1. Subject of the contract:
smovey GmbH, AUT Steyr (hereinafter referred to as smovey) sells products via its website www.smovey.com to end consumers and licensed dealers (hereinafter referred to as Customers). These General Terms and Conditions (GTC) conclusively define the conditions of the contractual relationship between smovey and the Customer with regard to all product orders placed via this website.
2. Conclusion of the contract:
All offers of smovey are non-binding and subject to change. Contracts will be concluded effectively only upon an email/online order by the Customer, immediate confirmation of receipt sent by email and the delivery of the products by smovey.
Deviating or contrary GTC of the Customer are not recognised and they are not part of the contract.
The Customer will be informed of the contract text immediately on placing an order (a) or in text form upon confirmation (b). The contract text will not be stored by smovey. The contract text is available in the German language. The Customer can correct input errors using the Reset button.
The minimum age on conclusion of the contract is the completed 18th year of age.
The price applicable on the day of delivery including the statutory value added tax plus shipment costs will be charged. Shipment costs will be disclosed to the Customer together with the prices at the conclusion of the contract.
4. Delivery/Delivery period:
The merchandise will be shipped ex-warehouse at the Customer’s cost. The dates and deadlines requested by the Customer are non-binding, unless expressly confirmed in writing by smovey. Solely the dates specified by smovey shall apply. The method of shipment is at smovey’s discretion.
A delay in delivery due to force majeure is not at the fault of smovey and does not release the Customer from his contractual obligations.
The merchandise will be delivered by smovey with discharging effect if they have been shipped to the Customer's address that he has indicated in the order and if the merchandise has been handed over to him or a person in his household or neighbourhood.
5. Right to revocation:
You have the right to revoke this contract within 14 (fourteen) days without a statement of reasons. The revocation period is 14 (fourteen) days from the day on which you or a third party appointed by you, who is not the carrier, have received the goods.
To exercise your right to revocation, you have to inform
Austria: smovey GmbH, Prof.-Anton-Neumann-Straße 8, 4400 Steyr
by clearly stating your request of revocation (e.g. by letter, fax or email). To do so, you can use the enclosed revocation form, but it is not mandatory to use it.
To observe the revocation period, it is sufficient if you mail the notice of the exercise of the right of revocation before expiration of the revocation period.
Consequences of revocation
If you revoke this contract, we will repay all amounts to you that have been received from you, including delivery costs (except for the additional costs resulting from your choice of another delivery method than the one offered by us, which is the most economical standard delivery), without delay and at the latest within fourteen days from receipt of your revocation of this contract. The repayment will be made by us using the same payment method that you have used for the original transaction, unless explicitly agreed otherwise with you. The repayment will be made to you free of charges. We can withhold the repayment until receipt of the returned merchandise or proof of the completed return shipment, whichever is earlier.
After receipt of your revocation notice, the goods are to be shipped back to smovey GmbH or returned immediately, whereas at the latest within 14 days. This period will be deemed observed if the merchandise is shipped out before expiration of the fourteen-day period. The costs incurred directly for the return of the merchandise are to be paid by you.
You shall be liable solely for a potential loss of value of the merchandise if such is due to improper handling of the merchandise by you going beyond the inspection of the condition, properties and mode of functioning of the merchandise.
The revocation form can be downloaded from this website.
6. Replacement delivery:
If the purchased merchandise is not available, smovey can offer the Customer delivery of equivalent merchandise or withdrawal from the contract, if smovey informs the Customer immediately of the absent availability and, in case of withdrawal, offers to refund the paid purchase price.
7. Warranty clauses for licensed dealers:
A defect in properties or condition is given only if the delivered merchandise has obvious material or manufacturing faults.
Warranty claims of the Customer are limited to subsequent fulfilment. In the case that subsequent fulfilment fails, the Customer shall have a right to reduce payment.
The risk shall transfer on the handover of the goods to the Customer or his person authorised for receipt according to Sec. 4.3.
8. Payment and default:
Payment can be made as follows for the goods:
- advance payment by cash remittance;
- credit card (MasterCard, Visa);
- online payment (PayPal, instant cash transfer, credit card).
The purchase price will be due upon invoicing.
If the Customer is in default, he shall pay default interest in the amount of 5% above the respective base interest rate to the seller. Delivered merchandise shall remain the seller's property until complete payment of the invoice.
The Customer will also be in default without dunning if he does not pay within 8 days from the due date and receipt of an invoice, provided that this is noted separately on the invoice.
9. Reservation of title:
Until the complete payment, the goods will remain the property of smovey GmbH.
10. Costs to be borne by the Customer:
If direct debits cannot be executed due to a lack of cover or for other reasons at the Customer's fault, the Customer shall bear all further costs.
The Customer shall bear the costs for deliveries that are returned to smovey because of an incorrect or imprecise address provided, omitted collection or refusal of acceptance or deliveries that are placed into storage by the freight forwarder and/or which are re-shipped.
11. Data privacy:
12. Severability clause:
If individual provisions of these GTC should be fully or partly void or invalid, the remaining terms shall remain unaffected thereof.
Changes or amendments to these GTC require the written form. This also applies to the requirement of the written form.
The law at the Customer’s place of residence applies to these GTC. The place of jurisdiction is Steyr if the Customer is a merchant.
13. Product warranty:
smovey extends a 12-month warranty for material durability. The Customer has a right to a free replacement delivery if smovey had the opportunity to confirm the absent material durability.
The warranty does not cover any consequential damages potentially arising from any defect of the contractual product.
The warranty does not cover defects that are caused by wear and tear or improper use, but solely defects that are due to material fatigue based on deficient processing of the product.
Use of the warranty is subject to the presentation of the original invoice. It can only be used within one year from the purchase date indicated on the original invoice.
The statutory warranty rights remain unaffected of the acceptance of the warranty.
Important information and liability exclusion:
The Vibroswing devices of smovey are oscillating and vibration rings that are used for a light to intensive full-body workout. The movement programmes have been composed carefully by smovey. Before working out with smovey, we urgently recommend getting a health or fitness check with a physician of your trust. Should problems or pain arise nonetheless during the use and the workout, you should consult a medical practitioner as soon as possible and clarify the situation medically. Moving and training with smovey is exclusively your own responsibility! smovey GmbH does not accept any liability for any arising injuries or damages.
PLACE OF JURISDICTION/APPLICABLE LAW:
Exclusively Austrian law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.