General Terms & Conditions

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General Terms and Conditions (AGB)

of Greenstorm Mobility GmbH –

The General Terms and Conditions of Greenstorm Mobility GmbH (Weidach 4, 6330 Kufstein – www.greenstorm.eu) are valid as of October 24th, 2016.

  1. Generalities
    The General Terms and Conditions apply to the sale and delivery of goods and services, including repairs carried out by our company and are taken as a basis for all our contracts – both in the online shop and in our business premises – unless, in individual cases, other differing written agreements are made. Alternative conditions of the customer shall only be valid if we have agreed to them in writing or signed them and shall apply exclusively to the relevant legal transaction, but not to subsequent transactions.  As regards the online shop: by clicking the checkbox in the shopping trolley before placing the order “I have read and accepted the terms and conditions (link to the terms and conditions) and the cancellation instructions”, the customer agrees to these terms and conditions and is bound by them.  Our range of offers is non-binding and subject to confirmation. The order of a fully contractually capable customer (persons from the age of 18) represents an offer to conclude a contract. All verbal or written (including online) orders become binding for the customer on receipt of our written confirmation of order. The contract is only concluded from the time we deliver the ordered goods and confirm the shipment to the customer or provide the required service. If orders are placed with us, the customer shall be bound by them for seven (7) days from receipt of the offer.
  1. Order process – Consumers

Consumers: In legal transactions with consumers within the meaning of the Austrian Consumer Protection Act, these General Terms and Conditions shall apply insofar as they contradict provisions of the Consumer Protection Act which are not mandatory.  Note according to § 8 FAGG: The consumer was informed of the following information before sending the online order and has taken note of this information by clicking the “Buy Now” button for the order. The consumer has thus confirmed that he has accepted the order as an “order subject to payment” (button for ” order subject to payment”). Information: Characteristics of the goods/services

Total price of goods/services.

3. Prices
Our company reserves the right to change the content of the relevant service offer in the online shop at any time. The prices are non-binding and subject to change without notice and do not include any costs charged by third parties, such as shipping costs. The prices are valid at the time of the order including the legal value added tax, all expenses and costs arising from dispatching are extra. They are displayed in the shopping basket when the order is placed and are confirmed by the customer by pressing the button “order subject to payment”. The prices and shipping costs are binding on the issuing of the confirmation of order sent to the customer. Should export or import duties become due in the course of shipment, these shall also be borne by the customer (information on this can be obtained from the competent customs office). Sales to customers outside the EU are not subject to VAT, but the customer must pay the respective national import duties. In the case of sales to entrepreneurs within the EU, no Austrian value added tax is payable following verification by the VAT authorities; the entrepreneurs must pay the value added tax in their home country. The payment is to be made in Euros.

4. Delivery, dispatch and transfer of risk
The delivery takes place within 30 days after full payment of the goods. Should delivery not be possible within 30 days, we will contact the customer to arrange a new delivery date. If the customer does not agree with a delayed delivery, he is entitled to withdraw from the contract.If not all ordered articles are immediately available, the immediately available goods are delivered straight away and the remainder are delivered at a later date as soon as these are available. As the shipping prices are dependent from case to case on size, weight and destination country of the individual order, they are calculated individually for each order in the Greenstorm online shop and are binding for the customer upon order confirmation. The stated shipping prices of EUR 59 within Austria and EUR 89 to Germany apply to orders of 1 e-bike each. Shipping costs will be charged separately and are quoted before the order is placed. The date of delivery is set as the day on which the goods leave our warehouse or are made available to the customer ready for dispatch or collection. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon collection of the goods by the customer at the time of the handover of the goods, unless we have assumed responsibility for the transport ourselves. In the case of delivery by a forwarding agent, carrier or other person designated for dispatch, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer when the goods are handed over to the forwarding agent, carrier or other person designated for dispatch. If the customer has concluded the contract of carriage himself without making use of any proposal from our side, the risk shall pass to this carrier when the goods are handed over. We assume no liability for force majeure: if we are prevented from fulfilling our obligations by the occurrence of unforeseen circumstances, which we could not avert despite taking reasonable caution in the circumstances of the case, e.g. strike, fire, natural disasters, official decrees, operational disruptions – such as lack of energy or raw materials – we shall be released from these obligations. When the goods are dispatched, the risk of loss or of damage to the goods shall not pass to the consumer until the goods have been delivered to the consumer or to a third party designated by the consumer, other than the carrier. However, if the consumer has concluded the contract of carriage himself without making use of any proposal from our side, the risk shall pass to the carrier as soon as the goods are handed over.

5. Terms of payment, acceptance delay
We accept the following payment methods: credit card (VISA, Mastercard), the payment service systems “PayPal” and “Sofortüberweisung”. In the case of credit card payments, a state-of-the-art encrypted transmission – SSL encryption – is available which protects your data from unauthorized access. The payment debit takes place when the order has been successfully completed. The transfer must be made within one week of receipt of the confirmation of order. Payment shall be deemed to have been made upon receipt of the invoice amount into the specified account of the seller. Delivery shall only take place after complete payment of the goods (see point above). In the event of payment default, we shall be entitled to charge default interest without prior notice to the amount of (a) 4% p.a. for consumers, and (b) 9.2% p.a. above the base rate for companies. If a reminder is required, we reserve the right to charge EUR 12,– for reminder fees per reminder. If the case is handed over to a lawyer or debt collection agency, the costs incurred shall be borne by the customer. If the contractual partner is in default of acceptance, we are entitled to store the goods ourselves, for which we charge a storage fee of EUR 0.1 for each calendar day that has been begun and insist at the same time on fulfilment of the contract.

6. Cancellation policy
The consumer may withdraw from a distance sales contract or a contract concluded not at our business premises – e.g. trade fairs – within 14 days without giving reasons or withdraw from the contract in written form (e.g. letter, e-mail) or – if the goods are handed over before the expiry of the deadline – also by returning the goods. The period begins after receipt of this instruction in text form but not before acceptance of the goods by the consumer according to point 5 or delivery of the goods to the customer or to a shipping company. In order to comply with the revocation period, it is enough to send the notification of the exercise of the right of revocation before the expiry of the revocation period. In order to exercise your right of revocation, you must inform us by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to revoke this contract, stating the following: name, address, telephone number and, if available, e-mail address. You can use the attached sample cancellation form but this is not mandatory.

The cancellation is to be sent to:

Greenstorm Mobility GmbH
Weidach 4
6330 Kufstein

Austria, Planet Earth

Tel. +43 5372 66888
E-mail: office@greenstorm.eu

 

Revocation consequences

If you effectively revoke the contract, we will refund all payments we have received from you, including delivery charges (other than the additional charges arising from your choosing a method of delivery other than the low-priced standard delivery proposed by us), immediately and no later than fourteen days from the date we receive notice of your revocation of the contract. We will use the same means of payment used by you in the original transaction to carry out the refund, unless expressly agreed otherwise with you; in no event will you be charged for such refunds. In the case of sales contracts where we have not offered to collect the goods ourselves in the event of revocation, we may refuse to carry out the refund until we have received the goods back. In the event of deterioration of the goods, compensation may be demanded. End of the information concerning revocation instructions.

The right of cancellation does not apply to distance sales contracts as follows:

o for the delivery of goods which are manufactured according to customer specifications or clearly tailored to personal needs or which are not suitable for return due to their nature or spoil quickly or whose expiration date would be exceeded.

o for the delivery of audio or video recordings or software, if the seals of the delivered data carriers have been broken by the consumer.

You can find a sample cancellation form on the website under
Right of Cancellation

7. Reservation of proprietary rights
Until full payment is received of the agreed purchase price for the goods including all ancillary liabilities (e.g. interest, costs), the goods/spare parts shall remain our property. If the customer sells goods subject to reservation of proprietary rights to a third party, the reservation of proprietary rights shall continue to apply. The customer may re-sell the goods in the ordinary course of business but must inform us thereof and assign rights to us to the extent of the purchase price owed. However, he may not pledge the goods to a third party, assign them by way of security or otherwise encumber them in favour of a third party until the purchase price has been paid in full. If payment is not made immediately after a reminder in the event of default in payment, our goods subject to reservation of proprietary rights must be returned immediately. Return costs shall be borne by the customer.

8. Data protection
Our employees are subject to the confidentiality obligations of the Data Protection Act. The mere fact that an exchange of information has taken place is also subject to confidentiality obligations. However, routing and domain information including IP addresses must and may be passed on. The customer acknowledges that the use of the data about the customer specified in the contract will be stored and processed for the purposes of our accounting and customer records. The data will be used by us to comply with legal regulations and to process payment transactions. The following customer data is stored: first name, surname, mail address, street, postal code, city and telephone number. For credit card payments, we furthermore need the following data: credit card type, credit card number, expiry date of the credit card and the verification number on the back of the credit card. Customer data will not be passed on to third parties unless this is absolutely necessary for the execution of the contract (or due to a court order). Our contractual partners have been informed about our data protection regulations and are obliged to abide by them. The customer is obliged to inform us of any changes to his residential or business address for as long as the contractual legal transaction has not been completely fulfilled by both parties. If the notification is not forthcoming, declarations shall also be deemed to have been received if they are sent to the last known address.

9. Warranty, liability, guarantee
The warranty period for our goods is 24 months from the date of delivery or rendering of a service and 12 months for the battery and motor.In the case of justified defects, either free replacement or repairs will be carried out, for which a reasonable period – but no longer than 30 days – must be granted. If an exchange or repair is not possible (impossible, too much work, unreasonable, deadline), the customer is entitled to a price reduction or, if the defect is not minor, cancellation of the contract (rescission). Any defects that appear shall be notified as soon as possible upon delivery or after they become apparent – without any negative legal consequences for the customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG) if he fails to do so. If the purchase is a commercial transaction (B2B) for the customer, the customer must examine the goods immediately upon receipt and notify us promptly if a defect is found. Our company is only liable for damages caused by intent or gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence must be proven by the injured party, insofar that it is not a consumer transaction. Compensation for (defect-) consequential damages, as well as other material damages, financial damages and damages of third parties against the customer, if it is not a consumer business, is excluded. Our company as the operator of the web shop mentioned in the imprint provides the services with the greatest care but is not liable for the services provided by third parties or obtained from third parties. We do not assume any further liability for material damage or financial loss of the customer. We are also not liable for consequential damage and for consequential damage caused by defects which may result from the improper use or application of our goods. The customer shall be liable for the proper use of the goods delivered by us. The customer is not entitled to withhold payment of the purchase price due to the assertion of a possible claim. The existence of a defect does not entitle the customer to remedy the defect himself or have it remedied by third parties. We are only liable for gross negligence and intent. The existence of gross negligence or intent is to be proven by the customer. The guarantee must be claimed from the guarantor (the manufacturer/possibly also from the seller, if the latter is the manufacturer) and the claim is to be made in accordance with the provisions of the guarantor. The legal warranty is not affected by the use of the warranty. In the case of repair orders, the statutory period applies. Expendable parts only have a life span corresponding to the respective state of the art. The warranty shall be in accordance with the statutory provisions. In order to provide a warranty service (in particular repairs), the item to be repaired must be brought to our business premises by the customer; if this is not possible, we must be notified in writing. The manufacturer’s warranty or guarantees remain unaffected. For business customers, the following shall apply: Any notices of defects with regard to obvious defects must be submitted by the customer to us in writing by letter or e-mail immediately but no later than within three days of receipt of the goods, stating the exact description of the defect. Hidden defects are to be reported within three days of discovery as stated above. The notification shall be deemed to have been made in good time if we have received it within the time limit. Notices of defects do not affect payment obligations. If a notice of defect is not made or not made in good time, the goods shall be deemed to have been approved and accepted. Unless otherwise agreed, our warranty shall be limited at our discretion to repair and replacement of any defective goods. No liability for accessories: We are not liable for accessories if an item needs to be repaired.

10. Applicable law, place of performance and place of jurisdiction
Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods as well as national and international conflict-of-law rules. Place of performance is the registered office of our company. The exclusive place of jurisdiction for all disputes arising from or in connection with purchase contracts concluded with us is the competent court. For consumers who do not have a domicile or habitual residence or place of employment in Austria at the time of the conclusion of the contract, but who are domiciled in an EU member state, Art. 16 EuGVVO applies: the applicable place of jurisdiction is either the domicile of the consumer or the competent court.

Art 16 EuGVVO: (1) A consumer may bring proceedings against the other contract party either in the courts on the territory of the Member State in which that party is domiciled or in the courts for the place where the consumer is domiciled. (2) The action of the other party to the contract against the consumer may only be brought in the courts of the Member State of the territory in which the consumer is domiciled. (3) The provisions of this Article shall not affect the right to bring a counterclaim before the court in which the action itself is heard in accordance with the provisions of this Section.

11. Copyright
All news, graphics, photos and the design of the Greenstorm Mobility GmbH website are used exclusively for the personal information of our customers. Use is at your own risk. All data contained in this offer is protected by §4 and §§87 ff. of the copyright laws. The reproduction, copying and printing of any parts of the website is only permitted for the purpose of placing an order with our company. Any further processing, duplication, distribution and/or public reproduction exceeds normal usage and constitutes a violation of copyright.

12. Competitions on/in social media

The organiser of the competitions is GREENSTORM Mobility GmbH, Weidach 4, 6330 Kufstein, (hereafter only: GREENSTORM). By participating in the competition, you agree to the following terms and conditions.

What can you win?

By participating, you have the possibility of winning a voucher for the offer described on Facebook.

How can you win?

You can take part in the GREENSTORM competition by becoming a fan of the “GREENSTORM Used TOP E-Bikes” page.

Participation is open to anyone over the age of 14 and is free of charge. Persons under the age of 18 require the consent of their parent or guardian. This is required by GREENSTORM. Automated competition operations and competition clubs are not entitled to participate in any of GREENSTORM’s competitions.

Who may not participate?

GREENSTORM reserves the right to exclude any person from participation. The reasons for this are violations of the present conditions of participation, manipulations, illegal contributions, insults, false facts and trademark, competition or copyright infringements. GREENSTORM reserves the right to take legal action. Users are responsible for any violations of the law. GREENSTORM employees and their families are not eligible to participate in Facebook competitions. Legal recourse is also excluded.

When does the competition take place?

The Facebook competition starts with the publication of the competition entry and is limited in time – exactly as stated in the Facebook entry.

When and how will the draw take place?

The end of the competition will be announced on Facebook. After the end of the promotion, the winner will be determined – in camera – by means of an impartial draw or by the Facebook service www.fanpagekarma.com on the same day.

How do you find out about the winners?

The result of the draw will be published on Facebook on the day of the end of the competition. The winner will be announced by name on GREENSTORM’s Facebook page for used Top e-Bikes.

When the winner is announced, they will be asked to contact GREENSTORM and provide their contact details. The prize is despatched after receipt of the contact information. The winner gives his/her authorisation that a photo of the prize presentation, of him/herself and of the prize will be published on GREENSTORM’s Facebook page and on other GREENSTORM social media channels.

GREENSTORM’s Privacy Policy

GREENSTORM uses all data collected in the context of the competition solely for the purpose of conducting the competition. Should the data of the participants in the competition be used for advertising purposes such as email marketing, the declaration of consent will be obtained from each user in accordance with the current legal provisions of the DSGVO and the Austrian Data Protection Act (DSG) as amended by the Data Protection Adaptation Act of 25 May 2018. Data of persons who do not agree to this regulation will not be used for further advertising purposes.

Disengagement of Facebook

This competition is run by GREENSTORM Mobility GmbH, Weidach 4, 6330 Kufstein. Facebook has no connection whatsoever to this competition. Facebook is therefore not available as a contact for this lottery. All questions and information should be directed to GREENSTORM.

Miscellaneous

GREENSTORM reserves the right to modify, adapt or discontinue the competitions at any time. Circumstances include disruptions of the competition due to force majeure, legal reasons, technical reasons (software or hardware errors) or manipulation of the competition by third parties. GREENSTORM shall not be liable for any consequences resulting from participation in the competition which are beyond its sphere of responsibility. A cash payment of the prize is excluded. Winning claims cannot be transferred to other persons. Legal recourse is excluded.

13. Miscellaneous
The invalidity, nullity or cancellation of individual provisions shall not affect the validity of the remaining provisions of these General Terms and Conditions. Compensation claims within the meaning of the Product Liability Act are excluded, unless the party entitled to compensation proves that the error was caused in our area of responsibility and was in any case caused by gross negligence. The customer waives the possibility of off-setting. All declarations, notifications, including notifications of defects, must be addressed to us in writing (e-mail acceptable). The contents of the contract, all other information, customer service, data information and handling of complaints shall be provided in the German language throughout. In the event of a dispute, we undertake to participate in the conciliation procedure of the Internet Ombudsman:

www.ombudsmann.at
Internet Ombudsman
Margaretenstraße 70/2/10
A-1050 Wien

Further information on the types of procedure can be found at www.ombudsmann.at or in the relevant procedural guidelines: Procedural Guidelines of the Internet Ombudsman for Alternative Dispute Resolution using the AStG (AStG Conciliation Procedure) http://www.ombudsmann.at/media/file/67.Richtlinien_Internet_Ombudsmann_AStG-Verfahren.pdf Guidelines for the conciliation procedure with the Internet Ombudsman outside the scope of the AStG (standard procedure)
https://secure.ombudsmann.at/media/file/66.Richtlinien_Internet_Ombudsmann_Standard-Verfahren.pdf The OS platform can also be used to settle disputes with our company: http://ec.europa.eu/consumers/ or our e-mail address: office@greenstorm.eu

 

Sample cancellation form

(If you want to cancel the contract, please fill in this form and send it back)

To
Greenstorm Mobility GmbH
Weidach 4
AT 6330 Kufstein

Austria

E-mail: office@greenstorm.eu

I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
____________________________________________________________

____________________________________________________________

Ordered on _________________ (*)/received on (*) _________________

Customer(s) name(s) ___________________________________

Customer(s) address(es)

_______________________________________________

_______________________________________________

_______________________________________________

Date ___________________

Customer’s signature
(only required with written notification) ____________________________

(*) delete as applicable.

Further Information

Ordering procedure

You can add products to your shopping trolley without obligation by clicking on the button. You can view the contents of the shopping trolley at any time by clicking on the link “Go to shopping trolley / Checkout” without obligation. You can remove the products from the shopping trolley at any time by clicking the button or by entering the quantity 0 in the quantity field of the shopping trolley item. If you want to buy the products in the shopping trolley, click the button “Go to checkout”.

Please enter your data. The mandatory fields are marked with a *. Your data will be transmitted encrypted.  After entering your data, selecting the method of payment and shipping, you will be taken to the order page, where you can check your information once again. By clicking the button “Buy” you complete the order process. The process can be aborted at any time by closing the browser window. On the individual pages you receive further information, e.g. correction possibilities.

Contract text
The text of the contract is stored on our internal systems. You can view the general terms and conditions on this page at any time. The order data will be sent to you by e-mail. You can view your previous order data in our customer login area.

 

 

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