Blue Tomato Snowboardshop
Snowboard Dachstein Tauern GmbH
Tel: 0043 (0) 3687-24223-33
Fax: 0043 (0) 3687-22474
Webmaster / Reponsible for content: Alexandra Reiner, Alexander Zezula, Paul Becker, Vanessa Waldenhofer.
HL komm Telekommunikations GmbH
04107 Leipzig / Germany
International Content-Delivery-Network Provider (for pictures and videos):
530 Lakeside Drive, Suite 140
Sunnyvale, CA 94085 / USA
§ 1 LEGAL STATEMENT
By using the Blue Tomato website and by ordering products from Blue Tomato via the website or by phone, fax or email, you are agreeing to be bound by the terms & conditions set out underneath. If you do not agree with these terms and conditions without modification, then you should not use this website.
§ 2 CLOSURE OF PURCHASE CONTRACT AND CANCELLATION
1. Claims from Blue Tomato on the website or in other media do not state any final offers, they state however an invitation to a possible offer for customers. An order by a customer becomes a valid offer when a purchase is completed. When an order is placed by a customer they receive a confirmation per email. This confirmation does not incur that the offer has been accepted by Blue Tomato. The purchase is only classed as final when the delivery confirmation of the ordered products is sent by Blue Tomato.
2. If Blue Tomato cannot fulfil the order made by a customer or should certain products in an order not be available then the customer will be informed.
3. Blue Tomato reserves the right to withdraw from the sales contract in cases of print or wording mistakes on the website.
4. The customer has a cancellation right without reason with a withdrawal period of 14 days whereby Saturdays do not classify as work days. The period starts from the day of receipt of the products by the customer. It is sufficient when the withdrawal explanation is send during this period. The customer has no right to cancel for used products or on purchases of audio or video recordings if these are seen as being „opened“ by the customer.
5. Should the customer withdraw from the contract, Blue Tomato will return monies paid by the customer within 14 days. If the customer should wish they can also use the paid sum as a credit on other products instead.
6. The resulting return costs of sending a product back have to be paid by the customer. If the customer wishes to make an exchange then the delivery costs for sending out the new product will be covered by Blue Tomato. Should Blue Tomato send the customer an incorrect or faulty product then Blue Tomato will pay the return delivery costs back to the customer within 14 days of receipt of the return.
7. All offer are valid as long as stocks last. Should a supplier despite contractual agreement with Blue Tomato not be able to deliver the ordered products then Blue Tomato has the right to cancel a contract with a customer. In this case the customer will be informed in good time that the ordered product cannot be delivered. Any already paid monies will be returned within 14 days of cancellation to the customer or used for other products if this is the wish of the customer.
§ 3 DELIVERY
1. Should nothing different be requested by the customer then the delivery address entered by the customer will be used.
2. The delivery periods stated in the order and delivery confirmations or on the website pages apply. Blue Tomato has a duty to ensure that the order is delivered within 30 days of the order.
3. If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was within the stated delivery period or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery.
4. The delivery is sent from the Blue Tomato stock, the same location where the delivery starts with the delivery company. When the order is in the hands of the delivery company, at the latest when it leaves Blue Tomato stock, the risk is in the hands of the customer. The risk is also in the hands of the customer if there is a delay in the delivery due to reasons caused by not being present upon delivery.
5. Delivery and performance mistakes due to acts of God are not the responsibility of Blue Tomato. The results of outside influences give Blue Tomato the right to delay a delivery or to cancel non completed parts of orders. Acts of God include strike, blockades, import and export restrictions and other national interventions regardless whether they effect directly Blue Tomato or distributors to Blue Tomato.
6. In the case of effects of acts of God which will cause a delay of a delivery, we will of course inform the customer without delay.
§ 4 PAYMENT AND LATE PAYMENTS
1. All product prices at Blue Tomato include the legal sales tax and are stated in Euros. The prices are valid until otherwise revoked.
2. Customers from not EU countries can order at Blue Tomato minus sales tax. The removal of the land specific taxes is in charge of the customer and is not under the responsibility of Blue Tomato. Eventually incoming tariffs have to pay the customer.
3. The retail price is payable upon placement of an order.
4. The customer can pay the order sum by credit card, cheque or prepayment and in all EU countries can also pay by cash on delivery. In the case of payment on delivery a delivery charge is incurred.
5. Should the customer delay in paying, Blue Tomato has the right to charge interest on the delayed payment to the level of 5%, the recommended rate set by the Austrian National Bank. If Blue Tomato chooses to incur a higher rate of interest for delay, Blue Tomato has the right to implement this.
§ 5 INVOKE A WITHHOLDING RIGHT AFTER NOTIFICATION OF DEFECTS
A right to withhold may be invoked by the customer only when his complaints have been recognised legally or by Blue Tomato.
§ 6 PROPRIETARY RIGHTS
All of our deliveries and performances occur under proprietary right. Until the delivered/ordered products have been paid for in full by the customer they remain the property of Blue Tomato.
§ 7 GUARANTEE
1. The guarantee period covers 2 years and begins the day the customer accepts the product.
2. Claims against Blue Tomato regards a manufacture guarantee are legally excluded. Requirements in line with a manufacturer guarantee can only be claimed against the manufacturer and not Blue Tomato.
3. The guarantee is not valid against wear and tear caused by normal daily use of a product.
4. Should a product be faulty or damaged then Blue Tomato is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If Blue Tomato is not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected then the customer is entitled to cancel his purchase or to ask for an appropriate reduction from the retail price.
5. If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then Blue Tomato will bill the customer the costs of carrying out a warranty claim and returning the product to the customer.
§ 8 DISCLAIMER
Blue Tomato uses reasonable endeavours to make the Blue Tomato site easy to use and free of problems. Blue Tomato makes no (and expressly disclaims all) warranties or representations of any kind, express or implied by operation of law or otherwise including but not limited to warranties of satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy, completeness and/or currency, with respect to this site or its contents including but not limited to all information accessible via this site, products and materials, text graphics, hyperlinks and with respect to sites accessed from the Blue Tomato website.
§ 9 PARTNER LINKS
Blue Tomato has chosen partners to have links from its site. However these sites are not within our control and we cannot be held responsible in any way for the content or services on these sites nor can we vouch for the privacy practices operated on those sites.
§ 10 DATA PROTECTION
1. The customer is aware of the type, extent, location and purpose for the collection, processing and utilisation of personal data obtained from the completion of an order or the registration of an email newsletter.
2. The customer gives his/her consent for this collection, processing and utilisation of personal data.
§ 11 APPLICABLE LAW AND JURISDICTION
1. This web site was created and is served from Austria, Austrian law therefore governs it and should any legal discrepancy occur, it will be dealt with in an Austrian court of law.
2. If the customer has not general legal jurisdiction in his/her country, has changed residence since the purchase contract was made or has a temporary residence in another country or his/her residence is not fixed/known at the time of the suit, then Schladming will be applied as the jurisdiction for any disputes arising as a result of a contract.
§ 12 SEVERABILITY CLAUSE
Should certain terms of the current contract be ineffective or unfeasable or after contract closure be ineffective or unfeasable, then the validity of the contract still remains unchanged. The above stated terms satisfy in the case that a contract is incomplete.