1. Subject Matter of the Contract
smovey GmbH, AUT Steyr (hereinafter referred to as “smovey”), sells goods via its website www.smovey.com to end consumers and contractual partners (hereinafter referred to as “customers”).
These General Terms and Conditions (GTC) govern the contractual relationship between smovey and the customer with regard to orders placed via this website and shall apply exclusively.
2. Conclusion of Contract
2.1.
All offers made by smovey are non-binding and without obligation.
Contracts are concluded only upon the customer’s order by email or online, the immediate email order confirmation, and the delivery of the goods by smovey.
2.2.
Deviating or conflicting terms and conditions of the customer shall not be recognized and shall not form part of the contract.
2.3.
The contract text shall be made available to the customer immediately upon placing the order (a) or upon confirmation (b) in text form. The contract text is not stored by smovey.
The contract text is available in German. The customer may correct input errors using the “Back” button.
2.4.
The minimum age for concluding a contract is 18 years.
3. Prices:
The price applicable on the day of delivery shall apply, including statutory value-added tax (VAT) and excluding shipping costs.
Shipping costs shall be communicated to the customer together with the prices upon conclusion of the contract.
4. Delivery / Delivery Time
4.1.
The goods shall be shipped from the warehouse at the customer’s expense.
Delivery dates and deadlines requested by the customer are non-binding unless they have been expressly confirmed in writing by smovey. Only delivery dates specified by smovey shall apply. smovey is free to choose the method of shipment.
4.2.
Delays in delivery due to force majeure are not attributable to smovey and do not release the customer from their contractual obligations.
4.3.
Delivery of the goods by smovey shall have a discharging effect once the goods have been delivered to the address specified by the customer in the order and handed over to the customer or to a person in the same household or neighborhood who has confirmed receipt in writing or electronically.
5. Right of Withdrawal:
You have the right to withdraw from this contract within 14 (fourteen) days without giving any reason.
The withdrawal period shall be 14 (fourteen) days from the day on which you or a third party designated by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us:
Austria:
smovey GmbH
Weinzierlstraße 2a
4400 Steyr
E-Mail: office@smovey.com
by means of a clear statement (e.g. by letter, fax, or email) of your decision to withdraw from this contract.
You may use the attached withdrawal form for this purpose, but its use is not mandatory.
To comply with the withdrawal period, it is sufficient that you send your notification of exercising the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen (14) days from the day on which we receive notification of your withdrawal from this contract.
The reimbursement shall be made using the same means of payment as you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this reimbursement.
We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever occurs first.
After submitting your notice of withdrawal, you must return or hand over the goods to smovey GmbH without undue delay and in any event no later than fourteen (14) days from the day on which you notified us of your withdrawal.
The deadline is met if you send back the goods before the period of fourteen (14) days has expired.
You shall bear the direct costs of returning the goods.
You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
The withdrawal form can be downloaded from this website:
6. Replacement Delivery
If the purchased goods are not available, smovey may offer the customer delivery of equivalent goods.
In this case, the customer may withdraw from the contract if smovey immediately informs the customer of the unavailability and, in the event of withdrawal, offers to refund the purchase price already paid.
7. Warranty Provisions for Contractual Partners
7.1.
A defect in quality shall only exist if the delivered goods exhibit an obvious material or manufacturing defect.
7.2.
The customer’s warranty claims are limited to subsequent performance (remedy).
If subsequent performance fails, the customer shall be entitled to a reduction of the purchase price.
7.3.
The risk shall pass to the customer or the customer’s authorized recipient upon handover of the goods in accordance with Section 4.3.
8. Payment and Default
8.1.
Payment for the goods may be made as follows:
– Advance payment by bank transfer,
– Credit card (MasterCard, Visa),
– Online payment (PayPal, Sofort transfer, credit card)
8.2.
The purchase price shall be due upon issuance of the invoice.
8.3.
If the customer is in default of payment, the customer shall be obliged to pay default interest at a rate of 5% above the applicable base interest rate. The delivered goods shall remain the property of the seller until the invoice has been paid in full.
8.4.
The customer shall be in default of payment even without a reminder if payment is not made within 8 days after the due date and receipt of the invoice, provided that this is expressly stated on the invoice.
9. Retention of Title
Until full payment has been made, the goods shall remain the property of smovey GmbH.
10. Costs Borne by the Customer
10.1.
If direct debit charges cannot be processed due to insufficient funds or for other reasons attributable to the customer, the customer shall bear all resulting additional costs.
10.2.
For deliveries that are returned to smovey due to incorrect or incomplete address details, failure to collect the shipment, or refusal of acceptance, or that are stored by the carrier and/or reshipped, the customer shall bear the resulting costs.
11. Data Protection:
Personal data of customers (name, address, date of birth, email address, telephone number, and bank details) shall only be stored to the extent necessary for the fulfillment of smovey’s contractual obligations.
For all other matters, reference is made to the separate Privacy Policy.
Data processing is carried out with automated support in accordance with the provisions of the General Data Protection Regulation (GDPR).
12. Severability Clause:
12.1.
Should individual provisions of these Terms and Conditions be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
12.2.
Amendments or supplements to these Terms and Conditions must be made in writing. This shall also apply to any waiver of the written form requirement.
12.3.
The law applicable to these Terms and Conditions shall be the law of the customer’s place of residence.
If the customer is a merchant, the place of jurisdiction shall be Steyr.
13. Product Warranty:
13.1.
smovey provides a 12-month warranty for material durability.
The customer is entitled to a free replacement if smovey is able to verify that the defect is due to insufficient material durability.
13.2.
The warranty does not cover any consequential damages that may arise due to a defect in the contractual product.
13.3.
The warranty does not apply to defects resulting from normal wear and tear or improper use, but only to defects caused by material fatigue due to faulty processing of the product.
13.4.
The assertion of warranty claims is subject to the presentation of the original invoice. Warranty claims may only be made within one year from the purchase date stated on the original invoice.
13.5.
Statutory warranty rights remain unaffected by this warranty.
Important Information and Disclaimer of Liability:
The smovey vibroswing devices are swing and vibration rings that enable gentle to intensive full-body training.
The movement programs have been carefully developed by smovey.
Before training with smovey, we strongly recommend a health or performance check by a physician of your trust.
If any problems or pain occur during use or training with smovey, a physician should be consulted immediately to clarify the situation medically. Use of the smovey products and training with them is carried out entirely at your own risk. smovey GmbH assumes no liability whatsoever for any injuries or damages that may occur.
Place of Jurisdiction / Applicable Law:
Austrian law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).