Terms of Service
These general terms and conditions (“GTC”) apply to sales contracts for goods that are concluded between Charge and Go Solutions OG and the respective buyer (hereinafter “customer”) either as a consumer or an entrepreneur in connection with the order of the goods shown in the online shop and in the version valid at the time of the order. Any general terms and conditions of the customer do not apply.
- The customer is obliged to fill in the fields (or details) provided in the order form completely and truthfully.
- By clicking on the “Buy Now” button, the customer submits a binding offer to purchase the goods in the shopping cart and the general terms and conditions are accepted. The automatic order confirmations sent thereupon document that we have received the order, but do not yet constitute acceptance of the order on our part. A contract is only concluded with the express declaration of acceptance by Charge and Go Solutions OG. The product descriptions contained in the online shop of Charge and Go Solutions OG are not binding offers, but serve to submit a binding offer by the customer.
- The customer can submit the offer via the online order form integrated in the online shop of Charge and Go Solutions or by email to Charge and Go Solutions. Charge and Go Solutions can accept the customer’s offer within five days,
- by Charge and Go Solutions sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the access of the goods to the customer is decisive, or
- by asking the customer to pay after placing his order.
If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day after the offer has been sent. If Charge and Go Solutions does not accept the customer’s offer within the aforementioned period, this is considered to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
- When submitting an offer via the online order form, the text of the contract is saved by Charge and Go Solutions and sent to the customer together with the General Terms and Conditions in the currently valid version after submitting his order. In addition, the text of the contract is archived on the Charge and Go Solutions website and can be called up free of charge by the customer via his password-protected customer account, providing the appropriate login data, provided the customer has created a customer account in the Charge and Go Solutions online shop before sending his order ,
- Only the German language is available for the conclusion of the contract.
- Order processing and contacting usually take place via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by Charge and Go Solutions can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by Charge and Go Solutions or by third parties commissioned to process the order can be delivered.
3. Place of fulfillment
The place of fulfillment is the customer’s registered adress.
4. Product availability
If the goods ordered by the customer are not available at short notice at the time of the order, we will inform you of this along with the expected delivery date. If shipment is not possible within 30 days, Charge and Go Solutions will inform the customer by email of the expected delivery date and ask the customer to comment on whether he would like to adhere to his offer under this condition. If the shipment to the customer is not made for any reason within the period of 30 days and the customer does not modify his offer, the customer is no longer bound to his offer and Charge and Go Solutions will immediately reimburse payments already made to the customer, where possible, Charge and Go Solutions will use the same means of payment that the customer used to process the payment. If the goods are permanently not available, no contract is concluded; the customer will also inform about this.
5. Delivery and transfer of risk
- Unless otherwise agreed, delivery is made to the address given in the order, whereby the customer must bear the shipping costs for the goods or for the payment of the goods or the shipping costs shown on the invoice.
- The risk of loss or damage to the goods passes to the customer as soon as it is delivered to him or to a third party determined by him. If the customer is an entrepreneur, the goods are delivered at his risk.
- If the transport company sends the goods back to Charge and Go Solutions because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless Charge and Go Solutions had announced the service a reasonable time in advance.
- In the case of self-collection, Charge and Go Solutions first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods from Charge and Go Solutions’ headquarters after consultation with Charge and Go Solutions. In this case, no shipping costs will be charged.
- All prices are in euros. Unless otherwise stated in the product description of Charge and Go Solutions, the prices quoted are total prices that include VAT. Any additional delivery and shipping costs incurred are specified separately in the respective product description.
- For deliveries to countries outside the European Union, additional costs may arise in individual cases, which Charge and Go Solutions is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
- The payment methods displayed at the end of the ordering process are available to the customer, e.g. Payment by credit card, PayPal, instant transfer. Charge and Go Solutions reserves the right to restrict the choice of payment methods in individual cases.
- The entered data will not be saved by us, but possibly by the respective payment provider.
- In the event of a delay in payment, Charge and Go Solutions is entitled, subject to the assertion of higher (specifically to be proven) damage caused by delay, interest amounting to 8% p.a. to invoice. In addition, the customer undertakes to reimburse third party reminder, collection and research costs (especially from lawyers) insofar as these costs were used for the appropriate legal prosecution.
- Any reimbursement of payments made by the customer will be made to the means of payment used in the order.
7. Retention of title
- The delivered goods remain the property of Charge and Go Solutions until full payment has been made.
- The customer must immediately inform Charge and Go Solutions about access by third parties to the goods delivered under retention of title and send Charge and Go Solutions the documents justifying the access and a copy of the attachment protocol.
8. Right of withdrawal / revocation
- If the customer is a consumer, he can revoke the contract. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity
- The customer can withdraw from a contract or a contract declaration within 14 days without giving a reason. The withdrawal period for goods orders is 14 days from the day on which the customer or a third party named by him, who is not the carrier, takes possession of the goods. If the attempted delivery by the carrier to the customer fails and the goods are deposited at a point intended for collection, the period begins to run from the day on which the customer has the opportunity to have the deposited shipment rectified for the first time. In order to exercise the right of withdrawal, the customer must inform Charge and Go Solutions by means of a clear statement about his decision to cancel the contract. The customer can use the “Cancellation Form” from Charge and Go Solutions, but is not obliged to do so. To meet the deadline, it is sufficient if the customer sends the message about the exercise of the right of cancellation before the cancellation period expires. The notice of cancellation should be sent to: Charge and Go Solutions OG, Wastlergasse 10, 8010 Graz, Austria Email: email@example.com
- There is no right of withdrawal,
- if the customer is not a consumer within the meaning of the Austrian Consumer Protection Act (KSchG); the contract concluded can therefore be wholly or partly attributed to the professional or commercial activity of the customer;
- for contracts for goods that are made to customer specifications or that are clearly tailored to the customer’s personal needs; (e.g. MyEsel bicycles)
- If the customer cancels the contract, Charge and Go Solutions will refund payments received from him, with the exception of the shipping costs, immediately after the returned goods have been deposited (in the case of an order). For repayment, Charge and Go Solutions will, if possible, use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer. The customer must return the goods immediately after information about the revocation to: Charge and Go Solutions OG, Wastlergasse 10, 8010 Graz, Austria.
- If the goods are damaged or damaged by signs of use, the customer must make an appropriate replacement for the impairment. Reimbursement of value is only to be made if the loss in value can be attributed to handling the goods that exceed the extent absolutely necessary for checking the nature, properties and functionality of the goods. The same applies if accessories are missing on return.
9. Warranty, guarantee and liability
- For the assertion of warranty claims, the customer can send the goods concerned to the following address: Charge and Go Solutions OG, Wastlergasse 10, 8010 Graz, Austria
- Acceptance does not involve acceptance of warranty claims, but requires a separate check, the result of which the customer will be informed by the respective service partner within a reasonable period.
- Consumers are subject to the statutory warranty provisions, which provide for a warranty period of 2 years for moveable items. We provide a guarantee to entrepreneurs for 12 months from the delivery of the goods.
- The guarantee expires in any case in the event of interventions, repairs or attempts to repair the buyer or unauthorized third parties.
- The assignment of warranty claims is excluded.
- The customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform Charge and Go Solutions. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
- The guarantee is a voluntary commitment by the manufacturer that something works for a certain period of time. The guarantee is usually tied to certain conditions and can be limited, e.g. to be granted on certain parts. Whether and under what conditions the manufacturer provides a manufacturer’s guarantee for the goods purchased from the customer can be found in the package insert for the goods. If the customer wants to make use of the manufacturer’s guarantee for goods purchased from Charge and Go Solutions, Charge and Go Solutions takes over communication with the manufacturer and transport to the specialist workshop.
- Charge and Go Solutions is only liable for intent and gross negligence, except in the event of injury to life, limb or health of a person. Liability for financial loss due to slight negligence is excluded.
10. Data protection
Charge and Go Solutions will only collect, process and save customer data arising from the order in connection with the processing of the order and use it for internal market research and marketing purposes. It will only be passed on to partner companies for order processing. There will be no utilization or disclosure beyond the scope hereby clarified.
11. Final provision
- Austrian law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident. If the customer is an entrepreneur and acts in this capacity, the exclusive place of jurisdiction is the competent court at the headquarters of Charge and Go Solutions.
- These general terms and conditions remain binding in their remaining parts even if individual points are legally invalid.
- The customer is entitled to offset if his claim has been recognized by Charge and Go Solutions, is undisputed or legally binding or is related to the customer’s liability.
As of August 2018