General Terms and Conditions of BADX GmbH
§1 Validity vis-à-vis entrepreneurs and definitions of terms
(1) The following General Terms and Conditions apply to all deliveries between us and a consumer in the version valid at the time of the order.
(2) „Consumer“ in the sense of these terms and conditions is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his self-employed professional activity.
§2 Conclusion of a contract, storage of the contract text
(1) The following regulations about the conclusion of the contract apply to orders via our Internet shop www.x-grip.at
(2) In the case of the conclusion of the contract, the contract is concluded with
Firmenbuchnummer: FN 450170s
Firmenbuchgericht: Landesgericht für ZRS Graz
(3) The presentation of the goods in our Internet shop does not constitute a legally binding contractual offer on our part, but is merely a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.
(4) When an order is received in our Internet shop, the following regulations apply: The consumer makes a binding contract offer by successfully completing the ordering procedure provided for in our Internet shop.
The order is placed in the following steps:
1) Selection of the desired goods
2) Confirm by clicking on the „Order“ button
3) Verification of the information in the shopping cart
4) Press the button „Checkout“.
5) Login to the Internet shop after registration and entry of the registration details (e-mail address and password).
6) Re-examination or correction of the data entered.
7) Binding dispatch of the order.
Before the binding dispatch of the order, the consumer can return to the Internet page by pressing the „Back“ button contained in the Internet browser used by him after checking his details, on which the customer‘s details are recorded and correct input errors or cancel the order process by closing the Internet browser. We confirm the receipt of the order immediately by an automatically generated e-mail („order confirmation“). With this we accept your offer.
(5) Storage of the contract text for orders via our Internet shop: We save the text of the contract and send you the order data and our general terms and conditions by e-mail. You can also view the GTC here at any time. You can view your past orders in our customer area under My account –> My orders.
§3 Prices, shipping costs, payment, due date
(1) The stated prices include the statutory value added tax and other price components. In addition there are possible shipping costs.
(2) The consumer has the possibility of payment in advance, PayPal.
(3) If the consumer has chosen to pay in advance, he undertakes to pay the purchase price immediately after conclusion of the contract.
(1) Unless we have clearly stated otherwise in the product description, all articles offered by us are immediately ready for dispatch.
(2) If the consumer has chosen payment in advance, we will not send the goods before receipt of payment.
§5 reservation of proprietary rights
We reserve title to the goods until full payment of the purchase price.
§6 Right of revocation
Right of revocation
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, e-mail) or – if the goods are handed over to you before the deadline expires – also by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfilment of our information obligations according to Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and our obligations according to § 312g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the revocation or the goods shall suffice to comply with the revocation period.
The revocation is to be addressed to:
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender to us the received service or uses (e.g. benefits of use) or cannot return them in part or only in a deteriorated condition, you must compensate us in this respect. You only have to pay compensation for the deterioration of the item and for drawn uses if the use or the deterioration is due to handling of the item that goes beyond the examination of the properties and the mode of operation. Testing of properties and functionality” means testing and trying out the respective goods, as is possible and customary in a shop, for example.
Goods that can be sent by parcel post are to be returned at your risk. You have to bear the regular costs of the return. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.
End of the revocation instruction
§7 Contractual regulation regarding the return costs in case of revocation
Should you make use of your right of revocation, the regular costs of the return shipment are to be borne by the buyer in accordance with Article 4, § 11 of the Distance Selling Act.
ATTENTION: the return must not be carriage forward, carriage forward parcels will not be accepted by us!
§8 Contract language
Only German is available as contract language.
§8 Warranty period
Unless otherwise agreed, the warranty period is two years from delivery of the goods. The warranty period is reduced to one year for the purchase of used products. Consumers are requested to report obvious defects of the goods in writing within two weeks of receipt. Failure to notify the buyer shall have no influence on the buyer’s statutory warranty claims. Defective articles will be replaced immediately. Consumers have the choice whether subsequent performance is to take place by repair or replacement delivery. The seller is entitled to refuse the type of subsequent performance chosen if it is only possible with disproportionate costs and the other type of subsequent performance is without significant disadvantages for the consumer. If the subsequent performance fails, the customer may at his discretion demand a reduction of the remuneration (reduction) or cancellation of the contract (withdrawal) as well as damages. In the event of only minor defects, the customer shall not be entitled to withdraw from the contract. If the customer chooses compensation, the following limitations of liability apply.
§9 Liability for damages
Liability for contractual breaches of duty and tort is limited to intent and gross negligence. This does not apply to injuries to life, body or health of the buyer, claims due to the violation of main obligations and compensation for damages caused by delay. In this respect, the seller is liable for every degree of fault. Insofar as the Seller’s liability for damages is excluded or limited, this shall also apply with regard to the personal liability for damages of employees, workers, representatives and vicarious agents. In particular, the seller is not liable for non-specific product-related information and tips that are offered free of charge, nor for hyperlinks that refer to third-party offers.
§10 Off-road motorsports
All X-GRIP items have been designed / developed especially for the needs and demands of offroad motorsport. This is why only those X-GRIP products, where it is explicitly stated to that effect, are approved for use in traffic (“homologised for street use”).
§11 Safety and functionality
For questions regarding the scope of supply of X-GRIP products, necessary assambly parts or special possible variant for your bike, you can contact any authorized X-GRIP trader/distributor. For optimal use, safety and functionality, the installation of X-GRIP products require expert advice and installation through an authorized X-GRIP trader/distributor with usage of X-GRIP special tools.