1. APPLICATION, DEFINITIONS OF TERMS
1.1 SKYTAT GmbH, Wollzeile 11 / 2nd floor, 1010 Vienna, Austria (hereinafter: “we” or “SKYTRADERS Community”) operates an online shop on the website https://shop.skytraders.community/. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
1.2 “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that is equipped with the ability to acquire rights and enter into liabilities .
1.3 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise regulated.
1.4 These terms and conditions apply accordingly to contracts for the delivery of tickets, unless expressly agreed otherwise. These terms and conditions only regulate the sale of tickets for certain events specified in the seller’s item description and not the implementation of these events. The legal provisions in the relationship between the participant and the organizer as well as any deviating conditions of the organizer apply exclusively to the implementation of the events. If the seller is not also the organizer at the same time, he is not liable for the proper execution of the event, for which the respective organizer is solely responsible.
1.5 These terms and conditions apply accordingly to contracts for the provision of digital content, unless otherwise agreed. Digital content within the meaning of these terms and conditions is data that is created and provided in digital form.
1.6 The subject of the contract can – depending on the seller’s description of the content – be both the one-off provision of digital content and the regular provision of digital content.
2. CONCLUSION OF CONTRACTS, STORAGE OF CONTRACTUAL TEXT
2.1 The following regulations on the conclusion of a contract apply to orders via our online shop at https://shop.skytraders.community/.
2.2 Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
2.3 When an order is received in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully going through the ordering procedure provided in our online shop. The order is made in the following steps:
- selection of the desired goods,
- Adding the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Into the shopping bag” or similar),
checking the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “To the order overview” or similar),
- Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
- Completion of the order by clicking the “Buy now” button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days at the e-mail address provided.
2.4 If the contract is concluded, the contract is concluded with SKYTAT GmbH, Wollzeile 11 / 2nd floor, 1010 Vienna, Austria.
2.5 Before ordering, the contract data can be printed out or saved electronically using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, takes place by e-mail after you have placed the order, partly automatically. We do not save the text of the contract after the conclusion of the contract.
2.6 Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “Back” button of the browser). They can also be corrected by aborting the ordering process prematurely, closing the browser window and repeating the process.
2.7 The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
3. SUBJECT OF THE CONTRACT AND ESSENTIAL CHARACTERISTICS OF THE PRODUCTS
3.1 In our online shop, the subject matter of the contract is:
- The sale of goods and services. The specific goods and services offered can be found on our article pages.
3.2 The main features of the goods and services (online courses, coaching, seminars, events, etc.) can be found in the item description.
3.3 The restrictions evident from the product description or otherwise resulting from the circumstances apply to the sale of digital products, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.
4. PRICES, SHIPPING AND DELIVERY
4.1 The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
4.2 The respective purchase price is to be paid before delivery of the product (payment in advance), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
4.3 In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is shown as being free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if necessary in the shopping cart system and on the order overview.
4.4 Unless clearly stated otherwise in the product description, all products offered are ready for immediate dispatch (delivery time: 2 days after receipt of payment).
5. RIGHT OF RETENTION, RESERVATION OF TITLE
5.1 You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
5.2 The goods remain our property until the purchase price has been paid in full.
6. RIGHT OF CANCELLATION Withdrawal
6.1 As a consumer, you have a right of Revocation. This is based on our revocation policy.
7.1 Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts is limited to intent or gross negligence.
7.2 In the event of slight negligence, we shall be liable without limitation in the event of injury to life, limb or health or in the event of a breach of an essential contractual obligation. If we are in arrears with the service due to slight negligence, if the service has become impossible or if we have violated an essential contractual obligation, liability for property damage and financial losses attributable to this is limited to the foreseeable damage typical of the contract. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes in particular our obligation to take action and to fulfill the contractually owed service, which is described in 3.
8. CONTRACT LANGUAGE
8.1 As contract language german will be available exclusively.
9.1 The warranty is based on the statutory provisions.
9.2 In relation to entrepreneurs, the warranty period for delivered items is 12 months.
9.3 As a consumer, you are asked to check the item/the digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you do not comply, this will of course have no effect on your statutory warranty claims.
10. REDEMPTION OF VOUCHERS
10.1 Vouchers that can be purchased via the seller’s online shop (hereinafter “vouchers”) can only be redeemed in the seller’s online shop and company network, unless the voucher states otherwise.
10.2 Vouchers can only be used to purchase goods and services and not to purchase further gift vouchers.
10.3 The balance of a voucher is neither paid out in cash nor does it earn interest.
10.4 The voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the voucher in the online shop and company network of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
11. FINAL PROVISIONS
11.1 Austrian law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favourability).
11.2 The provisions of the UN Sales Convention expressly do not apply.
11.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the location of the provider.
12. SEVERABILITY CLAUSE
12.1 The invalidity or nullity of one or more provisions of this contract shall not affect the validity of the remainder of this contract. The void or ineffective part shall be replaced by a provision that most closely reflects the economic sense and purpose of the contract.