General Terms and Conditions of Greenstorm Mobility GmbH
The General Terms and Conditions of Greenstorm Mobility GmbH (Weidach 4, 6330 Kufstein - www.greenstorm.eu) are valid from 24 October 2016.
- General points
These General Terms and Conditions apply to the sale and delivery of goods and services, including repair by our company and are the basis for all our contracts - both from the online shop and our offices - unless in individual cases alternative written agreements have been made. Alternative terms and conditions of customers shall only be valid if we have agreed to them in writing or in correct business terms and then shall apply exclusively to the respective legal transaction, but not to subsequent transactions.
Concerning the online shop: by clicking the checkbox in the shopping cart which reads "I have read and accepted the terms and conditions (link to the terms and conditions) and the revocation instructions" before placing the order, the customer agrees to these terms and conditions and is bound to 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 through our written order confirmation. The contract is concluded as soon as we dispatch the ordered goods and confirm the shipment to the customer or provide the service (e.g. service). If orders are placed with us, the customer shall be bound to them for seven (7) days from receipt of the offer.
Order process - ConsumersNote according to § 8 FAGG: The consumer was informed of the following information before sending the online order and took note of this information by clicking the "Buy Now" button for the order. In so doing, the consumer confirmed that he accepted the order as a "payable order" (button for "payable order"). Information:
Consumers: In legal transactions with consumers within the meaning of the Austrian Consumer Protection Act, these General Terms and Conditions shall apply when they contradict provisions of the Consumer Protection Act which are not mandatory.
Nature of the good/service
Total price of the good/service
Our company reserves the right to change the content of the respective 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 plus all expenses and costs arising from the dispatch. They are visible in the shopping basket when you place an order and are confirmed by the customer with the button for "payable order". The prices and shipping costs are binding with the order confirmation 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 responsible customs office). Sales to customers outside the EU are not subject to VAT, but they must pay the respective national import duties. In the case of sales to companies within the EU, no Austrian VAT tax is payable if proof of the VAT number is provided; the companies will have to pay the VAT in their home country. The settlement shall be made in euros.
- Delivery, dispatch and transfer of risk
The delivery will take place within 5 working days from complete payment for the goods. Should delivery not be possible within 5 working days, we will contact the customer to arrange a new delivery date. If the customer does not agree to a delayed delivery, he is entitled to withdraw from the contract.
If not all the ordered articles are immediately deliverable, the immediately deliverable items will be dispatched immediately and further items as soon as they become available. As the shipping prices are dependent on the size, weight and destination country of the individual order, they will be 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 each apply to the shipping of orders of 1 e-bike.
Shipping costs will be charged separately and are visible before placing the order.
The date of delivery shall be the day on which the goods leave our warehouse or are placed at the customer's disposal ready for 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 the goods are handed over, unless we have assumed responsibility for the transport ourselves. In the case of delivery by a forwarding agent, carrier or other person contracted 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 contracted for dispatch. If the customer has concluded the contract of carriage himself without making use of a choice proposed by us, the risk shall pass to this carrier as soon as the goods are handed over.
We shall not be liable for force majeure or Acts of God. If we are prevented from fulfilling our obligations by the occurrence of unforeseen circumstances, which we could not avert despite reasonable care given the circumstances of the case, e.g. strikes, fire, natural disasters, official orders, 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 of or 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 taking advantage of a choice proposed by us, the risk passes to the carrier when the goods are handed over.
- Terms of payment, default of acceptance
We accept the following payment methods: credit card (VISA, Mastercard), the payment service systems "Paypal", "SEPA immediate transfer", "pre-payment", "Santander installment credit" and "3.88% financing (up to 48 monthly installments)". With credit card payments, a state-of-the-art encrypted transmission - SSL encryption – is used, which will protect your data from unauthorized access. The payment debit will take place when the order has been successfully placed.
The transfer must be made within one week of receipt of the order confirmation. Payment shall be deemed to have been made upon receipt of the amount invoiced in the specified account of the seller.
The delivery takes place only after complete payment of the goods (see above point 5).
In the event of default of payment, we shall be entitled to charge default interest without prior notice of 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 charges per reminder. In the event of transfer 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 with us, for which we charge a storage fee of EUR 0.1 per commenced calendar day and insist at the same time on fulfilment of the contract.
- Revocation instruction
Right of withdrawal
This contract can be revoked within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you who is not the carrier have taken possession of the last goods.
In order to exercise your right of withdrawal, you must inform us (Greenstorm Mobility, Weidach 4, 6330 Kufstein, Austria, email@example.com, telephone: 0043537266888, fax: 0043537266888800) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or email sent by post). The sample withdrawal form can be used for this, but it is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
The revocation is to be addressed to:
Greenstorm Mobility GmbH
Telephone: 0043 5372 66 888
Fax: 0043 5372 66 8888 00
If you revoke this contract, we will reimburse you for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us) immediately and no later than fourteen days from the date on which we received notice of your revocation of this contract. For this refund we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no event will you be charged for this refund.
We will collect the goods. We will bear the costs of returning the goods. You shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which was not necessary to examine their nature, properties and functionality.
If you finance this contract with a loan and later revoke it, you will no longer be bound by the loan agreement, provided that both agreements form an economic unit. This is to be assumed in particular if we are your lender or if your lender works with us with regard to financing. If we have already received the loan when the revocation takes effect, your lender will fall under our rights and obligations under the financed contract with regard to the legal consequences of the revocation or the return. The latter shall not apply if the object of the present contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives). If you wish to avoid a contractual obligation as far as possible, make use of your right of revocation and also revoke the loan agreement if you also have a right of revocation for it.
- Retention of ownership
Until full payment of the purchase price agreed for the goods including all additional liabilities (e.g. interest, costs), the goods / spare parts shall remain our property. If the customer sells goods subject to retention of ownership to a third party, the retention of ownership shall extend further. The customer may resell the goods in the ordinary course of business, but must inform us of this and assign the claim 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 before 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 retention of ownership must be returned immediately. Costs of returning the goods shall be borne by the customer.
- Data protection
Our employees are subject to the confidentiality obligations of the Data Protection Act. The mere fact of an exchange of information that has taken place is also subject to confidentiality. However, routing and domain information, including IP addresses, must and may be shared. The customer acknowledges that the use of the data about the customer stated 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 statutory regulations and to process payment transactions. The following customer data are stored: first name, surname, email address, street, postal code, city and telephone number. For payment by credit card we need the following data: credit card type, credit card number, expiration date of the credit card, and the check digit 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 instructed about our data protection regulations and are obliged to comply with them.
The customer is obliged to inform us of any changes to his residential or business address as long as the contractual legal transaction has not been completely fulfilled by both parties. If this notification is omitted, information will be deemed to have been received if it is sent to the last known address.
- Warranty, Liability, Guarantee
The warranty period for our goods is 24 months from the invoice date on frame, battery and motor.
In the case of justified complaints about defects, either replacement or improvement shall be carried out free of charge, for which a reasonable period - but no longer than 30 days - shall be granted. If an exchange or an improvement is not possible (not possible, too much effort, unreasonable, delay), the customer will be entitled to a price reduction or, if the defect is not minor, cancellation of the contract (rescission). Any defects that occur are to be notified as soon as possible, either upon delivery or after they become visible, without the customer, who is a consumer within the meaning of the Consumer Protection Act (KSchG), incurring any negative legal consequences 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 immediately 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 proved by the injured party, unless it is a consumer transaction. The compensation of (defect-) consequential damages, as well as other material damages, financial damages and damages of third parties against the customer, unless it is a consumer transaction, is excluded. Our company as operator of the webshop 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 shall also not be liable for consequential damages and for consequential damages caused by defects which may result from the improper use or application of our goods. The customer is 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/ sometimes also from the seller, if the latter is the manufacturer) and is made in accordance with its provisions. The statutory warranty is not limited by the use of the warranty.
In the case of repair orders, the statutory period applies. Wear parts have only the life span corresponding to the respective technology. The warranty is provided in accordance with the statutory provisions. In order to provide a warranty service (in particular improvement), the customer must bring the object of repair to our business premises; if this is not possible, we must be notified in writing. The manufacturer's warranty or guarantees remain unaffected by this.
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 email immediately but no later than within three days of receipt of the goods, stating the exact description of the defect. Hidden defects must be reported within three days of discovery as previously. Timeliness occurs if the report is received within this period by us. Notices of defects do not release from the obligation to pay. 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 improvement and replacement of any defective goods.
No liability for accessories: We are not liable for accessories on an object to be repaired.
- Applicable Law, Place of Performance and Jurisdiction
Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods and 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 shall be 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 of the EuGVVO applies: the applicable court of jurisdiction shall be either the domicile of the consumer or the court having jurisdiction as to the substance of the matter.
Art 16 TEC:
(1) The action of a consumer against the other party to a contract may be brought either in the courts 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 be brought only in the courts of the Member State 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 pending in accordance with the provisions of this Section.
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 of this are protected according to §4 and §§87 ff. Copyright Act. The reproduction, copying and printing of any part of the entire website is only permitted for the purpose of placing an order with our company. Any further processing, duplication, distribution and/or public reproduction exceeds the usual use and constitutes a violation of copyright.
The invalidity, nullity or cancellation of individual provisions shall not affect the validity of the remaining provisions of these General Terms and Conditions. Recourse claims within the meaning of the Product Liability Act are excluded, unless the party entitled to recourse proves that the defect was caused in our sphere and was at least caused by gross negligence. The customer waives the possibility of offsetting. All declarations, notifications, including notifications of defects, must be addressed to us in writing (also by email). The contents of the contract, all other information, customer service, data information and complaint handling are provided in German.
We undertake to participate in the conciliation procedure of the Internet Ombudsman in the event of disputes:
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 under the AStG (AStG Conciliation Procedure) http://www.ombudsmann.at/media/file/67.Richtlinien_Internet_Ombudsmann_AStG-Procedure.pdf
Guidelines for the conciliation procedure at 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 email address: firstname.lastname@example.org
Sample withdrawal form
(If you want to cancel the contract, please fill in this form and send it to us)
AT 6330 Kufstein
Telephone: 0043 5372 66 888
Fax: 0043 5372 66 8888 00
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 (*) _________________
Name(s) of consumer(s) ___________________________________
Address of consumer(s)
Signature of consumer(s)
(only for paper communication) ____________________________
(*) Delete as appropriate.
You can place products in the shopping cart without obligation by clicking the button. You can view the contents of the shopping cart at any time by clicking on the link "Go to shopping cart / Checkout" without obligation. You can remove the products from the shopping cart at any time by clicking on the button or by entering the quantity 0 in the quantity field of the shopping cart item. If you want to buy the products in the shopping cart, 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 payment method and shipping method, you will be taken to the order page where you can check your entries 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 will find further information, e.g. on correction options.
The contract text is stored on our internal systems. You can view the general terms and conditions at any time on this page. The order data will be sent to you by email. You can view your past order data in our customer login area.