OUR GENERAL TERMS AND CONDITIONS

 

Scope

 
All transactions and business relationships between EFP – Handel & Service and customers in its online shop “on your marks” or “on your marks - InTeam” are exclusively subject to these general terms and conditions in the version valid at the time the order is placed. Any other customer terms and conditions require the advance, written, and express consent of EFP – Handel & Service. EFP – Handel & Service, on your marks, and on your marks – InTeam are trade names of EFP – Handel & Service, Elisabeth Fischer, Kremsuferstraße 7, 4502 St. Marien, Austria (hereinafter referred to simply as “EFP”).
 

Explanation of terms

 
The following definitions of terms used in these general terms and conditions apply, unless another meaning is clearly intended from the context in which it is used.
“Customer” refers to any party to a contract or negotiation with EFP, in particular any person purchasing goods.
“Goods and services” refer to any (tangible/intangible) product and any other (tangible/intangible) service provided by EFP of any kind.
“Goods” are any product/item offered and sold by EFP.
An “order” is the binding offer made by a customer to purchase goods or services from EFP.
A “contract” is the legal transaction between EFP and the customer.
 

Terms and conditions for orders

 
Orders placed by customers are binding offers to enter into a contract with EFP. They are legally binding on customers once received by EFP. EFP will immediately confirm receipt of orders. This does not, however, constitute an acceptance of the order by EFP. EFP is free to accept or decline customer offers at its own discretion for a period of 10 days; acceptance of the order can take the form of a written order confirmation accepting the order or the shipment of the goods ordered. Either event constitutes EFP’s acceptance of the order and creates a contractual relationship between EFP and the customer. If EFP accepts the order by shipping the goods ordered, the shipping date will be used as the date the contract was signed.
EFP expressly reserves the right not to accept customer orders and not to ship goods ordered, especially when the same customer has an outstanding account balance from previous orders. Customers will be notified in writing if this is the case. This does not establish any customer rights to assert claims of any kind.
Any customer rights may be transferred to third parties only with the prior consent of EFP.
The right to make changes in the model, colour, material, etc. made in the course of technological progress or further development is reserved, provided they are reasonable for the customer. This does not create any basis for customer claims.
The products offered are non-binding offers made by EFP to customer and may be changed at any time.
EFP does not warrant that the product descriptions and other product information are accurate, complete, or up to date, especially with respect to errors in the reproduction of product colours or their pricing. Because customers have a wide range of computer systems at their disposal and differences among these systems may affect how products and colours are displayed, EFP makes no warranty concerning the accuracy of colours shown in its product illustrations and also does not make any further warranty concerning its products’ colours.
 

Delivery terms

 
EFP explicitly points out that any information provided concerning product availability and delivery times is only approximate and is not binding on EFP. In any case, EFP will notify customers if the standard delivery time of 1-2 working days cannot be kept.
Turn-around and delivery times only start once EFP has received from the customer all of the data necessary for the order to be accepted and any required advance payment or deposit.
If delivery of the goods to the shipper is delayed more than 5 working days from the end of an originally agreed delivery time (e.g. “delivery in mid-December”), customers shall grant a grace period of at least another 7 weekdays.
The shipping method and route is at EFP’s discretion. EFP also reserves the right to select shippers who are not necessarily the least expensive. Without exception, all shipments are insured (for up to €500 in value).
The items will be packed well-protected in any case. Any special customer requests concerning packaging will be billed at cost; a refund of these extra packaging costs cannot be granted if the customer returns or exchanges the items. Customers are responsible for disposing of the packaging materials.
Customers may request that EFP insure shipments for a higher value. EFP will bill the customer for the additional cost for the insurance plus a €2.50 handling fee. EFP cannot refund any additional insurance costs thus billed in the event of a return or exchange.
If pre-payment is required before goods are delivered to a customer, the shipment will only take place after EFP receives the funds in its account.
 

Delivery costs

 
Detailed information about shipping can be found here.
 

Right of cancellation

 
Customers can revoke this contract within 30 days without cause in writing (e.g. letter, fax, email). The period begins upon receipt of this notice in writing, but not before the customer receives the delivery (or not before receiving the first partial delivery if recurring deliveries of similar goods have been ordered) and also not before we have fulfilled our statutory obligation to inform customers of this right. The time and date customer send notice of cancellation within the 30-day period determines whether it was timely. Send notice to: EFP – Handel & Service, Elisabeth Fischer, Kremsuferstraße 7, 4502 St. Marien, Austria, or by email to info@on-your-marks.at.
 

Consequences of cancellation

 
If the order cancellation is effective, all goods and services and payments received by either party must be refunded, plus or minus any benefits derived from the same (e.g. interest). Charges for additional packaging, additional insurance, express delivery, cash on delivery, and any other services that go beyond the standard delivery will not be refunded. If the customer is unable to return the goods or services received in whole or in part together with any benefits obtained from the same or can only return said goods or services in a deteriorated condition, the customer must compensate EFP for the lost value. The customer is liable for the value lost due to the use of the product only to the extent that such benefits or deterioration can be attributed to handling the goods in such a way that goes beyond an inspection of its characteristics and functionality. An inspection of the product’s characteristics and functionality is the equivalent of the testing that would be done prior to the purchase of a similar item at a brick and mortar retail location. This means that customers can only avoid having to pay for deterioration of the goods resulting from the proper (intended) use of the product by not treating the item as their property and not using it or allowing it to be exposed to any situation which might reduce its value (e.g. not getting it dirty, even if subsequently cleaned, not removing product tags, no damage to the product packaging, etc.) Goods that can be return shipped are generally returned at our expense and risk. For this purpose, customers must use the returns procedure before shipping back any items; this procedure can be found in every customer account and is also described on the information pages in the online shop. Failure to comply with these procedures and, in particular the failure to use the GLS parcel label for product returns will result in the customer’s having to bear the return costs. Likewise, EFP will not accept packages with postage due; these will then be returned to the customer with additional fees or such fees will be billed to the customer. When returning goods, use the same packaging material in which the original shipment was sent. Poorly or non-packaged goods will not be accepted as returns. Goods which cannot be sent as packages will be collected from the customer. Obligations with respect to the reimbursement of payments must be met within 14 days. The period begins with the receipt of the return.
Exclusion of the right of cancellation
 
The right does not apply to mail-order contracts for the delivery of goods produced according to customer specifications (e.g. flocking, or the like) or clearly tailored to personal needs or which are not suitable due to their condition for a return or spoil quickly or whose expiry date has passed when returning, audio or video recordings or software if the data storage devices containing the same have been unsealed by the consumer, electronic devices for which the warranty label has been removed, or any goods set up and operated by the consumer and adapted with custom settings, or newspapers, periodicals and magazines.
 
End of the cancellation policy.
 

Retention of title

 
The delivered goods remain the property of EFP until full payment is received.
Customers are responsible for the careful handling of all such goods until full payment is made. They bear full risk for the deterioration or impairment of the goods.
If the goods are pledged or sold to third parties, the customers are obliged to point out that the goods are not their property.
If the customer is in breach of contract or in default of payment, EFP is entitled to repossess the goods from the customer or, where appropriate, to demand the assignment of the buyer’s associated claims against third parties.
If customers are in breach of these provisions concerning the retention of title, they are obliged to pay a contractual penalty equal to 10% of the net value of the goods in addition to any damage or expenses incurred (such as collection proceedings). The entire balance owed to EFP is due immediately if customers fail to meet their obligations. EFP is also entitled in this case to demand that customers return the goods immediately. The goods will be repossessed by EFP and credited to the amount owed by the customers, less any reductions in value and/or reimbursement for use of said products for the time that they were in the customers’ possession.
 

Payment terms and conditions

 
Customers can pay for their orders by wire transfer, by credit card, by Klarna, by EPS, by Giropay, by Sofortüberweisung or by PayPal.
If paying by wire transfer and we have not received payment in full within 15 banking days, we reserve the right to withdraw from the contract, no longer to hold the goods for that customer, and to dispose of the goods at our discretion.
Customers are not permitted to apply any discounts whatsoever to the invoiced amount that are not indicated on the invoice or partial invoice.
Generally, all payments on invoices are to be transferred to EFP in full without any banking fees or deductions.
If payment is in default, customers will be charged default interest at the rate of 5% per annum. EFP is entitled to charge any bank fees or interest that goes beyond this figure.
Likewise, customers in default shall pay any and all reminder and collection costs. In particular, we wish to point out that customers must reimburse all costs incurred by EFP for collection proceedings, including legal fees. The dunning fees are € 4 per warning from the second warning.
Direct payments to employees or representatives of EFP who are authorised to perform collections or not a part of the EFP sales team are prohibited and will not be applied to any open accounts.
 

Prices

 
The prices are in Euros and inclusive VAT.
 

Transfer of risk

 
Delivery is made from the EFP warehouse, which is also where the risk is transferred to customers. (EFP ships all goods without exception insured).
 

Delay of acceptance

 
If customers fail to accept delivery, EFP is entitled to bill said customers a storage fee for the goods they have ordered equal to 0.1% of the total invoice amount and at the same time demand that the customer meet its obligations undertaken as part of this contract. In addition, any costs incurred for multiple delivery attempts, including shipping charges for articles otherwise offered with free shipping, and the costs for returning the goods to EFP will all be billed to customers who fail to accept delivery. After the passing of a deadline appropriate to the situation by which time said customers in default may fulfill the terms of this contract (up to a maximum of 25 days), EFP shall be entitled to withdraw from the contract and to dispose of the goods at its discretion. All amounts receivable from such customers who have failed to accept delivery, ranging from storage in EFP’s warehouse to any and all costs associated with delivery attempts and return of the goods to EFP, shall remain unaffected by any resale of the goods by EFP.
If such customers request re-delivery of their ordered goods stored at EFP before the expiry of said deadline, they shall receive the same shipping conditions as in their original order. Once the order is re-shipped, the deadline expires once the goods leave EFP’s warehouse. If said customers nonetheless once again fail to accept delivery of the re-shipped goods, EFP is entitled not to set any new deadline and to demand payment of all costs listed above.
 

Defects/warranty/exchange

 
Unless other stipulated herein, the statutory provisions apply.
EFP assumes no liability for normal wear and tear or for improper use of the goods, including in particular intentional damage and using the product in areas not intended.
Unless otherwise agreed, the exchange or repair of any product under the terms of statutory warranty coverage will take place within 6 weeks from the first opportunity that EFP has to assess the nature of the defect.
EFP cannot guarantee that any replacement product will be an exact match with the originally purchased one.
Customers may not assign warranty claims and/or claims for damages to third parties.
Returns of defective goods are handled according to the statutory provisions at EFP’s expense.
EFP is only liable for wilful action or gross negligence of its employees or its agents for any damage caused to the customer during the processing of the business transaction.
Manufacturer warranties are exclusively subject to the manufacturer’s terms. Warranties made by EFP that go beyond manufacturer warranties are valid only when the product is used properly with proper maintenance and care. Excluded from the guarantee are normal wear and tear or normal wear of the product, as well as damage caused by the customer or a third party.
Instructions from product descriptions, user manuals, or instructions from EFP (e.g. no washing of running shoes in the washing machine, etc.) are to be followed to avoid any damage to the goods.
Because the current state of technology does not ensure constant and permanent data communication via the internet, EFP assumes no responsibility for any possible technical or electronic problems such as may occur during the ordering process or for the constant availability of our website. However, technical problems which are beyond the control of EFP can also lead to a delayed acceptance or processing of orders.
Exchanges not based on defects or other issues with the product, but merely because the item does not fit the customer or the customer does not like it, are possible for an indefinite period of time, provided that the product remains in new condition and the original invoice is available. The terms and conditions for returns as given under the section on order cancellation apply.
 

Place of jurisdiction and applicable law

 
The place of jurisdiction for all disputes arising from the business relationship with EFP is Steyr, Austria.
Scope
All transactions and business relationships between EFP – Handel & Service and customers in its online shop “on your marks” or “on your marks - InTeam” are exclusively subject to these general terms and conditions in the version valid at the time the order is placed. Any other customer terms and conditions require the advance, written, and express consent of EFP – Handel & Service and will otherwise not be accepted. EFP – Handel & Service, on your marks, and on your marks – InTeam are trade names of EFP – Handel & Service, Elisabeth Fischer, Kremsuferstraße 7, 4502 St. Marien, Austria (hereinafter referred to simply as “EFP”).