General Terms and Conditions (GTC) for the Online Shop of JUMP25 Sportanlagenbetriebs GmbH

1. general
1.1 Scope

These General Terms and Conditions (hereinafter referred to as "GTC") govern all business relations initiated via the online shop between JUMP25 Sportanlagenbetriebs GmbH, Waldweg 6, 8401 Kalsdorf bei Graz, Austria (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"). The Seller shall conclude the contracts with the Customers concluded via the online shop accessible at crediso18.sg-host.com exclusively under inclusion of these GTC. These GTC are published on the homepage crediso18.sg-host.com and can be downloaded.

1.2 Customer service

Customer service is available for questions, complaints and claims on weekdays from 10:00 to 16:00. Further contact details are published on crediso18.sg-host.com.

2. offers and service descriptions

The presentation of the products in the online shop does not constitute a legally binding offer by the seller, but an invitation to place an order by the customer. Performance descriptions in catalogues and on the Seller's website do not have the character of an assurance or guarantee. All offers are valid "while stocks last", unless explicitly stated otherwise on the products. In all other respects, errors and mistakes in the publication of the products, their description and their prices are reserved.

3. order process and conclusion of contract
3.1 General

The customer can select products from the seller's range without obligation and collect them in a virtual shopping cart via the "Add to cart" button. The customer can then complete the order process within the shopping basket by clicking on the "Proceed to checkout" button. By clicking on the button "Order subject to payment", the customer makes a binding offer to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time. Necessary details are marked with an asterisk (*). The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the Seller has received the Customer's order and does not constitute acceptance of the offer. The purchase contract is only concluded when the seller has sent or handed over the ordered product to the customer within 2 days or has confirmed the dispatch to the customer within 2 days with a second e-mail (express order confirmation or sending of the invoice).

3.2 Payment in advance

If the seller allows the customer to pay in advance, the contract is concluded when the seller provides the bank details and requests payment. If the payment is not received by the seller within 10 calendar days at the latest after sending the order confirmation, despite the due date, even after a renewed request, the seller shall withdraw from the contract, with the consequence that the order shall lapse and the seller shall have no obligation to deliver. The reservation of a product in the case of payment in advance is therefore made for a maximum of 10 calendar days. In the case of payment in advance, the ordered product will only be delivered after the invoice amount has been received in full.

4. prices and shipping costs

All prices stated on the Seller's website are inclusive of statutory VAT. Promotions (e.g. discounts and other benefits) can only be claimed once at a time if the requirements are met and two or more promotions cannot be combined with each other. Cash redemption of vouchers or promotions (e.g. discounts or other benefits) is not possible. In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs are disclosed to the customer on the shipping costs page of the jump25.at homepage and during the order process.

5 Order process and conclusion of contract
5.1 Permanently unavailable goods

Safety instructions as well as instructions for proper use of the facilities by JUMP25 staff must always be followed. In the event of non-compliance, JUMP25 staff are entitled to prohibit the user from further use of the JUMP25 facilities without this giving rise to a claim by the user for compensation for the purchased admission ticket.

5.2 Temporarily unavailable goods

If the product designated by the customer in the order is only temporarily unavailable, the seller shall inform the customer of this in the order confirmation. In the event of a delay in delivery of more than 14 calendar days, the customer has the right to withdraw from the contract. In this case, the seller shall also be entitled to withdraw from the contract. In this case, the seller shall immediately refund any payments already made by the customer.

6. payment modalities
6.1 General

The customer can choose from the available payment methods within the framework of and before completing the order process:

(i) Credit card and direct debit via PayPal,
(ii) Credit card (without PayPal),
(iii) Sofortüberweisung.

6.2 Payment deadline, due date and default

If payment by invoice has been expressly agreed between the seller and the customer, payment must be made within 7 calendar days at the latest after receipt of the goods and the invoice. For all other methods of payment, payment shall be made in advance without deduction. If the due date for payment is determined by the calendar, the customer shall already be in default by missing the deadline. In this case, the customer shall pay interest on arrears at the rate of 6% p.a.. The customer's obligation to pay default interest does not preclude the seller from claiming further damages caused by default.

7. retention of title

The delivered goods remain the property of the seller until full payment has been made.

 

8 Warranty for material defects

The warranty for material defects shall be determined in accordance with the statutory provisions.

 

9. liability
9.1 Disclaimer

Liability for damages of any kind caused by the Seller due to a slightly negligent breach of its (contractual) obligations is excluded.

 

9.2 Personal liability of employees, representatives and vicarious agents

Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

 

10. right of withdrawal

- Beginning of the withdrawal policy for consumers -

10.1 Withdrawal by express written declaration

Each customer may withdraw from the contract concluded within 14 days after receipt of the goods by sending a written declaration of withdrawal without stating reasons. It is sufficient if the declaration of withdrawal is sent within this period (the date of the postmark is decisive).

10.2 Return of the goods after withdrawal by express declaration

The customer is demonstrably obliged to return the goods without delay. The return shipping costs (postage) shall be borne by the customer. If the goods have been used and/or damaged, the customer shall pay to the seller an appropriate fee for the use including an appropriate compensation for the damages incurred - up to a maximum of the value of the goods. The notice of withdrawal shall be sent to the following address: JUMP 25 Sportanlagenbetriebs GmbH, Waldweg 6, 8401 Kalsdorf bei Graz, Austria.

10.3 Withdrawal by simply returning the goods

The customer may also exercise his right of withdrawal by merely returning the goods to the seller within 14 days of receipt without a written declaration of withdrawal. In this case, it is sufficient for the deadline to be met if the goods are demonstrably dispatched in good time. The prerequisite for this form of exercising the right of withdrawal by simply returning the goods is that the goods are not damaged or used and that they are returned with sufficient postage. Exclusively in the case of an incorrect or defective delivery, the seller shall bear the return shipping costs (postage).

10.4 Transfer of risk when returning the goods

The risk of the return shipment as well as its proof shall be borne by the customer in each case. In the event of a withdrawal by the customer (by express declaration or simple return of the goods), the seller shall immediately refund the purchase price already paid - shipping costs will not be refunded. If the order is placed on open account, the customer's account will be credited.

10.5 Exclusion of the right of withdrawal

The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs or to the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by the customer.

- End of the consumer withdrawal policy -

11. returns

Customers are requested to notify the seller (please use the contact form) of the return before returning the goods. In this way, they enable the seller to allocate the products as quickly as possible. Customers are requested to return the goods to the seller as a prepaid parcel and to keep the parcel delivery receipt. If possible, the goods should be returned to the Seller in their original packaging with all accessories. If the original packaging is no longer in the Seller's possession, other suitable packaging should be used to ensure adequate protection against damage in transit and to avoid any claims for damages due to inadequate packaging. The modalities mentioned in this section (No. 11) of the GTC are not a prerequisite for the effective exercise of the withdrawal (No. 10) of these GTC.

12. storage of the contract text

The seller stores the contract text of the order. These GTC are available online here. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order. The seller will also send the customer an order confirmation with all order data to the e-mail address provided by the customer.

13. data protection

The customer agrees that the data disclosed in the course of the business relationship with the seller may be used for the purpose of contract performance, accounting and internal market research and marketing purposes, also with the aid of automated systems. The customer also agrees that his disclosed electronic postal address may be used for direct marketing of the seller by means of electronic mail, whereby the customer may revoke this consent at any time. The revocation can be declared at any time via e-mail to office@jump25.at.

14 Jurisdiction

For all disputes between the customer and the seller, in particular for disputes regarding the effective conclusion of a contract, the exclusive jurisdiction of the court with subject-matter jurisdiction in Graz is agreed.

15 Applicable law

All disputes arising out of or on the basis of the business relationship between the Seller and the Customer, in particular disputes regarding the effective formation of a contract, shall be governed by Austrian law to the exclusion of the Austrian conflict of laws rules. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded with regard to the above-mentioned legal disputes.

16. dispute settlement

The EU Commission provides an online dispute resolution platform 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.

Status AGB: 04/2017

General Terms and Conditions (GTC) of JUMP25 Sportanlagenbetriebs GmbH

1. general
1.1 Validity of the General Terms and Conditions of Business

These General Terms and Conditions (hereinafter referred to as "GTC") govern the use of the facilities of JUMP25 Sportanlagenbetriebs GmbH (hereinafter referred to as "JUMP25") at its location in Waldweg 6, 8401 Kalsdorf bei Graz, by users (hereinafter referred to as "Users"). JUMP25 concludes contracts with users exclusively under inclusion of these GTC. Every user has the opportunity to inspect these GTC before purchasing an admission ticket and to receive these GTC. These GTC are posted in particular in the entrance and ticket office areas of the JUMP25 facilities. These GTC are also published on the homepage www.jump25.at and can be downloaded. With the purchase of an admission ticket, but also with the actual use of the JUMP25 facilities, the user is deemed to have accepted these GTC and is obliged to comply with them. Factual use is defined as presence in the JUMP25 facilities, in particular for the purpose of one's own sporting activities or to accompany other persons, as well as for the purpose of one's own consumption in the catering area or to accompany other persons.

1.2 Installations of the JUMP 25

The facilities of JUMP25 include all facilities located in the hall (so-called "Hangar 25"), such as in particular

and all

1.3 Prerequisites for the use of the JUMP 25 facilities

Users of JUMP25's facilities are required to:

(i) to read and observe the GTC fully and conscientiously before visiting the facilities of JUMP25 and before purchasing an admission ticket,

(ii) purchase a ticket each time they visit JUMP25's facilities unless they hold a valid season ticket in the user's name; and

(iii) to register at the ticket office each time they visit the JUMP25 facilities (also for season ticket holders).

1.4 Use of JUMP 25 facilities by minors

Minors from the age of 9 until the age of 18 may use the JUMP25 facilities independently, provided that they are physically and mentally healthy enough to use the facilities and their legal guardians give their consent to the use of the JUMP25 facilities. Children and minors under the age of 9 are only allowed to use the JUMP25 facilities if accompanied and supervised by an adult. Based on their experience and assessment of the physical and mental aptitude of children and minors under the age of 14, JUMP25 staff are free to restrict them to a certain area of the JUMP25 facilities (e.g. only allowing the use of an area of the JUMP25 facilities suitable for beginners), without this giving rise to a claim for a reduction in the price of the admission ticket. The adult accompanying the child or minor shall supervise the child/minor and ensure that the child/minor uses only those facilities that are appropriate to his/her physical and mental as well as sporting ability and that the child/minor does not endanger or injure himself/herself or other users of the JUMP25 facilities. The adult accompanying the child/minor is liable for any personal injury or damage to property caused by the child/minor.

1.5 Admission tickets

All tickets are non-transferable to other persons. In case of loss of tickets, there is no right to replacement. The current prices of admission tickets are posted in the entrance area of JUMP25 and published on the homepage www.jump25.at. The prices of the admission tickets are per person and include the respective statutory value added tax and other charges. Promotions (e.g. discounts and other benefits) can only be used once if the conditions are met and two or more promotions cannot be combined with each other. Cash redemption of vouchers or promotions (e.g. discounts or other benefits) is not possible.

1.6 Smoking ban

Smoking is absolutely prohibited in the entire JUMP25 building, including the catering area.

1.7 No liability for personal belongings

JUMP25 is not liable for the loss or theft of the user's personal belongings, including in the event of burglary in locked boxes. The designated cloakroom facilities are to be used for changing. The user's personal belongings are to be stored free of charge (against deposit) in lockable boxes. Valuable items (items with a value of more than EUR 200) may only be kept locked in the boxes near the entrance area. The optional use of the lockable boxes by users does not constitute a safekeeping contract with JUMP25. Users must immediately report any damage to the boxes to a JUMP25 employee.

1.8 Instructions from the staff

Safety instructions as well as instructions for proper use of the facilities by JUMP25 staff must always be followed. In the event of non-compliance, JUMP25 staff are entitled to prohibit the user from further use of the JUMP25 facilities without this giving rise to a claim by the user for compensation for the purchased admission ticket.

2. use at your own risk

The use of the facilities and the stay in all facilities of JUMP 25 is at the user's own risk. The user hereby confirms that he/she is aware that

(i) the sports that can be practised in the facilities of JUMP25, in particular trampolining, are risky sports, the practice of which is associated with an incalculable residual risk and may involve the risk of serious injury despite safety precautions,

(ii) the sports that can be practised in the facilities of JUMP25, in particular trampolining, always require a high level of concentration, personal responsibility and specific skill,

(iii) the sports that can be practised in the JUMP25 facilities, in particular trampolining, can create additional risks and dangers in a group or when the facility is heavily frequented,

(iv) increased hazards may arise in particular in the event of improper use of the facilities, devices and safety equipment offered.

The user hereby declares to be in good physical and mental condition and to accept all such risks and dangers associated with the use of the facilities of JUMP25 of his own free will and at his own risk.

3. rules for the use of the facilities of JUMP 25
3.1 Sports skills

The staff of JUMP25 are entitled, if there is a justified reason, to carry out a check of the sporting skills of each user and, if necessary, to restrict the user to a certain area of the JUMP25 facility (e.g. only to allow the use of an area of the JUMP25 facility suitable for beginners), without this giving rise to a claim to a reduction in the price of the admission ticket. A justified reason in the sense of this point is the assessment of a JUMP25 employee based on his or her experience and perception that the user poses a risk to him or herself or to other users.

3.2 Alcohol / addictive substances

The use of the JUMP25 facilities under the influence of alcohol, addictive substances and any mind-altering substances or debilitating drugs is strictly prohibited.

3.3 Warm up

To avoid injury, each user should always warm up fully before using JUMP25's facilities, especially before trampolining.

3.4 Non-slip socks

The JUMP25 facilities, especially the trampolines, may only be used with non-slip socks. The use of the JUMP25 facilities with street shoes, without non-slip socks or barefoot is not permitted.

3.5 Appropriate clothing / no jewellery / no bags

To avoid injury, appropriate clothing must be worn when using the JUMP25 facilities. Clothing that restricts jumping and movement, for example, must not be worn. When using trampolines, clothing with hanging zips, loops and straps must not be worn. Visual and hearing aids that could detach from the head during jumping may not be worn, nor may headgear, jewellery or piercings. The trampolines may only be entered and used without bags (handbags, backpacks, etc.) and only with empty trouser pockets. No jewellery (such as rings, bangles and bracelets, necklaces, etc.) may be worn when using the JUMP25 facilities. In addition, Mp3 players and other devices that impair attention are prohibited when using the JUMP25 facilities.

3.6 Hazard prevention

Lying down and resting on the trampoline areas is prohibited. The zones marked for this purpose are intended for resting. Especially when jumping on the trampoline, sufficient distance to other users must be observed in order to prevent accidents.

3.7 Food and drink

The consumption of food and drinks (especially sweets and chewing gum) is prohibited on the trampoline areas without exception. No glass bottles may be used in the entire area of the JUMP25 facilities.

3.8. animals

With the exception of guide dogs or partner dogs for disabled people, animals are not allowed.

3.9. unusability of individual areas

Parts of the JUMP25 facilities may be temporarily closed for use for competitions, other events, cleaning and other necessary work. These closures will be announced as far as possible in good time and will not result in any claims for compensation by users.

4. liability
4.1 Liability of JUMP25

Any liability of JUMP25 - also with regard to the liability for vicarious agents of JUMP25 as well as for pre-contractual and/or collateral obligations - for slight negligence is excluded, insofar as it does not concern personal injury to a user. Liability of JUMP25 for loss of profit or other financial losses as a result of personal injury within the scope of slight negligence is therefore also excluded.

4.2 Liability of the user

The user is obliged to indemnify JUMP25 against all damages of any kind caused by him/her directly or indirectly in the course of using the facilities of JUMP25. The user also undertakes to report any such damage to a JUMP25 employee immediately.

5. exclusion of a user

Anyone who violates the GTC, the safety, use and behaviour rules or instructions of the JUMP25 staff may be excluded from the use of individual or all facilities of JUMP25 and expelled from the premises. In this case, there is no entitlement to (aliquot) reimbursement of the price of the admission ticket. In the event of repeated violations of the GTC, the safety, usage and behaviour rules or instructions of JUMP25 staff, the user may be permanently banned from the premises, in which case the admission ticket will be cancelled. There is no entitlement to an (aliquot) refund of the price.

6. privacy policy

The user agrees that the data disclosed in the context of the use of the facilities of JUMP25 may also be used in an automated manner for the purpose of contract fulfilment, accounting and internal market research and marketing purposes. The user also agrees that his or her electronic mail address may be used for direct marketing by JUMP25 by means of electronic mail, whereby the user may revoke this consent at any time. The revocation can be declared at any time via e-mail to office@jump25.at.

7. consent to photos and films

The user gives his consent for photos and films to be taken in the JUMP25 facilities by JUMP25 employees or by third parties commissioned by JUMP25 - even without the user being directly informed of this - in which the user may be recognisable, and for these to be published free of charge and without naming the persons shown for the purpose of advertising the JUMP25 facilities, in particular for the presentation of the JUMP25 facilities, on the website as well as on the Facebook presence of JUMP25. In this respect, the user waives any claims, in particular under Section 78 of the Copyright Act. This consent can be revoked at any time by sending an email to office@jump25.at. However, the revocation shall then only apply from the time of the declaration and cannot give rise to any claims relating to a period prior to the declaration of the revocation. In particular, revocation of this consent does not oblige JUMP25 to remove photos or films that have already been published.

8. video surveillance

The sports facilities of JUMP25 are video-monitored for security reasons, namely to protect the users as well as the object or the facilities and to fulfil legal duties of care. Those rooms that are to be assigned to the most personal area of life, such as cloakrooms and sanitary rooms, are not video-monitored. Video surveillance and video storage are carried out in accordance with legal regulations. The video recordings are stored for a maximum of 72 hours and then deleted. Only in exceptional cases and in the event of exceptional circumstances (e.g. urgent suspicion of a criminal offence or an accident) can a specific video recording be stored for longer than 72 hours for the purpose of providing and securing evidence.

9 Ineffectiveness of individual provisions

Should individual points of these GTC be or become invalid, this shall not affect the validity of the remaining provisions and the contracting parties undertake to agree on a valid provision in place of the invalid provision which comes closest to it in terms of (economic) sense and purpose.

10. place of jurisdiction

For all disputes between the user and JUMP25, the exclusive jurisdiction of the competent court in Graz is agreed.

Status AGB: 04/2019