General Terms and Conditions (GTC)<\/span><\/span><\/div>\n
Please read the Bubble Allstars User Instructions & Warnings for correct and safe handling.<\/span><\/span><\/div>\n
Scope of Application<\/span><\/span><\/div>\n
The following General Terms and Conditions apply to all orders placed by a customer via the webshop, email, or telephone with Allstars Int. GesbR, a commercial company (hereinafter referred to as the “Seller”).<\/span> \nSports equipment and accessories are sold. The Seller reserves the right to withdraw from the contract in the event of typographical, printing, or calculation errors on the website.<\/span> \nThe contractual language is German.<\/span><\/span><\/div>\n
Conclusion of Contract<\/span><\/span><\/div>\n
It is noted that an order constitutes an offer from the customer, whereas the advertising of goods on our website or via email does not yet constitute a binding offer.<\/span> \nAcceptance of the contract occurs through an explicit declaration of acceptance or by shipping the goods, in each case within a reasonable period not exceeding seven days. During this period, the customer is bound by their offer. If no acceptance occurs, it is assumed that the Seller rejects the offer.<\/span> \nIf we are unable to fulfill a customer\u2019s offer, we will endeavor to inform the customer as soon as possible. This may occur, in particular, if ordered goods become unavailable in the meantime or cannot be delivered for other reasons.<\/span> \nOffers sent by the Seller to the Buyer are non-binding and in no way oblige the Seller, unless the content of the offer explicitly and unequivocally states otherwise.<\/span> \nOffers from the Seller are valid with a binding period of three working days from the date of the offer (inclusive).<\/span> \nAll rights and ownership of all data, information, and items provided to the Buyer as part of the offer remain with the Seller. The Buyer is not permitted to use any part of this data or items in any way other than that allowed under the offer or agreement.<\/span> \nAll sizes, weights, colors, technical details, texts, and photos referenced by the Seller in an offer, agreement, website, or similar information are purely descriptive. The Buyer cannot derive any rights from these. Deliveries or services deviating from this data are permissible and do not imply that the Seller fails to meet its obligations under the agreement, provided the deviations are reasonable in nature and scope and do not fundamentally alter the Seller\u2019s core obligations under the agreement. The Buyer has no right to compensation claims or additional services based on deviations from this data.<\/span><\/span><\/div>\n
Storage of Contract<\/span><\/span><\/div>\n
The contract is stored electronically by the Seller. At the latest, upon delivery of the ordered goods, the customer receives a contract confirmation on a durable medium (email or paper).<\/span><\/span><\/div>\n
Contractual Agreements and Formation<\/span><\/span><\/div>\n
Agreements between the parties are only formed once the Buyer has accepted or otherwise confirmed a written offer or bid from the Seller.<\/span> \nNotwithstanding Section 4.1 of these GTC, an agreement may also be formed if the Seller unequivocally learns from the Buyer that the Buyer accepts the Seller\u2019s offer or bid.<\/span> \nThe content of the agreement is determined solely by the terms under which the agreement is concluded and explicitly agreed in writing or via email, including these General Terms and Conditions.<\/span> \nAdditions, corrections, obligations, requests, or other conditions that the Buyer considers part of the agreement are not included unless explicitly stated in the agreement\u2019s content as per Section 4.3 of these GTC.<\/span> \nThe customer may not derive any rights regarding the execution of the agreement from statements by the Seller\u2019s employees or third parties unless those employees are legally authorized to act on behalf of the Seller.<\/span> \nThe Seller reserves the right to have one or more parts of its obligations under the agreement performed by third parties. In such cases, the Seller remains the Buyer\u2019s contractual partner and responsible for fulfilling the contractual obligations toward the Buyer.<\/span> \nIf the Seller modifies its product for improvement or due to legal or other requirements, it reserves the right to do so at any time. The Buyer may not assert any rights against the Seller based on such changes.<\/span> \nThe Seller reserves the right to make partial deliveries if reasonably feasible. This does not result in any liability or breach of performance by the Seller.<\/span><\/span><\/div>\n
Prices listed in the webshop are, unless otherwise specified, exclusive of all taxes, including VAT. Shipping costs and additional fees payable by the Seller may be added to the stated prices.<\/span> \nFor deliveries, the consumer bears all import and export fees, as well as any customs duties, charges, and levies associated with the delivery.<\/span> \nPayment of the purchase price is due immediately upon conclusion of the contract.<\/span> \nAny increase in costs affecting the price (e.g., taxes\/fees, freight costs, equipment costs, etc.) entitles the Seller to pass these on to the customer. The Buyer may terminate the agreement only if this occurs within two months of the agreement\u2019s conclusion and the cost increase exceeds 5% of the price.<\/span> \nIf the customer defaults on a payment, we are entitled to charge default interest at a rate of 2.5% per month for the default period.<\/span> \nIn addition to Section 5.5, the Buyer is liable for all judicial and extrajudicial costs incurred by the Seller, which the Seller may reasonably charge in connection with collecting the outstanding amount. If a court does not award the Seller full legal costs (including attorney fees) in a judicial proceeding, this does not affect the Seller\u2019s right to recover these costs in full under a separate prior agreement with the Buyer as per this section.<\/span> \nThe Buyer must compensate the Seller for all damages suffered due to incorrect or missing billing data provided by the Buyer or failure to comply with governmental or other obligations.<\/span> \nIn case of default, we will also charge the customer for costs necessary for appropriate legal action (e.g., collection or attorney fees). In any case, we will charge a flat processing fee of at least \u20ac40 per default incident.<\/span><\/span><\/div>\n
Delivery Terms & Deadlines, Retention of Title<\/span><\/span><\/div>\n
Shipping costs are borne by the customer and are determined by the Seller\u2019s actual costs. The customer is informed of the shipping costs during the ordering process.<\/span> \nDelivery of goods occurs only after full payment is received. Bank transactions may take several days (typically 1\u20133 days), depending on the payment method.<\/span> \nAfter receipt of payment, the Seller must deliver the goods to the consumer within 90 days.<\/span> \nIf goods are delivered without prior full payment, they remain under retention of title until the purchase price is fully paid. It is agreed that exercising retention of title does not constitute withdrawal from the contract unless the Seller explicitly declares such withdrawal.<\/span> \nFor orders outside the European Customs Union (Belgium (BE), Greece (GR), Malta (MT), Slovakia (SK), Bulgaria (BG), Ireland (IE), Netherlands (NL), Slovenia (SI), Denmark (DK), Italy (IT), Austria (AT), Spain (ES), Germany (DE), Croatia (HR), Poland (PL), Czech Republic (CZ), Estonia (EE), Latvia (LV), Portugal (PT), Hungary (HU), Finland (FI), Lithuania (LT), Romania (RO), France (FR), Luxembourg (LU), Sweden (SE), Cyprus (CY)), the recipient bears any customs and import fees. In such cases, the Seller reserves the right to ship the product directly from a third country (e.g., China (CN)).<\/span> \nAll delivery deadlines provided by the Seller are estimated and non-binding unless explicitly agreed as binding by the Buyer and Seller.<\/span> \nAgreed delivery deadlines begin only once the Buyer has provided all necessary data for fulfilling the agreement or the Seller has met all conditions required for execution (e.g., permits, materials, data, payment).<\/span> \nThe Buyer waives any right to compensation for delays in delivery by the Seller.<\/span><\/span><\/div>\n
Defects and Claims<\/span><\/span><\/div>\n
The Buyer must inspect all aspects of the delivered item for defects or issues within 24 hours of receipt that might suggest the Seller has not met its obligations. Failure to do so forfeits any rights against the Seller related to such issues.<\/span> \nThe Seller is not liable for damage to delivered items it was unaware of or could not have known about.<\/span> \nClaims related to identified defects expire within seven days of the issue becoming apparent unless the Buyer notifies the Seller in writing with a clear description within this period.<\/span> \nMinor or unavoidable deviations in delivered items do not entitle the Buyer to claims.<\/span> \nIf the Buyer submits a claim and complies with Sections 6.1, 6.3, or 6.4, the Seller may, at its discretion, either fulfill its obligations or issue a credit for a reasonable portion of the price related to the complaint, without prejudice to other rights of the Seller.<\/span><\/span><\/div>\n
It is noted that statutory warranty rights may apply to purchased goods, the scope of which is determined by law and not limited by these GTC (see, in particular, \u00a7\u00a7 922 ff. ABGB in conjunction with \u00a7 9(1) KSchG under Austrian law).<\/span> \nTo assert warranty claims, the customer may contact:<\/span> \nArgentinierstra\u00dfe 29\/24, 1040 Vienna, office@bubble-allstars.com<\/span> \nThe Seller will promptly review complaints, and the customer must send the allegedly defective goods to the Seller upon request.<\/span> \nThe Seller provides a limited 2-year guarantee from the purchase date for material and workmanship defects. During this period, the Seller will repair or replace defective parts with new or refurbished parts. This limited guarantee applies only to the original purchaser.<\/span> \nA hole in the plastic of a bubble ball is not considered a defect but normal wear and tear, and is not covered under this limited guarantee. If your product develops holes within 2 years of purchase, the Seller will provide free repair patches. After 180 days, we recommend purchasing repair kits.<\/span> \nThe Buyer covers shipping costs for returns under the limited guarantee within the first 180 days. After this period, all shipping costs are borne by the customer.<\/span> \nReplaced original parts become the Seller\u2019s property. Additions or modifications to the product are excluded from the guarantee. The Buyer is responsible for costs of maintenance or repairs not covered by this limited guarantee.<\/span> \nThe Seller cannot replace damaged or defective custom products in the same way as standard products. A transparent bubble ball will be sent as a replacement if a custom product is returned defective within the guarantee period.<\/span> \nThe Seller provides no further warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or conformity with any representation or description, except as stated below. The Seller assumes no warranty for products or documentation from other manufacturers regarding quality, performance, merchantability, fitness, or conformity.<\/span> \nThe Seller is not liable for losses, costs, expenses, inconveniences, or damages arising from the use or inability to use the products, nor beyond the purchase price of the product under any circumstances.<\/span> \nThe warranties and remedies below are exclusive and replace all other warranties, whether oral, written, express, or implied. No reseller, agent, or employee is authorized to modify, extend, or add to this guarantee.<\/span><\/span><\/div>\n
Guarantee Conditions<\/span><\/span><\/div>\n
The guarantee covers damages not caused by external factors (e.g., seam splitting, strap tearing). It does not cover, for example, a hole in the ball\u2019s surface caused by stones or branches, nor normal wear or excessive use.<\/span> \nThis limited guarantee is subject to the following conditions: <\/span><\/span><\/div>\n
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It applies only to products distributed by the Seller. <\/span><\/span><\/div>\n<\/li>\n
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It covers only normal use. The Seller is not liable under this guarantee for damages or defects due to (i) misuse, neglect, improper shipping, use, or storage; (ii) disasters like fire, flood, lightning, or improper electrical current; (iii) service or alteration by anyone other than an authorized Seller representative; or (iv) damages from irresponsible use. <\/span><\/span><\/div>\n<\/li>\n
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You must retain your purchase contract or proof of purchase to claim guarantee services. <\/span><\/span><\/div>\n<\/li>\n
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Replacement parts provided under this guarantee receive an extended guarantee. <\/span><\/span><\/div>\n<\/li>\n
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Third-party products are not covered. <\/span><\/span><\/div>\n<\/li>\n
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Guarantee claims expire if the user misuses or neglects the item or fails to follow the Seller\u2019s instructions (including those on the website). <\/span><\/span><\/div>\n<\/li>\n
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Guarantee claims also expire if damage results from normal wear, third-party involvement in setup, maintenance, or repair, or any disruptive handling by third parties. <\/span><\/span><\/div>\n<\/li>\n
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Guarantee claims expire if the Buyer has not fully met payment obligations to the Seller. <\/span><\/span><\/div>\n<\/li>\n
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Guarantee claims apply ex works at the Seller\u2019s location in Vienna, Austria. <\/span><\/span><\/div>\n<\/li>\n
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For guarantee claims, the Buyer must ensure delivery and pickup of the affected item to\/from the Seller\u2019s location in Meppel, Netherlands, at the Buyer\u2019s expense. <\/span><\/span><\/div>\n<\/li>\n
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The Seller\u2019s liability for negligently caused property damage is excluded.<\/span><\/span> \na) Liability for personal injury follows statutory provisions; liability for simple negligence is excluded.<\/span><\/span> \nb) Liability for property damage is limited to \u20ac25,000 per incident and \u20ac50,000 in total.<\/span><\/span> \nc) The Seller is not liable for loss of earnings due to delayed delivery or defects. <\/span><\/span><\/div>\n<\/li>\n
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Defects must be reported to the Seller immediately (without culpable delay) in detailed video format, or warranty rights are forfeited. <\/span><\/span><\/div>\n<\/li>\n
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The Buyer acknowledges that using the product involves risks and must follow the Seller\u2019s instructions and regulations. Failure to do so voids any right to compensation for damages. <\/span><\/span><\/div>\n<\/li>\n
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The Seller\u2019s liability for damages due to actions or omissions of its auxiliaries is excluded. <\/span><\/span><\/div>\n<\/li>\n
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All Buyer rights to compensation expire if the Buyer fails to comply with the agreement, GTC, or Seller\u2019s instructions, and this likely caused the damage. <\/span><\/span><\/div>\n<\/li>\n
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Liability and compensation rights expire six months after the event causing the damage unless the Buyer notifies the Seller within this period.<\/span><\/span><\/div>\n<\/li>\n<\/ul>\n
Right of Withdrawal\/Cancellation Policy<\/span><\/span><\/div>\n
You have the right to withdraw from this contract within 14 days without stating a reason. The withdrawal period is 14 days from the day you or a third party designated by you (not the carrier) takes possession of the goods.<\/span> \nTo exercise your right of withdrawal, you must inform us (Christoph Sacher, Argentinierstra\u00dfe 29\/24, 1040 Vienna, office@bubble-allstars.com) with a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, though it is not mandatory.<\/span> \nTo meet the withdrawal deadline, it is sufficient to send your notification of exercising the right of withdrawal before the period expires.<\/span> \nIf you withdraw from this contract, we will refund all payments received from you, including delivery costs (except additional costs if you chose a delivery method other than our cheapest standard option), promptly and no later than 14 days from the day we receive your withdrawal notice. We will use the same payment method as your original transaction unless expressly agreed otherwise; no fees will be charged for this refund.<\/span> \nWe may withhold the refund until we receive the goods back or until you provide proof of return, whichever occurs first.<\/span> \nYou must return or hand over the goods to us (Christoph Sacher, Argentinierstra\u00dfe 29\/24, 1040 Vienna, office@bubble-allstars.com) promptly and no later than 14 days from the day you notify us of withdrawal. The deadline is met if you send the goods before the 14-day period expires. You bear the direct costs of returning the goods.<\/span> \nYou are liable for any diminished value of the goods only if this results from handling beyond what is necessary to examine their nature, characteristics, and functionality.<\/span> \nNo right of withdrawal exists for the following goods ordered from us: <\/span><\/span><\/div>\n
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Goods made to customer specifications or clearly tailored to personal needs.<\/span><\/span><\/div>\n<\/li>\n<\/ul>\n
We inform you that the following user data is stored by the Seller for a smoother purchasing process and subsequent contract handling:<\/span> \nName, date of birth, address, phone number, payment details, email address, order details.<\/span> \nStorage occurs solely for processing specific orders (including payment and delivery) and to facilitate future orders for the customer.<\/span> \nData is transferred to third parties only as necessary for order processing (e.g., payment data to a financial institution, address data to a carrier).<\/span> \nThe website uses cookies. If you do not wish to accept cookies, please adjust your browser settings accordingly. Note that this may limit website functionality. Cookies store certain data to facilitate future orders and provide personalized advertising offers.<\/span> \nData processing complies with relevant legal provisions, including \u00a7 96 TKG and \u00a7 8 DSG (Austrian laws).<\/span> \nThe customer consents to receiving messages from our company about our products, current offers, and other company-related information via promotional emails (e.g., newsletters).<\/span> \nThe customer may revoke consent to such emails at any time by sending an informal email with the subject \u201cUnsubscribe\u201d to newsletter@bubble-allstars.com.<\/span><\/span><\/div>\n
Choice of Law, Jurisdiction<\/span><\/span><\/div>\n
Austrian law applies to all contracts and agreements between the Seller and the customer, excluding the UN Sales Convention. Exceptions apply if mandatory consumer protection laws dictate otherwise.<\/span> \nThe competent court at the Seller\u2019s registered office is agreed as the local jurisdiction, unless mandatory consumer protection laws specify otherwise.<\/span><\/span><\/div>\n
Severability Clause<\/span><\/span><\/div>\n
If any provision of these GTC is or becomes invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by a legally permissible one that most closely serves its purpose. Exceptions apply for consumers if mandatory laws prevent such a validity-preserving adjustment.<\/span><\/span><\/div>\n
Sample Withdrawal Form<\/span><\/span><\/div>\n
(If you wish to withdraw from the contract, please complete and return this form) <\/span><\/span><\/div>\n
I\/We (<\/span>) hereby withdraw from the contract concluded by me\/us (<\/span><\/span>) for the purchase of the following goods (*): <\/span><\/span><\/div>\n
Ordered on (<\/span>)\/received on (<\/span><\/span>): <\/span><\/span><\/div>\n
Name of the consumer(s): <\/span><\/span><\/div>\n