OUR GUIDELINES AT SOCCERLOOP
General terms and conditions (GJ sole proprietorship)
1. SCOPE OF THESE TERMS
a) The scope of these general terms and conditions ("GTC") includes all offers, legal transactions and other services of any kind from GJ sole proprietorship (Soccerloop.at), in particular the purchase of goods. The services are carried out exclusively on the basis of the terms and conditions. This does not apply unless something else has been expressly agreed in writing.
b) These general terms and conditions also apply as a framework agreement for all other legal transactions (e.g. additional orders) with the customer.
2. DEFINITIONS OF TERMS
The following definitions apply to the present general terms and conditions and the other contractual bases, unless the meaning and purpose of the regulation clearly result in a different concept:
a) “Customer” is any contractual and / or negotiating partner of GJ sole proprietorship, in particular every buyer (or customer) of a product. Regardless of whether a contract has already been concluded or not.
b) "Service" is any (tangible and / or intangible) product, every (tangible and / or intangible) delivery and / or every (tangible and / or intangible) other service of GJ INDIVIDUAL ENTERPRISES, no matter what kind.
c) “Goods” are any product (thing) that is offered or sold by GJ INDIVIDUAL.
d) "Order" is the customer's binding application for the provision of a service by GJ INDIVIDUAL COMPANIES, in particular the application for the delivery of goods.
e) "Order" ("contract") is the legal transaction between GJ INDIVIDUAL ENTERPRISE and the customer.
3. ORDER, DELIVERY / PERFORMANCE
a) Purchase contracts come into effect immediately upon receipt of payment by GJ INDIVIDUAL ENTERPRISES.
b) Subject to reasonable technical and design deviations from information in brochures, catalogs and written documents as well as model, construction and material changes in the course of technical progress and further development, without rights or claims of any kind and / or or the extent to which GJ INDIVIDUALS can be derived.
c) Separate specifications or requirements of the customer on the subject of the contract or on the services to be provided by GJ EINZELUNTERNEHMEN or other additional services and deliveries by GJ EINZELUNTERNEHMEN require the express written confirmation by GJ EINZELUNTERNEHMEN. Subsequent requests for changes - without the customer's legal claim - can only be made in exceptional cases and against a corresponding reimbursement of costs.
4. RESERVATION OF OWNERSHIP
a) The goods remain the sole property of GJ EINZELUNTERNEHMEN (reserved goods) until the fulfillment of all GJ EINZELUNTERNEHMEN against the customer from the respective purchase claims, in particular until the fulfillment of all payments (including interest and incidental costs), even if some Parts are already paid.
b) The customer may not dispose of the goods subject to retention of title until settlement of the claim by GJ EINZELUNTERNEHMEN and bears the full risk for the goods entrusted to him, in particular for the risk of destruction, loss or deterioration.
c) For the duration of the retention of title, the customer must treat the delivered goods with care and care.
d) If the reserved goods are processed by the customer into a new movable item, this is done for GJ INDIVIDUAL ENTERPRISES, without this being obliged. The new thing becomes the property of GJ INDIVIDUAL. If the goods subject to retention of title are combined, processed or mixed with goods that do not belong to GJ INDIVIDUAL, GJ INDIVIDUAL acquires co-ownership in proportion to the invoice value of the goods subject to retention of title to the other goods.
e) In the event of attachment by third parties or other access by third parties to the goods subject to retention of title, the customer must point out the property of GJ EINZELUNTERNEHMEN and the customer must immediately notify GJ EINZELUNTERNEHMEN.
f) If the customer behaves contrary to the contract, in particular in the event of delayed payment, GJ EINZELUNTERTERNEHMEN is entitled to take back the goods subject to retention of title or, at its option, to assign the buyer's surrender claims against third parties.
g) If the customer contravenes the agreements on the retention of title, the customer is obliged to pay a contractual penalty amounting to twice the net value of the goods subject to retention of title without taking into account any damage that has actually occurred (in particular the costs of the execution in the execution proceedings). If the customer does not meet his obligations or stops making payments, the entire remaining debt is due immediately. In this case, GJ EINZELUNTERNEHMEN is entitled to demand the surrender of the goods without any right of retention. After the goods have been taken back, GJ EINZELUNTERNEHMEN has the discretion either to sell the object of purchase and to credit the customer with the proceeds, minus 20% resale expenses, to his or her existing obligations, or to take back the goods at the invoice price less any impairments and to take them back to the customer for the time of his Possession of an appropriate usage fee for the goods delivered.
5. WARRANTY, DAMAGES, PROHIBITION OF ASSIGNMENT
a) In the absence of other regulations in these terms and conditions and / or in the contract, the statutory provisions apply.
b) GJ EINZELUNTERNEHMEN does not guarantee normal wear and tear of the goods as well as defects caused by improper handling.
c) The improvement or replacement to be undertaken within the framework of the warranty will - unless otherwise agreed - be carried out within a period of four weeks.
d) In the case of subsequent deliveries, GJ INDIVIDUAL does not guarantee the exact correspondence with the first delivery.
e) GJ EINZELUNTERNEHMEN is only liable for damage caused to the customer in the course of the business transaction if it is the result of intent or gross negligence or in the case of intent and gross negligence on the part of vicarious agents working for GJ EINZELUNTERNEHMEN, with the exception of personal injury, for which GJ EINZELUNTERNEHMEN is already liable for slight negligence. The provisions of the Product Liability Law remain unaffected.
f) The assignment of warranty and damage claims or the like is not permitted.
g) If GJ INDIVIDUAL companies have expressly promised guarantees, these shall only apply if the goods are used properly, in particular if they are used properly and properly cared for. Wear and tear of any kind are not covered by the guarantee promise, nor are any damages caused by the customer or third parties. For guarantees promised by manufacturers, only their guarantee conditions apply.
h) Instructions given in brochures, instructions for use or other product or goods information, as well as care and usage instructions, in order to avoid any damage, must be strictly followed by the customer. We expressly warn of any application that goes beyond the defined areas of application.
6. CHOICE OF LAW, JURISDICTION
a) For all disputes arising from or in connection with these terms and conditions and / or the contract, Austrian substantive law applies, with the exception of the conflict of laws rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods. This also applies to questions about the creation or the interpretation of the terms and conditions and the contract. This choice of law applies only to the extent that the buyer is not deprived of the protection granted by mandatory provisions of his home country. Home state is the state in which the buyer has his habitual residence.
b) For customers with a domicile outside the Republic of Austria, the place of jurisdiction for all legal disputes arising from the present contractual relationship or in connection with this is exclusively the court responsible for 2201 Gerasdorf / Austria.
7. OTHER, SEVERABILITY CLAUSE
a) The headings of the provisions contained in these conditions of sale are only for clarity and may not be used to interpret them.
b) The ineffectiveness of individual provisions of these terms and conditions does not affect the effectiveness of the remaining provisions of these terms and conditions. The contractual partners are obliged to agree on a new provision that comes as close as possible to the purpose of the ineffective provision.