Terms and Conditions


Table of Contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Liability
  9. Redeeming promotional vouchers
  10. Redemption of gift vouchers
  11. Applicable Law
  12. Place of jurisdiction
  13. Code of Conduct
  14. Alternative dispute resolution

1) Scope

1.1These General Terms and Conditions (hereinafter "Terms and Conditions") of Dartgarage GmbH (hereinafter "we/us") apply to all contracts for the delivery of goods that you as a consumer or entrepreneur (hereinafter "you") conclude with us with regard to 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.

1.2These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.3You are a consumer within the meaning of these General Terms and Conditions if you conclude a legal transaction for purposes that cannot primarily be attributed to your commercial or independent professional activity.

1.4You are an entrepreneur within the meaning of these General Terms and Conditions as a natural or legal person or as a legal partnership that, when concluding a legal transaction, acts in the exercise of your commercial or independent professional activity.

2) Conclusion of contract

2.1The product descriptions contained in our online shop do not represent binding offers on our part, but are intended to enable you to submit a binding offer.

2.2You can submit the offer using the online order form integrated into our online shop. After you have placed the selected goods in the virtual shopping cart and gone through the electronic ordering process, you submit a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. You can also submit the offer to us by email, online contact form or by telephone.

2.3We can accept your offer within five days,

  • by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by you is decisive, or
  • by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
  • by asking you to pay after placing your order.

If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The deadline for accepting your offer begins on the day after you send your offer and ends at the end of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this will be considered a rejection of the offer with the result that you are no longer bound to your declaration of intent.

2.4If you select a payment method offered by PayPal, payment is processed via 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 Terms of Use, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full or - if you do not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/en/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 will declare acceptance of your offer at the moment you click the button that completes the ordering process.

2.5When you submit an offer via our company's online order form, the contract text will be saved by us after the contract has been concluded and sent to you in text form (e.g. email, fax or letter) after your order has been sent. We will not make the contract text available beyond this. If you have set up a user account in our online shop before sending your order, the order data will be archived on our website and can be accessed free of charge by you via your password-protected user account by providing the relevant login details.

2.6Before you submit your order using our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the magnification function of your browser, which enlarges the display on the screen. As part of the electronic ordering process, you can correct your entries using the usual keyboard and mouse functions until you click on the button that completes the ordering process.

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

2.8Order processing and contact usually take place via email and automated order processing. You must ensure that the email address you provided to process your order is correct so that the emails we send 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

3.1Consumers generally have a right of withdrawal.

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

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

4) Prices and payment terms

4.1Unless our product description states otherwise, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

4.2For 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 money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may apply in relation to the money transfer even if the delivery is not to a country outside the European Union but you make the payment from a country outside the European Union.

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

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

4.5If you select a payment method offered via the “PayPal” payment service, payment is processed via PayPal, although PayPal can also use the services of third-party payment service providers for this purpose. If we also offer payment methods via PayPal for which we pay you in advance (e.g. purchase on account or payment in installments), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry 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 check result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, you can only make payments to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of an assignment of claims, we remain responsible for general customer inquiries, e.g. B. about the goods, delivery time, shipping, returns, complaints, cancellation declarations and shipments or credit notes.

4.6If you select the payment method “Sofortüberweisung”, the payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter “Klarna”). In order to be able to pay the invoice amount via “Sofortüberweisung”, you must have an online banking account that has been activated for participation in “Sofortüberweisung”, identify yourself accordingly during the payment process and confirm the payment instruction. The payment transaction will be carried out by Klarna immediately afterwards and your bank account will be debited. You can find more information about the “Sofortüberweisung” payment method online at https://www.klarna.com/immediately/ retrieve.

4.7If you select a payment method offered via the payment service “Shopify Payments”, payment is processed 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. To process payments, Stripe may use other payment services to which special payment conditions may apply, to which you may be notified separately. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de available.

4.8If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 days of the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The purchase on account payment method requires a successful credit check by Klarna AB. If you are permitted to use the purchase on account payment method after checking your creditworthiness, the payment will be processed in cooperation with Klarna AB, to whom we assign our payment claim. In this case, you can only make payments to Klarna AB with a debt-discharging effect. Otherwise, the general terms and conditions of Klarna AB apply, which you can access as part of the ordering process. We reserve the right to only offer the purchase on account payment method 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 a corresponding payment restriction in your payment information in the online shop.

4.9If you select the payment method “PayPal invoice”, we assign our payment claim to PayPal. Before accepting our declaration of assignment, PayPal will carry out a credit check using the customer data transmitted. We reserve the right to refuse you the payment method “PayPal invoice” in the event of a negative check result. If the payment method “PayPal invoice” is permitted by PayPal, you must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies another payment deadline. In this case, you can only make payments to PayPal with debt-discharging effect. However, even in the event of an assignment of claims, we remain responsible for general customer inquiries, e.g. B. about the goods, delivery time, shipping, returns, complaints, cancellation declarations and shipments or credit notes. In addition, the General Terms of Use for the use of PayPal's purchase on account apply, which can be viewed at https://www.paypal.com/en/webapps/mpp/ua/pui-terms.

4.10If you select the payment method “PayPal direct debit”, PayPal will collect the invoice amount from your bank account on our behalf after a SEPA direct debit mandate has been issued, but not before the deadline for advance information has expired. Pre-notification is any communication (e.g. invoice, policy, contract) to you that announces a charge using SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to incorrect bank details being provided, or if you object to the debit even though you are not authorized to do so, you will have to bear the fees resulting from the chargeback from the respective credit institution if you are responsible for this.

4.11If you choose the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via 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 if the credit check is negative.

4.12If you select a payment method offered via the “Klarna” payment service, payment is processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions can be found here:

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

5) Delivery and shipping conditions

5.1Bieten wir den Versand der Ware an, so erfolgt die Lieferung innerhalb des von uns angegebenen Liefergebietes an die von dir angegebene Lieferanschrift, sofern nichts anderes vereinbart ist. When processing the transaction, the delivery address specified in our order processing is decisive. Deviating from this, if you select the PayPal payment method, the delivery address you provided with PayPal at the time of payment is decisive.

5.2For goods that are delivered by a freight forwarder, delivery is made "free curbside", i.e. to the public curbside closest to the delivery address, unless otherwise stated in the shipping information in our online shop and unless otherwise agreed.

5.3If delivery of the goods fails for reasons for which you are responsible, you will bear the reasonable costs incurred by us as a result. This does not apply with regard to the shipping costs if you effectively exercise your right of withdrawal. If you effectively exercise your right of cancellation, the return shipping costs will be subject to the regulations set out in our cancellation policy.

5.4If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the goods sold generally only passes when the goods are handed over to you or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold passes to you, even if you are acting as a consumer, as soon as we have delivered the item to the freight forwarder, the freight carrier or the other person or institution designated to carry out the shipment, if you have commissioned the freight forwarder, the freight carrier or the other person or institution designated to carry out the shipment to carry out the shipment and we have not previously named this person or institution to you.

5.5We reserve the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that we are not responsible for the non-delivery and we have concluded a specific cover transaction with the supplier with due care. We will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you immediately.

5.6Self-collection is not possible for logistical reasons.

5.7Vouchers will be provided to you as follows:

  • via download
  • via email

6) Retention of title

If we make advance payments, we reserve ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1Are you acting as an entrepreneur,

  • we have the choice of the type of supplementary performance;
  • For new goods, the limitation period for defect rights is one year from delivery of the goods;
  • The warranty rights are excluded for used goods;
  • The statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2The liability limitations and shortening of deadlines regulated above do not apply

  • for your claims for damages and reimbursement of expenses,
  • in the event that we have fraudulently concealed the defect,
  • for goods that have been used for a building in accordance with their normal use and have caused its defects,
  • for any obligation on our part to provide updates for digital products, for contracts for the delivery of goods with digital elements.

7.3In addition, for entrepreneurs, the statutory limitation periods for any existing legal recourse claim remain unaffected.

7.4If you are acting as a consumer, you are asked to complain to the deliverer about delivered goods with obvious transport damage and to inform us of this. If you do not comply with this, this will have no impact on your legal or contractual claims for defects.

8) Liability

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

8.1We are liable without restriction for any legal reason

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

8.2If we negligently violate an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless we have unlimited liability in accordance with the above paragraph. Essential contractual obligations are obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely.

8.3Otherwise, we are excluded from any liability.

8.4The above liability regulations also apply with regard to our liability for our vicarious agents and legal representatives.

9) Redeeming promotional vouchers

9.1Vouchers that we issue free of charge as part of promotions with a specific period of validity and which you cannot purchase (hereinafter “promotional vouchers”) can only be redeemed in our online shop and only during the specified period.

9.2Individual products may be excluded from the voucher campaign if there is a corresponding restriction in the content of your campaign voucher.

9.3Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

9.4You can also redeem several promotional vouchers when placing an 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 not enough to cover your order, you can choose one of the other payment methods we offer to pay the difference.

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

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

9.9The promotional voucher is transferable. We can make payments with a discharging effect to the respective holder who redeems the promotional voucher in our online shop. This does not apply if we have knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.

10) Gift Certificate Redemption

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

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

10.3Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

10.4Multiple gift vouchers can also be redeemed with one order.

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

10.6If the value of the gift voucher is not sufficient to cover the order, you can choose one of the other payment methods we offer to pay the difference.

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

10.8The gift voucher is transferable. The seller can make payments with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, incapacity or lack of authorization to represent the respective owner.

11) Applicable Law

The law of the Republic of Austria applies to all legal relationships between you and us, excluding the laws on the international purchase of movable goods. If you act as a consumer, this choice of law only applies to the extent that the protection granted to you is not withdrawn by mandatory provisions of the law of the country in which you have your habitual residence.

12) Place of jurisdiction

If you act as a merchant, a legal entity under public law or a special fund under public law based in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business. If you are based outside the territory of the Republic of Austria, our place of business is 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. In the above cases, however, we are in any case entitled to appeal to the court at your registered office.

13) Code of Conduct

We have subjected ourselves to the Trusted Shops quality criteria, which are available on the Internethttps://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf are visible.

14) Alternative Dispute Resolution

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.