Terms of service

Scope of application
Conclusion of the contract
Right of withdrawal
Prices and payment terms
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
Liability
Redemption of promotional vouchers
Redemption of gift vouchers
Applicable law
Place of jurisdiction
Code of conduct
Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Dartgarage GmbH (hereinafter "we/us") apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter "you/your"), conclude with us regarding the goods presented by us in our online shop. We hereby object to the inclusion of your own terms and conditions, unless we have agreed otherwise with you.

1.2 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise provided in this regard.

1.3 For the purposes of these General Terms and Conditions, you are a consumer if you conclude a legal transaction for purposes that cannot predominantly be attributed to either your commercial or self-employed professional activity.

1.4 For the purposes of these General Terms and Conditions, you are an entrepreneur if you are a natural person or legal entity, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of your commercial or self-employed professional activity.

2) Conclusion of the contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve as the basis for submitting a binding offer by you.

2.2 You can submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. You may also submit the offer to us by email, via the online contact form, or by telephone.

2.3 We may accept your offer within five days,

by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by you is decisive in this respect, or
by delivering the ordered goods to you, whereby receipt of the goods by you is decisive in this respect, or
by requesting payment from you after you have submitted your order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day following the submission of your offer and ends at the end of the fifth day following the submission of the offer. If we do not accept your offer within the aforementioned period, this constitutes rejection of the offer, with the consequence that you are no longer bound by your declaration of intent.

2.4 When you select a payment method offered by PayPal, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if you do not have a PayPal account - subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If you pay using a payment method offered by PayPal that can be selected during the online ordering process, we hereby declare our acceptance of your offer at the time you click the button that completes the ordering process.

2.5 When you submit an offer via our company's online order form, we store the contractual text after the contract has been concluded and send it to you in text form (e.g. by email, fax or letter) after you have submitted your order. We do not provide any further access to the contractual text. If you have created a user account in our online shop before submitting your order, the order data will be archived on our website and can be accessed free of charge via your password-protected user account by entering the relevant login details.

2.6 Before you submit your order through our online order form in a binding manner, you can identify any possible input errors by carefully reading the information displayed on the screen. An effective technical means of improving the detection of input errors may be your browser's zoom function, which enlarges the display on the screen. You can correct your entries using the usual keyboard and mouse functions throughout the electronic ordering process until you click the button that completes the ordering process.

2.7 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.8 Order processing and contact are generally carried out by email and automated order processing. You must ensure that the email address you provide for order processing is correct so that emails sent by us can be received at this address. In particular, when using SPAM filters, you must ensure that all emails sent by us or by third parties commissioned by us to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in our withdrawal instructions.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address are located outside the European Union at the time of conclusion of the contract.

4) Prices and payment terms

4.1 Unless otherwise stated in our product description, the prices indicated are total prices that include statutory value-added tax. Any additional delivery and shipping costs are stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which we are not responsible and which you must bear. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, currency conversion fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in connection with the transfer of funds if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.

4.3 The available payment method(s) will be communicated to you in our online shop.

4.4 If payment in advance by bank transfer has been agreed, payment shall be due immediately upon conclusion of the contract, unless we have agreed a later due date with you.

4.5 If you select a payment method offered via the "PayPal" payment service, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If we also offer payment methods via PayPal under which we make advance payments to you (e.g. purchase on account or payment by instalments), we assign our payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our assignment declaration, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. We reserve the right to refuse you the selected payment method in the event of a negative result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, you may make payment with discharging effect only to PayPal or the payment service provider commissioned by PayPal. However, even in the event of an assignment of the claim, we remain responsible for general customer inquiries, e.g. concerning the goods, delivery time, shipment, returns, complaints, declarations of revocation and their submission, or credit notes.

4.6 If you select the "Sofortüberweisung" payment method, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofortüberweisung", you must have an online banking account activated for participation in "Sofortüberweisung", authenticate yourself accordingly during the payment process, and confirm the payment instruction. Klarna will then carry out the payment transaction immediately and debit your bank account. Further information about the "Sofortüberweisung" payment method can be found online at https://www.klarna.com/sofort/ access.

4.7 If you select a payment method offered via the "Shopify Payments" payment service, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to you in our online shop. Stripe may use additional payment services to process payments, for which special payment terms may apply and about which you may be informed separately. Further information about "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de available.

4.8 If you select the invoice purchase payment method, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de) within 30 days of the invoice date without deduction, unless otherwise agreed. The invoice purchase payment method requires a successful credit check by Klarna AB. If, following the credit check, you are permitted to use the invoice purchase payment method, payment will be processed in cooperation with Klarna AB, to which we assign our payment claim. In this case, you may make payment with discharging effect only to Klarna AB. In all other respects, Klarna AB’s General Terms and Conditions apply, which you can access during the ordering process. We reserve the right to offer the invoice purchase payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, we will inform you of the corresponding payment restriction in your payment information in the online shop.

4.9 If you select the payment method “PayPal Invoice”, we assign our payment claim to PayPal. Before accepting our declaration of assignment, PayPal will conduct a credit check using the customer data provided. We reserve the right to refuse you the payment method “PayPal Invoice” in the event of a negative result. If PayPal approves the payment method “PayPal Invoice”, you must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment deadline. In this case, you may make payment with discharging effect only to PayPal. However, even in the event of the assignment of the claim, we remain responsible for general customer inquiries, e.g. concerning the goods, delivery time, dispatch, returns, complaints, declarations and submissions of revocation, or credits. In addition, PayPal’s General Terms of Use for the use of PayPal’s invoice purchase service apply, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.10 If you select the payment method “PayPal Direct Debit”, PayPal will debit the invoice amount from your bank account, on our behalf, after a SEPA direct debit mandate has been issued, but not before the expiry of the period for advance notification. Advance notification (“Pre-Notification”) means any communication (e.g. invoice, policy, contract) to you announcing a charge by SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or because incorrect bank details were provided, or if you object to the debit even though you are not entitled to do so, you shall bear the fees incurred by the respective credit institution for reversing the debit if you are responsible for this.

4.11 If the credit card via Stripe payment method is selected, the invoice amount shall be due immediately upon conclusion of the contract. Payment processing shall be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit assessment.

4.12 If a payment method offered via the payment service "Klarna" is selected, payment processing shall be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions in this regard can be found here:

https://dartgarage.at/policies/shipping-policy

5) Delivery and Shipping Terms

5.1 If we offer shipment of the goods, delivery shall be made within the delivery area specified by us to the delivery address specified by you, unless otherwise agreed. When processing the transaction, the delivery address specified in our order processing shall be decisive. By way of derogation, if the PayPal payment method is selected, the delivery address you provided to PayPal at the time of payment shall be decisive.

5.2 For goods delivered by freight forwarder, delivery shall be made "free to the kerb", i.e. to the public kerb closest to the delivery address, unless otherwise stated in the shipping information in our online shop and unless otherwise agreed.

5.3 If delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. With regard to the costs of dispatch to you, this shall not apply if you effectively exercise your right of withdrawal. In the event that you effectively exercise your right of withdrawal, the provision in our withdrawal instructions regarding the costs of returning the goods shall apply.

5.4 If you are acting as a business, the risk of accidental loss and accidental deterioration of the goods sold shall pass to you as soon as we have delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment. If you are acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall generally pass to you only upon delivery of the goods to you or a person authorized to receive them. By way of derogation, the risk of accidental loss and accidental deterioration of the goods sold shall also pass to you, even if you are acting as a consumer, as soon as we have delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment, if you have commissioned the carrier, freight forwarder or other person or institution designated to carry out the shipment and we have not previously named this person or institution to you.

5.5\ We reserve the right to withdraw from the contract in the event that we are not supplied correctly or properly. This shall apply only if the failure to deliver is not attributable to us and we have concluded a specific covering transaction with the supplier with the required diligence. We shall make all reasonable efforts to procure the goods. In the event that the goods are unavailable or only partially available, you shall be informed without delay and the consideration shall be refunded to you without delay.

5.6\ For logistical reasons, collection in person is not possible.

5.7\ Vouchers shall be provided to you as follows:

by download
by email

6) Retention of title

If we make advance delivery, we reserve title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided for in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following shall apply to contracts for the supply of goods:

7.1\ If you act as a business,

we shall have the choice of the type of subsequent performance;
in the case of new goods, the limitation period for claims based on defects shall be one year from delivery of the goods;
in the case of used goods, claims based on defects are excluded;
the limitation period shall not recommence if a replacement delivery is made as part of liability for defects.

7.2\ The above liability limitations and reductions of time limits shall not apply

for your claims for damages and reimbursement of expenses,
in the event that we fraudulently concealed the defect,
for goods that have been used for a building in accordance with their customary manner of use and have caused its defectiveness,
for any obligation we may have to provide updates for digital products, in contracts for the supply of goods with digital elements.

7.3\ Furthermore, for businesses, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4\ If you act as a consumer, you are requested to complain to the delivery person about goods delivered with obvious transport damage and to inform us accordingly. Failure to do so shall have no effect whatsoever on your statutory or contractual claims for defects.

8) Liability

The seller shall be liable to you for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1\ We shall be liable without limitation on any legal basis

in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, body or health,
on the basis of a guarantee promise, unless otherwise stipulated in this regard,
due to mandatory liability, such as under the Product Liability Act.

8.2If we negligently breach a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless we have unlimited liability pursuant to the preceding clause. Material contractual obligations are obligations imposed on us by the contract according to its content for the achievement of the contractual purpose, the performance of which makes the proper execution of the contract possible in the first place and compliance with which you may regularly rely upon.

8.3In all other respects, our liability is excluded.

8.4The foregoing liability provisions shall also apply to our liability for our vicarious agents and statutory representatives.

9) Redemption of Promotional Vouchers

9.1Vouchers that we issue free of charge as part of promotional campaigns for a specified period of validity and that cannot be purchased by you (hereinafter “promotional vouchers”) may only be redeemed in our online shop and only during the specified period.

9.2Individual products may be excluded from the voucher promotion if such restriction follows from the content of your promotional voucher.

9.3Promotional vouchers may only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

9.4You may also redeem several promotional vouchers for a single order.

9.5The value of the goods must be at least equal to the amount of the promotional voucher. We will not refund any remaining balance.

9.6If the value of the promotional voucher is insufficient to cover your order, you may choose one of the other payment methods we offer to settle the difference.

9.7The balance of a promotional voucher will neither be paid out in cash nor accrue interest.

9.8The promotional voucher will not be refunded if you return goods paid for in whole or in part with the promotional voucher pursuant to your statutory right of withdrawal.

9.9The promotional voucher is transferable. We may discharge our obligation by providing the relevant holder who redeems the promotional voucher in our online shop with the corresponding benefit. This shall not apply if we know or are grossly negligently unaware that the relevant holder is not entitled to redeem the voucher, lacks legal capacity, or lacks authority to act as a representative.

10) Redemption of Gift Vouchers

10.1Vouchers that can be purchased through our online shop (hereinafter “gift vouchers”) may only be redeemed in our online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining balances on gift vouchers may be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances will be credited to you until the expiry date.

10.3 Gift vouchers may only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

10.4 Multiple gift vouchers may also be redeemed for a single order.

10.5 Gift vouchers may only be used to purchase goods and not to purchase additional gift vouchers.

10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by us may be selected to settle the difference.

10.7 The balance of a gift voucher shall neither be paid out in cash nor bear interest.

10.8 The gift voucher is transferable. The seller may discharge its obligation by rendering performance to the respective holder who redeems the gift voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent lack of knowledge of the holder's lack of entitlement, legal incapacity or lack of authority to act as a representative.

11) Applicable Law

The law of the Republic of Austria shall apply to all legal relationships between you and us, excluding the laws governing the international sale of movable goods. If you act as a consumer, this choice of law shall apply only insofar as it does not deprive you of the protection afforded by mandatory provisions of the law of the state in which you have your habitual residence.

12) Place of Jurisdiction

If you act as a businessperson, a legal entity under public law or a special fund under public law with its registered office within the sovereign territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business. If your registered office is outside the sovereign territory of the Republic of Austria, our place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to your professional or commercial activity. However, in the above cases, we shall in any event also be entitled to bring an action before the court at your registered office.

13) Code of Conduct

We have agreed to comply with the Trusted Shops quality criteria, which are available online at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf are available for viewing.