General Terms and Conditions (GTC)

Golfsport Company Trading GmbH - for golfballs.at, golfsimulator.kaufen and associated sales presences

Status: 12.03.2026

 

1. Scope of Application

These GTC apply to all contracts for the supply of goods as well as for assembly, installation, planning, service and other services of Golfsport Company Trading GmbH (hereinafter referred to as "we" or "us") with entrepreneurs and consumers.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

Deviating terms and conditions of the customer shall only apply if we have expressly agreed to their validity in writing. We hereby expressly object to conflicting or supplementary terms and conditions against entrepreneurs.

2. Conclusion of Contract and Order Process

Our presentations in online shops, catalogues, price lists, offers, presentations or other advertising materials are - unless expressly designated as binding - subject to change and non-binding.

For orders in the online shop, the customer submits a binding offer by sending the order. Receipt of the order will be technically confirmed; such a confirmation of receipt does not yet constitute acceptance. A contract is only concluded by our express order confirmation, by dispatch of the goods or by commencement of the service execution.

We store the contract text within the framework of the statutory provisions. The contract language is German; English communication is additionally possible, but in case of doubt only has an informative character, unless otherwise expressly agreed.

Obvious typing, printing, calculation or pricing errors do not give rise to an obligation to execute the contract. We may correct or challenge statements already made within the framework of the statutory provisions.

3. Prices, Shipping Costs and Electronic Invoices

All prices are, unless expressly stated otherwise, in Euros. For consumers, prices include statutory VAT; for entrepreneurs, prices are net plus statutory VAT.

Additional shipping, transport, customs, import, assembly or insurance costs are shown separately in the order process, in the offer or in the order confirmation.

Invoices can be transmitted electronically. The customer agrees to electronic invoicing.

4. Payment

Unless otherwise agreed, invoices are due for payment immediately without deduction.

We are entitled to demand reasonable down payments, partial payments or advance payments, in particular for special procurements, project business, simulator systems, installation services, custom-made or individually configured products.

In case of default of payment, default interest at the statutory rate according to the Austrian Commercial Code (UGB) shall apply to entrepreneurs. For consumers, the statutory default interest rates apply. The assertion of further damages caused by default remains reserved.

If the customer is in default with a due payment, we are entitled to withhold further deliveries or services until full payment.

5. Delivery, Service, Deadlines and Delay in Acceptance

Delivery and service periods are only binding if they have been expressly agreed in writing as binding. Delivery periods generally begin only after all technical, commercial and constructional requirements have been fully clarified and after receipt of agreed down payments.

Partial deliveries and partial services are permissible, insofar as they are reasonable for the customer.

Delays in delivery and performance due to force majeure or other unforeseen events for which we are not responsible - such as transport disruptions, official measures, strikes, pandemics, raw material shortages, supplier failures, cyber incidents or energy shortages - extend deadlines appropriately. If the disruption lasts longer than eight weeks, both parties are entitled to withdraw from the contract with regard to the part not yet fulfilled.

If the customer is in default of acceptance or violates duties to cooperate, we are entitled to charge for additional costs, storage costs, idle times and additional expenses resulting therefrom.

6. Retention of Title

The delivered goods remain our property until full payment of all amounts owed from the business relationship.

For entrepreneurs, the following also applies: Resale in the ordinary course of business is permissible; the resulting claims are hereby assigned to us to the extent of our open claims. The entrepreneur must provide us with the information necessary to assert these claims upon request.

7. Right of Withdrawal for Consumers in Distance and Off-Premises Contracts

Consumers generally have a statutory right of withdrawal of 14 days for distance contracts and contracts concluded off-premises.

We provide consumers with the details of the right of withdrawal, the deadlines, the exercise thereof, and the sample withdrawal form in a separate withdrawal policy. This withdrawal policy is part of the pre-contractual information.

There is no right of withdrawal, in particular, in the legally provided exceptional cases, such as for goods manufactured according to customer specifications or clearly tailored to personal needs, for sealed software or sealed audio/video recordings after unsealing, and for digital content if the execution began before the expiry of the withdrawal period only after the consumer has expressly consented and confirmed their knowledge of the loss of the right of withdrawal.

For services, the right of withdrawal expires prematurely only if we have fully performed the service, the execution began only after the express request of the consumer, and the consumer has previously confirmed that they lose their right of withdrawal upon full performance of the contract.

In the event of an effective withdrawal, consumers bear the direct costs of returning the goods, provided that we have informed them thereof in advance. Goods that cannot be sent by parcel post must be returned at the consumer's expense; the estimated return costs will be communicated separately in the respective offer or pre-contractually. In the event of a withdrawal, we will refund payments made in accordance with the statutory provisions; additional costs of a shipping method chosen by the consumer that deviates from the cheapest standard delivery will not be reimbursed.

The consumer is only liable for any diminished value of the goods if this diminished value results from handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.

8. Special Provisions for Golf Simulators, Custom-Made Products and Project Business

Golf simulator systems, impact screens, hitting boxes, floor constructions, artificial turf cuts, special frames, special coatings, individually configured complete systems, specially compiled hardware/software bundles and comparable project businesses are regularly planned, configured, ordered or manufactured individually for the customer.

In such transactions, planning services, project services, production steps, special orders, import processes, reservations with suppliers or technical preparations can already trigger irreversible costs before delivery. Insofar as this is legally permissible, these services and expenses will be charged separately or taken into account in the event of termination of the contract.

A statutory right of withdrawal for consumers for standard goods merely ordered for the customer is not automatically excluded, but it is for genuinely custom-made or clearly personalised goods within the framework of the statutory exceptions.

For individually planned systems and project business, we can agree on project-related milestones, partial payments, special cancellation or expense regulations and duties to cooperate in the offer or order. Such individual agreements take precedence over these GTC.

9. Customer's Duty to Cooperate in Planning, Assembly and Installation

The customer is responsible for ensuring that all plans, dimensions, photos, sketches, inventory data and other information provided by them are complete and correct. Any preliminary planning carried out by us does not replace a construction-side examination of the actual conditions, unless we have expressly undertaken a measurement or construction survey.

The customer must ensure, at their own expense, that all technical, structural and organizational requirements at the assembly or installation site are met in good time. This includes, in particular, power supply, network connection, suitable floor, wall and ceiling conditions, load-bearing capacity, air conditioning, ventilation, accessibility, free assembly areas, sufficient room height and safety distances.

The customer must check and ensure in good time any necessary official permits, landlord's consents, static approvals, fire protection requirements, insurance issues and other admissibility questions themselves, unless we have expressly undertaken this check in writing.

Additional costs, delays, additional expenses or impossibility of performance resulting from incorrect information, missing prerequisites or delayed cooperation on the part of the customer shall be borne by the customer.

10. Travel, Assembly, Service and Support Costs

Unless expressly agreed otherwise, travel, accommodation, transport, parking, toll, expense, lifting and waiting times as well as other costs incurred in connection with assembly, installation, on-site service or support deployments are to be remunerated separately.

For installations or on-site appointments outside our usual service area, flat-rate or actual travel costs can be charged according to the offer, order confirmation or separate agreement.

Support and service are provided - as far as possible and reasonable - by telephone, e-mail or remote access. The customer must provide suitable technical infrastructure for this, in particular a stable internet connection.

11. Acceptance, Commissioning, Software Activation

Insofar as acceptance is provided for, the service shall be deemed accepted if acceptance has taken place, the customer unjustifiably refuses acceptance or uses the system or service in real operation.

We are entitled to hand over software licenses, activations, releases, access data, dongles or other usage releases or to permanently activate them only after full payment, unless mandatory law prohibits this.

Provisional test activations or goodwill uses do not establish a claim to permanent use without full payment.

12. Warranty

The statutory warranty rights apply to consumers. For contracts for the purchase of movable goods and for digital services with consumers, the mandatory provisions of the Consumer Warranty Act (VGG) apply, insofar as its scope of application is open.

For entrepreneurs, the statutory warranty provisions of the Austrian General Civil Code (ABGB) apply with the proviso that § 377 of the Austrian Commercial Code (UGB) is to be applied. Entrepreneurs must examine the goods or services immediately and notify us in writing of any discernible defects without delay; hidden defects must be notified in writing immediately after discovery.

For used goods, the warranty against entrepreneurs can be excluded or limited, as far as this has been individually agreed. For consumers, a shortening of the warranty period for used movable goods is only possible to the extent legally permissible and only by separate agreement.

No warranty exists for damages or defects that are due to improper use, faulty assembly by third parties, unsuitable operating conditions, lack of maintenance, normal wear and tear, unauthorized modifications, unsuitable premises, non-approved software/hardware combinations or external influences.

13. Guarantee

A guarantee only exists if it has been expressly designated as such by us or the manufacturer in writing and its content described. Statutory warranty rights are not restricted by a guarantee.

14. Liability

We are liable without limitation for damages resulting from injury to life, body or health as well as in cases of intent, gross negligence and under the Product Liability Act.

In cases of slight negligence, we are liable - except for personal injury - only for the violation of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer can regularly rely. In this case, liability is limited to the foreseeable, typical damage at the time of concluding the contract.

Against entrepreneurs, liability for lost profit, indirect damages, consequential damages, pure financial losses, unrealized savings, data loss, as well as damages from third-party claims - as far as legally permissible - is excluded, unless we are guilty of intent or gross negligence.

We are only liable for compliance with public or private safety, construction, insurance, workplace or usage requirements at the customer's location, insofar as we have expressly undertaken a corresponding check or planning in writing.

15. Set-off and Retention

The statutory rights of set-off and retention apply to consumers.

Against entrepreneurs, set-off is only permissible with counterclaims that have been legally established, acknowledged, or are in direct legal connection. Entrepreneurs are only entitled to a right of retention insofar as it is based on the same contractual relationship.

16. Intellectual Property, Documents and Confidentiality

Plans, sketches, 3D visualizations, offers, calculations, concepts, layouts, presentations, product images, texts, software configurations and other documents provided by us remain - unless expressly agreed otherwise - our intellectual property or the property of our licensors.

Without our prior written consent, these documents may not be reproduced, published, made accessible to third parties, or used outside the purpose of the contract.

The customer must keep confidential any confidential information made accessible to them within the scope of the business relationship.

17. Data Protection and Complaints

Information on the processing of personal data can be found in our current privacy policy on our website.

For customer complaints, we can be reached at oliver@golfsport.company.

If we cannot resolve a dispute with a consumer amicably, we will inform the consumer on a durable data carrier about a body responsible under the Alternative Dispute Resolution Act and whether we participate in such a procedure.

18. Choice of Law and Jurisdiction

Austrian law applies, excluding its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods.

For consumers, this choice of law only applies to the extent that the protection of mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn thereby.

For contracts with entrepreneurs - to the extent legally permissible - the objectively competent court at our company's registered office shall have exclusive jurisdiction. However, we are also entitled to sue the entrepreneur at their general place of jurisdiction.

19. Final Provisions

Should individual provisions of these General Terms and Conditions be or become wholly or partially ineffective, the validity of the remaining provisions shall remain unaffected.

Amendments and additions to contracts, as well as legally relevant declarations by the customer, require at least text form (e.g., email), unless a stricter form is prescribed by law.

These General Terms and Conditions are valid from 12.03.2026 and replace previous versions for new contract conclusions.