General Terms and Conditions
​
1. SCOPE OF APPLICATION
1.1. These General Terms and Conditions ("GTC") of WAY watersports 121 FlexCo, Otto-von-Lilienthal-Straße 104, 5020 Salzburg ("WAY") apply to the conclusion and processing of contracts for the delivery of goods that WAY concludes with customers (the "CUSTOMER" or the "CUSTOMERS") via the company's own online store or by individual agreement (in particular via e-mail). Orders are generally placed via the dedicated website "https://www.way-watersports.com" ("WEBSITE"). Unless otherwise specified below in these GTC, the individual provisions of these GTC shall apply to the CUSTOMER irrespective of whether the CUSTOMER is an entrepreneur or a consumer.
1.2. Any contractual terms and conditions of the CUSTOMER that provide for provisions deviating from these GTC shall only apply to contracts between WAY and the CUSTOMER if WAY expressly agrees to them in writing.
1.3. Amendments to these GTC are only effective between the CUSTOMER and WAY if they are made in writing, whereby the text form satisfies the written form requirement.
1.4. The version of the GTC applicable at the time of the order by the CUSTOMER and sent or handed over to the CUSTOMER after conclusion of the contract shall be decisive for a contract concluded between WAY and the CUSTOMER. The current version of the GTC is available on the WEBSITE.
2. PRODUCTS
2.1. WAY specializes in the development and distribution of highly innovative fins for water sports equipment ("PRODUCTS"). The product range combines different categories of fins, which are adapted to the individual level of the respective CUSTOMER and correspond to the product specifications, which are provided before the binding order is placed.
2.2. The CUSTOMER acknowledges that the PRODUCTS are only suitable for the use described in the product description/conditions of use. Accordingly, WAY expressly points out that the PRODUCTS must be used strictly and exclusively in accordance with the product description/conditions of use. Otherwise, WAY does not guarantee any product characteristics and shall be indemnified and held harmless for any damage resulting from use that does not comply with the product description/conditions of use.
2.3. The product description/conditions of use enclosed with the PRODUCTS must be handed over to the new user in the event of any resale. As the manufacturer, WAY is not liable for any personal injury or property damage resulting from improper use.
​
2.4. Time specifications by WAY, e.g. for the completion and delivery of PRODUCTS, are merely estimates based on typical production times according to experience and are non-binding. Anything to the contrary shall only apply if this is expressly agreed. WAY will inform CUSTOMERS about the current status of an order and in particular about its completion.
​
2.5. The PRODUCTS must be maintained and stored in accordance with the product description/conditions of use.
​
2.6. WAY develops the PRODUCTS in accordance with the current state of the art and complies with the relevant product safety regulations in this respect. WAY is not liable for product defects that were state of the art at the time the PRODUCT was placed on the market.
​
3. ORDERING PROCESS AND CONCLUSION OF CONTRACT
3.1. Orders can be placed via the online store in accordance with point 3.2 or by e-mail in accordance with point 3.3 can be submitted. Orders can be placed in German or English.
​
3.2. Orders in the online store
​
i) The CUSTOMER's orders for WAY's PRODUCTS in the online store are offers made by the CUSTOMER to WAY, which WAY may subsequently accept or reject. The presentations of the PRODUCTS on the WEBSITE are therefore not binding offers from WAY, but merely serve as an overview of WAY's product range and invite the CUSTOMER to submit offers to purchase PRODUCTS to WAY via the online store.
​
ii) CUSTOMERS can initially place PRODUCTS in a digital shopping cart in the online store. The composition of the shopping cart and the PRODUCTS in the shopping cart can be viewed and changed at any time before completing the order.
​
iii) Once CUSTOMERS have placed all the desired PRODUCTS in the shopping cart, the order can be confirmed by clicking on the button "Continue to checkout". A summary of the order is then displayed. If the CUSTOMER wishes to submit their order to WAY as a binding offer, they can do so by clicking on the button "order with obligation to pay". The CUSTOMER is bound to his offer for a period of 7 (seven) days, after which the CUSTOMER may withdraw from his offer.
​
iv) A change to the order is only possible after sending the offer by clicking on the button "order with obligation to pay" in individual cases and with the consent of WAY, whereby WAY is not obliged to do so.
​
v) WAY is not obliged to accept offers from the CUSTOMER but may reject them without giving reasons.
​
vi) After receipt of the order, WAY will send the CUSTOMER a confirmation of receipt to the e-mail address provided during the ordering process. The respective order is listed in this confirmation of receipt. This confirmation of receipt merely documents that WAY has received the order and is not an acceptance of the offer.
​
vii) WAY accepts offers from the CUSTOMER by sending an order confirmation by e-mail to the e-mail address provided by the CUSTOMER. Upon receipt of the order confirmation by the CUSTOMER, the contract for the purchase of the respective PRODUCTS between the CUSTOMER and WAY is concluded. This order confirmation summarizes the respective order and provides the payment information.
​
3.3. Orders after non-binding expression of interest by e-mail
​
i) On the WEBSITE, you have the option of registering your e-mail address to order PRODUCTS. This is done by entering the e-mail address and the quantity of PRODUCTS on the input option provided for this purpose on the WEBSITE. By doing so, the CUSTOMER agrees to be informed by WAY when PRODUCTS are available and is given the opportunity to place a binding order. The indication of the e-mail address is a request to WAY to inform the CUSTOMER about the availability of PRODUCTS. WAY is entitled, but not obliged, to give the CUSTOMER the opportunity to place a binding order afterwards. The period between the CUSTOMER's expression of interest and the sending of this information is unknown at the time of the CUSTOMER's expression of interest and may take a longer period of time.
​
ii) WAY is entitled to subsequently send the CUSTOMER information about PRODUCTS, their terms of use, the GTC and payment information by e-mail to the e-mail address provided by the CUSTOMER. The payment information is presented in the form of an invoice. By transmitting this payment information, WAY makes an offer to the CUSTOMER to accept the PRODUCTS under the conditions stated in the GTC and in the payment information. The sending of an offer by WAY takes place at its own discretion.
​
iii) After receipt of this offer, CUSTOMERS may accept the offer within 14 (fourteen) days. Acceptance is made by paying the invoice included in the payment information, stating the purpose of use included in the payment information, or by declaration of the CUSTOMER by e-mail.
​
iv) If the CUSTOMER does not wish to accept the offer, he does not have to declare this explicitly; the CUSTOMER's silence is deemed to be a rejection of the offer.
​
3.4. WAY uses so-called WAY ambassadors in sales, who advertise the PRODUCTS and receive so-called "promo codes". The CUSTOMER can enter these promo codes when placing binding orders via the online store or when expressing interest by e-mail, so that WAY can assign any orders to the WAY ambassadors. By providing the promo code, WAY is authorized to disclose the order data, such as the quantity of PRODUCTS and the invoice amount, to the corresponding WAY ambassadors.
4. PRICES AND PAYMENT METHODS
4.1. All prices include VAT. If a PRODUCT is incorrectly priced and the correct price is higher than the price on the WEBSITE, WAY will contact the CUSTOMER before shipping the PRODUCT to ask if they wish to purchase the PRODUCT at the correct price or cancel the order. If the correct price of a PRODUCT is lower than the price stated by WAY, WAY will charge the lower amount and send the PRODUCT to the CUSTOMER.
​
4.2. Payment is made by bank transfer to the account specified on the invoice or via the payment options on the WEBSITE.
​
4.3. The purchase price includes the costs for shipping, whereby WAY breaks down the shipping costs separately in addition to the product price. The purchase price does not include any customs duties for international shipping; customers must bear these themselves.
​
4.4. The purchase price is due upon conclusion of the purchase agreement in accordance with Section 3.2. vii) or 3.3. iv) is due. The payment period is 14 (fourteen) days from the due date. If the CUSTOMER is in default of payment, WAY is entitled to demand default interest of 4 (four) percentage points per annum. Further claims of WAY remain unaffected by this.
​
5. SHIPPING / DELIVERY
5.1. Unless otherwise agreed, delivery shall be made to the delivery address specified by the CUSTOMER. WAY points out that all information on availability, dispatch or delivery of a PRODUCT are only estimates and approximate guide values. They do not constitute binding shipping or delivery dates.
​
5.2. The PRODUCTS remain the property of WAY until full payment of the purchase price including any VAT as well as shipping and packaging costs. In the event of a claim, in particular the pledging of the PRODUCTS received under retention of title by a third party, CUSTOMERS must point out WAY's right of ownership to the PRODUCTS.
​
5.3. The shipping and delivery options are specified when the PRODUCTS are ordered. Unless otherwise agreed, the transport company is selected by WAY.
​
5.4. For consumers: If the CUSTOMER chooses an alternative shipping option not initially offered by WAY, the risk of accidental loss of or accidental damage to the PRODUCTS shall pass to the CUSTOMER upon handover to the transport company. Otherwise, the risk is transferred to the CUSTOMER or a third party attributable to the CUSTOMER upon handover.
​
5.5. If the CUSTOMER is an entrepreneur, the risk of accidental loss of or accidental damage to the PRODUCTS shall pass to the CUSTOMER upon handover, in the case of sales shipment upon delivery of the item to the commissioned transport company.
​
5.6. If the transport company returns the shipped PRODUCTS to WAY because delivery to the address specified by the CUSTOMER was not possible, the CUSTOMER shall bear the costs for the new shipment and any storage costs that have become necessary.
​
5.7. If CUSTOMERS wish to collect their ordered PRODUCTS themselves, this requires a separate agreement with WAY.
​
6. WARRANTY AND COMPENSATION
​
6.1. The CUSTOMER shall have warranty claims for the PRODUCTS purchased in accordance with the applicable Austrian law. The CUSTOMER shall address all warranty claims to the addresses indicated for this purpose on the WEBSITE. The CUSTOMER may demand the repair or replacement of the PRODUCTS purchased from WAY if they prove to be defective or not as described. If the PRODUCT cannot be repaired or replaced within a reasonable time or without difficulty, the CUSTOMER may request a refund or reduction of the purchase price.
​
6.2. If changes are made to PRODUCTS without the written consent of WAY, all warranty claims will expire immediately. In case of improper use of PRODUCTS, any compensation for damages is excluded. In the event of non-compliance with the terms of use of the PRODUCTS, any damage associated with non-compliance is excluded from compensation.
​
6.3. Compensation for damage caused by improper storage, overuse, non-compliance with operating and installation instructions and incorrect installation of the PRODUCTS is also excluded. If the terms of use enclosed with the products are not handed over to the new owner as an accessory of the PRODUCT in the event of resale, the CUSTOMER must indemnify and hold WAY harmless.
​
6.4. The use of the PRODUCTS is intended exclusively for advanced surfers. Compensation for damages incurred by CUSTOMERS who do not have an advanced surfing level is excluded due to the violation of the terms of use.
​
6.5. CUSTOMERS are only entitled to compensation for damages in the event of proven grossly negligent or intentional behavior on the part of WAY. Liability for slightly negligent behavior is excluded, with the exception of any personal injury. In particular, damages arising from third-party claims, consequential and financial losses and loss of interest shall not be compensated.
​
7. WITHDRAWAL (REVOCATION) ACCORDING TO FAGG FOR CONSUMERS
7.1. According to Sect. 11 FAGG, CUSTOMERS have the right to withdraw from the contract within 14 days without giving reasons.
​
7.2. The period for withdrawal begins
-
on the day on which the CUSTOMER or a third party designated by the CUSTOMER (not acting as carrier) acquires possession of the PRODUCT,
-
if the CUSTOMER has ordered several PRODUCTS as part of a single order, which are delivered separately, on the day on which the CUSTOMER or a third party designated by the CUSTOMER (not acting as a carrier) acquires possession of the last PRODUCT delivered, or
-
in the case of delivery of a PRODUCT in several partial shipments, on the day on which the CUSTOMER or a third party designated by the CUSTOMER (not acting as carrier) acquires possession of the last partial shipment.
​
7.3. In order to comply with the withdrawal period, the CUSTOMER must submit a clear declaration of withdrawal within the deadline to Otto-von-Lilienthal-Straße 104, 5020 Salzburg, by post or e-mail to office@way-watersports.com. The declaration of withdrawal can be made informally, a sample form is available to the CUSTOMER as Appendix I to these GTC.
​
7.4. In the event of withdrawal, the CUSTOMER must return the product received immediately, but at the latest within 14 days of submitting the declaration of withdrawal. The costs of the return shipment shall be borne by the CUSTOMER. The return shipment must be sent to the following address: Otto-von-Lilienthal-Straße 104, 5020 Salzburg.
​
7.5. The right of withdrawal does not apply to contracts
-
for the delivery of PRODUCTS which have been adapted and manufactured according to the special requirements and wishes of the CUSTOMER, which are not prefabricated and for the manufacture of which an individual selection or determination by the CUSTOMER is decisive or which are clearly tailored to the personal needs of the CUSTOMER,
-
for the delivery of PRODUCTS if these have been inseparably mixed with other goods after delivery due to their nature.
​
7.6. The purchase price including delivery costs will be refunded within 14 days of receipt of the declaration of withdrawal. The refund shall be made in the same way as the payment itself, i.e. by bank transfer. In the event that the PRODUCTS are damaged or destroyed in the course of the return shipment after a withdrawal, the CUSTOMER bears this risk and must compensate WAY for any damages incurred.
​
8. WITHDRAWAL (WIDERRUF) ACCORDING TO KSchG
8.1. CUSTOMERS may also withdraw from the contract within 14 days in accordance with § 3 KSchG if they have not made their contractual declaration on WAY's business premises. The CUSTOMER is not entitled to this right of withdrawal if they themselves have initiated the business relationship with WAY or its agents for the purpose of concluding this contract.
​
8.2. In accordance with § 3a KSchG, CUSTOMERS have the right to withdraw from this contract within 14 days without giving reasons if WAY has exerted an increased influence on the CUSTOMER's decision-making process in the course of the contract negotiations and the contract negotiations have led to a conclusion in which the CUSTOMER could assume, based on WAY's presentation, that certain circumstances will occur which were decisive for his decision. If the circumstances described do not occur, the CUSTOMER has the right to withdraw from the contract.
​
8.3. To exercise the right of withdrawal under this clause 8 the clauses 7.3-7.6 are applicable mutatis mutandis.
​
9. OTHER PROVISIONS
9.1. Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of the remaining provisions of these GTC. The same shall apply if the existence of a loophole in these GTC should become apparent. In place of the invalid or unenforceable provision or in place of a loophole, WAY and the CUSTOMER shall agree on an appropriate provision that comes as close as legally possible to what both contracting parties would have agreed as a contractual provision if they had become aware of the invalidity or unenforceability or the loophole in good time.
9.2. No provision of these GTC shall be understood to conflict with any legal obligations of a contracting party.
​
9.3. The legal relationship between the contracting parties and all claims arising therefrom may not be assigned or transferred by either contracting party without the prior consent of the other contracting party.
​
9.4. WAY reserves the copyright to all images, films and texts published in the WAY online store and product catalogs. Use of the images, films and texts is not permitted without the express consent of WAY. Furthermore, WAY points out that WAY has intellectual property rights to the PRODUCTS, so that the CUSTOMER has no exploitation, reproduction or distribution rights to the PRODUCTS.
​
9.5. The contractual relationship between WAY and the CUSTOMER is subject to Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and to the exclusion of the conflict of law rules of private international law. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn.
​
9.6. For all legal disputes in connection with the contractual relationship between WAY and the CUSTOMER, the exclusive jurisdiction of the competent court in whose district WAY operates its business is agreed.
​
9.7. WAY reserves the right to make the fulfillment of the contract concluded between the CUSTOMER and WAY subject to the condition that no obstacles such as international export regulations, national re-export regulations, unforeseeable and unplannable delays caused by a pandemic and other sanctions prevent proper fulfillment of the contract.
​