Terms and Conditions
General Terms and Conditions of Peak Protect
valid from November 29, 2024
Provider: Peak Protect
Address: Schmiedgasse 20, Leobendorf
Phone: +43 660 7013772
E-Mail: peak-protect@gmx.at
Memberships: Member of the Austrian Federal Economic Chamber (WKO)
Supervisory authority: BH Korneuburg
1. Scope
1.1. These General Terms and Conditions (GTC) apply to all business relationships between Peak Protect and the customer for transactions concluded via the Peak Protect web shop. The web shop is aimed at Austria. The version valid at the time the contract is concluded is decisive.
1.2. Customers within the meaning of these Terms and Conditions are consumers according to the Austrian Consumer Protection Act (KSchG). Consumers are natural or legal persons for whom the purpose of the order cannot be attributed to a commercial, self-employed or pre-professional activity.
2. Offer/Conclusion of Contract
2.1 Customers who are under 18 years of age require the consent of their legal guardian.
2.2. All offers from Peak Protect are non-binding and represent an invitation to the customer to submit an offer.
2.3. The ordering process takes place in the following steps:
- selection of the desired goods
- entering your personal data
- Acceptance of the Terms and Conditions
- choice of shipping and payment method
- confirmation of the order
2.4. By placing an order, the customer makes a binding offer to conclude a purchase contract. The contract is concluded when Peak Protect accepts the order by means of an order confirmation.
2.5. Peak Protect is entitled to review and reject the acceptance of the order within 3 working days, for example after checking the availability of the goods or the customer's creditworthiness.
3. Prices and payment terms
3.1. All prices are stated in euros and include statutory VAT. Shipping costs are charged additionally.
3.2. The payment methods are displayed in the webshop. Peak Protect reserves the right to exclude individual payment methods after a credit check.
3.3. When purchasing on account, the purchase price must be paid within 14 days of delivery of the goods. When paying in advance, the purchase price is due immediately.
4th delivery
4.1 Deliveries are only made within Austria, unless otherwise agreed.
4.2 If the delivery deadline is exceeded, the customer can set a grace period and withdraw from the contract after expiry of this period.
4.3 Events of force majeure (e.g. strikes, unforeseeable delivery bottlenecks) will lead to an appropriate extension of the delivery period.
5. Transfer of Risk
5.1 The risk of accidental loss or deterioration of the goods shall pass to the customer or to a third party commissioned by the customer upon delivery.
6. Withdrawal and Right of Cancellation
6.1. Peak Protect grants the customer a voluntary right of withdrawal of 30 days, starting with the receipt of the goods. The goods must be returned unused and complete.
6.2. The customer has the right to withdraw from the contract within 14 days after conclusion of the contract without giving reasons (right of withdrawal according to FAGG).
6.3. The cancellation must be declared in writing (e.g. by email or letter). A sample cancellation form is provided.
6.4 In case of cancellation, Peak Protect will refund all payments, including delivery costs, within 14 days.
6.5. Return costs:
The customer bears the direct costs of returning the goods. This also applies if the goods cannot be returned by normal mail due to their nature.
7. Retention of title
7.1. The goods remain the property of Peak Protect until full payment has been made. The customer undertakes not to resell or pledge the goods until payment has been made.
8. Warranty and Liability
8.1 Peak Protect provides a warranty for defects in the goods in accordance with the statutory provisions.
8.2 Liability for damages resulting from gross negligence or intent remains unaffected.
9. Data Protection
9.1. Peak Protect processes the customer's personal data only within the framework of the statutory provisions. A detailed data protection declaration is available on the Peak Protect website and contains all relevant information on data processing.
10. Applicable Law
10.1. All legal relationships between Peak Protect and the customer are subject exclusively to Austrian law.
11. Alternative dispute resolution
11.1 Consumers have the opportunity to submit complaints to the EU's online dispute resolution platform: http://ec.europa.eu/odr . Further information can be found in the dispute resolution statement on the Peak Protect website.
12. Final provisions
12.1 Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.