Terms and Conditions
These General Terms and Conditions (GTC) apply to all contracts concluded via the
Online shop www.high-level.at between
High-Level Fitness
Christian Goller- Personal Fitness Trainer,
Weinitzenstrasse 9d,
8045 Graz, Austria
(short for High Level Fitness)
and customers, i.e. consumers.
A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his or her commercial or independent professional activity.
2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
2.1. By completing the order by clicking the "Buy now" button and thus concluding the purchase contract, the customer acknowledges and agrees to the terms and conditions set forth in these General Terms and Conditions. The contracting parties agree to the application of Austrian law. If the consumer has their place of residence or habitual abode in Austria or is employed in Austria, they can only be sued before the court competent for their place of residence, habitual abode, or place of employment; this does not apply to legal disputes that have already arisen.
3. PROTECTION CLAUSE
3.1. The inclusion of terms and conditions of the customer or contractual terms that deviate from the terms and conditions is rejected unless High Level Fitness expressly accepts them.
4. CONCLUSION OF THE CONTRACT
4.1. The presentation of products on the website does not constitute an offer in the legal sense. Rather, it is an invitation to the customer to submit an offer. The offer, within the legal meaning of Section 862 of the Austrian Civil Code (ABGB), is made by the customer by placing an order and thus by clicking the "Buy now" button. Confirmation of receipt of the order, along with acceptance of the order, is sent via an automated email immediately after submission. This email confirmation constitutes acceptance of the offer in accordance with Section 862 of the Austrian Civil Code (ABGB), and the purchase contract is concluded upon receipt of the email confirmation.
4.2. The customer can select the desired product(s) and place them in the shopping cart by clicking the "Add to cart" button. The selected products will be temporarily stored in the shopping cart for the duration of the customer's visit to the website www.high-level.at. The order process continues with the products currently in the shopping cart by clicking the "Secure checkout" button. On the next page, the customer is asked to either enter a contact address (email), the desired delivery address, and payment method and confirm these by clicking "Continue to shipping" or to complete an express checkout by selecting "shopPay, Paypal, or Gpay." When selecting external services
If the payment method selected is PayPal, the customer will be redirected to the external website of the respective payment service provider. If the customer chooses not to use express checkout and selects "Continue to Shipping," the next page will display their contact and shipping details, as well as information about any applicable delivery costs. The customer can review the information again and make any necessary changes before confirming their details by clicking the "Continue to Payment" button.
The customer can make payment using the payment options shown on the site. By selecting the "Buy now" button, the customer confirms their payment details and purchase intent, completes the purchase process, and submits a binding offer for the selected goods.
4.3. Upon receipt of the order, High Level Fitness will send an order confirmation by email to the email address provided by the customer. The order confirmation confirms receipt of the order and reflects the contents of the order (hereinafter "Order Confirmation"). If High Level Fitness rejects the conclusion of the contract, the customer will be informed immediately by email.
5. RIGHT OF WITHDRAWAL / RIGHT OF WITHDRAWAL
5.1. Ordered goods can be returned within 14 days of the conclusion of the contract in accordance with Section 11 of the Federal Act on the Protection of Personal Data (FAGG) without giving any reason, thus withdrawing from the contract. Further information can be found at
https://high-level.at/pages/widerrufsrecht/
Cancellation policy
5.2. The following cancellation policy applies to contracts for goods that can be sent in a single parcel by post. Separate provisions apply to contracts for digital content; these can be found at
https://high-level.at/pages/widerrufsrecht as well as in the description of the digital products themselves.
Right of withdrawal for parcel goods
5.3. As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or by e-mail).
office@highlevelshopping.at
You can use our sample cancellation form if you wish. You can find it at https://high-level.at/pages/widerrufsrecht. It is sufficient if you inform us of your wish to exercise your right of cancellation before the cancellation period expires.
Consequences of revocation
5.4. If you cancel this contract, we will refund all payments you have received. The refund will be made within fourteen days from the date on which we receive notification of your cancellation. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you. Under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until
Time at which you have provided proof that the goods have arrived with you.
5.5. You have fourteen days to return the goods to our warehouse after you have notified us of your cancellation.
High-Level Fitness
Christian Goller- Personal Fitness Trainer,
Weinitzenstrasse 9d,
8045 Graz, Austria
The deadline is met if you send the goods before the expiry of the fourteen-day cancellation period. The consumer must pay for the return shipment.
5.6. Contracts for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer cannot be revoked.
The right of withdrawal does not apply to the following contracts:
1. Contracts for the supply of goods which are not prefabricated and for
whose production requires individual selection or determination by the
consumer or which clearly refers to the personal
tailored to the needs of the consumer,
2. Contracts for the supply of goods that have been opened or used and
therefore, for reasons of hygiene or health protection,
can be returned,
3. Contracts for the supply of goods which, due to their nature
are not to be confused with other goods.
4. Contracts for digital content under certain circumstances which are set out in
https://high-level.at/pages/widerrufsrecht are defined in more detail.
End of the cancellation policy.
6. PRICES
6.1. All product prices are shown as total prices and include statutory sales tax (VAT).
6.2. Pricing errors excepted. If the correct price is higher, the customer will be contacted. In this case, the contract will only be concluded if the customer agrees to purchase the goods at the actual price. If the correct price is lower, the lower price will be charged.
7. SHIPPING COSTS
7.1. The stated product prices do not include shipping costs. Further details regarding shipping costs can be found on our website during the purchase process.
7.2. The statutory value added tax is included in the shipping costs.
8. DELIVERY CONDITIONS
8.1 Unless otherwise agreed, delivery shall be made to the address specified by the customer
Delivery address.
8.2. The delivery period begins one day after receipt of the order.
8.3. High Level Fitness is not responsible if the manufacturer or supplier experiences delivery difficulties. If the delivery of the goods within a certain period is hindered by unforeseen circumstances, High Level Fitness is entitled to withdraw from the contract in whole or in part. High Level Fitness will inform the customer immediately. Claims for damages are excluded in this case. The customer will be informed of existing delivery restrictions before the order process begins.
informed.
8.4 Delivery shall commence after the goods have been manufactured for the Buyer.
9. PAYMENT DEADLINE & RESERVATION OF TITLE
9.1 The purchase price is due at the time of delivery at the latest.
9.2. If "Pay later with Klarna" is selected during the purchase, the purchase price is due after the 30-day payment period.
9.3. The delivered goods remain the property of High Level Fitness until full payment has been made.
10. PAYMENT TERMS
10.1. High Level Fitness accepts the following payment methods:
10.2. "eps transfer" means that the customer automatically transfers the invoice amount online via online banking with banks that offer eps. To pay by "eps transfer," your bank must support eps payments. This enables simple and secure payment processing for online purchases. Shipping only occurs after receipt of payment.
10.3. For credit card payments, your credit card will be charged with the order. Your credit card will be charged immediately, even if the items are not in stock and cannot be shipped for several days.
10.4. PayPal - You can pay the invoice amount via the online payment provider PayPal. You must be registered with PayPal or create a PayPal account. Once you have authenticated yourself with your login details, you can confirm the payment order to our account.
10.5. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to
Klarna to pay.
- Payment within 14 days: The payment deadline is 14 days from the date of shipment of the goods or ticket/availability of the service. The full terms and conditions for the markets where this payment method is available can be found here: United Kingdom, Germany, Sweden, Norway, Denmark, Finland, Austria, and the Netherlands.
- Direct bank transfer: Available in Germany, Austria, and the Netherlands. Your account will be debited immediately after you place your order.
- Direct debit: Available in Germany, Sweden, Austria, and the Netherlands. Your account will be charged after the goods or tickets have been shipped/the service becomes available, or in the case of a subscription, according to the communicated deadlines. You will be notified of the date(s) by email.
10.6. Payment methods such as invoice, installment payments, and direct debit are subject to a positive credit check. For this purpose, we will forward your data to Klarna for an address and credit check during the purchase process and the processing of your order. We can only offer you the available payment methods based on the results of the credit check. Your personal data will be handled in accordance with applicable data protection laws and the information in Klarna's privacy policy. Upon the conclusion of a purchase contract between the customer and High Level Fitness using a Klarna payment method, the payment claim is transferred to Klarna.
11. GUARANTEE
11.1 The general statutory provisions shall apply unless otherwise specified
is.
11.2. Guarantees exclude damage caused by the customer,
especially in the case of improper handling, misuse or unauthorized repair attempts.
11.3. The shortened limitation period does not apply to damages resulting from a grossly negligent breach of duty by High Level Fitness or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of High Level Fitness. The shortened limitation period does not apply to claims for damages resulting from a negligent or intentional breach of contractual obligations. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely.
11.4. If the delivered goods show obvious transport damage, you must immediately report this to the carrier and contact us as soon as possible. Failure to file a complaint or contact us will not affect your statutory warranty claims as a consumer and will only serve to assist the provider in asserting claims against the company commissioned to deliver the goods or the insurer.
12. DISCLAIMER
12.1. Claims for damages by the customer against High Level Fitness are excluded unless High Level Fitness or its vicarious agents have acted intentionally or with gross negligence.
12.2. Liability for damages resulting from injury to life, body, or health resulting from a negligent or intentional breach of essential contractual obligations, or where liability is mandatory under the Product Liability Act or claims arising from negligence at the time of conclusion of the contract, as well as other breaches of duty or tortious claims for property damage, remain unaffected. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.
12.3 The Seller assumes no responsibility in case of a change in the
Properties of the delivered goods. The seller assumes no responsibility for improper use. Any liability is in any case limited to replacement or refund of the price of the goods. The buyer agrees to indemnify the seller against all claims, judgments, orders, costs and expenses (including attorneys' fees) arising from alleged actual infringements of patents, trademarks, trade names, copyrights and/or other intellectual property laws of any country, as well as from any other liability or violation of statutory, common, administrative or other laws of any
country in connection with the goods imported, used, sold, or offered for sale by the Buyer. The Buyer shall defend or assist the Seller in the defense of any action or other proceeding brought against the Seller in connection with or as a result of the importation, use, sale, or offer for sale of the goods by the Buyer.
13. RIGHT OF SET-OFF, RIGHT OF RETENTION
13.1. The customer is not entitled to offset our claims unless the customer's counterclaims have been legally established or are undisputed. The customer is entitled to offset our claims if they raise a complaint or counterclaim based on the same purchase contract.
13.2. The customer may only exercise a right of retention if the counterclaim is based on the same purchase contract.
14. DATA PROTECTION
The data protection provisions can be found in the privacy policy at
https://high-level.at/pages/datenschutz.
15. CHANGE TO THE GENERAL TERMS AND CONDITIONS /
RIGHT TO CHANGE
15.1. We are entitled to unilaterally amend these Terms and Conditions if this is necessary to issue an equivalence order or to adapt to changed legal or technical circumstances. The amended content will be communicated to the customer via their last known email address. The changes will become part of the contract if the customer does not object in writing within six weeks of notification by email.
16. CONTRACT LANGUAGE
The language available at the time of conclusion of the contract is German and
English.
17. CONTRACT LAW
Austrian law applies to contracts.