Terms
General Terms of Business for the Online Store of www.gecko.co.at
Status: August 2016
§ 1 General information; Scope of application
(1.1) These General Terms of Business regulate the contract relationship between MP-Sports GmbH (the ‘Seller’) and the individuals or legal entities who use the internet services or the online store www.gecko.co.at (the ‘Buyer’ or ‘you’). Regulations that differ from these do not apply unless they have been agreed in writing between the parties or are expressly mentioned in these GTB.
§ 2 Contract formation
(2.1) Contract formation for orders placed in our online store, www.gecko.co.at
(2.1.1) Each of our offers in the online store (www.gecko.co.at) is an ‘offer to treat’: a nonbinding invitation for the Buyer to order goods from us.
(2.1.2) By ordering the desired item in the online store, the Buyer is making a binding offer to enter into a purchase agreement.
(2.1.3) The Seller may accept that offer by sending an order confirmation within two days. The order confirmation will be e-mailed.
§ 3 Payment; Due date; Default in payment
(3.1) The goods will be paid for with a bank transfer or PayPal. We may accept or rule out certain forms of payment on a case-by-case basis.
(3.2) If paying by bank transfer, the Buyer shall pay the purchase price within 7 days after the contract has been entered into.
(3.3) If the Buyer defaults on payment, they are liable for any negligence during that period. The Seller may then withdraw from the contract.
§ 4 Delivery
(4.1) After the payment has been received, the delivery will be made by sending the purchased item to the address specified by the Buyer.
(4.2) The Buyer shall bear the costs for shipping the purchased item, which are set forth under the item ‘Shipping information’. If the Buyer prefers a special type of shipment that will incur additional costs, the Buyer shall bear them as well.
§ 5 Reservation of title
(5.1) The purchased item will remain the Seller’s property until full payment is made. Except with the express consent of MP-Sports GmbH, the Buyer shall not pledge, transfer by way of security, process, or transform the purchased item until it has been paid for in full.
§ 6 Prices
(6.1) The prices given for the items are final prices, including statutory VAT but not delivery or shipping costs.
(6.2) Each time the online store www.gecko.co.at is updated, all previous prices and other details about the items for sale become invalid.
(6.3) Invoicing is based on the price that is valid when the Buyer’s offer is given.
§ 7 Withdrawal
(7.1) The ordering customer may return the purchased item within 14 days of receiving it, without restriction. By returning the purchased item, the buyer is withdrawing from the purchase agreement.
(7.2) Return policy: You may return the purchased item by sending it back within 14 days after receiving it, without being required to give reasons. That time limit begins to run at the earliest when the purchased item is received and this policy information is provided. The deadline will be deemed met if the purchased item or the return request is sent on time. Send the returned item or the return request to:
MP Sports - Handels-und Produktions GmbH
Managing Director Puelacher Michael
Löfflerweg 22B
6060 Hall in Tirol
Austria
Fax: +43 (0) 5223 43512
E-mail: 2LYlPEMvMlR5veF5
(7.3) If the item is returned effectively, each party must return any services it has received. If the purchased item has worsened, compensation for lost value can be demanded. You shall bear the costs for the return shipment if the item delivered matches the one you ordered and the item to be returned costs 50 euros or less. Otherwise, you may return the item free of charge. If the returned item was bought with PayPal, a PayPal fee of 4% will be deducted from the refund.
§ 8 Transport damage
(8.1) Complaints about goods with obvious damage to the packaging or the content that are delivered to the Buyer must be lodged with the transport company. The Buyer should refuse to accept those goods. The Buyer should also contact us by email, over the phone, or by post immediately.
§ 9 Limitation of liability
(9.1) Under the current state of technology, we cannot guarantee that data communication over the internet will be free from errors or available at all times. Therefore, we cannot guarantee that our online store www.gecko.co.at will be available at all times.
§ 10 Data privacy statement
(10.1) Scope of application
This data privacy statement informs the user about the type, extent, and purposes of the collection and processing of personal data by the provider (also called the ‘controller’) [MP-Sports GmbH – Löfflerweg 22B 3 – 6060 Hall in Tirol – Austria – info@www.gecko.co.at ] on this website (the ‘Service’).
(10.2) Access data; Server logfiles
The controller collects data about each access of the Service (‘server logfiles’). The access data include: name of the accessed website, file, date and time of the retrieval, transferred data volume, report on the successful retrieval, browser type and version, user’s operating system, referrer URL (the previous site visited), IP address, and the referring provider.
The controller uses the log data only for statistical evaluations to operate and optimize the Service and make it secure. The controller may check the log data subsequently, however, if unlawful use is reasonably suspected based on specific indications.
(10.2a) Cookies
Cookies are small files that allow specific data regarding the user’s access device to be stored on that device (PC, smartphone, etc.). They make websites more user-friendly, thereby benefitting the users. They are also used to collect statistical data about website use and analyze it to improve the Service. Users can influence the use of cookies. Most browsers have an option to restrict or completely prevent the storage of cookies. Please note, however, that usage and user-friendliness will be restricted without cookies.
(10.3) Handling personal data
‘Personal data’ means data that can be used to determine a person’s identity, meaning details that can be traced back to a particular individual. They include the person’s name, address, e-mail address, and phone number.
The controller will collect, use, and forward personal data only if this is allowed by law or the user consents to the data collection.
All the personal data that are needed to execute the order are stored in machine-readable form and treated confidentially. The data needed to process an order, such as names and addresses, are passed on to the companies commissioned to deliver the purchased item as part of the performance of that delivery.
(10.4) Establishing contact
When you contact the provider (by using the contact form, revocation form, or e-mail, for example), your data will be stored to process the enquiry and in case subsequent enquiries arise:
(10.7) Registration function
The data entered during registration will be used for the purpose of using the Service. The user can be emailed information about the Service or registration, such as changes made to the scope of the Service or technical circumstances. The data collected can be seen in the input mask during registration.
(10.8) Google Analytics
This Service uses Google Analytics, a web analysis service of Google Inc. (‘Google’). Google Analytics uses cookies, text files that are stored on your computer and used to analyze your use of the website. The information generated by cookies about the use of this website is usually transmitted to a Google server in the USA and stored there.
If IP anonymisation is activated on this website, however, Google will truncate your IP address beforehand within member states of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the US and shortened there. IP anonymization is active on this website. On behalf of this website’s operator, Google will use this information to analyze your use of the website, to compile reports about website activities, and to render further services associated with website use and internet use for the website operator.
The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can keep cookies from being stored by adjusting your browser settings, but you might not be able to use all of this website’s functions if you do. You can also prevent Google from recording the data generated by the cookie about your use of the website (including your IP address) and from processing this data by downloading and installing the browser plugin which is available via the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
(10.9) Using Facebook Social Plugins
This Service uses social plugins (‘plugins’) of the social network facebook.com, operated by Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland. Plugins are recognizable from their Facebook logo (white ‘F’ on a blue tile or the terms ‘Like’ or ‘Thumbs-up’) or by the addition ‘Facebook Social Plugin’. You can see the list and appearance of the Facebook Social Plugins here: https://developers.facebook.com/docs/plugins/.
If you use a website of this Service that contains such a plugin, your browser will connect directly with Facebook servers. Facebook will then transmit the plugin’s content directly to your browser, which then integrates it into the website. This means the provider cannot influence the scope of the data that Facebook collects with the help of this plugin, so the provider will give you information to the best of its knowledge:
The integration of the plugin informs Facebook that you have accessed the respective page of the Service. If you are logged into Facebook, Facebook can assign the visit to your Facebook account. When you interact with the plugins (such as the ‘Like’ button) or leave a comment, the appropriate information will be transmitted by your browser directly to Facebook and stored there. If you are not a member of Facebook, Facebook can still learn and store your IP address. According to Facebook, only anonymised IP addresses are stored in Germany.
The purpose and scope of the data collection, the further processing and use of the data by Facebook, as well as your rights in this respect and setting options for protecting your privacy, can be found in Facebook’s Privacy Policy: https://www.google.com/intl/en/policies/privacy/.
If you have a Facebook account and do not want Facebook to collect data about you through this Service and connect it with data from your Facebook account, you must log out of Facebook before visiting the website. For more settings and options to object to the use of data for advertising purposes, go to the Facebook profile settings: https://www.facebook.com/settings?tab=ads.
(10.10) +1 button from Google+
This Service uses the +1 button of the social network Google Plus, which is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States (‘Google’). The button is recognisable from the sign +1 on a white or colored background.
If you use a website of this Service that contains such a button, your browser will connect directly with Google servers. Google transmits the content of the +1 button directly to your browser, which then integrates it into the website. This means the provider cannot influence the scope of the data that Google collects with the button. According to Google, no personal data is collected unless the button is clicked. Such data, including the IP address, will be collected and processed only if you are logged into your Facebook account.
For more on the purpose and scope of the data collection, the further processing and use of the data by Google, your rights in this respect, and setting options for protecting your privacy, see Google’s privacy policy for the +1 button: http://www.google.com/intl/de/+/policy/+1button.html and the FAQ: http://www.google.com/intl/de/+1/button/.
(10.11) Twitter
This Service uses buttons provided by Twitter (Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107, USA). They can be recognized by terms like ‘Twitter’ or ‘Follow’ in connection with a stylized blue bird. The buttons can be used to share a post or page of this Service on Twitter or follow the provider on Twitter.
If you access a page on our website that contains such a button, your browser will connect directly to the Twitter servers. Twitter will transmit the content of the Twitter button directly to your browser. This means the provider cannot influence the scope of the data that Twitter collects with the help of this plugin, so the provider will give you information to the best of its knowledge. As far as we know, only your IP address will be transmitted along with the website URL when you click the button, but only to display the button.
You can find more information on this in Twitter’s privacy policy: http://twitter.com/privacy.
(10.12) Google AdSense
This Service uses Google AdSense, a service for integrating ads from Google Inc. (‘Google’). Google AdSense uses cookies: text files that are stored on your computer so we can analyze how you use our website. Google AdSense also uses web beacons (invisible graphics). These web beacons let us evaluate information, such as visitor traffic on the pages of this Service.
The information that cookies and web beacons generate about how you use this website (including your IP address) and the delivery of advertising formats are transmitted to a Google server in the USA and stored there. Google can forward that information to their contracting counterparties. But Google will not merge your IP address with any other data they are storing.
You can prevent cookies from being installed by changing your browser settings, but you might not be able to use all of this Service’s functions if you do. By using this website, you are agreeing that the data collected about you can be processed by Google as described above and for the aforementioned purpose.
(10.13) Withdrawal; Amendments; Rectification; Updates
You may obtain information from us on request, free of charge, about the personal data we are storing concerning you. You may also demand that we rectify incorrect data concerning you; or that we block or erase your personal data (unless we are obligated by law to retain them).
§ 11 Forum
(12.1) This agreement is governed by Austrian law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The place of performance and the forum for all services is Hall in Tirol.