GENERAL TERMS AND CONDITIONS (GTC) FOR THE ONLINE SHOP SportOkay.com
1. VALIDITY
The following General Terms and Conditions (GTC) apply to all orders placed with Sport Okay GmbH by you as a consumer or entrepreneur from 25.07.2025 onwards, regardless of the means of communication used for your order. A consumer is any natural person who concludes a legal transaction with an objective which can be mainly attributed neither to his commercial activities nor his work as a self-employed person. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is conducting their commercial or self-employed professional activity. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.
We will inform you separately at the end of your order process in our online shop or, in the case of orders by email, at the end of the email correspondence that these General Terms and Conditions apply to your order. In some cases, something else may be agreed, e.g., in a separate sales conversation or in other separate correspondence. The contract wording is no longer available on the Internet due to reasons of security.
2. CONTRACT OF SALE
The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalogue as an invitation to the customer to submit their purchase offer.
You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding purchase offer using the correction aids provided and explained in the order process. When you click on the “Buy now” order button, you submit a binding purchase offer for the products contained in the shopping cart. The order receipt is confirmed immediately after the order is submitted and does not yet constitute acceptance of the contract.
All the offers received outside from our online catalogue are noncommittal. We reserve the right to change shipping and prices. If not otherwise specified, every offer received outside from our online catalogue has a validity of 7 business days from the sending out of this offer (e.g. by e-mail).
For deliveries within Germany: We will accept the order by sending an shipment confirmation via e-mail within five working days.
For deliveries to all other countries: We will accept the order by sending an shipment confirmation via e-mail.
If, exceptionally, the product you have selected should not be deliverable, we will send you an e-mail immediately. Consequently, you can cancel it without any costs on your part, of course.
The goods remain our property until paid in full.
Please note: When ordering a ski mounting service, the individual setting of the bindings – which is required to ensure safety – is not included in the scope of our service.
Bikes are not delivered ready to be used. Examination by the customer is required before the first use. The delivered equipment of the bike does not conform to the road traffic regulations.
We save the text of the sales contract and send it to you by mail. The contract wording is no longer available on the Internet due to reasons of security.
The languages available for the contract conclusion are German, English, French, Italian, Spanish, Slovak, Dutch and Slovene.
3. SUBJECT OF THE CONTRACT
3.1 Product description
We'd like to point out that the product information (e.g. product name, description, images, manufacturer colour, size designation) is a key part of the contract.
3.2 Product images
Without affecting your legal warranty rights, we would like to highlight the following special features. If you have any questions, please contact us. Due to individual screen configurations (e.g., resolution and brightness), there may be slight deviations between the colours of the products shown and the actual colours.
The provision of assembly services requires a written agreement. This is done in the shopping cart during the ordering process. By clicking on the “Buy now” order button, the details of the assembly service become binding.
We will provide the service at our discretion, either in person or through qualified personnel selected by us. We expressly reserve the right to have the service performed by third parties (subcontractors) acting on our behalf. You are only entitled to choose a specific person to perform the service if and to the extent that this is expressly stated in the applicable service description. If and to the extent that third parties are used to perform the service, we remain fully responsible for fulfilling the contractual obligations. Before involving third parties, we will check their reliability, suitability in terms of professional training, experience, and/or ability to perform the contractual services and oblige them to do so.
4. SHIPPING & DELIVERY
We reserve the right to deliver every order not until all previous orders have been paid.
The customer's order will be shipped as a complete delivery. We are entitled, though, to perform partial deliveries.
The delivery starting point is located directly at our company, SportOkay.com. As soon as the goods are handed over to the customer, the risk on the delivery of these goods passes to the respective customer.
Usually, we do not deliver on Saturdays, Sundays, holidays, Christmas and New Year's Eve. Due to that, delivery time may be extended.
Please note: The delivery date depends on various factors – such as: the kind of product, the kind of delivery chosen or the availability of the product(s). In the case that your chosen products are non-stock items, the goods yet need to be delivered to us by a supplier. This can extend the period of the delivery. The overall delivery time depends on the product with the longest delivery time.
SportOkay.com does not assume the responsibility for delays of delivery and service, if they are due to forces majeures. If events of forces majeures should happen, SportOkay.com has the right to delay a delivery for the period the disruption is lasting and the customer will be informed of this delay immediately by SportOkay.com. Consequently, the customer has the right to withdraw – entirely or in part – from the part of the contract that is not yet fulfilled, or to insist on the proper fulfilment of the respective parts of the contract. Before doing this, however, the customer must entitle an appropriate deadline for Sportokay.com to provide the agreed-upon delivery. Events of forces majeures include strike, war, natural disasters, blockade, embargos on imports/exports and other national interventions, independently on whether they occur to SportOkay.com, to suppliers of SportOkay.com, to a carrier or to the customer.
There is no minimum order value. For every order, the respective shipping costs need to be paid.
In the case of additional deliveries, shipping costs are for free.
5. DELIVERIES BY FREIGHT FORWARDER
If required, deliveries are made by a freight forwarder.
Arrangement of delivery dates: For deliveries or collections by a freight forwarder, the freight forwarder commissioned by us will contact you to arrange a delivery date. For this purpose, we will pass on to the freight forwarder the telephone number you provided in the order.
Place of delivery: The goods are delivered to the kerbside of the agreed delivery address. Unless otherwise expressly agreed, delivery does not include delivery to specific rooms or commissioning of the ordered goods.
Recipient’s responsibility: The customer is responsible for the further transport of the goods.
6. PRICES
The prices listed in the offer at the time of the order apply. All prices quoted include the applicable statutory sales tax. Prices are subject to change, but such changes shall not affect purchase contracts that have already been concluded.
The price is payable in advance upon submission of the order, unless a later date is specified in the following terms of payment.
7. PAYMENT METHODS
The customer can choose from the payment methods specified in the order process. Payment can be made via ApplePay, credit card (MasterCard, VISA), EPS (only for billing addresses in Austria) or PayPal. If we agree on an order by email, payment can also be made by advance bank transfer (prepayment). We reserve the right to exclude individual payment methods for certain orders or for certain countries or delivery options.
Credit cards: The credit card account will be charged upon completion of the order.
PayPal & Apple Pay: The debit will be made immediately upon completion of the order.
EPS: Payment must be made immediately after placing the order.
Any fees or costs for the selected payment method will be displayed to the customer before the order is completed. Payment processing is carried out by an external payment service provider. The terms of use of the respective providers also apply. In the event of late payment, we reserve the right to charge interest on arrears and reminder fees in accordance with the statutory provisions.
Refunds will be made via the payment method used by the customer for the original payment, if technically possible. Otherwise, an alternative refund method will be selected.
The goods remain our property until paid in full.
We accept no liability for any fees incurred through the use of the credit card, nor for delays or errors in payment processing by the credit card company or payment service provider.
In the event of an unauthorised chargeback or credit card return, we reserve the right to charge a processing fee.
8. RIGHT TO CANCEL
Right to cancel
The customer has the right to cancel this contract within fourteen (14) days without having to give any reason. The statutory cancellation period is thirty (30) days and commences on the day:
a) of the conclusion of the contract. (This applies in the case of a service contract or in the case of digital contents that are not delivered on any physical data carrier.)
b) you or a third party nominated by you and not being the forwarder, have/has taken possession of the goods. (This applies in the case of a sale contract.)
c) you or a third party nominated by you and not being the forwarder, have/has taken possession of the last goods. (This applies in the case of a contract about several products which you have ordered within one single order and which are delivered separately.)
d) you or a third party nominated by you and not being the forwarder, have/has taken possession of the last part of the delivery or the last piece of the goods. (This applies in the case of a contract about a merchandise whose different parts are delivered separately in the frame of more than one deliveries – each containing single parts of the product.)
e) you or a third party nominated by you and not being the forwarder, have/has taken possession of the first merchandise. (This applies in the case of a contract about a delivery of merchandise that happens regularly within a certain and pre-established period.)
To exercise the right of withdrawal, cancel his/her contract, the customer can notify us (SportOkay.com, Werner-von-Siemens-Straße 5, 6020 Innsbruck, Austria, E-Mail: info@sportokay.com, Tel. +43 512 8905880) of her/his decision to withdraw, in clear and unequivocal terms (by means, for example, of an e-mail). You may use the appended template of withdrawal, but do not have to – seen that the declaration of your withdrawal is not bound to any precise form.
To meet the deadline, it will suffice if you email your cancellation before said period expires.
Consequences of cancellation
If the customer cancels a sales contract, we must promptly refund her/him all her/his payments, including the delivery costs (apart from extra costs resulting from the customer having chosen another mode of delivery than our inexpensive standard mode), no later than fourteen days upon the day we have received her/his cancellation. Unless expressly agreed otherwise, for said refund we will use the same payment mode she/he had originally chosen for the payment of her/his order. Said refund will never incur costs on the customer’s part. We may refuse to effect the refund for as long as the customer has not returned the goods or furnished proof she/he sent them to us, depending on whichever arrives first.
The customer must return the goods promptly and no later than fourteen days upon the day she/he has notified us of her/his cancellation of the contract, to us. To meet this deadline, it will suffice if she/he dispatches the goods before said period expires. We bear the return costs for returns from Germany, Austria, Italy and Slovakia. From all other countries, though, customers need to bear the costs for their returns. The customer will only have to pay for any depreciation if this can be put down to any handling of the goods on her/his part that was not limited to an inspection of their condition, properties and functions. With "inspection of their condition, properties and functions" we intend the trying on and/or examining of the respective goods, as it is, for example, possible and common in an ordinary retail shop.
End of the information about the right to cancel.
The cancellation right does not persist in the case of the following contracts:
- Contracts about the delivery of goods which are not prefabricated and clearly tailored to the individual needs of the consumer, or, for whose production the customer’s individual choice or specification is substantial.
- Contracts about the delivery of sealed goods which, for reasons of health protection or hygiene and if the sealing has been removed after their delivery, are not suitable to be returned.
9. VOLUNTARY RIGHT OF RETURN
In addition to the statutory right of withdrawal (8. Right to cancel), we offer you the following voluntary right of return. During the statutory withdrawal period, only the statutory rules apply and your statutory right of withdrawal is not affected by the voluntary right of return.
The consumer has the right to withdraw from this contract within sixty (60) days of receiving the goods without giving any reason.
This period for the voluntary right of return applies from the day of delivery by the shipping partner. In the case of delivery of an order in several partial shipments, the delivery date of the last partial shipment is applicable.
To meet this deadline, it will suffice if the customer dispatches the goods before said period expires.
The prerequisite for exercising the voluntary right of return is that the goods are in their original condition, complete, and unworn or unused.
The goods must be returned undamaged in their original packaging and, if available, with the seal intact, including all labels and transport protection materials. Where reasonable, the outer packaging used for the original shipment must be used for the return shipment.
We bear the return costs for returns from customers when the return is made from Germany, Austria, Italy and Slovakia. In this case, you will receive one free return label per order; if there are several partial deliveries, there will be one additional label per partial delivery. For returns from all other countries, with the exception of Germany, Austria, Italy and Slovakia, customers will bear the direct costs.
Any refunds will be made via the payment method used for the order, no later than 30 days from our receipt of the returned goods.
The voluntary right of return does not apply to the following contracts:
- Contracts in which the customer confirmed during checkout the exclusion of the voluntary right of return due to individual ski customization.
- Contracts for the delivery of goods that are not suitable for return for health protection or hygiene reasons, if they have come into direct contact with the intimate area of the skin during fitting.
10. WARRANTY
For all articles available in our online shop, the legal warranty provisions according to §§ 922 to §§ 933a of the General Civil Code (“ABGB” – “Allgemeines Bürgerliches Gesetzbuch”) apply.
Furthermore, there are various products where an original guarantee-certificate of the manufacturer is enclosed and it is up to the customer to directly assert the claims arising from the manufacturer's warranty to the manufacturer. If the case of a warranty occurs, we kindly ask you to inform us via e-mail to info@sportokay.com.
Claims deriving from the manufacturers’ guarantee, or claims of any kind towards us that go beyond the manufacturers’ guarantee, are excluded. Please note that a possible manufacturer guarantee and the legal warranty claims are two different things which exist parallelly. A possible manufacturer guarantee does not exclude any legal warranty claims towards us.
11. TRANSPORT DAMAGE
If goods or the outer packaging are delivered with obvious transport damage, please report such defects to the delivery company as soon as possible and contact us immediately. Failure to file a complaint or to contact us has no consequences for your legal claims, in particular your warranty rights, and their enforcement.
12. DISCLAIMER
Claims for damages and their compensation towards the consumers – as defined in the Consumer Protection Act – are not possible if it is a matter of a slight negligence of SportOkay.com; towards corporate customers, it is not possible even in the case of a gross negligence of SportOkay.com. The above limitation for slight negligence towards the consumers does not apply to any personal injury; neither does it for any main contractual duties of SportOkay.com.
13. PRIVACY
The privacy policy of SportOkay.com applies.
14. COPYRIGHT, ECONOMIC AND EXPLOITATION RIGHTS
The pieces of information provided and created in our online shop – such as photographs, pictures, data, texts or other material ("content") – are the property of SportOkay.com.
Pieces of information of third parties provided by SportOkay.com are the property of this third party and established in the right of exploitation of this third party. SportOkay.com only has the exploitation right or, respectively, the right to broadcast. This information must not be used for commercial purposes, unless we give our consent prior to that; and, particularly, it must not be reproduced on various media, such as the Internet.
15. INFORMATION OBLIGATIONS
The customer is obliged to make veridical statements when she/he places an order. Furthermore, the customer is obliged to promptly inform us about every change in her/his data, especially if concerning the name, address, e-mail address, telephone number. If the customer omits to provide us with this information, or if right from the beginning she/he enters false data – especially if a wrong e-mail address – we can withdraw from the contract, if such a contract has been established.
16. APPLICABLE LAW AND JURISDICTION
Austrian law applies, excluding the CISG (United Nations Convention on Contracts for the International Sale of Goods). For consumers as defined by the Consumer Protection Act and whose usual residence is abroad and not in Austria, the mandatory national regulations of their home country apply, unless the Austrian regulations should be more favourable to them.
If the customer’s domicile or usual residence is in Austria, or if the customer is employed in Austria, only the jurisdiction of the court of the customer’s habitual residence or working place can be substantiated for claims against him. This is scheduled in the §§ 88, 89, 93 paragraph 2 and 104 paragraph 1 JN (Norm of Jurisdiction).
We are willing to participate in an out-of-court arbitration procedure before one of the following consumer arbitration boards.
Außergerichtliche Streitbeilegungsstelle für Verbraucher und Unternehmer e. V., Hohe Straße 11, D-04107 Leipzig, Germany, www.streitbeilegungsstelle.org.
Österreichisches Institut für angewandte Telekommunikation, Ungargasse 64-66/3/404, 1030 Wien, Austria, www.ombudsstelle.at
Online Dispute Resolution in accordance with Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (ODR). Information can be found here: https://ec.europa.eu/consumers/odr/.
17. SEVERABILITY CLAUSE
If individual provisions of the current contract become ineffective or impracticable or become ineffective or impracticable after the contract’s conclusion, the validity of the remaining regulations remains intact.