(1) For our current and future offerings, deliveries and/or services to our Austrian customers for whom the transaction is part of their operations (i.e., entrepreneurs as defined by § 1 KSchG=Consumer Protection Act), the following terms and conditions apply exclusively, even if we do not confirm individual orders separately. Terms and conditions of the Orderer that differ from our terms and conditions only apply if we expressly confirm them in writing. This confirmation requirement applies in each case, for example, even if we carry out the delivery without reservation to the Orderer in full knowledge of the general terms and conditions of the Orderer. With the issue of the order, at the latest upon receipt of the goods and/or services we delivered, the Orderer expressly acknowledges the exclusive validity of our terms and conditions of sale and delivery. We have the right to withdraw from the contract if the Orderer objects to the validity of our terms of sale and delivery.

(2) All supply agreements, as well as any amendments, supplements, side agreements, declarations on termination and other declarations and notifications must be in text form (this includes fax or e-mail), as long as nothing that deviates from this was agreed on. All our offers are subject to change and are non-binding, as long as we do not expressly designate them as binding offers. A supply agreement is only considered concluded – even with ongoing business relationships – once we confirm the order of the customer in writing or in text format. This can also be replaced by our delivery, whereby shipment of the delivery is decisive to the conclusion of the contract.

(3) If there is a written individual contractual agreement between the Orderer and us (in particular a partner agreement or a central regulation agreement with an association to which the Orderer belongs and the like), the provisions of such a contract are subject to these conditions if there is a contradiction between the respective conditions.

(1) In the case of orders placed in electronic commerce, our obligations from § 9 par. 1 and 2, § 10 par. 1 and 2 and § 12 pg. 1 ECommerce Act are waived. Acknowledgment of receipt that takes place at the same time as the order does not yet result in acceptance of the order.

(2) We reserve the right to make technical improvements and other reasonable changes or deviations from the models shown in our catalogues and brochures. This also applies to all technical specifications.

(3) Our employees, including all performing and vicarious agents, are not authorized to make verbal side agreements or give verbal assurances exceeding the content of the written contract.

(1) The prices stated in the order confirmation apply, plus the respective statutory Value Added Tax. Additional deliveries and services are charged separately.

(2) Unless otherwise agreed, prices are understood to include normal packaging.

(3) Unless expressly agreed upon in writing with the Orderer, our invoices shall be payable by the Orderer no later than 30 days from the invoice date without delay. If payment is made within ten days, we will grant the Orderer a discount of 3%. Discounts granted are subject to fully proper order acceptance and timely payment. In case of returns, we will reverse any discounts already granted to the Orderer. In case of partial deliveries, we have the right to make corresponding partial invoices.

(4) In the event of late payment, default interest of nine percentage points above the respective base rate of the European Central Bank is charged, applicable on the due date of the payment claim. We expressly reserve the right to enforce damages beyond this.

(5) If we become aware of circumstances which call into question the ability to pay of the Orderer, we expressly reserve the right to only provide further deliveries for prepayment or collateral or to suspend them for a period of time until the Orderer makes all outstanding payments. Furthermore, we have the right to withdraw from supply contracts already concluded with the Orderer in whole or in part, provided the Orderer does not make the advance payments or furnish collateral for our claims.

(6) The Orderer has the right to set-offs only if his counterclaims have been legally established or they are undisputed or expressly acknowledged by us in writing. The Orderer can only withhold payments due to defects of parts in our deliveries or services at the amount corresponding to the reduced value of the defective delivery or service. We have the right to avert retention rights – including objecting to a non-fulfilled contract – through security deposits, in particular bank guarantees. Such security deposits are considered provided, at the latest, when their acceptance puts the Orderer into default in acceptance.

(1) Delivery dates or deadlines, which are agreed to be binding or non-binding, require the written form.

(2) We are not responsible for any binding dates or deadlines when it comes to delays in delivery and performance due to a force majeure or on account of events that make delivery more difficult or impossible on more than a temporary basis – including, in particular, strikes, lockouts, official orders, etc., even if they are received by our suppliers or their subcontractors.

(3) If the hindrance lasts longer than two months, the Buyer/Orderer has the right, after the reasonable setting of a period of grace, to withdraw from the contract with respect to the part that has not yet been fulfilled; he does not have the right to compensation claims unless the delay is due to gross negligence on our part.

(4) Compliance with our delivery and performance obligations presupposes the timely and proper fulfillment of the obligations of the Buyer/Orderer.

(5) Delivery dates or delivery deadlines are always considered nonbinding and approximate; apart from the case of explicit written agreements of fixed delivery deadlines, they shall be deemed to have been met at the time point of the timely shipment of the goods or at the time of collection by the Orderer. In any case, the term of a delivery period begins only after all technical and other questions relating to the delivery have been clarified. We have the right at all times to make partial deliveries and early deliveries, in which case packaging and shipping costs will only be charged once. Re-orders as well as all other modifications to a former order desired by the Orderer are considered new orders. In the case of orders blocked for creditworthiness reasons, the confirmed delivery deadlines are invalid. After the suspension has been lifted, we will confirm new delivery dates in writing.

(6) Unless expressly otherwise agreed upon in writing, all of our deliveries are made at the expense and risk of the Orderer. Goods are considered delivered according to contract if they comply with the product descriptions applicable to the end user. This also applies to minor or standard deviations in quality, size, color, weight and the like, as long as these deviations do not significantly impair the intended use of the goods.

(7) If the Orderer does not accept the goods in whole or in part, even though we have offered them to him in accordance with the contract, or if he fails to act in cooperation or the delivery is delayed for other reasons for which the Orderer is responsible, he shall be in default of acceptance. In such cases, we have the right to demand reasonable compensation for any costs we incur, including additional costs (for example, storage costs). These costs amount to one percent of the value of the goods to be stored on the basis of the specific order executed per expired calendar week.

(8) As long as nothing else is agreed on with the Orderer, we expressly reserve the right to use a freight forwarder/parcel shipper of our choice for the shipment of our goods. Although the shipment is then done at our expense, it is still at the risk of the Orderer. At the request and expense of the Orderer, we will take out insurance against the usual transport risks. If it is agreed that the Orderer collects the goods, the risk of accidental loss and accidental deterioration is transferred to the Orderer upon handing over of the goods to the Orderer and, in case of collection by third parties the Orderer commissions, such risk is transferred to them. If the Orderer is in default of acceptance, the risk is transferred to him on the grounds of default of acceptance.

(9) The conditions of item § 10 (6) apply to claims for damages the Orderer enforces due to a delay in delivery.

(1) The place of performance is A-4910 Ried im Innkreis. If, at the request of the Buyer/Orderer, we ship the delivery item to a place other than the place of performance, the risk shall pass to the Orderer as soon as we have delivered the goods to the freight forwarder, the freight carrier or the person or institution otherwise assigned to make the shipment. The Orderer bears the costs of the shipment and, if applicable, any insurance he requests from the place of performance.

(1) The products are delivered free of manufacturing and material defects. Regardless of differing individual contractual provisions, the goods shall be deemed to be in compliance with the contract if they correspond to our product descriptions intended for delivery to the Buyer/Orderer. In particular, public statements, targeting or advertising about the condition of the goods as per contract are inconsequential so that deviations of the goods from such conditions do not constitute a defect. Standard or minor deviations in the quality, color, width, weight, equipping or design of the product from the product description or the contractual agreement do not constitute a defect, unless otherwise agreed in an individual case or due to special circumstances.

(2) The Buyer/Orderer must notify us immediately of any deficiencies and/or quantity deviations, but at the latest within one week of receipt of the delivery item. We must be notified of hidden defects immediately after their discovery.

(3) Apart from this, we shall pay for material defects and defects in title according to the statutory provisions.

(4) Liability for normal wear and tear is excluded.

(5) If our operating or maintenance instructions are not followed or changes are made to the products or parts are replaced or consumables used that do not correspond to the original specifications, claims for defects of the products lapse if the Buyer/Orderer does not object to a corresponding substantiated claim that one of these circumstances caused the defect.

(6) Claims against us for defects only apply to the direct Buyer/Orderer and cannot be assigned.

(7) The period for the enforcement of claims for defects is 24 months from the delivery of the products. If the purchase is a business-related transaction for both parties, the Buyer must inspect the goods immediately after delivery by the Seller, inasmuch as this is feasible in the ordinary course of business, and if a defect appears, he must inform the Seller immediately. For products used in rental, the period is reduced to 12 months from delivery.

(8) The statutory provisions apply to the rights of the Orderer in case of material defects and defects in title (including incorrect and under-deliveries as well as in case of improper assembly or faulty assembly instructions), unless otherwise specified below. If our contractual performance also includes assembly of delivered goods or involves an independent repair contract or other workrelated services, the following conditions also apply to any assembly, repair or other work services.

(9) Goods we deliver must be carefully inspected immediately after they are handed over to the Orderer or to third parties he determines. If, upon delivery, external damage to the packaging of the goods or the goods themselves is visible, the concerned delivery must be checked for completeness and any damaged goods in the presence of the driver; the freight carrier must be informed of the damage in writing on the acknowledgment of receipt and the damaged goods photographed and other evidence obtained to avoid later loss of rights. In case of obvious defects or other defects, which would have been identifiable after immediate careful investigation, these goods shall be considered approved by the Buyer if we do not receive a written notice of defects from the Orderer specifying the defects within seven business days of delivery. With respect to other defects, these shall be considered approved by the Orderer if we do not receive a notice of defects describing the same within seven business days of the date of the defect in question. If, however, the defect was already apparent to the Orderer at an earlier stage, this is then decisive for the start of the period of notice of defects. If the goods we delivered to the Orderer were not manufactured by us, but were supplied by subcontractors, we will initially meet our warranty obligations by assigning all warranty claims against our subcontractor to the Orderer. The Orderer accepts the assignment for the sake of fulfillment. In this case, we can only guarantee the subcontractor subsidiary claims and legal claims.

(10) In case of wrong delivery or over-delivery, the Orderer is obligated to return the corresponding goods to us in their original packaging without delay and without any changes to the original condition. The Orderer shall receive a return receipt from us. If the goods returned to us are damaged or altered from their original condition, or if they are no longer in their original packaging and we cannot sell goods without additional cost, the amount credited to the Orderer will be reduced by thirty percent. We expressly reserve the right to verification and enforcement of higher damages.

(11) If the delivered goods prove to be defective after we inspect them, we have the right to first decide whether we can carry out subsequent performance by repairing the defect (rectification) or by delivering a defect-free product. This does not affect our right to refuse subsequent performance under the legal requirements. If, in case of a replacement delivery, an article is no longer available, another article will replace it which is as close as possible to the product that is no longer available.

(12) The mere indication of performance data or other content or performance descriptions do not constitute a guarantee of quality or production. On our part, we shall not assume any further guarantee or warranty obligations unless they are expressly agreed upon in writing. In any case, the customer limitation period for defects lapses twelve months from the date of receipt of delivery of the specific goods to the Orderer. This shall not affect the statutory rights of the Orderer based on fraudulently concealed or deliberately caused defects.

(13) The conditions of § 6 apply to defects in title.

(1) Prior to distribution of the goods on the Internet, the Buyer/Orderer must provide us with information and documents for the structures, paths, layout and text and image materials found on his website.

(2) The Buyer/Orderer is prohibited from using trademarks, business names or other proprietary rights of our group of companies in identical or similar form, unless this has been expressly permitted beforehand.

(3) The Buyer/Orderer is prohibited from supplying third parties that do not meet the above listed conditions.

(1) Until the fulfillment of all claims against us through the Buyer/Orderer from the respective order, in particular until fulfillment of all payment obligations of the Buyer/Orderer (price, interest, costs, reminder fees, etc.), including all balance claims from current accounts, we shall be granted the following assurances.

(2) The goods remain our property. Processing or transformation is always performed for us as the manufacturer, but without any obligation on our part. If our (co)ownership dissolves as a result of combinations, it is already agreed that the (co)ownership of the Orderer shall be ceded to us on a proportionate basis (invoice value). The Buyer/Orderer grants our (co)ownership free of charge. Goods to which (co)ownership is attributable are referred to in the following as reserved goods.

(3) The Buyer/Orderer has the right to process and sell the reserved goods in the ordinary course of business as long as he is not in default. Pledges or collateral assignments are not permitted. The Buyer/Orderer assigns the claims stemming from resale or any other legal basis (insurance, unlawful acts) with respect to the reserved goods (including all balances due from current accounts) to us now in full by way of security and commits to make a corresponding note of this in his ledgers or on his invoices. We accept the assignment. We revocably authorize him to collect the claims assigned to us in his own name on our behalf. This authorization to collect can only be revoked if the Buyer/Orderer fails to properly comply with his payment obligations.

(4) In the case of access by third parties to the reserved goods, in particular pledges, the Buyer/Orderer shall indicate our property and notify us immediately so that we can enforce our proprietary rights. If the third party is not in a position to reimburse us for related judicial or extrajudicial costs, the Buyer/Orderer is liable for this.

(5) In case of violation of contract by the Orderer – in particular default of payment – we have the right to withdraw from the contract and demand the reserved goods.

(6) We expressly reserve the right to ownership of the delivered goods until the fulfillment of all payments from the specific order. In case of a settlement of the current account, retention of ownership applies to the respective balance.

(7) The Orderer has the right to resell the delivered goods in the ordinary course of business. The resale is not carried out in the normal course of business of the Orderer if he has agreed with his customer on a valid non-assignment clause; an adjustment to a current invoice is however permissible. In the case of a resale, the Orderer now already assigns to us all claims against his customer and/or other third parties in the amount of the respective final invoice total (including Value Added Tax plus incidental costs and any interest) and must make a corresponding note about this in his ledgers or on his invoices. We will accept this assignment. In case of ongoing invoices, the reserved property shall be considered collateral for our account balance claims. The Orderer retains the right and obligation to collect these claims until we revoke them. In particular, in case of deterioration in the assets of the Orderer about which we have become aware, we have the right to collect the assigned claims ourselves. Unless otherwise agreed with us explicitly, in order to secure our rights in case of resale of the reserved goods or other disposals, the Orderer is obliged to disclose the existing ownership conditions on these goods to third parties.

(8) Disposal of reserved goods, which affect our rights, such as pledging, security transfers or assignments, is not permitted. The Orderer must communicate to us any imminent interventions or disposals of third parties, in particular seizures, as quickly as possible in text form so that we can assert our respective rights. In case of a complaint according to § 37 EO, the Orderer must reimburse us for the legal or extrajudicial costs arising in this connection, provided the third party named in the claim is not able to do so.

(9) The Orderer expressly agrees that in the event of an imminent impairment of our security rights, we have the right to collect the reserved goods or otherwise secure them, whereby this security does not constitute infringed property rights. For this purpose, we have the right to enter all the storage and business premises of the Orderer, inasmuch as it is necessary to enforce our rights. The Orderer undertakes to cooperate fully in this respect.

(10) Subject to the retention of ownership, the Orderer must insure our goods against fire, water, theft and other standard risks and cede the resulting claims against the insurer that relate to these goods to us.

(1) Despite differing conditions of the Buyer, we have the right to first credit payments to his older debts if we inform the Buyer/Orderer of the type of offset taking place. If costs and interest have already been incurred, we have the right to credit the payment first to the costs, then to the interest and lastly to the main performance.

(2) In case of a delay in payment or deterioration in the financial situation of the Orderer, in particular in case of non-payment of his checks, filing for bankruptcy, etc., we have the right to make the entire balance owed due, to withdraw from confirmed orders or to demand advance payments or collateral.

(3) Set-off or withholding of payments by the Buyer/Orderer is only permitted with or on account of indisputable or legally established claims. A right of retention only exists on the basis of counterclaims from the same contractual relationship.

(1) Claims for damages are excluded, regardless of the nature of violation of duty, including unauthorized acts, unless intentional or grossly negligent action is at hand.

(2) In case of violation of essential contractual obligations, we are liable for negligence, but only up to the amount of the foreseeable damage. Claims for lost profit, saved expenses, claims for damages from third parties as well as other indirect and consequential damages cannot be demanded unless a characteristic feature we have guaranteed is intended to protect the Buyer/Orderer against such damages.

(3) The limitations and exclusions of liability in paragraphs 1 and 2 shall not apply to claims arising from malicious conduct on our part or to liability for characteristic features we have guaranteed, to claims under the Product Liability Act or to damages from loss of life, bodily injury or loss of health.

(4) Inasmuch as our liability is excluded or limited, this also applies to our salaried employees, workers, representatives and vicarious agents.

(5) We are liable without limitation for damages due to intentional and gross negligence. In the case of simple negligence, we are only liable for damages resulting from loss of life, bodily injury or loss of health, as well as for damages resulting from violation of a material contractual obligation (these are those obligations that make proper execution of the supply contract possible and which the Orderer is regularly allowed to trust and rely on). In such cases, however, our liability is limited to the replacement of the foreseeable, typically occurring damage.

(6) The above limitation of liability does not apply if we have concealed a defect in a malicious manner, for which the Orderer is responsible for the burden of proof or if we have given an express written guarantee on the characteristic features and functions of the specific goods. The same applies to liability arising from applicable mandatory legal provisions, such as the Product Liability Act as well as in the event of a delay in delivery if a fixed delivery date and/or fixed date of performance was agreed on.

(7) Our liability is limited for each individual case of loss to a maximum total liability in the amount of the net annual sales made by the Orderer in the previous year. This limitation of liability does not apply if we are subject to fraud, intentional or gross negligence, claims for loss of life, bodily injury or loss of health or in case of an explicitly assumed guarantee or assumption of procurement risk of a deviating higher liability amount under statutory law.

(8) Any further liability on our part is excluded – without consideration of the legal nature of the asserted claim. This applies in particular to claims for damages resulting from negligence at the time of conclusion of the contract, other breaches of duty or on account of criminal-type claims for compensation from material damage. The exclusions and limitations of liability contained in this § 10 clause apply to the same extent in favor of our administrative bodies, our executive and non-executive staff and other vicarious agents, and our subcontractors.

(1) If the Buyer/Orderer has legal recourse claims against us according to § 933b ABGB, these shall be compensated with a refund of the purchase price of 50% of the sum of the amount the Buyer/Orderer was obligated to and actually paid to his customers as a result of the defect.

(2) If the Buyer/Orderer becomes aware of defects in the goods – in any manner whatsoever –, he must refrain from selling the goods to his customers without sufficient indication of these defects in order to exclude liability. In the event of a violation of this clause, the Buyer/Orderer is obligated to compensate for all damages to us, including possible recourse claims. In such a case, recourse claims of the customer against us do not exist.

(3) In any case, the recourse claims are limited in their total amount to the invoice amount (net) which is lost due to the defective goods. Upon request, the Buyer/Orderer shall cede to us the regulation of this and refer his customers to us for satisfaction of their claims. The Buyer/Orderer must do everything in his power to keep claims of customers and recourse claims as low as possible.

(1) Limited to the period of the existence of the business relationship with the Orderer, we hereby grant him a non-exclusive and revocable usage license to our property rights exclusively for his own marketing purposes within the framework and extent of his function in the distribution of our products. This applies in particular, but not exclusively, to the use of our logos, trademarks, illustrations, photographs, texts and the like, as well as all other rights to which we are entitled in our expressly authorized in advance advertising and sales promotion materials of the Orderer, whether they are in print, POS or Internet-based media (hereinafter “materials”). Any forwarding of the materials to third parties is not permitted, except if this forwarding only serves the purpose of creation of advertising and sales promotional materials, with use of the materials by agencies the Orderer has commissioned.

(2) In order to ensure that the materials used by the Orderer offline and online qualitatively meet the requirements that are appropriate and necessary for the existence of our intellectual and industrial property rights, we reserve the right to make any further future use of these materials dependent on express prior written consent. The use of illustrations of persons and their names, references and the like in connection with our products to which we are bound commercially or in any other way, requires our express prior written consent in every case.

(3) The Orderer must immediately remove obsolete product information from his marketing and advertising materials and replace this with current information.

(4) In the event of a violation of the conditions contained in this § 12, we reserve the right, regardless of other rights granted to us in this case, to temporarily or generally not supply the Orderer in the future.

(5) In each case of termination of the business relationship, regardless of the legal basis, the Orderer must immediately cease using our intellectual property rights as well as materials still in his possession that we provided for sales promotional purposes, offline and online, and to immediately return the materials to us or hand them over to one of our agents.

(6) Individual, further-reaching contractual arrangements with the Orderer, especially in the area of e-commerce activities of the Orderer at the B2C e-level, are subject to these general terms of sale and delivery if such arrangements contradict the terms.

(1) We would like to point out that in the course of our business activities, we store and process personal data in a computerassisted manner, in particular for quick and error-free processing of the orders made, under consideration of the legal requirements. Any use beyond this is subject to the prior express consent of the Orderer.

(2) With an express written request from the Orderer, we will provide him with information free of charge about the personal data he has stored and will also correct, block or delete such data at his request, insofar as we are legally obligated to do so.

(3) For the purpose of checking his creditworthiness and financial standing, the Orderer authorizes us to exchange data with correspondingly specialized external service providers, such as the Kreditschutzverband von 1870 (KSV), the Alpenländische Kreditorenverband (AKV) or the Österreichischen Verband Creditreform (ÖVC).

(4) We have the right to forward personal data to third parties, inasmuch as this is necessary for the execution of a respective order; furthermore, such data may also be used for our own advertising purposes provided it is compatible with the corresponding legal regulations.

(5) The Orderer shall keep strictly confidential all materials and information, which we provide to him, as long as they are not publicly available or are obviously intended for distribution; the Orderer may not reproduce them without our prior express consent or publish them in some other way that makes such materials and information accessible to third parties. The Orderer must return them to us at the end of his business relationship with us according to our option of either immediately returning them to us and/or destroying the same.

(1) Should a provision in these terms and conditions or a provision from some other agreement be or become invalid, this shall not affect the validity of all other provisions or agreements.

(2) The place of fulfillment for all obligations stemming from the business relationship with the Orderer is our headquarters at A4910 Ried Im Innkreis as long as the concrete nature of fulfillment of the obligation does not necessarily conflict with this.

(3) Unless otherwise provided for by law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is A-4910 Ried im Innkreis. For the sake of clarity, this above rule of jurisdiction also applies to such matters between us and the customer that may lead to non-contractual claims as defined by Ordinance (EC) no. 864/2007 of the European Parliament and the Council of July 11, 2007 on the law that applies to non-contractual obligations (Rome II). However, we also have the right to bring an action against the Orderer where the responsible court for his headquarters is located, as well as at any other legally competent court.

(4) The right of the Republic of Austria, under exclusion the conflict of laws and the United Nations Convention on the International Purchase and Sale of Goods (CISG), shall apply exclusively to these terms of sale and delivery and all the legal relations between us and the Orderer if the Orderer has his headquarters outside the Republic of Austria. It is explicitly made clear that this choice of law is also to be understood in terms Art. 14 (1) (b) of Ordinance (EC) no. 864/2007 of the European Parliament and Council of July 11, 2007 on the law (Rome II) applied to non-contractual claims and thus also for non-contractual claims as defined by this ordinance. If, in individual cases, foreign law is to be applied, our general terms and conditions must be interpreted in such a way that the business purpose pursued with these terms and conditions is guaranteed to the greatest possible extent.

(1) All amendments and/or additions to the contractual agreements concluded with the Orderer, including these terms of sale and delivery must be done in writing; this also applies to any changes to this written form requirement.

(2) Unless otherwise stipulated in the above conditions or on the basis of mandatory legal liability on our part, all claims of the Orderer against us lapse within 6 months of the date on which the Orderer was or should have been aware of the relevant facts, regardless of his knowledge and, in any case, within 3 years of the invoice date of the delivery in question, no matter what the nature of these claims.

(3) If provisions in these terms and conditions of sale or delivery are or become invalid or invalid, this shall not affect the remaining provisions. In this case, we will replace any invalid or unenforceable provisions with a legally valid or enforceable provision that most closely corresponds to the business purpose of the legally valid or invalid provision.

(4) We expressly reserve the right to amend and/or supplement these terms and conditions of sale and delivery, as far as we see fit, and will immediately provide the Orderer with the correspondingly modified new version in writing, which then fully replaces the current version. This also applies to any previous versions of these sales conditions. All orders already made and confirmed by us at the time of the delivery of the modified new delivery and sales conditions are executed on the basis of the validity of the previous version of these conditions.

General information on the validity of these General Terms and Conditions: These General Terms and Conditions ("GTC") apply to any use of this website https://www.fischersports.com. In particular, these GTC apply to every order and to all other business relationships between Fischer Sports GmbH (FN 295647 a), Fischerstraße 8, A-4910 Ried im Innkreis, and the customer regarding the products ordered by the customer in the online store https://www.fischersports.com, regardless of their type. The present provisions of the GTC correspond to the current version. In the event of changes to these GTC, the version published on our website at the time of the order shall apply.

"Consumer" is a consumer within the meaning of the Consumer Protection Act (KSchG) and thus a natural or legal person who is not an entrepreneur. "Entrepreneurs" are natural or legal persons or partnerships with legal capacity for whom the contract in question is part of the operation of their business. Companies are any permanent organization of independent economic activity, even if they are not profitoriented. "Customers" are exclusively consumers.

Deviating, conflicting or supplementary terms and conditions shall not become part of the contract, even if we are aware of them, unless we have expressly agreed to their validity in writing. Special conditions for vouchers (voucher codes):

• Our vouchers are free vouchers, i.e. discount vouchers that entitle the holder to a certain percentage or value discount when shopping in our online store.
• The voucher is non-transferable and is only valid for the person whose name is stated in the e-mail containing the voucher code.
• The voucher is only valid for those products in the online range of our online store that are marked with regard to the redeemability of the voucher.
• The voucher can only be redeemed at https://www.fischersports.com.
• The voucher can only be redeemed before completing the purchase process. Subsequent offsetting is not possible.
• To redeem the voucher, simply enter the code in the field that appears in the shopping cart after clicking on the "I have a voucher" checkbox, before clicking on the "GO TO CHECKOUT" button. In this case, the voucher will be deducted from the value of the purchase during the checkout process. If the value of the purchase exceeds the value of the voucher, the difference must be paid using another payment method. There are no fees for redeeming the voucher.
• Only one voucher can be redeemed per purchase. The voucher can only be redeemed once and cannot be combined with other vouchers, other (special) offers or promotions, except in our outlet store available online at https://www.fischersports.com/it_it/outlet-hub.
• The voucher is valid for a certain period, which is stated together with the voucher code. Once the validity period has expired, the voucher is no longer valid and can no longer be redeemed.
• The voucher has no cash value and cannot be exchanged for cash or any other form of payment and does not bear interest.
• The value of the goods must be at least equal to the value of the voucher. Any unused portion of the voucher value will not be refunded or credited.
• We reserve the right to change the conditions of the voucher or to withdraw the voucher. In such a case, the recipient of the voucher will be informed as soon as possible.
• The voucher will not be refunded if the customer returns the goods paid for in full or in part with the voucher within the scope of his statutory right of withdrawal.

All information on this website has been carefully researched , but we cannot completely rule out errors or typographical mistakes. Links and references to external sites are only intended as signposts. We do not identify with the content of external sites that are linked or referred to. We are only liable for linked or referred pages in accordance with § 17 of the E-Commerce Act. If illegal content is detected on a linked/referenced page, we request notification and will delete the link/reference after checking.

We reserve all rights, in particular trademark rights and copyrights, to the entire content of this website, in particular to trademarks, logos, texts, graphics, photographs, videos and layout. Unless use is permitted by law, any use of the content of this website, in particular storage in databases, reproduction, distribution or editing, requires our prior written consent. All product images are symbolic images.

Our offers are subject to change and non-binding. We reserve the right to make technical and other changes within reasonable limits. Orders in the online store can only be placed via the Internet using the interface set up at https://www.fischersports.com and only in the languages available there. Before placing an order, the customer must provide his name, address and e-mail address, which he can use to receive, read, save and print out our e-mails, as well as a password, if necessary, in the space provided for this purpose in the online store.

By placing an order in the online store by clicking on the "Place order" button, the customer submits a contract offer for the goods contained in the shopping cart. We will immediately confirm receipt of the order by e-mail. However, this confirmation of receipt does not constitute acceptance of the offer. The confirmation of receipt only constitutes a declaration of acceptance if we expressly declare this. We are entitled to accept the offer contained in your order within 3 working days (Monday to Friday) of receipt of the order by us, whereby this acceptance can also be made by sending the ordered goods. We are entitled to refuse to accept the order - for example after checking the customer's creditworthiness.

All goods are only sold in normal household quantities.

In the event of non-availability or only partial availability of the ordered goods, we reserve the right to refuse the order and not to fulfill it. In this case, the customer will be informed of the unavailability of the goods by means of a notice legible on the screen when clicking on the goods. Any consideration already received will be refunded immediately.

If the order is placed electronically, the text of the contract will be saved by us and sent to the customer by e-mail after conclusion of the contract, together with the legally effective GTC, the customer information and the withdrawal form.

For technical reasons, the delivered goods may differ from the product images on our website (e.g. color).

We only deliver to the countries listed on our website (see "Delivery" at https://www.fischersports.com/it_it/aiuto-e-supporto/aiuto-e-faq/#lieferung) and selectable when ordering online.

Details on the process and options from ordering in the online store to shipping can be found in the relevant FAQs on our website (see "Questions about your order" at https://www.fischersports.com/nl_nl/help-support/help-faq/)

The goods ordered by the customer shall be shipped by us or by carriers commissioned by us (e.g. post office, parcel or express service)

Shipment is usually made within 3 working days (dispatch) from acceptance of the contract. The customer should generally receive the delivery within Austria, Germany, Switzerland, France, the Netherlands and Belgium within 10 working days from acceptance of the contract (dispatch time). Saturdays do not count as working days. The information on the delivery time is purely informative.

We are entitled to make partial deliveries at any time, provided this is reasonable for the customer. If partial deliveries are made by us, we shall bear the additional shipping costs. The customer will be informed immediately in the event of delays in delivery.

The risk of accidental loss, accidental deterioration and theft of the goods shall pass to the customer upon delivery of the goods to the customer or a third party other than the carrier designated by the customer. However, the risk of accidental loss, accidental deterioration and theft of the goods shall in any case pass to the customer at the latest when the customer is in default of acceptance.

In the event of a delay in delivery, the customer may withdraw from the contract by setting a reasonable grace period of at least 5 working days. Saturdays do not count as working days. If the provision of our services depends on the cooperation of the customer, such services shall only be provided if the customer has fulfilled his duties or obligations.

Only the prices on our website apply. The prices offered on the website are valid until revoked. Prices are subject to change and are quoted in euros and as gross prices including all taxes, in particular the applicable VAT. Any special offers are shown as such in the presentation of the individual goods on our website and/or in our print media. The customer does not incur any additional costs when ordering using our website. We charge our shipping costs in addition to the prices offered for the respective goods.

The customer can pay the price via SOFORT.com, cash in advance or with the credit cards MasterCard or VISA. For more information on the payment options and their procedure, please refer to the relevant overview on our website at https://www.fischersports.com/shipping. Payment is processed via our contractual partner Mollie B. V. The customer is requested to also observe the General Terms and Conditions of Mollie B. V. in the context of payment processing. Any (return) payment claims of the customer will be immediately credited to his account or credit card. We reserve the right to exclude individual payment methods.

The customer will receive a detailed invoice by e-mail.

Unless otherwise agreed, the place of performance for all services arising from this contract shall be our registered office.

We reserve title to the goods until the purchase price has been paid in full. The customer is obliged to treat the goods with care for the duration of the retention of title. If maintenance and care work is required, the customer must carry this out regularly at his own expense. The customer must inform us immediately in writing of all access to the goods by third parties, in particular of enforcement measures, as well as of any damage to or destruction of the goods. The customer must notify us immediately of any change of ownership of the goods and any change of address. The customer shall compensate us for all damages and costs incurred by a breach of these obligations and by necessary intervention measures against access to the goods by third parties. We are entitled to withdraw from the contract and demand the return of the goods if the customer acts in breach of contract, in particular in the event of a breach of the aforementioned obligations. We shall be entitled to demand the immediate return of all goods subject to our retention of title if facts arise which show that the customer has payment difficulties, in particular if judicial insolvency proceedings are applied for against the customer's assets or are rejected due to lack of assets or if default of payment from other legal transactions occurs. If we take back the goods subject to retention of title, this shall not be deemed a withdrawal from the contract, so that all our rights arising from the legal transaction, including the right to claim damages for non-performance, shall remain unaffected.

Customary and technically unavoidable deviations (e.g. in quality, color, length, equipment and design) of the delivered goods compared to the product illustrations or descriptions on our website and/or our catalogs do not constitute a defect.

In principle, the customer has the choice between improvement or replacement. We are entitled to refuse the chosen remedy if it is impossible or involves a disproportionately high expense for us compared to the other remedy.

If an improvement is not possible or feasible, the customer may, at his discretion, demand a price reduction or, if it is not only a minor defect, rescission of the contract.

The warranty period two years from delivery of the goods.

We do not give our customers any assurances or guarantees in the legal sense. Any third-party guarantees remain unaffected by this. Any guarantee must be claimed from the guarantor (the manufacturer / sometimes also the seller, if the latter is the manufacturer) and is subject to its terms and conditions. The statutory warranty is not restricted by the use of the guarantee.

In principle, only the manufacturer's product description shall be deemed agreed as the quality of the goods. Public statements, promotions or advertising by the manufacturer do not constitute a contractual quality of the goods.

If you have a complaint, please contact the sports retailer from whom you purchased the product. They will process the complaint with us.

If you purchased your product from the Fischer online store (www.fischersports.com), please contact us here. FISCHER customer service is available from Monday to Friday from 09:00 - 17:00. Please note that we only process complaints relating to goods purchased directly from us!

For products with the BOA® Fit System, our partner BOA Technology GmbH also offers the “BOA Lifetime Guarantee”. A guarantee that covers twist locks and ropes for the lifetime of the product in which they are integrated. In the event of a complaint, this gives you the following options:

• Contact the dealer from whom you purchased the product. In consultation with Fischer, the dealer will offer you the most suitable and fastest possible solution.

Outside the scope of application of the Product Liability Act, our liability is limited to intent and gross negligence.

Our liability for slight negligence is excluded. We shall also not be liable for consequential damages, financial losses, unrealized savings, loss of interest and damages arising from third-party claims against the customer.

The above limitations of liability shall not apply in the event of physical injury or damage to health attributable to us or in the event of loss of life of the customer. The same applies if the damage results from risks that are neither typical for the legal relationship nor foreseeable according to the particular circumstances of the individual case. Furthermore, the above limitations of liability shall not apply to damage to any items handed over to us for processing.

In cases of force majeure and other events beyond our control, such as operational, traffic, transportation, data transfer and energy supply disruptions, strikes, lockouts, we are entitled to extend the delivery period appropriately without being in default.

12.1 Right of withdrawal of the consumer
Consumers have the right to withdraw from sales contracts.
The withdrawal period is fourteen calendar days:

• in the case of contracts for the sale of goods, from the day on which the consumer acquires possession of the goods, or
• in the case of a multi-part order or a partial delivery, the consumer has taken possession of the last goods or the last item.

• The written withdrawal must be sent to the following address:
  Fischer Sports GmbH
  Fischerstrasse 8
  4910 Ried im Innkreis
  Austria
• via contact form
• by fax to: +43 (0) 77 52 / 83500
• by telephone to: +43 (0) 77 52 / 909 - 0
• Revocation form

With our privacy policy at https://www.fischersports.com/data-protection/, we inform our customers about this website, including this online store, in accordance with our information obligations under Art. 13 and 14 GDPR and about the use of cookies.

We may use third parties to provide our services or to safeguard rights or obligations arising from this contract.

The place of jurisdiction for all disputes arising directly or indirectly from the contract shall be the Austrian court with local and subject-matter jurisdiction for our registered office; however, this shall only apply to consumers if the consumer has his place of residence, habitual abode or place of employment in this jurisdiction or if the consumer lives abroad. For contracts with consumers from a member state of the EU outside Austria, the consumer has the choice between the court of his place of residence and the Austrian court with local and subject-matter jurisdiction for our registered office.

This contract shall be governed exclusively by Austrian law; however, this shall only apply to consumers to the extent that the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The conflict of laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG) are hereby excluded.

Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid or unenforceable in whole or in part, the remainder of the contract shall remain unaffected. The wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. You can find our email address in point 18 below. We are neither obliged nor willing to participate in the dispute resolution procedure.

is the owner of this website and contractual partner for online orders:

Fischer Sports GmbH
Fischerstrasse 8
4910 Ried im Innkreis
Austria

Phone: +43 (0) 77 52 / 909-0
Fax: +43 (0) 77 52 / 83500
Website: www.fischersports.com
Web form

Company register number: FN 295647 a

Commercial Register Court: Regional Commercial Court Ried im Innkreis

Object of the company:

1. the production of skis, sportswear, footwear, in particular ski boots and sports articles of all kinds; 
2. the production of machinery for the manufacture of sporting goods;
3. Development and sale of manufacturing and process technologies;
4. the provision of services of all kinds in connection with the purpose of the company, including IT and similar processes;
5. the acquisition of industrial property rights of all kinds and the acquisition and granting of licenses, patents;
6. trade in goods of all kinds.