Terms and conditions

of Golf Tech Golfartikelvertriebs GmbH (FN 31852t)
Online shop at https://zoomgolf.net/

1 General

These general terms and conditions (hereinafter: GTC) of Golf Tech Golfartikelvertriebs GmbH (hereinafter also "GT") apply to orders for goods placed by the customer via GT's online shop on the website https://zoomgolf.net/. The customer's own general terms and conditions of business and delivery are expressly excluded.

We want to offer you only complete, correct and current information on our web pages. However, errors and mistakes cannot be ruled out. All information is therefore given without guarantee. All rights, misprints, errors and changes reserved.

2 Conclusion of the contract

2.1 The customer's order constitutes an offer to GT to conclude a contract. GT confirms receipt of the customer's order without delay. This confirmation does not constitute acceptance of the contract by GT, but merely an acknowledgement of receipt for the customer's information. The contract is only concluded when GT accepts the order or actually carries out the delivery. GT is expressly not obliged to accept incoming orders (contract offers). If GT rejects an incoming contract offer, it informs the customer of this in writing (e.g. by e-⁠mail) without giving reasons.

2.2 Within a reasonable period after the conclusion of the contract, but at the latest on delivery of the goods, GT provides the customer with a confirmation of the concluded contract, including all pre-contractual information pursuant to § 4 FAGG, on a durable medium (paper, e-⁠mail).

2.3 The contract is concluded in German and English.

3 Scope of services and product information

The online shop offers golf equipment and accessories of the ZOOM brand. The current total range of goods that can be purchased in the online shop, the main characteristics of the goods and the total price including all shipping and ancillary costs can be seen in the online shop on the website https://zoomgolf.net/.

4 Prices

4.1 All prices are gross prices in euro, including all duties, taxes and packaging costs. Where shipping costs are payable in addition (see point 4.2), they are shown separately before the purchase contract is concluded.

4.2 Shipping & return shipping

For orders to Austria and Germany, shipping is free if the order value is €49 or more. If the order value is less than this, shipping costs of €4.90 are charged.

For EU Class A (Belgium, Bulgaria, Croatia, Czech Republic, Denmark, France, Hungary, Italy, Luxembourg, Netherlands, Poland, Romania, Slovakia, Slovenia and Vatican City), shipping is free if the order value is €199 or more. For a lower order value the shipping costs are €14.90.

For EU Class B (Andorra, Estonia, Finland, Ireland, Latvia, Lithuania, Spain and Sweden), shipping is free from an order value of €299. For a lower order value the shipping costs are €24.90.

For EU Class C (Greece), shipping costs are €49, regardless of the order value.

Please note that organising and carrying out the return shipment in the event of a return or exchange is the customer's responsibility. The goods must be packed securely and appropriately to avoid damage in transit. We recommend choosing a shipping service with tracking to ensure a smooth process. No liability is accepted for loss or damage during return shipping.

The costs of return shipping in the event of a return or exchange are borne by the customer. This includes all charges incurred for packaging and shipping. It is the customer's responsibility to find out the exact costs and conditions of the chosen shipping service before sending.

4.3 Prices are valid until revoked.

5 Packaging

Goods are packed at GT's expense in the manner customary in the trade, so as to prevent damage during transport to the agreed destination under normal transport conditions. Packaging is not taken back.

6 Delivery and shipping

6.1 The goods are delivered to the customer after GT has received payment.

6.2 The place of performance for the delivery of goods is the respective shipping point.

6.3 Goods are shipped only to customers resident or established in Europe. Unfortunately, delivery to European islands is not possible.

6.4 Goods that can be sent as parcels are delivered by the parcel service GLS.

6.5 Delivery is generally made within the period stated to the customer online, but in any case within 30 days of the conclusion of the contract. The customer may only withdraw from the contract on grounds of delay after these 30 days have expired.

6.6 If an ordered product is permanently unavailable, GT reserves the right to withdraw from the contract.

6.7 GT reserves the right to make partial deliveries, provided this is reasonable for the customer and necessary for swift processing.

7 Terms of payment

7.1 Payment can be made by credit card, PayPal and the other payment methods shown at checkout (e.g. Apple Pay, Google Pay). In every case the customer must ensure sufficient cover for the chosen means of payment.

7.2 The purchase price is due immediately when the order is placed.

7.3 The customer agrees to receive the invoice electronically.

7.4 In the event of late payment, the customer is obliged — without prejudice to GT claiming further damages for delay — to pay bank charges, statutory default interest and collection and recovery costs, insofar as these costs are necessary for the appropriate collection or recovery of the claim.

7.5 The customer is not entitled to set off claims against claims of GT. This prohibition of set-off does not apply to consumers as defined in § 1 para. 1 no. 2 KSchG in the event of GT's insolvency, or to counterclaims that are legally connected with the customer's liability and have been established by a court or acknowledged by GT.

7.6 Any transfer and bank charges and any roaming charges are borne by the customer.

8 Obligations of the customer

8.1 The customer is obliged to check the delivered goods immediately for obvious transport damage and to report such damage to the deliverer on acceptance.

8.2 A customer who provides contact details and other data in connection with the order confirms that these data are correct, complete and up to date. The customer is obliged to notify GT of any errors in the payment information and to correct them immediately.

9 Right of withdrawal for consumer transactions

9.1 If the customer is a consumer as defined in § 1 para. 1 no. 2 of the Austrian Consumer Protection Act (KSchG), the customer has the right to withdraw from the contract within thirty days without giving any reason.

9.2 The withdrawal period is thirty days from the day on which the customer, or a third party named by the customer who is not the carrier, has taken possession of the goods. For purchase contracts in which goods are delivered in several partial consignments or pieces, the thirty-day withdrawal period begins on the day on which the customer, or a third party named by the customer who is not the carrier, has taken possession of the last partial consignment or the last piece.

9.3 To exercise the right of withdrawal, the customer must inform GT (Golf Tech Golfartikelvertriebs GmbH, Carlbergergasse 66, A-1230 Vienna, e-⁠mail: office@golftech.at) of the decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-⁠mail). The customer may use the model withdrawal form (Appendix A) for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for the customer to send the notice of withdrawal before the withdrawal period expires.

9.4 Excluded from this right of withdrawal are goods that are made to the customer's specifications or clearly tailored to the customer's personal needs (§ 18 para. 1 no. 3 FAGG).

9.5 Consequences of withdrawal:

If the customer withdraws from this contract, GT shall repay all payments received from the customer, including delivery costs (except for the additional costs resulting from the customer choosing a type of delivery other than the cheapest standard delivery offered by GT), without undue delay and at the latest within fourteen days from the day on which GT received the notice of withdrawal. GT will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer. In no case will the customer be charged any fees for this repayment. GT may withhold repayment until it has received the goods back or until the customer has provided proof of having sent the goods back, whichever is earlier.

The customer shall send back or hand over the goods to Golf Tech Golfartikelvertriebs GmbH, Carlbergergasse 66, A-1230 Vienna, without undue delay and in any event no later than fourteen days from the day on which the customer informs GT of the withdrawal. The deadline is met if the customer sends the goods before the period of fourteen days has expired.

The customer is only liable for any loss in value of the goods if this loss in value results from handling the goods in a way that is not necessary for checking their nature, characteristics and functioning.

10 Transfer of risk

10.1 The risk passes to the customer when the goods are handed over to the carrier.

10.2 If the customer is a consumer as defined in § 1 para. 1 no. 2 KSchG, the risk generally only passes when the goods are handed over to the customer, unless the customer concluded the contract of carriage personally without using an option proposed by GT. In that case the risk passes as soon as the goods are handed over to the first carrier.

11 Retention of title

The goods delivered to the customer remain the sole property of GT until the customer has paid in full the amount due under the purchase contract.

12 Statutory warranty and liability

12.1 The delivered product may deviate slightly from the illustrations and specifications in shape, colour and size. This does not mean that the product does not have the contractually agreed properties. The customer therefore has no claim to warranty or damages in this respect.

12.2 The customer must observe the information on properties and use contained in the product descriptions and operating instructions. GT is not liable for damage resulting from failure to observe this information.

12.3 The statutory warranty provisions apply.

12.4 GT is liable for damages for damage to property caused by GT or by persons attributable to it by law only in cases of intent and gross negligence. In the case of personal injury, GT is also liable for slight negligence.

12.5 Any further liability of GT for loss of profit, damage caused by delay, financial loss, consequential damage and damage arising from third-party claims against the customer is excluded, unless mandatory statutory provisions provide otherwise.

12.6 Unless mandatory statutory provisions provide otherwise, GT is liable only up to the amount payable for the order.

12.7 If production or delivery is delayed by circumstances beyond the parties' control, such as force majeure, unforeseeable operational disruptions, official measures or labour disputes, this shall be taken into account when assessing whether delivery was made on time.

12.8 The provisions of the Product Liability Act remain unaffected.

13 Guarantee

GT offers a 2-year limited guarantee on ZOOM products, retroactive to the date of purchase, which applies to damage and defects based on material, production or quality faults. The guarantee is limited to use of the product for its intended purpose, use under normal conditions and responsible handling. Excluded from this guarantee are wear from normal use and damage caused by improper handling of the goods.

Proof of purchase must be presented with every claim in order to claim under the guarantee. This guarantee neither restricts nor replaces the customer's statutory warranty rights (point 12).

14 Customer support

If you have any questions, customer support is available at office@golftech.at or by phone on +43 1 867 43 33.

15 Out-of-court complaint and redress procedures

GT is neither obliged nor willing to take part in an alternative dispute resolution procedure before a consumer arbitration body.

16 Applicable law and place of jurisdiction

16.1 Orders and contracts based on these GTC are governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the rules of conflict of laws.

16.2 For actions against consumers who are domiciled or habitually resident in Austria or employed in Austria, the court of the consumer's domicile, habitual residence or place of employment has jurisdiction.

16.3 For all disputes between businesses arising from or in connection with a contract concluded on the basis of these GTC, the court with subject-matter jurisdiction for 1010 Vienna is agreed as the exclusive place of jurisdiction.

17 Final provision

Should individual clauses of these GTC be wholly or partly invalid, this does not affect the validity of the remaining clauses or the remaining parts of the GTC. An invalid provision is deemed replaced by a valid provision that comes closest to the economic purpose of the invalid one.

Appendix A: Model withdrawal form

for consumer transactions via the online shop

If you want to withdraw from the contract, please fill in this form and send it back to Golf Tech Golfartikelvertriebs GmbH:

• To Golf Tech Golfartikelvertriebs GmbH, Carlbergergasse 66, A-1230 Vienna, e-⁠mail: office@golftech.at
• I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)
• Ordered on (*) / received on (*)
• Name of the consumer(s)
• Address of the consumer(s)
• Signature of the consumer(s) (only if this form is sent on paper)
• Date

(*) Delete as appropriate