1. Contact details and scope of application of these T&C

Ski-Club Arlberg GmbH
Dorfstraße 46
6580 St. Anton am Arlberg
info@sca-shop.at
+43 5446 2796

These General Terms and Conditions “T&C” shall apply to any and all business relations (in particular conclusions of contract) between the “Users” and Ski-Club Arlberg GmbH which result from using the web shop (www.sca-shop.at). The T&C shall be applicable in the respective version valid at the moment the order is placed. Third-party general terms and conditions are not accepted.

2. Users

The goods and services of Ski-Club Arlberg GmbH are intended exclusively for club members of Ski-Club Arlberg, Central Club Register (ZVR) 858 773 372 (in the following referred to as “Users”), who are of full age and who are fully competent to enter into legal transactions. No goods are sold and no services are provided to persons who are not members of Ski-Club Arlberg. For ordering goods from the Ski-Club Arlberg GmbH web shop, it is necessary to set up a user account stating the membership number.

Should a person who is not a member of Ski Club Arlberg GmbH place orders via the web shop by overcoming the technical obstacles, Ski-Club Arlberg GmbH will not enter into a contractual relationship with this person. The respective person will then receive an automatic order confirmation, however, Ski-Club Arlberg GmbH will not accept the contract. On the website it is noticeably pointed out several times that only club members of Ski-Club Arlberg may place orders for goods. Insofar as the respective person has already made a payment, Ski-Club Arlberg GmbH will reverse the amount paid to the account indicated, retaining, however, any fees and manipulation charges.

3. Contract Conclusion

In the web shop, the essential characteristics of the goods and services offered, their availability and the delivery times are described on a daily basis. This presentation of goods, however, is no offer of Ski-Club Arlberg GmbH to conclude a purchase agreement, but it is an invitation to the Users to submit a respective purchase offer.

The User can select the goods offered in the web shop by clicking on the button “add to shopping cart”. The shopping cart can then be continuously checked and edited (booking step “shopping cart” or, respectively, “cart”, button “edit shopping cart”).

After clicking on the button “checkout”, the User can enter his/her details (booking step “Your address”). In order to proceed with the order process, the User is obligated to complete any and all mandatory fields completely truthfully. Any input errors made by the User shall be borne by the User. Ski-Club Arlberg GmbH only checks whether all mandatory fields have been completed, the contents are not checked with regard to input errors. In the course of the order process, the User also has to confirm that it is a club member of Ski-Club Arlberg GmbH.

After clicking on the button “continue”, the preferred method of payment and delivery can be selected (booking step “method of payment & delivery”).

After again clicking on the button “continue”, the User has the possibility to take another look at the order, to make changes to the order, method of payment, method of delivery or data, to rectify input errors, to read the T&C, to read the withdrawal policy and to complete the order (booking step “check and place order”). The order is completed with clicking on the button “order against payment”. 

By sending the order in the web shop, the User accepts the exclusive applicability of these T&C and submits a binding purchase offer with regard to the goods contained in the shopping cart. The User is bound to this binding purchase offer for 3 business days.

Ski-Club Arlberg GmbH confirms the receipt of the order by sending a confirmation e-mail to the e-mail address indicated. This order confirmation serves only to inform the User that the order was received by Ski-Club Arlberg GmbH. It does not represent a declaration of acceptance of the contractual offer by Ski-Club Arlberg GmbH.

As a rule, Ski-Club Arlberg GmbH accepts the contractual offer by making an explicit declaration of acceptance or by delivering the goods which the customer is also informed about.

The text of the contract will not be stored by Ski-Club Arlberg GmbH. Together with the declaration of acceptance, you will again receive the T&C that are respectively valid, thus providing the Users with the essential elements of contract. Ski-Club Arlberg GmbH recommends to save and print the completed order as well as the applicable contractual terms in this way.
 

4. Right of withdrawal (withdrawal policy, conditions of withdrawal, consequences of withdrawal, model withdrawal policy)

     4.1 Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reasons.

The withdrawal period shall be fourteen days from the day on which you or a third party designated by you other than the carrier have or, respectively, has taken possession of the goods. In the case of a contract concluded for several goods that you have ordered in the course of a single order and that are delivered separately, the withdrawal period shall be fourteen days from the day on which you or a third party designated by you other than the carrier have or, respectively, has taken possession of the last of the goods.

In order to exercise your right of withdrawal, you have to inform us (Ski-Club Arlberg GmbH, Dorfstraße 46, 6580 St. Anton am Arlberg, info@sca-shop.at, +43 5446 2796) by means of an explicit declaration (e.g. a letter mailed, a telefax or e-mail) about your decision to withdraw from this contract. For doing so, you can use the model withdrawal form which, however, is not obligatory.

To comply with the withdrawal period it suffices that you send the notification on the exercise of the right of withdrawal before the withdrawal period expires.

     4.2 Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you all payments that we have received from you, including the delivery fees (except for the additional costs that result from you having selected any method of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we have received the notification on your withdrawal from this contract. For this reimbursement we will use the same method of payment used by your during the initial transaction, unless otherwise agreed; in no case will you be invoiced any fees for this reimbursement.

We may refuse the reimbursement until we have got the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You shall return or surrender the goods to us immediately and, in any case, within fourteen days at the latest from the day on which you inform us on the withdrawal from this contract. The period shall be deemed as complied with if you dispatch the goods prior to the expiry of the period of fourteen days.

You shall bear the direct costs for returning the goods.

You have the right to examine the goods ordered as regards their condition, quality or functioning to the extent that is usual when making a purchase in a retail shop. However, this right to examine shall not include the use of the goods. You have to compensate for any loss in value of the goods only if this loss in value can be attributed to any handling of the goods that is not necessary for examining their condition, quality and functioning.

     4.3 Model withdrawal form

If you want to withdraw from this contract, please complete this form and send it back to:

To
Ski-Club Arlberg GmbH
Dorfstraße 46
6580 St. Anton am Arlberg
info@sca-shop.at


Here with I/we withdraw from the contract on the purchase of the following goods concluded by me/us:

Name of consumer(s):

Address of consumer(s):

Date:

Signature of consumer(s):
(only for notification on paper)

5. Delivery
 

Unless otherwise indicated/agreed with regard to the goods ordered, the goods are delivered without unnecessary delay, however, no later than 30 days after the conclusion of contract. Any and all goods are only dispatched after the full amount invoiced has been received.

6. Prices, payment, reservation of title

All of the prices indicated on the product pages are in euro; they include the statutory Austrian value-added tax (VAT), however, they exclude delivery costs as well as other taxes and fees. Before completing the order, the User is given an overview of the total price including all ancillary services. The delivery costs, any bank fees as well as customs duties shall be borne by the User.

The delivery costs respectively to be paid by the User result from the delivery costs list that is accessible online, and are displayed before completion of the order process. From a minimum order value of € 100.00 (incl. VAT), no delivery costs will be charged. Should the total price to be paid by the User be below this threshold due to a withdrawal (see point 4), the regular delivery costs will be charged and they can be retained (offset) or subsequently claimed by Ski-Club Arlberg GmbH in the course of the reimbursement of the respective remuneration component.

The User has the possibility to pay via payment in advance or via PayPal. The payment of the purchase price, the delivery costs as well as other ancillary costs set out in the order process shall be payable upon conclusion of contract (receipt of the confirmation letter of Ski-Club Arlberg GmbH). In case of a payment by credit card (via PayPal), the payment by the User can be reversed in case of misuse.

Ski-Club Arlberg GmbH reserves the right of title to the goods until the total price has been fully paid. In case of default in payment (also only partially), Ski-Club Arlberg GmbH has the right to collect the goods.

7. Warranty, guarantee, possibility to file a complaint

The statutory warranty regulations (in particular of the Austrian Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB)) shall apply with regard to the goods purchased in the web shop. The warranty period for movable property is 2 years from the day of delivery.

Ski-Club Arlberg GmbH does not give any contractual guarantee promise beyond the statutory warranty.

Complaints based on statutory claims for warranty or other complaints can be asserted at the address mentioned above.

8. Exclusion of liability

Ski-Club Arlberg GmbH shall not assume any liability for damages or consequential damages (including loss of profits) caused by Ski-Club Arlberg GmbH or assistants that can be attributed to Ski-Club Arlberg GmbH due to slight negligence. This exclusion of liability shall not apply to personal damages, damages to items provided for processing or to claims for compensation pursuant to the Austrian Product Liability Act (Produkthaftungsgesetz). 
 

9. Data protection

Different data processing processes are carried out with regard to your personal data in connection with your visit to the web shop, with any correspondence as well as with orders placed via the web shop. For more information, please refer to the data protection declaration of Ski-Club Arlberg GmbH.
 

10. Miscellaneous

Communication and the conclusion of contract (contract language) shall be in German or English, depending on the customer’s choice prior to sending the order.

This contractual relationship and any and all disputes resulting thereof shall be subject to Austrian substantive law with the exception of the UN Sales Law. This choice of law shall not affect the protection afforded by the mandatory rules of the state in which the User has his habitual residence.

If no agreement can be reached with a consumer (User) in the case of a dispute, we will announce the settlement for consumer transactions (http://verbraucherschlichtung.or.at/) as the competent state-approved settlement body within the meaning of the Austrian Alternative Dispute Settlement Act (Alternative-Streitbeilegung-Gesetz, AStG). Furthermore, the European Commission provides a platform for online dispute resolution (ODR) that can be found under http://ec.europa.eu/consumers/odr. In principle, Ski-Club Arlberg GmbH does not participate in out-of-court procedures for dispute resolution.

Should single provisions of the contract concluded (including these T&C) be or become invalid in whole or in part, the validity of the remaining provisions or parts of such provisions shall not be affected thereof.

St. Anton am Arlberg, on 18-04-2019