Terms and Conditions
Peak Protect General Terms and Conditions
valid from 29 November 2024
Provider: Peak Protect
Address: Schmiedgasse 20, Leobendorf
Phone: +43 660 7013772
Email: 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 webshop. The webshop is aimed at Austria. The version valid at the time of contract conclusion shall prevail.
1.2. Customers within the meaning of these Terms and Conditions are consumers as defined by 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 under the age of 18 require the consent of their legal guardian.
2.2. All offers from Peak Protect are non-binding and constitute an invitation to submit an offer by the customer.
2.3. The ordering process consists of the following steps:
- Selection of the desired goods
- Entering personal data
- Accept the terms and conditions
- Choice of shipping and payment method
- Confirmation of 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 issuing an order confirmation.
2.5. Peak Protect is entitled to review and reject 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 quoted in euros and include statutory VAT. Shipping costs are charged separately.
3.2. Payment methods are displayed in the online shop. Peak Protect reserves the right to exclude individual payment methods after a credit check.
3.3. For purchases on account, the purchase price is due within 14 days of delivery of the goods. For advance payment, the purchase price is due immediately.
4. Delivery
4.1 Deliveries are only made within Austria, unless otherwise agreed.
4.2. If the delivery deadline is exceeded, the customer may set a grace period and withdraw from the contract after this period has expired.
4.3 Events of force majeure (e.g. strikes, unforeseeable delivery bottlenecks) shall result in a reasonable 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 appointed by the customer upon delivery.
6. Withdrawal and right of revocation
6.1. No voluntary right of withdrawal:
Peak Protect does not grant any voluntary right of withdrawal beyond the statutory provisions. Only the statutory right of withdrawal pursuant to the Federal Act on the Protection of Personal Data (FAGG) applies.
6.2. Right of withdrawal according to FAGG:
The customer has the right to withdraw from the contract within 14 days of conclusion of the contract without giving any reasons.
6.3. Form of revocation:
Cancellations must be made in writing (e.g., by email or letter). A sample cancellation form is provided.
6.4. Refund in case of cancellation:
In case of an effective revocation, Peak Protect will refund the customer only the value of the goods . Any delivery costs incurred will not be refunded. The refund will be made within 14 days of receipt of the cancellation, but no earlier than after receipt of the goods or proof of return.
In addition, a storage fee of €5.99 will be charged. This will be deducted directly from the refund amount.
6.5. Return costs:
The customer bears the direct costs of returning the goods. This also applies if the goods cannot be returned by mail due to their nature.
6.6. Non-acceptance or non-collection of the delivery:
If the customer is not at home upon delivery and does not collect the parcel within the time limit set by the shipping service provider, the shipment will be returned to Peak Protect. In this case, the customer has all costs incurred as a result , in particular
– the return costs
– and the costs of redelivery ,
to bear yourself.
Cancellations must be made in writing (e.g., by email or letter). A sample cancellation form is provided.
In addition, a storage fee of €5.99 will be charged. This will be deducted directly from the refund amount.
6.7 Incorrect delivery address / undeliverability
If the customer provides an incorrect or incomplete delivery address when placing the order and the delivery cannot be made as a result, the customer will bear the resulting costs (in particular return shipping costs and additional shipping costs). The shipping costs originally paid will not be refunded.
6.8 Returns and missing parts
For returns, the goods must be returned complete and in proper condition, including the original packaging, all accessories (e.g., carabiner, thank you card, extras such as gummy bears) and all documentation.
If any parts are missing or the original packaging is damaged upon return, we reserve the right to deduct a flat rate of €7.99 from the refund amount to cover the costs incurred.
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 privacy policy is available on the Peak Protect website and contains all relevant information regarding data processing.
10. Applicable law
10.1. All legal relationships between Peak Protect and the customer shall be governed exclusively by Austrian law.
11. Final provisions
12.1 Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.