General terms and conditions
Ms. Barbara Hinterberger-Kabbani, MSc (hereinafter “Trailsports”) is an entrepreneur specializing in sports science consulting, especially for pulling dog athletes („Zughundesport“). Trailsports offers training plans, individual coaching sessions, seminars, and webinars for its clients. These services and goods are also offered to customers electronically.
The customers are consumers in the sense of section 1 para 1 number 2 Austrian customer act („KSchG“).
For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination.
- Scope of these general terms and conditions („GTC“)
All business relations between Trailsports and the customer are subject to these GTC in the version applicable at the time of conclusion of the transaction.
Contractual, ordering and business language is German and Englisch.
These GTC are permanently available at the URL: https://www.trailsports.at/j/shop/terms.
- Conditions of use
In order to be able to obtain services and goods electronically from Trailsports, customers may have to register in the online store. The customer is obliged to provide true and complete information in the course of the business relationship and to keep his data up to date at all times. He must treat his data confidentially and protect it from access by unauthorized persons. If the customer suspects misuse by third parties, he must inform Trailsports immediately.
The customer must refrain from all actions that could endanger or impair the technical provision of the online store (including cyber attacks). Such behavior will be legally prosecuted.
- Offer and conclusion of contract
By clicking on the button “Order subject to payment”, the customer makes a binding offer to conclude a contract with Trailsports. Trailsports is not obligated to accept this offer.
Trailsports will confirm receipt of an offer to the customer by sending an email to the address provided by the customer (“Bestallbestätigung”). This email does not constitute an acceptance of Trailsports’ offer.
Trailsports may accept offers by confirming the purchase of the offer in another email (“Auftragsbestätigung”) or by sending the ordered goods or services.
Goods and services provided online will be delivered within 48 hours.
If they are to be customized, processing may take up to 14 days, resulting in delivery delays.
- Payment terms and cancellation rights
The prices listed in the store are in EUR and include all taxes and shipping costs. It is pointed out that Trailsports is exempt from VAT due to the small business regulation according to § 6 Abs 1 Z 27 UstG. The amounts stated at the time of order apply. The determination of the prices is incumbent upon Trailsports. Trailsports will again inform the customer of the prices, taxes and shipping costs in the order summary before the order is completed.
If Trailsports offers services in “blocks” (e.g. 10 training hours), the customer has no right to withdraw from individual partial services from this block or to demand a partial refund in the event that this block is not fully utilized or consumed. The entire block must be consumed or exhausted within two years from the date of purchase of the block. Trailsports is entitled to invoice the total fee for the “blocks” once in advance.
The payment methods and shipping costs accepted by Trailsports are listed on the subpage “Payment Methods and Shipping Costs”.
Whether payment is made monthly (continuing obligation) or once (target obligation) is determined by the agreement between Trailsports and the customer.
Payment shall be made by bank transfer to the account specified by Trailsports.
The claims of Trailsports become due with the conclusion of the contract. If the receivables are not paid within fourteen days, Trailsports will charge 4% per annum in statutory interest on arrears from the due date. For reminders, an expense allowance of EUR 25.00 per reminder can be charged.
- Cancellation policy
If the customer does not want to or cannot participate in an event, workshop or webinar after all, he/she can cancel the registration under the following conditions (this is independent of legal rights of withdrawal):
In order to be entitled to a refund, written notification must be sent prior to the start of the event to:
before the start of the event. The date of dispatch of the respective medium (e-mail, post) is considered as the date. Until
– four weeks before event date 25%,
– up to seven days before the event date 50 %,
– and less than seven days before the event date 75 %
of the fee will be retained. Alternatively, a substitute participant can be provided by the customer, whereby the cancellation fee is waived. In case of no-show of a registered participant or in case of premature cancellation of a registered participant, the full fee will be retained.
If an event has already started, a withdrawal from the contract is no longer possible. However, if the participant has to cancel the event through no fault of his own (e.g. injury), the customer is entitled to a proportional replacement. Here is an example for better illustration: An event lasts eight weeks. The participant is injured after the fourth week. In this case, the participant is entitled to a 50% refund of the fee already paid.
In the course of events it is possible that Trailsports sends “goodie-bags” to the participants in advance. If the customer cancels the contractual relationship with Trailsports after receiving these “goodie-bags”, the customer is obliged to return this goodie-bag to Trailsports. Alternatively, it is possible to keep this goodie-bag for a fee of EUR 10.00 (which includes all possible taxes).
If the minimum number of participants is not reached, in case of illness or other circumstances that make it impossible for Trailsports to hold the event, the event can be cancelled. All payments already made will be refunded in full in such cases. Beyond that, there are no further claims for damages against Trailsports.
In the case of agreed private lessons, the client has the right to withdraw up to 24 hours before the agreed date without any payment obligations (cancellation fees). However, if the client cancels the agreed private lesson within 24 hours before the arranged appointment, Trailsports is entitled to the full fee for that appointment. This does not apply if the client can prove (e.g. by medical certificate or certificate of a veterinarian) that due to illness or force majeure the appointment cannot be kept at short notice and that it was not possible for him to notify Trailsports of this circumstance at an earlier time.
In the case of agreed seminars, the customer has the right to withdraw up to 14 days before the agreed date without any payment obligations (cancellation fees). However, if the customer cancels the agreed seminar date within 14 days before the arranged date, Trailsports is entitled to the full fee for this date. If the customer can prove (e.g. by medical certificate or certificate of a veterinary surgeon) that due to illness or force majeure the appointment could not be kept at short notice and that it was not possible for him to notify Trailsports of this circumstance at an earlier date, the customer has the right to participate in a later seminar free of charge. However, this does not imply any obligation for Trailsports to organize such a seminar.
- Permission to use the work (Copyrights) and reservation of title
Trailsports grants the customers the non-exclusive work use authorization (within the meaning of section 24 para 1 first sentence UrhG „Werknutzungsbewilligung“) to use (consume) webinars or similar copyrighted works exclusively for the contractual purposes. The ECJ has pronounced (ECJ 19.12.2019 – C.263/18) that the principle of exhaustion („Erschöpfungsgrundsatz“) within the meaning of section 16 UrhG does not apply to digital products (but very well with regard to computer programs). Accordingly, the resale of webinars or other works protected by copyright is only permitted with the express consent of Trailsports.
The goods and services delivered by Trailsports remain the property of Trailsports until full payment has been made.
- Right of withdrawal or revocation according to the Austrian Distance and Off-Site Transactions Act „FAGG“
This right of withdrawal expressly does not apply with regard to goods that are manufactured according to customer specifications or are clearly tailored to personal needs (individual training plans).
The customer has the right to revoke his contractual declaration or an already concluded contract within fourteen days without giving reasons if the contract was concluded electronically. The revocation period shall be fourteen days from the day on which (i) in the case of service contracts, the day on which the contract is concluded; (ii) in the case of purchase contracts and other contracts for the acquisition of goods against payment, the day on which the consumer or a third party not acting as a carrier and designated by the consumer acquires possession of the goods; (iii) if the customer has ordered several goods as part of a single order that are delivered separately, the day on which the customer or a third party not acting as a carrier and designated by the customer acquires possession of the last goods delivered; (iv) in the case of delivery of goods in several partial consignments, on the day on which the customer or a third party not acting as carrier and designated by the customer acquires possession of the last partial consignment; or (v) in the case of contracts for the regular delivery of goods over a fixed period of time, on the day on which the customer or a third party not acting as carrier and designated by the customer acquires possession of the goods delivered first.
In order to exercise the right of withdrawal, the customer must inform Trailsports by means of a clear declaration (e.g. a letter or e-mail sent by post) of the decision to withdraw from this contract. For this purpose, the customer may use the model withdrawal form, which is listed in Annex I B of the Distance and Off-Site Transactions Act (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847).
Cancellation notices are to be sent to the following address:
Mag. Barbara Hinterberger-Kabbani, MSc
T: +43 664/7674717
In order to comply with the revocation period, it is sufficient that the customer sends the notification of the exercise of the right of revocation before the expiry of the revocation period. If the customer revokes the contractual statement or a contract that has already been concluded, Trailsports shall refund all payments that it has already received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that the customer has chosen a type of delivery other than the inexpensive standard delivery offered by Trailsports) without undue delay and at the latest within fourteen days from the day on which Trailsports received the notification of revocation of this contract. For the repayment, Trailsports will use the same means of payment that the customer used for the original transaction.
The customer shall return to Trailsports’ address or delete any copyrighted content without undue delay and in any event no later than fourteen days from the date the customer notifies Trailsports of the cancellation of this Agreement. The deadline is met if the customer sends the copyrighted content before the expiration of the fourteen day period and Trailsports confirms the deletion. The customer shall bear the costs of such return and deletion.
The direct costs of the return shipment shall be borne by the customer. If a loss in value of a product is due to the fact that the product has been used in a manner not necessary to inspect its condition, the customer shall be responsible for such loss in value.
- Performance interruption
Trailsports is not responsible if it cannot meet its obligations under the contractual relationship due to circumstances for which it or a vicarious agent is not responsible. This applies, among other things, to the lack of availability of energy or telecommunications services and due to force majeure.
- Liability for damages and warranty
The liability of Trailsports for slight negligence is excluded. Liability is generally limited to the order value of the goods and services previously purchased by the customer. This does not apply in the case of intentional damage.
This limitation of liability does not apply with regard to personal injury and liability under the Product Liability Act („Produkthaftungsgesetz“).
- Involvement of subcontractors
Trailsports may use subcontractors to perform its obligations under this GTC.
- Data protection and safeguarding of business and trade secrets
The disclosure of data and information to the respective required business partners is permitted to the extent necessary for the fulfillment of the contractual relationship. Otherwise, the contracting parties shall be obliged to maintain secrecy about the circumstances and data related to the other party of which they become aware due to the present business relationship and, in particular, to observe data secrecy. These obligations to data and business secrecy shall also apply beyond the contractual relationship.
Trailsports draws attention to the fact that data of the customer may be processed for advertising purposes on the basis of legitimate interests (Art 6 para 1 lit f GDPR). The customer may object to this form of data processing at any time (Art 21 para 2 GDPR).
- Change of these general terms and conditions
Trailsports shall be entitled to amend these Terms and Conditions at any time. Trailsports will inform the customer of such changes by sending the amended terms and conditions to the e-mail address last notified to him. A deterioration of the situation to the detriment of the customer can not be agreed in this way.
- Court of jurisdiction and applicable law
This contractual relationship is based on Austrian law and Austrian law shall be applicable. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and of conflict-of-law rules is excluded. The exclusive place of jurisdiction is Vienna. If the customer is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the customer may be sued only before the courts in whose jurisdiction his domicile, habitual residence or place of employment is located.
Attention is drawn to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 para 1 S 1 ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards. Trailsports is in principle willing to participate in arbitration proceedings.
- Duration of the contractual relationship
The contractual relationship with the customer begins with the conclusion of the contract. If a one-time service is owed (target obligation), the contractual relationship ends with the complete provision of the mutually owed services. If a continuing obligation is owed, this can be cancelled with a fourteen-day period of notice to the last day of a month without giving reasons. This does not affect the right to extraordinary termination at any time.
- Further issues
If any part of these terms and conditions should be invalid, this shall not affect the validity of the remaining terms and conditions. The ineffective condition shall be replaced by such an effective condition, which economically comes as close as possible to the intention of both contracting parties discernible from the agreement.
Amendments to these terms and conditions as well as additions to these terms and conditions shall only be valid if agreed and signed in writing.
Trailsports recommends the customer to save these terms and conditions permanently.