Terms & Conditions
1. Scope of Application
1.1 These General Terms and Conditions (GTC) apply, in the version valid at the time of the order, to all contracts concluded via the online shop of Andreas Kolb (https://andikolb.com/en/shop/).
1.2 Contractual partner is:
Andreas Kolb
Herzmoargasse 308 a
8967 Haus
Austria
E-Mail: andi@andikolb.com
Phone: +43 664 5370217
VAT-Nr.: ATU74398948
1.3 Any deviating, conflicting, or supplementary terms and conditions of the customer shall not become part of the contract unless Andreas Kolb expressly agrees to their validity in writing.
2. Subject of the Contract
Andreas Kolb operates the online shop as part of his professional sporting activities and personal brand marketing. The subject of the contract is the sale of products, in particular merchandising items (e.g., clothing, accessories).
3. Contract Language
The contract may be concluded in German or English.
4. Conclusion of Contract
4.1 The presentation of products in the online shop does not constitute a legally binding offer but an invitation for the customer to submit an offer.
4.2 The customer submits a binding offer by completing the order process and confirming the order by clicking the “Buy Now” or “Order” button.
4.3 After submitting the order, the customer receives an automatic confirmation of receipt via email. This does not constitute acceptance of the offer.
4.4 The purchase contract is only concluded upon dispatch of the goods.
4.5 Andreas Kolb reserves the right not to accept orders in cases of product unavailability, technical errors, or impossibility of performance. Any payments already made will be refunded without delay.
5. Prices and Shipping Costs
5.1 All prices are final prices in Euro and include statutory value-added tax (if applicable).
5.2 Shipping and service costs are shown separately during the ordering process.
5.3 No additional shipping costs will be charged for partial deliveries.
5.4 The shipping and service costs to be borne by the customer are those stated during the ordering process before the order is completed.
6. Shipping, Customs and Import Duties
6.1 Shipping is carried out from Austria.
6.2 Within the European Union, no additional customs duties or import charges apply.
6.3 For deliveries to countries outside the EU, customs duties, import VAT, and handling fees may be charged. These costs are to be borne by the customer.
7. Payment Terms
7.1 The purchase price is due immediately upon conclusion of the contract.
7.2 The following payment methods are available:
- Credit Card
- PayPal
- Apple Pay
7.3 Payment will be charged immediately upon completion of the order.
8. Delivery Times and Delays
8.1 Delivery times are non-binding estimates unless expressly agreed otherwise.
8.2 The delivery period begins no earlier than upon full receipt of payment.
8.3 Delays due to force majeure, transport issues, or other unforeseen events may extend delivery times.
8.4 The customer will be informed of any significant delivery delays.
9. Retention of Title
The goods remain the property of Andreas Kolb until full payment has been received.
10. Warranty and Liability
10.1 The statutory warranty provisions pursuant to §§ 922 et seq. of the Austrian Civil Code (ABGB) apply.
10.2 Customers are requested to report any obvious defects or transport damage immediately upon receipt of the goods by email to andi@andikolb.com. Statutory warranty rights remain unaffected.
10.3 Andreas Kolb shall only be liable for intent and gross negligence. To the extent permitted by law, liability is limited to foreseeable damages and to the value of the respective order.
10.4 Liability under the Product Liability Act remains unaffected.
11. Force Majeure
Andreas Kolb shall not be liable for delays or failure to perform contractual obligations due to force majeure.
Force majeure includes, in particular: natural disasters, pandemics, governmental measures, strikes, supply chain disruptions, or transport failures.
In such cases, Andreas Kolb is entitled to withdraw from the contract in whole or in part. Payments already made will be refunded.
12. Data Protection
Personal data is processed exclusively in accordance with the GDPR and the Austrian Data Protection Act (DSG).
Further details on data processing can be found in the privacy policy:
https://andikolb.com/en/shop/
13. Right of Withdrawal (Consumers)
Consumers have the right to withdraw from the contract within 14 days without stating any reasons.
Detailed information on the right of withdrawal, as well as a sample withdrawal form, is available separately on the website and will be provided to the customer to the extent required by law.
14. Returns
14.1 In the event of a statutory withdrawal, the customer shall bear the direct costs of returning the goods, provided that the customer was properly informed of this before placing the order.
14.2 Returns sent carriage forward will not be accepted. Customers are requested to sufficiently prepay postage for returns and to retain proof of shipment.
14.3 The customer must handle the goods with due care and may inspect them only to the extent necessary to determine their nature, characteristics, and functionality. The customer shall be liable for any loss in value resulting from handling beyond what is necessary for such inspection.
14.4 Where possible, returns should be made in the original packaging. However, this is not a prerequisite for exercising the statutory right of withdrawal.
15. Online Dispute Resolution
The European Commission provides a platform for online dispute resolution:
https://ec.europa.eu/consumers/odr
Andreas Kolb is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
16. Final Provisions
16.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
16.2 The place of jurisdiction shall be the competent court in Austria, to the extent permitted by law.
16.3 Should any provision of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.