Conditions

1 General - Scope

  1. The following terms and conditions apply to all business relationships between us (the iFLOW GmbH) and the customer. In each case, the valid version at the time of the conclusion of the contract is decisive.

  2. Consumers within the meaning of these General Terms and Conditions are customers who are consumers in accordance with § 1 Consumer Protection Act. Entrepreneurs within the meaning of these General Terms and Conditions are customers who are entrepreneurs within the meaning of § 1 Consumer Protection Act.

  3. Deviating, conflicting or supplementary terms and conditions, even if known, are not part of the contract, unless their validity is expressly agreed in writing.

2 Conclusion of the contract and consent to the transmission of information and contract confirmation by e-mail

  1. Our offers are non-committal and non-binding. Technical and other changes remain within the limits of what is reasonable for the customer.

  2. The customer makes a binding offer of contract order.

  3. We are entitled to accept the contract offer in the order within one week.

  4. If we are not supplied by a supplier on time without our fault (reservation of self-supply) or if our performance through force majeure, strike, lockout, natural disasters without our fault impossible or unreasonable, we can withdraw from the contract. The reservation of self-supply only applies to a consumer if we have concluded a congruent hedging transaction (a binding, timely and sufficient order) and are not responsible for the non-delivery of the goods in any other way. In this case, we will inform the customer immediately and immediately reimburse any services already rendered.

  5. In case of unavailability or only partial availability of the service, the customer will be informed immediately. The consideration will be refunded immediately.

  6. If the customer orders the goods by electronic means, the text of the contract will be stored by us and sent to the customer together with the legally valid terms and conditions by e-mail after the conclusion of the contract. The general terms and conditions are also made available to the customer prior to the conclusion of the contract.

  7. Invoices, credit notes, cancellations and reminders are always sent by e-mail. The customer must notify any changes to the e-mail address immediately and ensure that the known e-mail address is retrieved.

  8. The customer agrees that all information to be provided in accordance with the Fern- und Auswärtsgeschäfte-Gesetz (FAGG) will be sent to him by e-mail.

  9. We reserve the right to assign our claims to the customer to third parties.

3 Retention of title

  1. We reserve the ownership of the goods until full payment of the purchase price.

  2. The customer is obliged to treat the goods with care during the existence of the retention of title. The customer must immediately inform us in writing of any access by third parties to the goods, in particular of foreclosure measures, as well as of any damage or destruction of the goods. The customer must immediately notify a change of ownership of the goods as well as their own address change.

  3. The customer shall reimburse us for all damages and costs incurred as a result of a breach of these obligations and due to necessary intervention measures against third party access to the goods.

  4. We are entitled, in case of breach of contract by the customer, in particular in case of default, to withdraw from the contract and to demand the goods out. In addition, we are entitled, in case of breach of an obligation according to para. 2 to withdraw from the contract and to demand the goods out if we can no longer be expected to stick to the contract.

  5. The entrepreneur is entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice which accrue to him as a result of the resale against a third party and undertakes to affix a corresponding note in his books or on his invoices. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur fails to meet his payment obligations properly and is in default of payment.

  6. The processing and processing of the goods by the entrepreneur always takes place in our name and on our behalf. If the goods are processed, we acquire co-ownership of the new item in proportion to the value of the goods delivered by us. The same applies if the goods are processed or mixed with other objects not belonging to us.

4 Right of Withdrawal (Right of Withdrawal) - Distance Contract / Tele- and Online-Shopping Contracts

Right of withdrawal

 

Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons.

The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

In order to exercise your right of revocation, you must contact us (iFLOW GmbH, Zürcherstrasse 20, 6700 Bludenz, Austria, phone number: +43 5552 20400, e-mail address: office@iflow.biz ) by means of a clear statement (eg one sent by post Letter, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.

To maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.


Consequences of the cancellation
If you withdraw from this contract, we will have all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different type of delivery than the cheapest standard delivery we offer has to be repaid immediately and at the latest within fourteen days from the date on which the notice of your cancellation of this contract has been received by us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You bear the immediate costs of returning the goods. The costs are estimated at a maximum of 500, - EUR.

You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

The above right of withdrawal (right of withdrawal), unless the parties have agreed otherwise, does not apply to the following contracts:

  1. Services, if the entrepreneur - on the basis of an explicit request of the consumer in accordance with § 10 Fern- and Auswärtsgeschäfte-Gesetz and a confirmation of the consumer of his knowledge of the loss of the right of withdrawal in full performance of the contract - before the expiration of the withdrawal period under § 11 distance and outward transactions Law had begun with the execution of the service and the service was then fully provided,

  2. Goods or services whose price depends on fluctuations in the financial market, over which the entrepreneur has no influence and which can occur within the withdrawal period,

  3. Goods made to customer specifications or clearly tailored to personal needs,

  4. Goods that can spoil quickly or whose expiration date would quickly be exceeded,

  5. Goods that are delivered sealed and are not suitable for return for reasons of public health or hygiene, provided that their seal has been removed after delivery,

  6. Goods which, after being delivered, have been inseparably mixed with other goods due to their nature,

  7. alcoholic drinks whose price was agreed upon conclusion of the contract but which can not be delivered earlier than 30 days after the conclusion of the contract and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence,

  8. Sound or video recordings or computer software delivered in a sealed package, provided that their seal has been removed after delivery,

  9. Newspapers, periodicals or magazines other than subscription contracts for the supply of such publications,

  10. Accommodation, other than residential accommodation, transport of goods, rental of motor vehicles and the supply of food and beverages and services rendered in connection with leisure activities, as far as contractually provided for by the contractor by a specific date or period is

  11. the delivery of digital content not stored on a physical medium, if the entrepreneur - with the express consent of the consumer, associated with his knowledge of the loss of the right of withdrawal in the event of premature commencement of the contract, and after provision of a copy or confirmation in accordance with § 5 paragraph 2 or § 7 para. 3 Fern- und Auswärtsgeschäfte-Gesetz has started to deliver before the expiry of the withdrawal period (resignation period) according to § 11 Fern- und Auswärtsgeschäfte-Gesetz.

5 Remuneration and payment deduction

  1. The following provisions apply in the absence of individual contractually regulated conditions.

  2. The offered prices are daily prices and are valid until further notice. Prices are subject to change. All prices are shown to entrepreneurs as net prices plus VAT.

  3. In the case of a consignment purchase, the price plus any transport insurance and shipping costs are understood, provided they are shown at the latest before completion of the order process.

  4. The available payment methods will be announced before the order process is completed. We reserve the right to exclude individual payment. The customer will be informed about this in good time before completing the order process.

  5. Unless the payment method delivery against advance payment / advance payment has been agreed, the customer undertakes to pay the price within fourteen days after receipt of the service. After this period the customer is in default of payment. This period does not apply to agreed payment by credit card.

  6. During the delay, the consumer has to pay interest on the debt at an interest rate of 5 percentage points pa above the respective base interest rate.

  7. The entrepreneur has to pay interest on the debt in the amount of 9.2 percentage points pa above the respective base interest rate during the delay. With respect to the entrepreneur, we reserve the right to prove and assert a higher interest on late interest.

  8. The customer agrees to the incurred collection flat fee for the first reminder in the amount of EUR 5.00, for the second reminder in the amount of EUR 10.00, for a possible third reminder in the amount of EUR 15.00 and in particular collection charges or other for a proper legal action to bear necessary costs

  9. The entrepreneur has the right to offset only if his counterclaims have been legally established or are ready for decision or undisputed. The entrepreneur is not entitled to withhold payments to this extent.

  10. The consumer has the right to offset only in the event of our insolvency or counterclaims that have been judicially determined, or are undisputed.

  11. Payment deduction: The customer is obliged to indicate the purpose of use specified in our respective invoice for transfers. If the purpose of use is not the same as stated in our invoice, the customer is obliged to provide us with the receipt of the deposit slip or remittance slip by e-mail, fax or post to enable a reliable payment allocation. Up to a sufficient possibility to allocate the received payment, no fulfillment effect of a payment of the customer occurs.

6 Acceptance of delivery, right of withdrawal in case of non-acceptance and passing of risk

  1. The customer is obliged to accept the contractually agreed delivery.

  2. If the customer is not present at the first delivery attempt at the address specified by him in the order, he will be informed by the deliverer of the unsuccessful delivery attempt. The customer is obliged to arrange a new delivery date with the deliverer or to be present at the new delivery date announced in the delivery notification or to pick up the goods in a pick-up depot specified by the deliverer and to accept the contractually agreed delivery.

  3. If an acceptance does not materialize at the latest on the second delivery attempt, we are entitled to withdraw from the contract without granting a grace period.

  4. At the customer's risk of accidental loss and accidental deterioration of the goods with the handover, when sending purchase with the delivery of the goods to the carrier, the carrier or the person or institution otherwise intended to carry out the shipment to the customer. The latter does not apply to contracts with consumers.

  5. The transfer is the same if the customer is in default with the acceptance.

7 Warranty

  1. In cases of material defect warranty, the customer has the choice between repair and subsequent delivery. However, we are entitled to refuse the chosen type of supplementary performance if it is impossible or if we incur a disproportionately high cost compared to the other type of supplementary performance.
    For entrepreneurs, we provide for defects in the goods initially at our discretion by repair or replacement.

  2. If, despite setting a deadline, there is no adequate remedy, the customer may, at his option, reduce the price or, if it is not just a negligible defect, withdraw from the contract. Possibly. Claims for damages remain unaffected.

  3. Entrepreneurs must inspect the delivered goods within a reasonable time for defects and notify us in writing within a period of one week from receipt of the goods; Otherwise the assertion of warranty claims is excluded.

  4. Hidden defects must be reported to us in writing immediately after their discovery.

  5. In particular, the contractor bears the burden of proof for the existence of a defect, for the time of the discovery of the defect and for the timeliness of the notice of defect.

  6. The warranty period for consumers is two years from the delivery of the goods.

  7. The warranty period for entrepreneurs is one year from delivery of the goods.
    For used goods, the warranty period is one year from the delivery of the goods.
    We make no guarantees to our customers in the legal sense.

 8 Limitation of Liability and Indemnity

  1. We are liable, regardless of the legal grounds, for compensation or reimbursement of futile expenses in full only for damages of the customer due to intentional or grossly negligent behavior, fraudulent concealment of a defect, in the event of the assumption of express guarantees and guaranteed properties of the condition and / or durability, for damages resulting from injury to life, limb or health, for claims arising from product liability and in the event of mandatory statutory provisions.

  2. In the case of the simple negligent breach of essential contractual obligations, we are - without prejudice to the cases specified in paragraph 1 - liable only to a limited extent for the contractually typical damage reasonably foreseeable upon conclusion of the contract. Such obligations are obligations whose fulfillment makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and the compliance of which the contractual partner may regularly rely.

  3. Multiple claims that have the same cause of damage are considered a Damage Event (continuation context, action unit).

  4. Incidentally, our liability for property damage and financial loss is excluded. Insofar as legally applicable, legally binding liability regulations remain unaffected.

  5. Insofar as our liability to the customer is limited or excluded, this shall apply accordingly to legal representatives, employees, freelancers and other vicarious agents.

  6. We are only liable for own content on the website of our online shop. As far as we allow access to other websites with links, we are not responsible for the foreign content contained therein. We do not adopt the foreign content. If we become aware of illegal content on external websites, we will immediately block access to these pages and delete the link.

 9 Privacy

1.      With our " Privacy Policy " we inform our customers about:

  • The nature, extent, duration and purpose of the collection, processing and use of the personal data required for the execution of orders and invoices;

  • his right of objection to the creation and use of his anonymised user profile for purposes of advertising, market research and the needs-based design of our offer;

  • the transfer of data to companies commissioned by us and obligated to observe the legal data protection regulations for the purpose and duration of the credit check as well as the dispatch of the goods;

  • the right to free information of your personal data stored by us;

  • the right to correct, delete and block his personal data stored by us.

  • in the case of an assignment of our claims against the customer to a third party (assignee), the transfer of the data required for the execution of orders and settlements to the assignee.

 
Second      Each about no. 1 collection, processing and use of personal data requires the consent of the customer. The customer has the opportunity to grant this consent before explaining his order. The customer has the right to revoke consent at any time with effect for the future (see "Data Protection Permission") as well as the right to inspect the content of his consent at any time.

10 Special data protection regulations / consent to the use of your data:
 

  1. With the payment method purchase on account or purchase by direct debit, we check whether your request for an invoice purchase or a purchase by direct debit, taking into account possible payment default risks, can be met. For this purpose an identity and credit check for the payment methods "purchase on account" or "purchase by direct debit" is carried out on our order when ordering .

  2. All data transmissions are within the scope of the legally permissible and will not be forwarded to third parties for marketing purposes.

  3. By agreeing to this privacy policy, you agree that we use your details (first and last name, street, house number, zip code, city, date of birth, telephone number and, when you purchase via direct debit, your personal details for the purpose of identity and credit checks) as well as the data in connection with your order (such as shopping cart, order history, payment experiences, IP address, along with the personal information and the personal data) in the context of this privacy policy, store and use.

  4. You further agree that we or our affiliated companies may transmit your personal information to third parties for the purposes of identity and credit checks and may receive information about you and, if necessary, credit information based on mathematical and statistical procedures. We point out your right to object.

  5. By agreeing to this Privacy Policy, we and our affiliated affiliates are also authorized to store, process, use and disclose data on any non-contractual behavior (eg undisputed outstanding claims) to third parties. Third parties store and transmit the data to their counterparts in the EU single market to provide them with information to assess the creditworthiness of natural persons. To determine the debtor, third parties provide address data. When providing information, third parties may additionally provide their contractual partners with a probability value calculated from their respective database for assessing the credit risk (score method).

  6. You also agree that we transfer the personal data collected from you to our respective merchandising partner, via which you have requested the contractual goods from us. By agreeing to this, you allow the respective merchandising partner to use your personal data for statistical purposes as well as to improve its offer and for advertising or promotional purposes.

  7. In compliance with the relevant data protection regulations, your personal data beyond the purposes of identity and credit check only for settlement of payment for billing purchases or for purchases by direct debit (including dunning and collection procedures), to provide customer service by the dealers connected to us and disclosure used in legal or regulatory obligations (eg fraud and money laundering prevention).

  8. We reserve the right, for the purposes set out above, to provide personal information to, or to grant access to, any merchants, third parties or financial partners we have appointed to do so, to the extent necessary to perform its duties.

  9. We explicitly point out that we transmit your address data (name, address, date of birth) for the purpose of credit check and payment method selection to the credit agency appointed by us in the trade register, from which we use information on your previous payment history and credit information based on mathematical procedures refer to address data. Payment experience data, in particular on undisputed and unpaid receivables and address data, are transmitted to the authorized and authorized credit bureau for the lawful use.

  10. At your request the company, address, telephone number and   E-mail address of the credit agency commissioned by us immediately announced.

  11. You can revoke your consent to the collection, processing, use or transmission of your personal data at any time. Even with a revocation we remain entitled to process, use or transmit your personal data, as far as necessary or legally required for the contractual handling of the invoice purchases or purchases by direct debit or is required by a court or an authority. Furthermore, you are entitled to receive free information about the data stored by us and to correct, block or delete this data if necessary.

  12. If you have questions in connection with the collection, use, processing or transmission of your personal data and for information, correction, blocking or deletion of this data, please contact the company data protection officer in writing: Thomas Ebster, Tel. +43 5552 20400

 

11 Settlement of disputes

Consumers are advised that they can use online dispute resolution to settle disputes.

Link to the online dispute resolution platform: http://ec.europa.eu/consumers/odr/

Our eMail: office @ iflow. biz

 

12 Final Provisions

  1. Austrian law applies, excluding the conflict of laws provisions. The provisions of the UN Sales Convention do not apply. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

  2. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. In this case, the parties agree to replace the wholly or partially ineffective provision in the case of contracts with entrepreneurs by a provision whose economic success comes as close as possible to that of the invalid one. This also applies if the contract contains a gap.

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Founded in 2012, iFLOW GmbH is an international company from Vorarlberg / Austria whose core competencies are sportswear and hardgoods.

Years of experience in the outdoor and sports industry, combined with specialist competencies and the latest technology standards are incorporated into the innovative iFLOW products.

The focus is on unique design and quality at a fair price. The drive is the pure passion to create sports products for passionate people. The products bear the title "Austrian Design". For the iFLOW founders it is very important to ensure a fair production. Therefore, the company cooperates exclusively with production partners within an outstanding and high-quality business network.

With a headquarters in Bludenz and a showroom in Ma. Enzersdorf, exclusive dealers and distributors worldwide, the company is experiencing steady growth.

In autumn 2015, the Vorarlberg-based company was able to record a special success. Skolder®, the world's only skydiving system, was the entry to produce for the renowned sales expert Jochen Schweizer in the future. The Skolder® invention or iFLOW promptly won the German investment show "The Cave of the Lions" and thus also the hearts of investors.

Since then iFLOW GmbH enjoys even more national and international popularity around the world

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