This website is offered by:

Daniken Sporthandel KG
Marzena Staszek
Neubaugürtel 29, 1150 Wien, Österreich

Email address of the provider: office@daniken.at

Key facts at a glance

• Only European consumers are entitled to the right of withdrawal.

• It should be noted that individual provisions of these GTC could only be relevant for certain categories of users, for example only consumers or only users who are not acting as consumers. Such limitations of the scope of application will be expressly referred to in each affected clause. If there is no such notice, the clause applies to all users.

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TERMS OF USE

Unless otherwise stated, accessing this website is subject to the terms and conditions set out in this section.

Individual or additional terms of use or access may apply in certain circumstances and, in such cases, are expressly identified in this document.

By using the Service, Users agree to comply with the following conditions:

• Users can be consumers or business customers;

account creation

In order to use the service, users can register or create a user account by providing all the necessary data or information completely and truthfully.
The service can also be used without registering or creating a user account. However, this may result in limited availability of certain features.

The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest possible security requirements for this website.

When registering, users agree to be responsible for all actions taken in connection with their username and password.
Users are obliged to inform the provider immediately and unequivocally using the contact details given in this document if they believe that their personal information, including user accounts, login credentials, or personally identifiable information, has been breached, unlawfully disclosed, or misappropriated.

Termination of User Account

User accounts can be deleted at any time as follows:

• By contacting the provider directly using the contact details provided in this document.

Blocking and deletion of the user account

Provider reserves the right, in its sole discretion, at any time and without notice, to suspend or delete any User Account that it deems inappropriate, offensive or in violation of these T&Cs.

Due to the blocking or deletion of user accounts, the user has no claims for damages, exemption or reimbursement.

The blocking or deletion of accounts for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.

Content available through this website

Unless otherwise stated or clearly stated, all content available through this website is owned and provided by Provider or its licensors.

The provider makes every effort to ensure that the content provided via this website violates applicable legislation or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are asked to address their complaint preferably to the contact details provided in this document. The right to enforce any claims (out of) court remains unaffected.

Rights to the content available through this website

All rights to the content are reserved by the provider.

Users may only use the content to the extent that this is necessary for the proper use of the service or - also implicitly - intended.

In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, change, redesign, publish, transfer to or to third parties, sell or license the content , as well as to enable third parties - even without the knowledge of the user - to carry out the specified actions via their own device.

Insofar as expressly stated on this website, the user may download, reproduce and/or distribute selected content available via this website for personal and non-commercial purposes only, provided that the copyright notices and any other notices requested by the provider are correctly attached.

Legal restrictions or exceptions remain unaffected.

Access to External Resources

Users may be able to access external resources provided by third parties through this website. Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability.
The conditions under which such resources provided by third parties are available and under which rights to use such Any content that may be granted results from the contractual provisions of each third party or, alternatively, from the applicable statutory provisions.

Permitted Use

This website and the service may only be used as intended and in accordance with these GTC and in accordance with the applicable statutory provisions.

Users are responsible for ensuring that their access to this website and/or their use of the service does not violate any statutory provisions, ordinances or the rights of third parties.

Therefore, the provider reserves the right to take all appropriate measures to protect its legitimate interests, such as: B. Denying users access to this website or the service, terminating contracts, reporting objectionable actions taking place through this website or the service to the competent authorities - such as judicial or administrative authorities - if users can be proven or suspected:

• violate statutory provisions, ordinances or these General Terms and Conditions; Or
• violate the rights of third parties; or
• significantly affect the legitimate interests of the provider; or
• offend the provider or a third party.

TERMS OF SALE

Paid Products

Some of the products available through this website as part of the service are chargeable.

Prices, terms and other conditions applicable to the purchase of such products are described below. Otherwise, reference is made to this website and to the sections provided for this purpose.

Product description

Prices, descriptions and availability of products are available in the relevant sections of this website and are subject to change without notice.

Although products are presented on this website with the greatest possible technical care, representations of any kind (including graphic representation forms, images, colors, sounds) are for reference only and do not represent any guarantee as to the properties of the product purchased.

The characteristics of the selected product will be explained during the purchase process.

purchase process

All steps from selecting a product to placing an order are part of the purchase process.

The purchase process includes the following steps:

• The user selects the desired product from the range and checks their own product selection.
• After checking the details of the product selection, the user can place the order by sending it to the provider.

placing the order

When the user places an order, the following applies:

• The contract is concluded when the order is placed. Placing an order therefore obliges the user to pay the price, taxes and any other fees and expenses as indicated on the order page.
• If the purchased product requires the active input of information, such as personal information or data, specifications or special requests, the placing of the order creates an obligation on the part of the user to cooperate accordingly.
• After placing the order, users receive a confirmation of receipt.

All notifications related to the purchase process described will be sent to the email address provided by the user for this purpose

prices

Users will be informed of all fees, taxes and charges (including any shipping costs) they will be responsible for during the purchase process and prior to placing an order.

The prices are displayed via this website as follows:

• either exclusive or inclusive of all applicable fees, taxes and costs, depending on which section the user is currently in.

payment methods

Information on accepted payment methods will be provided during the purchase process.

Some payment methods may only be available subject to additional terms or fees. In these cases, you will find the relevant information in the relevant section of the Service (this website).

All payments are processed through third party providers. Therefore, this website does not collect any payment information - such as credit card details - but only receives a notification when the payment has been successfully completed.

If the payment via the available methods fails or is rejected by the payment service provider, the provider is not obliged to fulfill the order. Any costs or fees resulting from the failed or refused payment shall be borne by the user.

Authorization for future PayPal payments

When users authorize the PayPal feature that enables future purchases, this website stores an identification code associated with the user's PayPal account. This authorizes this website to automatically process payments for future purchases or recurring installments of past purchases.

This authorization can be revoked at any time, either by contacting the provider or by changing the user settings at PayPal.

retention of title

The ordered products only become the property of the user upon receipt of payment of the entire purchase price by the provider.

delivery

Deliveries are made to the address indicated by the user and in the manner indicated in the order summary.

Upon delivery, the User must check the contents of the delivery and immediately report any discrepancies using the contact details provided in this document or as described in the delivery note. Users can refuse to accept the package if it is visibly damaged.

This website describes in the relevant section the countries or areas to which the goods will be delivered.

This website also describes the relevant delivery times, or alternatively these can be specified during the purchase process.

"Click and collect"

Users can collect their purchase at any of the "Collection Points" that this Website lists in the relevant section of the Service within the specified time period.

Unsuccessful delivery

The Provider shall not be liable for delivery errors due to inaccuracies or incompleteness in the execution of the order by the User, nor for damage or delays after handing over to the carrier if the latter has been commissioned by the User.

If the goods are not received at the specified time or collected within the specified period, the goods will be returned to the provider. In this case, the provider will contact the user to arrange a second delivery attempt or to discuss how to proceed.

Unless otherwise agreed, the user shall bear the costs for each additional delivery attempt from the second delivery attempt onwards.

user rights

right of withdrawal

Unless there are exceptions, the user can revoke the contract within the period specified below (usually 14 days) without giving reasons. In this section, users can learn more about the cancellation policy.

To whom the right of withdrawal applies

According to EU law, European consumers have a statutory right of cancellation for contracts that are concluded online (distance contracts). You can withdraw from the contract for any reason and without justification within the period applicable to your case. This right of withdrawal applies unless exceptions are listed below.

The rights set out in this section do not apply to users who are not acting as European consumers.

Exercise of the right of withdrawal

In order to exercise his right of withdrawal, the user must send the provider an unequivocal statement stating his decision to withdraw.

For this purpose, users can use the model withdrawal form found in the "Definitions" section of this document. However, users are free to express their decision to withdraw by means of an unequivocal statement in any other appropriate way. In order to meet the deadline to exercise this right, the user must submit the declaration of withdrawal before the expiry of the withdrawal period.

When does the cancellation period expire?

• When purchasing goods, the withdrawal period ends 14 days after the day on which the user or a third party designated by him, who is not the carrier, comes into possession of the goods.

• When purchasing several goods in one order, which are then delivered separately, the cancellation period ends 14 days after the day on which the user or a third party named by him, who is not the carrier, entered the possession of the last delivered goods, the last batch or the last part.

Effects of Revocation

Users who properly revoke a contract will be reimbursed for all payments made to the provider, including delivery costs where applicable.

However, the provider is not obliged to reimburse additional costs if the user has chosen a different type of delivery than the cheapest standard delivery offered by the provider.

The refund will be made immediately, but no later than 14 days after the day on which the provider is informed of the user's decision to withdraw from the contract. The provider makes the repayment using the same means of payment that the user used for the original transaction, unless something else was expressly agreed with the user. In any case, the user will not incur any costs or fees as a result of the refund.

...when buying goods

The user must return or hand over the goods to the provider or a person authorized by the latter to accept the goods without undue delay and in any case no later than 14 days from the day on which he informed the provider of his decision to withdraw from the contract, unless the supplier has offered to collect the goods himself.

The deadline is met if the user hands over the goods to the carrier before the expiry of the 14-day period or otherwise returns the goods as stated above. The provider can refuse the repayment until he has received the goods back or until the user has provided proof that he has sent back the goods, whichever is the earlier point in time.

The user is only liable for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.

The cost of returning the goods is borne by the user.

Exceptions to the right of withdrawal

The right of withdrawal does not exist if

• Goods are delivered that are made to customer specifications or are clearly tailored to personal needs;

Statutory warranty law

Under EU law, traders are liable for the conformity of the goods they sell for a period of at least two years from delivery. Entrepreneurs must therefore ensure that the purchased goods have the promised or reasonably expected quality, functionality or properties for at least two years after delivery to the buyer.

For users acting as European consumers, goods available through this website are covered by the statutory warranty rights in accordance with the laws of their country of habitual residence.

The national laws of these countries may grant users more extensive rights.

Liability and Indemnification

EU users

Damage payment

To the fullest extent permitted by applicable law, User, Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees shall indemnify and hold harmless from any and all claims or demands by any third party - including but not limited to Attorneys' fees and costs - arising out of or in connection with any criminal use of or connection to the Service, breach of these Terms of Use, violation of any third party rights or statutory provisions by the User or its affiliates, officers , directors, agents, co-branders, partners and employees.

Limitation of Liability

Unless expressly stated otherwise and without prejudice to the applicable statutory product liability provisions, users have no right to compensation for damages against the provider (or any natural or legal person acting on his behalf).

This does not apply to damage to life, health or physical integrity, as well as damage due to the breach of an essential contractual obligation, such as an obligation that is absolutely necessary to achieve the purpose of the contract and/or damage due to intent or gross negligence, provided that this website is accessed properly and correctly by the user has been used.

If the damage was not caused intentionally or through gross negligence or does not affect life, health or physical integrity, the provider is only liable for the typical and foreseeable damage at the time the contract was concluded.

In particular, the provider is not liable within the aforementioned limits for:

• any loss of business opportunity and any other loss, even indirect, that the user may incur (such as loss of trade, loss of sales, loss of income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

• Damage or loss resulting from interruptions or malfunctions of the service (this website) when these interruptions or malfunctions are due to force majeure or unforeseen and unforeseeable events and are independent of the will and beyond the control of the provider, such as but not limited to to, failures or interruptions in telephone or power lines, the Internet and/or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the supply of third party products, services or applications;

• any losses, other than as a direct result of the Provider's breach of the T&Cs;

Common Provisions

No Waiver

Provider's failure to assert any right under these Terms or to enforce any provision of these Terms will not constitute a waiver of such right or provision. No waiver will be deemed a further or continuing waiver.

Service Interruption

In order to ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates or other changes. He will inform the users appropriately.

Within the framework of the legal provisions, the provider can also decide to suspend or terminate the service altogether. In the event of termination of the service, the provider will cooperate with users to enable them to delete personal data or information in accordance with the applicable law.

In addition, there may be times when the Service is unavailable for reasons beyond the Provider's control, such as "force majeure" (e.g. industrial action, infrastructure failures or power outages, etc.).

resale

Users may not reproduce, duplicate, copy, sell, resell, or exploit this Website and the Service in any manner without the express prior written permission of Provider, either granted directly or through a legitimate reseller program.

Data protection

To learn more about the use of their personal data, users can consult the privacy policy of the service (this website).

Intellectual Property Rights

Without prejudice to more specific provisions of these Terms and Conditions, all intellectual property rights, such as copyright, trademark rights, patent rights and design rights related to the Service (this website) are the exclusive property of the Provider or its licensors and are protected by the applicable law or international treaties relating to intellectual property Property.

All trademarks, name or design marks - and any other trademarks, trade names, service marks, word marks, illustrations, images or logos - appearing in connection with the Service (this Website) are and will remain the exclusive property of Provider or its licensors and are subject to it the protection of applicable law or international treaties relating to intellectual property.

Changes to these Terms and Conditions

The provider reserves the right to change or otherwise modify these GTC at any time. In this case, the provider will adequately inform the user about these changes.

Such changes only affect the relationship with the user for the future.

By continuing to use the service, the user accepts the amended terms and conditions. If users do not want to be bound by the changes, they must stop using the service. If the revised terms are not accepted, either party may terminate the contract.

The respectively valid previous version of the General Terms and Conditions applies to the relationship before the user accepts the changes. The user can obtain any previous version of the GTC from the provider.

If required by the applicable law, the provider will indicate the date from which the amended GTC will apply.

Assignment of Rights and Obligations

The provider reserves the right, taking into account the legitimate interests of the user, to transfer, assign, replace with novation or pass on all rights and obligations under these GTC.
The provisions on changes to the General Terms and Conditions apply accordingly.

Users may not assign or transfer their rights or obligations under the Terms and Conditions in any way without the written consent of the Provider.

contacts

All communications related to the use of the Service (this website) must be sent to the contact details provided in this document.

Severability Clause

Should any provision of these GTC be or become invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US users

Any such invalid or unenforceable provision will be interpreted and modified to the extent that it is effective, enforceable and consistent with its original purpose. These T&Cs constitute the entire agreement between Users and Provider relating to the subject matter and supersede all further communications between the parties relating to the same subject matter, including any prior agreements.
These T&Cs will be enforced to the fullest extent permitted by law.

EU users

If any provision of these GTC is or is deemed to be invalid, or is or is deemed to be invalid, the parties will use their best endeavors to reach an amicable agreement on valid and enforceable provisions and thus the invalid, invalid or not enforceable parts.
Otherwise, the invalid, void or unenforceable provisions will be replaced by the applicable statutory provisions, insofar as this is permitted or provided for under the applicable law.

Notwithstanding the foregoing, the nullity, invalidity or unenforceability of any provision of these GTC shall not nullify the Agreement as a whole, unless such provisions are essential to the Agreement or provisions of such importance that the parties would not have entered into the Agreement if they would have known of the invalidity of the provision. If the remaining conditions would lead to an unreasonable hardship for one of the parties, the nullity of the individual provision will result in the nullity of the entire agreement.

Authoritative version of these GTC

These terms and conditions are created and revised in the following language: German. Other language versions of these GTC are provided for informational purposes only. In the event of discrepancies between different language versions, the original version is always authoritative.

Applicable Law

These GTC are subject to the law of the place where the provider has its registered office, with the exception of conflict of laws provisions. The indication of the registered office can be found in the relevant section of this document.

Exception for European consumers

Irrespective of this, for users who act as European consumers and have their habitual residence in a country where the law provides for a higher standard of consumer protection, that higher standard applies.

place of jurisdiction

The courts of the place where the provider has its registered office - as it results from the information in this document - have exclusive jurisdiction for all disputes arising from or in connection with these GTC.

Exception for European consumers

This does not apply to users who act as European consumers, nor to users who act as consumers and have their place of residence in Switzerland, Norway or Iceland.