General Terms and Conditions

Eat the Ball Holding GmbH
02/03/2015

Eat the Ball Holding GmbH
Karolingerstraße 3a
5020 Salzburg
Austria

T: +43 662 828 020
F: +43 662 828 020 2109
E-Mail: shop@eattheball.com

Alternative dispute resolution pursuant to Art. 14(1) ODR Ordinance
The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at http://ec.europa.eu/consumers/odr/. We are not obliged or prepared to participate in a dispute resolution process before a consumer arbitration board.

Contents

  1. Scope
  2. Conclusion of contract
  3. Ordering
  4. Prices, shipping costs, sales tax
  5. Payment
  6. Shipping
  7. Complaints and liability
  8. Cancellation right
  9. Applicable law, place of jurisdiction
  10. Privacy policy
  11. Cookies
  12. Information about Google Analytics
  13. Use of online shop
  14. Contract language
  15. Newsletter
  16. Copyright
  17. Miscellaneous

1. Scope

All services of Eat the Ball Holding GmbH, 345811x, Karolingerstraße 3a, 5020 Salzburg (hereinafter referred to as “Eat the Ball”) within the context of the online shop are provided solely via the Internet and on the basis of the following General Terms and Conditions (hereinafter referred to as “T&Cs”) in their version that applies at the time of placing the order, unless other provisions have been agreed with the customer in writing. The T&Cs can be viewed and downloaded at any time on the website of Eat the Ball. To improve readability, customers are referred to collectively as “customers” or individually as “customer” hereinafter.

Unless agreed otherwise, goods are only delivered to Austria or Germany.

2. Conclusion of contract

Eat the Ball goods are presented in the Eat the Ball online shop. The specified prices include sales tax at the official rate, but not delivery costs. Customers can place an order online. This constitutes an offer to conclude a purchase contract under the terms and conditions set out in the T&Cs. The contract comes into effect upon delivery by Eat the Ball or its agents. The authoritative language for contracts, orders, and business transactions is German.

3. Ordering

The individual steps required are described in detail in the online shop during the order process and, for reasons of practicality, may differ from those described here: The customer provides the data required for the order: first name, last name, billing address, delivery address, e-mail address, cell number. The customer selects the desired goods by clicking the “Add to cart” button. The selected goods and their price (including delivery) can be viewed at any time during the order process. The minimum order value is € 9 per order.
The customer must ensure that the specified e-mail address and cell number are accessible and can be used to communicate without problems in connection with the order.

After selecting the goods, the payment process can be initiated by clicking the “Proceed to checkout” button (see item 5).

4. Prices, shipping costs, sales tax, billing

The prices specified by Eat the Ball are final prices and include sales tax at the official rate. Any additional delivery and shipping costs are shown to the customer separately during the order process.

For deliveries to countries outside the European Union, additional costs for which Eat the Ball is not responsible may be incurred in individual cases; these shall be borne by the customer.
 This includes, for instance, fees for transferring money via credit institutions (e.g., bank transfer fees, currency exchange fees) or import charges and taxes (e.g., customs duties).

Eat the Ball will always send the customer an invoice to the e-mail address that they provided when placing the order.


5. Payment

The customer can pay by credit card (Visa, MasterCard, Diners Club, JCB) or PayPal. All necessary steps, including details and information about the security program, are described in detail in the online shop during the payment process and may differ depending on the credit card and the individual agreement between the customer and their bank or credit card provider. The customer enters the card details (e.g., card number, expiry date, verification number, address, password) in the fields provided for this purpose.

After the payment has been verified, the customer receives confirmation of the amount paid, the goods ordered, delivery costs, delivery address, billing address, contact e-mail address of Eat the Ball, and telephone number of the customer.
This confirmation does not constitute acceptance of the customer’s order by Eat the Ball; it merely serves to notify the customer that their order has been received.

6. Delivery and shipping terms

If the goods are in stock, Eat the Ball will send them by express delivery to Germany and Austria, unless specifically agreed otherwise. This means that, if you order by 3 p.m. on a weekday (Monday to Thursday), we’ll deliver your goods by 12 noon the next day via our logistics partner GO! Express. If the outbound delivery date is a Saturday, Sunday, or public holiday, your order will arrive the working day after next.
When the customer receives the GO! Express (hereinafter “GO!”) order confirmation by e-mail, the first delivery attempt to the customer will be made the next day by 12 noon, although the precise time cannot be guaranteed by GO!. Eat the Ball assumes no liability for any damage or loss resulting from shipping delays on the part of GO!.
Someone (either the customer or an authorized person) must be present at the delivery address to accept the goods on the first advised day of delivery, otherwise the goods may not arrive in the usual and desired product quality. The invoice is enclosed with the goods.

If the customer refuses to accept delivery without a valid reason, they must still pay for the ordered goods and for the unsuccessful delivery attempt.

7. Complaints and liability

Immediately upon delivery, the customer must check that the goods have been delivered in the correct quantity and are free from obvious defects. The customer must inform the delivery agent of any problems. Hidden defects must be reported to Eat the Ball by e-mail to “shop@eattheball.com” as soon as possible, but no later than the next working day. E-mails to the address “shop@eattheball.com” are processed within 48 hours (only on working days).

No compensation will be offered for consequential damage/loss caused by a defect, other direct damage/loss or lost profit due to non-delivery, incorrect delivery, or delayed delivery if the damage/loss was caused by simple negligence and does not involve personal injury. However, this shall not limit the liability for personal injury and any claims for compensation against the manufacturer under product liability law.
For promotional products (e.g., cooler bag, freezer) that we give away free of charge with an order of Eat the Ball bread or product vouchers, Eat the Ball assumes no liability, nor does it provide any guarantees or assume the cost of disposal.

8. Cancellation right

Although the contract is concluded with the aid of telecommunication tools, there is no right of cancellation according to Art. 18 para. 1(4) and 1(5) FAGG (Austrian Distance Selling Act), as the goods are classified as fresh (quickly perishable) goods and, for public health reasons, are not suitable for return.

9. Applicable law, place of jurisdiction

Austrian law is agreed upon by the contract parties. If the customer’s place of residence, habitual abode, or place of work is in Austria, any legal action against them can only be brought before the court presiding over the district where their place of residence, habitual abode, or place of work is located. This does not apply to disputes that have already arisen. The UN Convention on Contracts for the International Sale of Goods and all provisions relating to it are expressly excluded. For contracts with companies, the place of jurisdiction is the location of our registered office.

10. Privacy policy

Eat the Ball employees are subject to the confidentiality obligations that apply under data protection law.

The customer acknowledges that the personal data specified in the contract will be stored and processed for accounting and record-keeping purposes. The data is also used to comply with legal requirements and to process payment transactions. Customer data is not shared with third parties unless this is absolutely necessary for the performance of the contract. Contractual partners of Eat the Ball have been informed of these data protection provisions and are obliged to comply with them.
In the case of mailings about services and products of Eat the Ball (events, publications, etc.) of any kind, Art. 107 TKG applies.

If you have any questions about the collection, processing, or use of your personal data or the disclosure, rectification, blocking, or deletion of data, or if you wish to revoke your consent or object to your data being used in a certain way, please contact us.

11. Cookies

The data that you provide is required for fulfilling the contract and for performing pre-contractual actions. Without this data, we cannot conclude the contract with you. No data is passed on to third parties, except to send credit card details to the authorized bank/payment provider for the purpose of debiting the amount for the purchased goods or to transport/shipping companies that have been authorized by us to deliver the goods, as well as to our accountants for the purpose of meeting our tax obligations.

If the purchasing process is canceled, the data stored by us will be deleted. In the event of a contract being concluded, all data from the contractual relationship will be stored until expiry of the applicable retention period under tax law (seven years).
However, the following data is stored until expiry of the product liability period (10 years): name, address, purchased goods, date of purchase. Data is processed on the basis of the legal provisions of Art. 96 para. 3 TKG and Art. 6(1)(a) (consent) and/or (b) (performance of contract) GDPR.

Rights of the data subject
You have the right to be informed of the data being held about you, as well as the right to have it rectified or deleted, or to restrict its processing. You also have the right to object to your personal data being processed, as well as the right to have it transferred in a structured, machine-readable form. For any matters relating to the above rights, please contact the data controller.

Right to lodge a complaint
You have the right to lodge a complaint with a supervisory authority.

In Austria, this is the data protection authority: Österreichische Datenschutzbehörde, Barichgasse 40-42, 1030 Vienna, Tel. +43 1 52 152-0, E-mail: dsb@dsb.gv.at, Web: https://www.dsb.gv.at/.

12. Information about Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses “cookies”, i.e. text files saved on your computer which make it possible to analyze how you use the website. The information that the cookie generates about your use of this website (including your IP address) is transmitted to and stored on a Google server in the USA. Google uses this data to analyze how you use the website, to compile reports about website activity for the website operators, and to provide other services associated with use of the website and the Internet. Google may also forward this information to third parties if prescribed by law or if third parties are processing this data on behalf of Google. Google will never associate your IP address with other data held by Google. You can prevent cookies from being installed by changing the corresponding setting in your browser. However, please be aware that you may not be able to enjoy all the functions of this website if you do so. Further information: www.google.com/analytics/

13. Use of online shop

The customer is not entitled to use any content, graphics, source texts, offers, prices, logos, trademarks, intellectual property rights, or other content from the Eat the Ball online shop. Use of the Eat the Ball online shop is at the user’s own risk.

14. Contract language

The authoritative language for the content of the contract, other information, customer services and complaint handling is always German.

15. Newsletter

With your consent, we will use your e-mail address to send you our newsletter. You can unsubscribe from our newsletter at any time by contacting the e-mail address in the Legal Disclosure or by clicking the unsubscribe link at the end of each newsletter.

16. Copyright

All news, graphics and the design of our website are provided solely to inform our customers and are protected by copyright.

17. Miscellaneous

Should individual provisions of the T&Cs be invalid or unenforceable, either partially or fully, this shall not affect the validity of the remainder of the contract. In the case of an invalid or unenforceable provision, the parties shall attempt to replace it with a provision that corresponds as closely as possible to it in terms of its economic effect and intention. Eat the Ball is entitled to assign subcontractors to fulfill its obligations under the contract either in part or in full.