and Conditions.
11. Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.