Terms and Conditions

General Terms and Conditions with Customer Information

SMOTASTIC GmbH – Online Shop: www.bikejack.at

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of SMOTASTIC GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller concerning the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer concerning the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Seller can accept the Customer's offer within five days by,

• sending the Customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the Customer is decisive, or
• delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• requesting payment from the Customer after they have placed their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer.

2.4 When selecting a payment method offered via a payment service provider (e.g., Shopify Payments, Klarna, PayPal), payment processing takes place via the respective provider under its terms and conditions. If the Customer pays using one of these payment methods, the Seller already declares acceptance of the Customer's offer at the moment the Customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g., e-mail) after their order has been sent.

2.6 Before placing a binding order, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The Customer can correct their entries during the electronic ordering process until they click the button that concludes the ordering process.

2.7 The German language is exclusively available for the conclusion of the contract.

2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct and that e-mails sent by the Seller can be received.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs will be specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which are not attributable to the Seller and must be borne by the Customer (e.g., exchange rate fees, customs duties, import taxes).

4.3 Payment options are communicated to the Customer in the Seller's online shop. A detailed overview can be found on our Payment Methods page.

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

4.5 For payments via external payment service providers, their respective terms of use also apply. The payment transaction is carried out directly by the respective provider.

5) Delivery and Shipping Conditions

5.1 Delivery takes place within the specified delivery area to the delivery address provided by the Customer. The delivery address specified in the order processing is decisive for the execution of the transaction.

5.2 If delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. This does not apply to the return shipment if the Customer effectively exercises their right of withdrawal.

5.3 If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer only upon delivery of the goods. If the Customer acts as an entrepreneur, this risk already passes upon delivery to the carrier.

5.4 The Seller reserves the right to withdraw from the contract in the event of improper self-delivery. This only applies if the non-delivery is not attributable to the Seller. The Customer will be informed immediately and any consideration will be refunded without delay.

5.5 Self-collection is not possible due to logistical reasons.

6) Retention of Title

If the Seller makes advance performance, it retains ownership of the delivered goods until full payment of the owed purchase price.

7) Liability for Defects (Warranty)

7.1 Unless otherwise stipulated in the following provisions, the provisions of statutory liability for defects apply.

7.2 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of supplementary performance;
• for new goods, the limitation period for defects is one year from the delivery of the goods;
• for used goods, rights and claims due to defects are excluded;
• the limitation period does not begin anew if a replacement delivery is made within the scope of liability for defects.

7.3 The liability limitations and reductions of periods regulated above do not apply to claims for damages or in the case of fraudulently concealed defects.

7.4 If the Customer acts as a consumer, they are asked to report goods delivered with obvious transport damage to the deliverer and to inform the Seller thereof. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

8) Applicable Law

For all legal relationships between the parties, the law of the Republic of Austria shall apply, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

9) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's business location.

10) Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet: ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

10.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

Status: May 2026 · For questions: office@bikejack.at