GENERAL TERMS AND CONDITIONS

for the POP Fender online store

1. general / scope of application

1.1. These General Terms and Conditions (hereinafter referred to as “GTC”) apply exclusively to the business relationship between Pop Fender GmbH (hereinafter referred to as “POP Fender” or “we”) and you (hereinafter referred to as “Customer”). They are binding for all orders of goods via the website provided by us at www.popfender.com (“Website”).

1.2 POP Fender is registered in Austria in the company register of the Feldkirch Regional Court under the company register number FN 582451x. The registered office of the company is located at Bützenweg 9a, 6845 Hohenems, Austria. The sales tax identification number is UID no.: ATU78262309.

1.3 The current version of the General Terms and Conditions can be downloaded and printed out at https://popfender.com/agb/.

1.4. We are entitled to amend these General Terms and Conditions in accordance with clause 14.

1.5 By clicking on the checkbox in the shopping cart before placing the order “I have read and accepted the General Terms and Conditions”, the customer agrees to these General Terms and Conditions and is bound by them.

2. ordering process / conclusion of contract

2.1. The presentation of our products in the webshop does not constitute a binding offer by POP Fender. It is merely an invitation to the customer to order goods from POP Fender.

2.2. By sending the order by clicking on the button “Order with obligation to pay”, you submit a binding offer to conclude a purchase contract for the goods contained in the shopping cart.

2.3. After we have received your order, we will send you an e-mail confirming receipt of your order and listing the details of your order (order confirmation). Please note that this order confirmation does not constitute acceptance of the contract by us, but merely serves to inform you that we have received your order.

2.4. The purchase contract between you and POP Fender is only concluded when we send the ordered products to you, by sending a second e-mail as an order confirmation or by otherwise accepting the customer’s offer. In the case of immediate bank transfer, the products will only be sent after the full amount has been credited to our account. All offers on our website are subject to change, non-binding and only available while stocks last. Irrespective of your right of withdrawal in accordance with section 8, you can cancel your order for products at any time free of charge before the associated shipping confirmation is sent.

2.5. We are not obliged to accept purchase offers from the customer and can refuse acceptance at any time without giving reasons. In this case, we will inform the customer immediately by e-mail that the offer has not been accepted. Any payments already made by the customer will be refunded in full.

2.6. Please refer to the individual product descriptions on our website for the main features of the products we offer and the period of validity of limited offers. If the price information on the website is incorrect, we will inform the customer of this immediately by e-mail and will not carry out the purchase. If the customer has already paid the purchase price, we will refund the amount in full.

2.7. You can recognize any input errors when placing your order during the final confirmation before checkout and correct them at any time using the delete and change function before sending the order.

2.8. Goods are only sold in normal household quantities. The availability of certain products may be limited.

2.9. The language available for the conclusion of the contract is exclusively German.

3. user account / order as guest

3.1. Your registration for our webshop is free of charge. There is no entitlement to admission to our webshop. Only persons of full legal capacity who have reached the age of 18 are entitled to participate. At our request, you are obliged to send us a copy of your identity card. To register, please complete the registration form available on our website electronically and send it to us online. The data required for registration must be complete and truthful. As part of the registration process, you choose a personal user name (your e-mail address) and a password. The user name must not infringe the rights of third parties or other name and trademark rights or offend common decency. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances.

3.2. Simply registering for our webshop does not constitute any obligation to purchase the products we offer. If you wish to delete your user account, please send an e-mail to: info@popfender.com.

3.3. If your personal details change, you are responsible for updating them yourself. All changes can be made online after logging in under “My account” (icon in the navigation bar).

3.4. Alternatively, you have the option of ordering as a guest. In this case, no registration is required.

4. prices and shipping costs

4.1. The prices shown by POP Fender include the statutory value added tax.

4.2. As a rule, the customer incurs additional shipping costs for each order. The amount of the shipping costs depends on the delivery address and order quantity and is calculated precisely during the ordering process.

4.3. The final price including shipping costs is stated with every order.

4.4. If our products are not delivered to the European Union (EU) or the European Economic Area (EEA) (e.g. Switzerland), shipping costs will be charged depending on the delivery address and order quantity. The exact amount will be calculated during the ordering process.

4.5. Please note that customs and import fees may apply if your products are shipped to a destination outside the European Union. These fees are not included in our shipping costs. Our products are delivered duty unpaid. This means that we are responsible for the transportation costs on delivery of the products, but not for the payment of any customs and import charges relating to your product that are levied at the destination. You are responsible for paying all such charges directly to the relevant authorities.

4.6 Promotional prices and special offers are only valid for the specified period or while stocks last.

5. payment

5.1. We generally accept credit card, PayPal and instant bank transfer as payment methods. We reserve the right not to offer certain payment methods for each order and to refer to other payment methods.

5.2. We accept credit cards from VISA, Eurocard/MasterCard and American Express. Processing is carried out by an external payment service provider. After entering the credit card details, an additional confirmation screen from the bank is displayed with all the payment details. The customer must go through the respective authentication procedure of their bank and can then confirm the credit card payment by entering a security code. Further information on the authentication procedure can be obtained from your bank. The customer is liable for any additional costs incurred due to his fault when using the selected means of payment, for example due to returned direct debits. In the case of payment by credit card or PayPal, the purchase price will be debited by POP Fender after receipt of the order.

5.3. When selecting the PayPal payment method, the customer is automatically redirected to the PayPal page at the end of the order process. The customer can register there and follow the PayPal payment instructions. The PayPal account will be debited directly with the corresponding purchase amount.

5.4. In addition, POP Fender offers the payment method “Sofortüberweisung” in cooperation with EPS, a service of PSA Payment Services Austria GmbH, Handelskai 92, Gate 2, 1200 Vienna, Austria. If you select the eps bank transfer payment option in the webshop, you will be redirected to a central list of participating Austrian banks. After selecting your bank, you will be connected to your online banking login. Once you have logged in, you can make the payment as usual via online banking by signing a TAN – no further entries such as IBAN, amount or merchant are required. You will then receive an electronic order confirmation. You can find further information at https://www.eps-ueberweisung.at/

5.5. You agree that you will only receive invoices and credit notes in electronic form.

5.6. Please note that we will never cover the costs of a money transaction for payments from accounts outside the European Union (EU) or the European Economic Area (EEA).

6. delivery

6.1. We deliver the ordered products at our discretion via a courier (e.g. GLS, DHL, Fedex or UPS) or by post to the delivery address specified by you. Unless otherwise agreed, delivery will be made to the address you specify (delivery address) during normal business hours.

6.2. We deliver within Austria, the European Union (EU), the European Economic Area (EEA), Switzerland and the United Kingdom.

6.3. Any shipping costs incurred are listed in the product description and are shown separately on the invoice.

6.4 The delivery period for products in stock is approx. 5-20 working days from receipt of order, depending on the selected shipping method and shipping location. For products not in stock, the delivery time is 2-6 months.

7. reservation of title

The goods remain the property of POP Fender until the purchase price has been paid in full.

8. right of withdrawal for consumers

As a consumer, i.e. as a natural person who places an order for a purpose that is predominantly neither commercial nor self-employed, you have a right of withdrawal. You will find a sample withdrawal form in Appendix I to these GTC.

*** CANCELLATION POLICY ***

As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

To exercise your right of withdrawal, you must send the

POP Fender GmbH
Bützenweg 9a
6845 Hohenems, Austria
Tel.: +43 650 / 29 30 150
E-Mail: info@popfender.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form (Appendix I), but this is not mandatory.

If you make use of this option, we will send you a confirmation of receipt of such a revocation without delay (e.g. by e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract.

The deadline is met if you send the goods before the period of fourteen days has expired. The costs of returning the goods shall be borne by you.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Exclusion of the right of withdrawal
If the customer is an entrepreneur, withdrawal is completely excluded. Furthermore, the consumer has no right of withdrawal for contracts concerning

1. services if the trader – on the basis of an express request by the consumer in accordance with § 10 FAGG and a confirmation by the consumer of his knowledge of the loss of the right to withdraw from the contract in the event of complete fulfillment of the contract – had begun to perform the service before the expiry of the withdrawal period in accordance with § 11 FAGG and the service was then provided in full,
2. Goods or services whose price depends on fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period,
3. Goods that are manufactured according to customer specifications or are clearly tailored to personal requirements,
4. Goods that can spoil quickly or whose expiration date would be quickly exceeded,
5. Goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that the seal has been removed after delivery,
6. Goods which, due to their nature, were inseparably mixed with other goods after delivery,
7. alcoholic beverages whose price was agreed when the contract was concluded, but which cannot be delivered earlier than 30 days after conclusion of the contract and whose current 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 the seal has been removed after delivery,
9. Newspapers, periodicals or magazines with the exception of subscription contracts for the delivery of such publications,
10. Services in the areas of accommodation other than for residential purposes, transportation of goods, rental of motor vehicles as well as the supply of food and beverages and services provided in connection with leisure activities, provided that a specific date or period is contractually stipulated for the performance of the contract by the entrepreneur,
11. the delivery of digital content not stored on a physical data carrier, if the trader – with the express consent of the consumer, in conjunction with the consumer’s knowledge of the loss of the right of withdrawal in the event of premature commencement of contract fulfillment, and after providing confirmation in accordance with Section 7 (3) FAGG – has commenced delivery before the expiry of the withdrawal period in accordance with Section 11 FAGG,
12. urgent repair or maintenance work where the consumer has expressly requested the trader to visit to carry out this work. If, during such a visit, the trader provides additional services that the consumer has not expressly requested or supplies goods that are not necessarily required as spare parts for the maintenance or repair, the consumer has the right to withdraw from the contract with regard to these additional services or goods.
13. Finally, the consumer has no right to withdraw from contracts concluded at a public auction.

***End of the REVOCATION***

9. processing of returns and refunds

9.1. The products must be packed securely and carefully before being returned. Please use the original packaging if possible. If a product cannot be packed appropriately, please contact us so that we can arrange collection.

Please send the articles exclusively to the following address:

Pop Fender GmbH
Bützenweg 9a
6845 Hohenems, Austria

9.2. In the event of a return, please use either our online return form or the form attached as Appendix I.

9.3. The products you return, including their packaging, should – as far as possible – be in unused condition.

9.4. You shall only be liable for any loss in value of the products if this loss in value is due to handling of the products that is not necessary to check their condition, properties and functionality.

10. product images / copyright

10.1. All product images on this website and our webshop are for illustrative purposes only and are intended to give you a general idea of the products. Although we do our best to reproduce the colors accurately, we cannot guarantee that the color representation of your device will accurately reflect the color of the product. The delivered product may therefore differ slightly from these images.

10.2. All photos, graphics and the design of our website are exclusively for the personal information of our customers and are protected by copyright.

11 Warranty / Liability / Guarantee

11.1 The statutory warranty regulations shall apply. The warranty is governed by the statutory provisions. It is limited to the statutory period of 24 months from acceptance of the goods by the buyer or, in the case of services, from completion of the service. In the event of justified complaints about defects, either a replacement or improvement shall be made free of charge, for which a reasonable period of time shall be granted. If replacement or improvement is out of the question (not possible, excessive expense, unreasonable, delay, etc.), the buyer shall be entitled to a price reduction or, if the defect is not minor, rescission of the contract (rescission).

11.2 Defects that occur must be reported as soon as possible upon delivery or after they become visible, whereby failure to report them upon delivery or after they become visible by a consumer has no influence on the consumer’s warranty claims. If the purchase is a commercial transaction for the customer (B2B), the customer must inspect the goods no later than 2 weeks after receipt and notify us immediately if a defect is found.

11.3. Our company shall only be liable for damages caused by intent and gross negligence. This does not apply to personal injury or consumer transactions. The existence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction. Compensation for consequential (defect) damage, as well as other material damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded. Liability under the Product Liability Act remains unaffected by this limitation of liability.

11.4. Claims under the guarantee do not affect the statutory warranty.

11.5. When shipping goods in consumer transactions, the risk of loss or damage to the goods shall only pass to the consumer as soon as the goods are delivered to the consumer or to a third party designated by the consumer who is different from the carrier. However, if the consumer has concluded the contract of carriage himself without making use of an option proposed by us, the risk shall pass to the carrier as soon as the goods are handed over to the carrier.

12. data protection

The protection of your privacy is important to us. When using our website and processing your order, it is necessary to collect and store personal data. In our privacy policy, available at https://popfender.com/datenschutz/, you can read which personal data we collect from you and how and for what purposes it is processed.

13. online dispute resolution

As a consumer, you have the opportunity to resolve disputes in connection with the purchase of our products online. Further information on this can be found on the website of the Internet Ombudsman: https://www.ombudsstelle.at/. The platform https://ec.europa.eu/consumers/odr can also be used. We undertake to participate in the dispute resolution procedure of the Internet Ombudsman’s Office in the event of disputes.

Our e-mail address: info@popfender.com

14. final provisions

14.1. Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

14.2. The exclusive place of jurisdiction for any disputes arising from these terms and conditions shall be our registered office, provided that the customer is an entrepreneur within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG). This agreement on the place of jurisdiction does not affect the validity of the mandatory applicable laws in accordance with the law of the country in which you as a consumer have your domicile or habitual residence.

14.3. We reserve the right to make changes to the website, rules and conditions, including these GTC, at any time. We will only make these changes for good cause, in particular due to changes in the law, legal requirements or other important reasons. The current GTC at the time of the order apply to each purchase.

14.4. The place of performance for business transactions for all services is our registered office.

14.5. Should individual provisions of this contract be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract. The invalid provision shall be replaced by the contracting parties by mutual agreement with a legally valid provision which comes closest to the economic sense and purpose of the invalid provision. The above provision shall apply accordingly in the event of loopholes.

15. other

15.1. Recourse claims within the meaning of the Product Liability Act are excluded unless the party entitled to recourse proves that the defect was caused within our sphere of responsibility and was at least due to gross negligence.

15.2. The contractual partner waives the possibility of offsetting. However, this shall not apply to consumers.

15.3 Voluntary code of conduct: www.guetezeichen.at

ANNEX I