Terms of service
1. Scope
These General Terms and Conditions ("Terms") apply to all business relationships and purchases made through our online shop at www.sailgreen.at between SailGREEN Sandra Kurzweil, Waldmüllerstraße 3, 2542 Kottingbrunn, Austria ("SailGREEN", "we", "us", or "our") and our customers.
Our online shop is intended for customers in Austria, Germany, and all Member States of the European Union. The version of these Terms valid at the time the contract is concluded shall apply.
Further legal information and company details can be found in our Legal Notice.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
A business customer (entrepreneur) is any natural or legal person, or partnership with legal capacity, acting in the exercise of their commercial or independent professional activity when concluding the contract.
Additional Provisions for Business Customers
Before concluding a contract, we may require proof of business status, for example by requesting a valid VAT Identification Number (VAT ID). The customer is responsible for providing complete and accurate information.
These Terms apply exclusively. Any conflicting, deviating, or supplementary terms and conditions of the customer shall only become part of the contract if we have expressly agreed to their validity in writing. This requirement applies even if the customer refers to their own terms and conditions during the ordering process and we do not expressly object.
2. Conclusion of Contract
During the ordering process, customers may first place the desired products in the shopping cart. Quantities may be changed and selected items may be edited at any time before completing the order.
Customers are then asked to enter their personal details and select a shipping method and payment method. Before submitting the order, an overview page allows all information to be reviewed, corrected, or amended. The ordering process may be cancelled at any time by closing the browser window.
The presentation of products in our online shop does not constitute a legally binding offer but rather an invitation to place an order.
By clicking the "Place Order with Obligation to Pay" button during the final step of the checkout process, the customer submits a binding offer to purchase the goods displayed in the order summary.
Immediately after the order has been submitted, the customer will receive an order confirmation by email summarizing the order. This confirmation merely acknowledges receipt of the order and does not constitute acceptance of the customer's offer.
The purchase contract is concluded only when we expressly accept the order by sending a separate shipping confirmation email or when the ordered goods are dispatched.
The contract documents (including the order, these Terms, the withdrawal information, and the order confirmation) will be provided to the customer on a durable medium (e.g. by email) no later than upon delivery of the goods or before the performance of any services begins. We do not store the complete contract text beyond this.
If a product ordered by the customer is unavailable at the time of the order, we will inform the customer without undue delay. If the product is permanently unavailable, we will not accept the customer's offer and no contract will be concluded.
If the product is only temporarily unavailable, we will likewise inform the customer without undue delay.
The language available for concluding the contract is exclusively German.
Customers may also create a customer account. The account allows customers to log in and access information relating to previous orders.
3. Prices and Shipping Costs
All prices displayed in the online shop are exempt from Austrian VAT in accordance with the Austrian Small Business Regulation pursuant to Section 6 (1) No. 27 of the Austrian Value Added Tax Act (UStG).
Applicable shipping costs are displayed during the checkout process and must be borne by the customer unless the customer exercises their statutory right of withdrawal.
In the event of withdrawal from the contract, the customer shall bear the direct costs of returning the goods.
4. Payment Terms
The payment methods available are displayed in the footer of the SailGREEN online shop (sailgreen.at) and during the checkout process.
Information regarding shipping (shipping costs and delivery destinations) can be found in our Shipping Policy.
The purchase price becomes due immediately upon conclusion of the contract.
Payment for the goods shall be made using one of the payment methods offered during the checkout process.
5. Retention of Title
The goods shall remain the property of SailGREEN Sandra Kurzweil until payment has been made in full.
6. Delivery
Delivery times are calculated from the date of the order confirmation, provided that payment of the purchase price has been received in advance (except where payment by invoice is available).
Unless otherwise stated for a specific product, the standard delivery period is 14 days.
SailGREEN Sandra Kurzweil delivers only to customers who provide a delivery address in Austria, Germany, or another Member State of the European Union.
7. Gift Cards
Customers may purchase gift cards through our online shop.
Gift cards are provided either by email or delivered to the shipping address specified during the ordering process.
Gift cards may be redeemed exclusively in our online shop.
Gift cards are transferable and may therefore be given as a gift.
A gift card code must be entered before completing the checkout process. The value of the gift card will then be deducted from the order total. Retroactive application to completed orders is not possible.
Only one gift card may be redeemed per order.
If the purchase price exceeds the value of the gift card, the remaining balance may be paid using one of the payment methods offered by us.
Gift cards cannot be redeemed for cash.
No interest shall accrue on any remaining gift card balance.
Purchased gift cards are valid for 30 years from the date of purchase.
8. Promotional Vouchers
Promotional vouchers issued free of charge as part of marketing campaigns (e.g. voucher codes) may only be redeemed in our online shop during the promotional period specified for the respective campaign.
Certain products may be excluded from promotional offers. Any such exclusions will be stated in the terms of the respective promotion.
Promotional voucher codes must be entered before completing the checkout process. The voucher value will then be deducted from the order total. Retroactive application is not possible.
Only one promotional voucher may be redeemed per order.
The value of the goods purchased must be at least equal to the value of the promotional voucher.
9. Right of Withdrawal
Consumers have a statutory right of withdrawal for distance selling contracts. Details are provided below in accordance with the applicable legal requirements.
Withdrawal Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, took possession of the last item of the goods.
To exercise your right of withdrawal, you must inform us:
SailGREEN Sandra Kurzweil
Waldmüllerstraße 3
2542 Kottingbrunn
Austria
Phone: +43 650 5678128
Email: info@sailgreen.at
by means of a clear statement (e.g. a letter sent by post or an email) informing us of your decision to withdraw from this contract. You may use the model withdrawal form below, although this is not mandatory.
You may also complete and submit the model withdrawal form or any other clear declaration electronically on our website at www.sailgreen.at. If you make use of this option, we will promptly acknowledge receipt of your withdrawal on a durable medium (e.g. by email).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including the costs of delivery (except for any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notice of your withdrawal from this contract.
We will make the reimbursement using the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of this reimbursement.
We may withhold reimbursement until we have received the goods back, or until you have provided proof that you have returned the goods, whichever occurs first.
You must send back or hand over the goods to us without undue delay and, in any event, no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the fourteen-day period has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods if this loss in value results from handling the goods in a way that is not necessary to establish their nature, characteristics, and functioning.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
To:
SailGREEN Sandra Kurzweil
Waldmüllerstraße 3
2542 Kottingbrunn
Austria
Email: info@sailgreen.at
I/We () hereby give notice that I/we () withdraw from my/our () contract for the sale of the following goods () / for the supply of the following service (*):
Ordered on (): _____________________ / Received on (): _____________________
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is submitted on paper):
Date:
(*) Delete as appropriate.
Exceptions to the Right of Withdrawal
The right of withdrawal does not apply, or expires prematurely, in the case of contracts for:
-
goods that are not prefabricated and for whose manufacture an individual choice or decision by the consumer is essential, or which are clearly tailored to the consumer's personal needs;
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goods made to the customer's specifications or clearly personalized.
10. Liability
Additional Provisions for Business Customers
Unless otherwise provided in these Terms, the parties shall be liable for damages caused by culpable conduct. Neither party shall be liable for slight negligence. This limitation of liability does not apply to claims for personal injury. Claims for damages shall be limited to compensation for the direct damage incurred. Liability for consequential damages, loss of profit, or claims by third parties is excluded.
Claims for damages must be asserted before a court within six months after the injured party becomes aware of both the damage and the person responsible, otherwise such claims shall lapse.
The injured party shall bear the burden of proving that the damage suffered was caused by the fault of the other party. The injured party shall also bear the burden of proving that no fault on their own part contributed to the damage. This applies to all forms of fault, including slight negligence, gross negligence, and intentional misconduct.
The above limitations of liability also apply in favour of our legal representatives, employees, and other agents where claims are asserted directly against them.
Nothing in these Terms shall affect liability under the Austrian Product Liability Act (Produkthaftungsgesetz).
11. Warranty
The statutory warranty rights for defective goods shall apply.
Additional Provisions for Business Customers
Warranty claims by business customers require compliance with the statutory obligations to inspect the goods and notify us of any defects. If the customer fails to properly inspect the goods or notify us of defects without undue delay, our liability for defects that were not reported, were reported late, or were reported improperly shall be excluded in accordance with the applicable legal provisions.
Unless claims for damages are involved, the limitation period for warranty claims relating to delivered goods is twenty-four (24) months from the date the goods are received.
12. Data Protection
SailGREEN Sandra Kurzweil complies with all applicable data protection laws, including the Austrian Data Protection Act (DSG) and the General Data Protection Regulation (GDPR).
Detailed information regarding the processing of personal data can be found during the registration process and in our Privacy Policy.
13. Governing Law and Jurisdiction
These Terms and all contracts concluded through our online shop shall be governed by the substantive laws of Austria, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Where the customer is a consumer, this choice of law shall not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence, as provided for in Article 6(2) of the Rome I Regulation.
Additional Provisions for Business Customers
If the customer is a business, a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with this contract shall be the competent court at our registered place of business in Austria (District of Baden).
14. Alternative Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
15. Final Provisions
Should any provision of these Terms be or become wholly or partly invalid, unlawful, or unenforceable, this shall not affect the validity and enforceability of the remaining provisions.