General terms and conditions of business
1. APPLICABILITY
1.1. These General Terms and Conditions regulate the sale of products from K670 GmbH, (hereinafter referred to as " Phantom Athletics ") to you. Please read these Terms carefully before placing an order with Phantom Athletics . By placing an order with Phantom Athletics you agree to these Terms and Conditions.
1.2. Phantom Athletics provides its services solely in accordance with the following terms and conditions. They also apply to all future business relationships, even if no express reference is made to them. The customer expressly declares that they have recognized these general terms and conditions as legally binding, so that they are an integral part of the contract.
1.3. Subsidiary agreements, reservations, changes or additions to these General Terms and Conditions must be in writing to be effective. This also applies to the waiver of this condition.
1.4. General terms and conditions of the customer will not be accepted, unless something else is expressly agreed in writing in individual cases.
2. OUR AGREEMENT
2.1. Your order constitutes an offer to Phantom Athletics to purchase the product or products in your order. When you place an order to purchase a Phantom Athletics product, we will send you an email acknowledging receipt of your order and providing details of your order. This email is confirmation that we have received your order and does not confirm acceptance of your offer to purchase the product(s) ordered. You are bound to your offer for 2 days.
2.2. We can accept your offer and enter into the contract of sale for a product you have ordered if we ship the product to you or send you an email confirmation expressly accepting your offer within 2 days of receipt of your order.
2.3. This does not apply if you have chosen the payment methods PayPal, "Sofortüberweisung de" or bank transfer. In these cases, the contract is concluded when the payment order is forwarded to your payment service provider.
2.4. Your contract is with K670 GmbH, which represents Phantom Athletics .
2.5. The contract language is German.
2.6. The contract is stored by us and is available to you when you log in to our homepage with your log-in data.
3. order on the website
3.1. You need an email address to place an order.
3.2. Placing an order on the website is easy:
I) Find the products you want
II) Put the products in the shopping cart
III) Proceed to checkout
IV) Select delivery and payment options
V) Check your order
VI) Submit order
VII) Receive an online order confirmation
3.3. Before you finally submit your order, you have the opportunity to adjust/correct your order.
You will receive useful information during the ordering process.
4. Prices, payment methods and due date
4.1. All prices are in euros and include the legally applicable value added tax.
4.2. The shipping costs are not included in the displayed prices and depend on the country to which your order will be delivered. For details on the shipping costs per country, see "Shipping Information" on our homepage.
4.3. When you order Phantom Athletics products for delivery outside of the EU, you may be subject to import duties and taxes, which are levied once the package reaches the stated destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. If you do not pay these fees and Phantom Athletics is charged, we will pass these fees on to you.
4.4. Despite our best efforts, products in our catalog may be incorrectly priced. We will check the prices when processing your order and. In the event of incorrect pricing, we will contact you prior to shipment and ask you whether you wish to purchase the product at the correct price or cancel your order. Any payments made will be refunded in the event of cancellation.
4.5. We accept all payment methods that you can find on our homepage under "Payment Information".
4.6. If no other method of payment has been agreed, full payment by the customer is due upon conclusion of the contract. If you have chosen to pay by bank transfer, the shipment will only take place once your payment has been credited to our bank account.
4.7. Payment by Klarna invoice and Klarna partial payment:
Payment by invoice and financing:
In collaboration with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer invoice and installment payment options. Please note that invoice and partial payment are only available for consumers and that payment must be made to Klarna.
Purchase on invoice:
If you buy with an invoice, you will receive your goods and always have a payment period of 14 days. Full terms and conditions can be found here.
partial payment:
With Klarna's financing service, you can pay for your purchase in inflexible monthly installments of at least 1/24 of the total amount (minimum $9.90) or on the terms specified in the checkout. You can find more information about installment payments including the conditions and the European standard consumer credit here.
5. availability and delivery
5.1. We try to only list available products on our website. While we are processing your order, if any product you have ordered is unavailable, we will email you as soon as possible and we will not charge you for those products.
5.2. In the unlikely event that the products you have ordered are not available and we already have a valid contract in place, Phantom Athletics reserves the right to withdraw from the contract within 2 days. If we are unable to supply you with a product, we will inform you in writing and not process the order. Advance payments will be refunded immediately.
5.3. Please note that the delivery times given on the website are only approximate. They are not guaranteed delivery times and should not be relied upon as such.
5.4. Shipping to Austria and Germany normally takes 1-2 working days. The delivery time to other countries varies (usually around 2-5 working days within the EU).
5.5. Shipping costs depend on the country your order is being shipped to. For further details (e.g. shipping costs per country) see "Shipping information" on our homepage.
6. RESERVATION OF TITLE
6.1. All our products are delivered subject to retention of title. Until the satisfaction of all claims against the customer, the delivered products remain the property of Phantom Athletics .
6.2. In the event of default in payment, Phantom Athletics is entitled to assert our claim from the retention of title.
7. Warranty and right of withdrawal (statutory rights)
7.1. The legal warranty right applies. The statutory warranty period is 2 years and begins on the day on which you or a third party specified by you who is not the carrier acquires physical possession of the goods.
7.2. Further information on your right of withdrawal can be found under the link "Right of withdrawal" on our homepage
8. CHANGES TO THE TERMS OF SALE
We reserve the right to make changes to our website, policies and terms and conditions at any time. You will be subject to the terms and conditions, policies and terms of sale in force at the time you order Products from us, unless a change to those terms and conditions or policies is required by law or a governmental authority (in which case it may apply to orders previously placed by you).
9. Governing Law and Jurisdiction
9.1. These Terms are governed by and construed in accordance with Austrian law.
9.2. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
9.3. We both agree to submit to the non-exclusive jurisdiction of the courts located in Salzburg, Austria, which means that you may bring an action to enforce your consumer protection rights in connection with these Terms of Sale in Austria or in the EU country in which you reside live, can submit.
10. PRIVACY NOTICE
10.1. All data collected by us is used and processed exclusively within the framework of the applicable data protection laws and in accordance with our "Privacy Policy".
10.2. For more information, please visit the "Privacy Policy" page on our home page.
11. OUR CONTACT DETAILS
Phantom Athletics
Sternhofweg 54
5020 Salzburg
Austria
Email: info@phantom-athletics.com
Phone: +43 (0) 1 325 22 58
February 1st , 2020