TERMS OF SERVICE

of Airbaxx Disc Golf, hereinafter referred to as Airbaxx Disc Golf

Scope of application

Contract basis.

. Airbaxx Disc Golf concludes contracts and provides services exclusively on the basis of written quotes prepared by Airbaxx Disc Golf and the specifications, as valid from time to time, which form part of a quote (e.g. individual documents or general folders), price lists and these Terms of Service.
Unless specific to a certain project (e.g. individual documents), specifications, price lists and terms of service, as amended from time to time, are thus applicable to all legal relationships between Airbaxx Disc Golf and the client and, from the conclusion of the first contract, therefore automatically govern also all other contracts that are concluded between Airbaxx Disc Golf and the relevant client, even if those price lists, product descriptions and Terms of Service are not explicitly incorporated by reference into these contracts.

Future changes.

Changes in the specifications, price lists and the Airbaxx Disc Golf Terms of Service will be notified to the client in writing and shall be deemed to have been agreed, unless the client objects to changes within two weeks.
Once the new agreement enters into force, changes in the Terms of Service will be applicable also to all other current contracts.

Supplementary agreements.

Any supplementary agreements, both prior to the conclusion and during the term of a contract, are valid only if made in writing. This shall also apply to any waiver of the written form requirement.

Contract elements of the client.

Even if Airbaxx Disc Golf is aware of the client’s requirements in respect of the service content, these will form part of the contract only if Airbaxx Disc Golf has integrated these into the offer or explicitly acknowledges these otherwise, for example by reference to these requirements.
Even if Airbaxx Disc Golf is aware of legal texts of the client, such as terms and conditions or contract clauses, these will be applicable only if Airbaxx Disc Golf accepts these by way of an additional note (such as “Terms and conditions accepted”) which expressly refers to and covers a legal text. Otherwise, Airbaxx Disc Golf expressly objects to the inclusion of the client’s legal texts such as terms and conditions or contract clauses.
Simply by having acknowledged the client’s service content requirements, Airbaxx Disc Golf shall not be deemed to have accepted the client’s legal texts, even if these contain legal elements (such as “Our terms of service are applicable”.)

Severability

. In case of any inconsistency between the quote, specifications (project-specific documents, general documents), price lists, if any, and Airbaxx Disc Golf’ s Terms of Service, these shall apply in the above order. The more individual elements will hence automatically amend the more general elements of the contract.

Inconsistencies.

Should any term of a contract be invalid or unenforceable, the invalid term shall be replaced by a valid term that closest reflects the economic meaning and purpose of the invalid term.

Conclusion of contract

Offer by Airbaxx Disc Golf

All offers submitted by Airbaxx Disc Golf to the client, for example as an individual offer to the client or as a non-personalized offer such as an order form, catalogue or web shop, are non-binding without exception.

Offer by the client.

Should the client award a contract to Airbaxx Disc Golf based on an offer made by Airbaxx Disc Golf or also absent an offer (e.g. if additional contracts are awarded in current business relationships), the client shall be bound by that order two weeks after it was received by Airbaxx Disc Golf.

Acceptance of an order by Airbaxx Disc Golf

Acceptance of an order by Airbaxx Disc Golf. A contract is therefore concluded only once Airbaxx Disc Golf has accepted the client’s order.
An order shall generally be accepted by way of acknowledgement, unless Airbaxx Disc Golf takes action on behalf of the client based on the order in a manner which suggests that Airbaxx Disc Golf will accept the order.
Airbaxx Disc Golf shall not be deemed to have accepted an order simply by confirming receipt of an order.

Scope of services, order processing and client’s duty to cooperate

Place of performance.

Place of performance shall be the domicile of Airbaxx Disc Golf.

Scope of services.

The scope of services to be provided by Airbaxx Disc Golf is defined in Airbaxx Disc Golf’s written specifications evident from all parts of the contract.
Information from other sources (such as presentation documents, websites or catalogues) that are not included in the offer do not form part of the specifications.
The client shall examine whether the specifications correspond to his requirements. Changes in the specifications can be made only consensually after the order was placed and can lead to changes in prices, deadlines and target dates.

Skillful and professional services.

Airbaxx Disc Golf owes the client skillful and professional services subject to the order submission date, unless the written specifications provide otherwise. If several options of professional execution exist, Airbaxx Disc Golf has a degree of freedom in executing the services, within the framework of the written specifications.

Interchangeable services.

Airbaxx Disc Golf may deviate from the specifications and replace services by other equivalent services, if this is compatible with the objectives of the order.

Third-party services.

Airbaxx Disc Golf may execute the services itself or rely on qualified third parties for the provision of the services (third-party services).

Agreed third-party services.

Whenever the Airbaxx Disc Golf services are based on specifically agreed services, components or rights of third parties, these components, services or rights constitute an agreed third-party service /third-party.
In this case, Airbaxx Disc Golf’s contractual obligation consists only in professional commissioning, coordination and processing, but not in professional execution of agreed third-party services / third party products.

Divisible services.

In case of divisible services, Airbaxx Disc Golf may make partial deliveries.

Forfeiture.

The client is obliged to timely collect all services ordered from Airbaxx Disc Golf or made available to Airbaxx Disc Golf for processing. If services are not collected in due time, Airbaxx Disc Golf may dispose of the services after three months and bill the costs of disposal to the client.

Deadlines and target dates.

All deadlines and target dates indicated by Airbaxx Disc Golf are non-binding, unless expressly marked as binding. This does not apply to delivery dates and deadlines stated in the webshop for contracts with consumers.

Inevitable or unforeseeable events.

In case of inevitable or unforeseeable events, including but not limited to any delay in the fulfilment of obligations by the client, and if inevitable or unforeseeable events occur with Airbaxx Disc Golf or its contractors, deadlines will be extended or target dates postponed for as long as such an inevitable and unforeseeable event prevails, including the time it takes to take the necessary organisational measures in such a case. Airbaxx Disc Golf shall notify the client thereof in writing.

Client’s duty to cooperate.

The client shall promptly provide any information in writing and make available all services to Airbaxx Disc Golf without request and in a format which permits these to be processed, which Airbaxx Disc Golf requires to provide its services.
This includes, but is not limited to nominating a contact person for the implementation of the contract, the provision of documents, materials and facilities, the coordination of order details, and the acceptance (release) of partial services and services.
The client shall promptly supply any information or provide any services that may be necessary only in the context of Airbaxx Disc Golf providing the services.
The client shall independently verify the fitness, accuracy and lawfulness of any information and services provided by them.
The client shall be liable for any damage suffered or incurred due to the client’s insufficient, delayed or omitted cooperation, including but not limited to any extra effort which Airbaxx Disc Golf has thereby incurred. If Airbaxx Disc Golf is unable to execute the services as agreed due to any omission of, delay in or insufficiency of cooperation by the client, Airbaxx Disc Golf, notwithstanding other rights, may discontinue the service, provide other services for other customers instead, and continue the execution of the services for the client hereunder not until after the completion of these services, provided that the client has fulfilled his cooperation duties until then. All target dates and deadlines will thereby be postponed.
If Airbaxx Disc Golf is held liable by third parties due to any infringement in connection with information or services provided by the client, the client shall hold harmless and indemnify and assist Airbaxx Disc Golf in connection with the defence of any claims of third parties.

Rights to services.

As a matter of general principle, all rights to the agreed services are due to Airbaxx Disc Golf or its licensors. The client is merely granted the right to use the services, having paid the agreed compensation in its entirety, in a scope that has been agreed or predefined by the licensors.
If no license scope was agreed, the client shall have the non-exclusive right to use the services for its own purposes and in its own business, but not the right to sublicense or transfer the services to third parties (or affiliated companies), with the right to process the services being limited to the legal unavoidable minimum.
Server licenses grant the client the right to use the services that were created by XXXXX and are defined in the specifications according to the scope defined above (non-exclusive, no right of sublicensing or transfer to third parties [or affiliated companies], use for the client’s own business, minimum right of processing) on a server for a defined number of users.
A concurrent-user license grants the client the right to use the services that were created by Airbaxx Disc Golf and are defined in the specifications according to the scope defined above (non-exclusive, no right of sub-licensing or transfer to third parties [or affiliated companies], use for the client’s own business, minimum right of processing) for a defined number of users. These users need not be specifically named.
A named user-user license grants the client the right to use the services that were created by Airbaxx Disc Golf and are defined in the specifications according to the scope defined above (non-exclusive, no right of sub-licensing or transfer to third parties [or affiliated companies], use for the client’s own business, minimum right of processing) for a defined number of named users registered in the software.
An on-device license grants the client the right to use the services that were created by Airbaxx Disc Golf and are defined in the specifications according to the scope defined above (non-exclusive, no right of sub-licensing or transfer to third parties [or affiliated companies], use for the client’s own business, minimum right of processing) for a client device to be indicated to Airbaxx Disc Golf.

Compensation

Prices.

Alle Preise verstehen sich ab Geschäftssitz bzw. -stelle von Airbaxx Disc Golf in Euro inkl. Umsatzsteuer in der gesetzlichen Höhe.

Additional services.

All services provided by Airbaxx Disc Golf which are not expressly covered by the agreed compensation, including but not limited to extra services agreed later on, will be charged separately.

Billing.

The client shall make equal partial payments when the order is placed, when the entire project is completed, and when agreed interim targets are achieved.

Advance on costs.

Furthermore, Airbaxx Disc Golf may ask for cost advance to cover its entire own expenditure for partial services to be provided next; this applies to new clients, if agreed third-party services are charged to the client or if the client appears to have economic difficulties, in case of the client’s prior default in payment and if the client appears to be unwilling to pay.

Partial services.

Furthermore, Airbaxx Disc Golf is entitled to bill partial services. Partial services mean, in any event, the individual items of the specifications and, in case of agile project management, the services provided in connection with an individual sprint.

Price adjustments.

Airbaxx Disc Golf may carry out a reasonable adjustment of prices in consideration of the Consumer Price Index on an annual basis for contracts concluded for an indefinite time and contracts that are renewed automatically.
Als Bezugsgröße für diesen Vertrag dient die Indexzahl, die sich für das jeweilige Monat vor dem Monat des Vertragsabschlusses errechnet. Schwankungen der Indexzahl nach unten bleiben unberücksichtigt. Die Preisanpassung erfolgt jeweils zum Ende des Kalenderjahres.
Auch sonst ist Airbaxx Disc Golf berechtigt, nach Vertragsabschluss eine angemessene Preisanpassung vorzunehmen, wenn sich die Kosten Leistungen der Leistungen um mehr als 3 % erhöhen, ohne dass dies von Airbaxx Disc Golf beeinflussbar ist. Die Kostenerhöhung ist von Airbaxx Disc Golf nachzuweisen, die fehlende Möglichkeit der Beeinflussung glaubhaft zu machen.

Wrongful withdrawal.

Airbaxx Disc Golf is still entitled to the agreed fee if the client withdraws from the entire or parts of the contract without Airbaxx Disc Golf having acted with gross negligence or premeditation. In these cases, Airbaxx Disc Golf must only accept savings from purchases not yet made. The same applies if Airbaxx Disc Golf withdraws from the contract for good cause within the client’s control.

Payment

Due dates.

Invoices of Airbaxx Disc Golf are payable without any deduction as of the invoice date. Services are generally provided not until full payment was made.

Payment due date.

Invoices issued by Airbaxx Disc Golf for online business are payable once the order was placed.

Other forms of payment.

Furthermore, the client may use all other forms of payment offered by Airbaxx Disc Golf. Payments are debited when the payment is made by the client.

Agreed third-party services.

Airbaxx Disc Golf is entitled to commission third-party services either in its own name or in the name of the client, and for its own account or for the account of the client.
If Airbaxx Disc Golf concludes the contract in its own name and/or for its own account, Airbaxx Disc Golf will do so solely in the client’s interest to simplify the implementation of the contract and the payment procedure.

Retention of title.

Airbaxx Disc Golf retains title to the goods supplied by Airbaxx Disc Golf until the client has paid the full purchase price and any related interest and costs. In case of default, Airbaxx Disc Golf may assert rights under the retention of title. In this case, client agrees that Airbaxx Disc Golf may collect the goods. The assertion by Airbaxx Disc Golf of retention of title does not operate as a withdrawal from the contract, unless Airbaxx Disc Golf specifically declares to withdraw from the contract.
If the client resells goods, the client will assign to Airbaxx Disc Golf his claim vis-à-vis the buyer for the purpose of security. Airbaxx Disc Golf may notify the buyer of that assignment.

No set-off and retention.

Even in case of closely related claims, the client may not set off its own claims against the claims of Airbaxx Disc Golf, unless the client’s claims were acknowledged by Airbaxx Disc Golf in writing or determined by a court. The client has no right of retention.

Payment by instalments.

Where Airbaxx Disc Golf and the client have agreed on payment by instalment, the full amount is due even if only one instalment was not paid in due time.

Late payment.

In case of late payment, statutory interest applicable between business undertakings, at least at a rate of 9% per year, are payable. The client shall pay all costs and expenses arising in connection with the recovery of an amount due, including but not limited to collection charges or other costs necessarily incurred for the proper assertion of rights.

Continued delay in payment.

After Airbaxx Disc Golf has unsuccessfully notified the client and granted another extension of at least 7 days, Airbaxx Disc Golf may immediately accelerate the payment of all services and partial services already provided, including those provided under other contracts concluded with the client, and temporarily suspend the provision of yet unpaid services until all compensations are paid in full.
If the client has not paid an invoice after Airbaxx Disc Golf has sent another reminder directly to the client’s management, granting another extension of at least 7 days, Airbaxx Disc Golf may withdraw from all contracts and recover compensation for lost profit. Also, Airbaxx Disc Golf is entitled not to execute or suspend services already paid.
Notwithstanding the above, Airbaxx Disc Golf is certainly entitled to lodge a complaint with the court immediately after the expiry of the due date

Liability

Classic works contract.

If Airbaxx Disc Golf provides services under a classic works contract, Airbaxx Disc Golf is liable for the attainment of objectives.

Interference by the client.

If the client arbitrarily interferes with the services of Airbaxx Disc Golf contrary to the terms of the agreement or makes undocumented changes which are no longer easy for Airbaxx Disc Golf to trace, the client shall be liable for any extra effort incurred by Airbaxx Disc Golf, e.g. in connection with completion, follow-up reviews, documentation, identification and allocation of defects, and corrective action.

Transfer of risk.

In case of shipment of goods, the risk will always transfer to the client as soon as Airbaxx Disc Golf has handed the goods over to the shipping company. Goods are principally shipped uninsured, unless the client has instructed Airbaxx Disc Golf to insure the goods at the client’s expense.

Guarantee.

Whenever a third party grants a guarantee for parts of contractor’s services, such guarantee shall be asserted directly vis-à-vis that third party (e.g. manufacturer’s guarantee).
Whenever Airbaxx Disc Golf has issued a guarantee, the time limit within which the guarantee can be asserted starts to run with handover. The guarantee claim expires six months after the client became aware of the guarantee event, but not later than with the expiry of the guarantee period. If the guarantee does not specify the content of the guarantee, Airbaxx Disc Golf will be liable only for usually expected properties.

Warranty.

The provisions of the legal warranty system are applicable and, in addition, any guarantees or customer services promised within the scope of the product description.

Error, shortfall exceeding fifty percent.

The right to avoid the contract on the grounds of error (Irrtum) or laesio enormis (Verkürzung über die Hälfte) shall be excluded.

Compensation for damage and other claims.

The client cannot seek compensation for damage and assert claims based on other liability provisions, including but not limited to recourse claims, unless these are based on severe gross negligence or premeditation of Airbaxx Disc Golf.
These claims forfeit six months after the damage and the damaging party were identified, and in any event, three years after the incriminated action.
This limitation of liability shall not include claims asserted due to personal injury and other mandatory liability rules.

Protective effects for the benefit of third parties.

For the avoidance of doubt, this Agreement does not produce any protective effects for the benefit of third parties.

Liability for agreed external services.

Third parties providing agreed external services do not act as vicarious agents of Airbaxx Disc Golf, are not involved in pursing Airbaxx Disc Golf’s interests, and are thus not part of Airbaxx Disc Golf’s sphere of risk.
Accordingly, any liability of Airbaxx Disc Golf for agreed external services itself based on fault, not including proper commissioning, coordination and processing thereof, is reduced to culpa in eligendo, and any strict liability of Airbaxx Disc Golf shall be excluded.
If external services are relied upon at the client’s instruction, as selected by the client, Airbaxx Disc Golf shall not be liable in any manner whatsoever.

Liability for free services.

Where Airbaxx Disc Golf provides services or parts of services free of charge, Airbaxx Disc Golf shall not be liable for these service parts.

Liability for used goods.

There is no right whatsoever to enforce any warranty for used goods.

Burden of proof.

The burden of proof cannot be shifted to Airbaxx Disc Golf. The client shall prove in particular the existence of a defect on the handover date, the date on which such defect was identified, the timely notification of the defect as well as the existence and level of fault.

Grace period.

. If the client does not fulfil the contract in accordance with the contract terms, the client may assert claims only if he has granted Airbaxx Disc Golf a reasonable grace period of at least 14 days in writing. This applies also if the contract is terminated for good cause.

Withdrawal.

The client may withdraw from the contract in writing by sending a registered letter.

Final provisions.

Applicable law.

All legal relationships and circumstances between the client and Airbaxx Disc Golf shall exclusively be governed by and construed in accordance with Austrian law, to the exclusion of international conflict of law rules.

CISG.

The provisions of the UN Sales Convention shall not apply.

Contractual Austrian standards (ÖNORM).

Unless explicitly agreed, contractual Austrian standards (ÖNORMEN) do not apply.

Jurisdiction.

All disputes arising between Airbaxx Disc Golf and the client shall be referred to the Austrian court having jurisdiction ratione materiae for the City of Salzburg. Airbaxx Disc Golf may also sue the client at the general venue of Airbaxx Disc Golf and that of the client.

Information on consumers’ right of withdrawal

Right of withdrawal

Consumers may withdraw from distance contracts within fourteen days without giving any reason.

Withdrawal period

The withdrawal period will expire after 14 days from the day

– in the case of a sales contract on which the consumer acquires, or a third party other than the carrier and indicated by the consumer acquires, physical possession of the goods;
– in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately, on which the consumer acquires, or a third party other than the carrier and indicated by the consumer acquires, physical possession of the last good;
– in the case of a contract relating to delivery of a good consisting of multiple lots or pieces on which the consumer acquires, or a third party other than the carrier and indicated by the consumer acquires, physical possession of the last lot or piece;
– in the case of a contract for regular delivery of goods during a defined period of time, on which the consumer acquires, or a third party other than the carrier and indicated by the consumer, acquires physical possession of the first good.

Exercise of the right of withdrawal

To exercise the right of withdrawal, consumers must inform AIRBAXX SPORTS – JOCHEN KOENIG, 6020 Innsbruck, Austria of their decision to withdraw from a contract by an unequivocal statement (e.g. letter sent by post, fax or e-mail). Consumers may use the model withdrawal form below, but it is not obligatory.

Effects of withdrawal

If consumers withdraw from the contract, Airbaxx Disc Golf shall reimburse to them all payments received from them, including the costs of delivery (with the exception of the supplementary costs resulting from the consumer’s choice of a type of delivery other than the least expensive type of standard delivery offered by Airbaxx Disc Golf) without undue delay and in any event not later than 14 days from the day on which Airbaxx Disc Golf is informed about the consumer’s decision to withdraw from this contract. Airbaxx Disc Golf will carry out such reimbursement using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise; the consumer will not incur any fees as a result of such reimbursement under any circumstances.
The consumer must return the goods immediately, in any case no later than within 14 days of informing Airbaxx Disc Golf that he wanted to withdraw. This deadline is met if the consumer sends Airbaxx Disc Golf the goods before the 14-day time limit has expired.
Airbaxx Disc Golf may refuse reimbursement until he has received the goods back or until the consumer has provided proof that he has returned the goods, whichever is the earliest.
The consumer shall be liable for any diminished value of the goods only resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods

The consumer will have to bear the direct cost of returning the goods.