Legal
Terms and Conditions
General Terms and Conditions Golfsport Company Trading GmbH - golfballs.at - golfsimulator.kaufen - valid from 1.7.2026
1. Validity of General Terms and Conditions (GTC)
Unless expressly agreed otherwise, our GTC, as communicated to the contractual partner, shall apply.
Our contractual partner agrees that in case of using his own GTC, our conditions shall prevail, even if the contractual partner's conditions remain unopposed.
Performance of the contract by us shall not be considered as consent to contractual conditions deviating from our conditions. If ambiguities remain in the interpretation of the contract, these shall be resolved in such a way that those contents are deemed agreed which are usually agreed in comparable cases.
2. Our Offer
Our offers are non-binding.
2.1. Offer in E-Business
We are not obliged to provide the information according to §§ 9, 10 ECG.
2.2. Offers in Distance Selling / Instruction on the Right of Withdrawal
2.2.1. In the case of online ordering of goods
Customers who are consumers within the meaning of the Consumer Protection Act can withdraw from a distance contract (or a contractual declaration made by distance communication) within a period of 7 working days from receipt of the delivered goods.
It is sufficient if the declaration of withdrawal is sent within the deadline without stating reasons; Saturdays do not count as working days.
In the event of withdrawal, a full or partial refund of the purchase price will only take place step by step against the return of the goods received by the customer. The costs of return shipping shall be borne by the customer.
The goods should be returned in unused and resalable condition and in their original packaging. For items that are impaired by signs of use or whose packaging is damaged, we will charge a reasonable fee for the reduction in value. The same applies if accessories or parts are missing when the goods are returned.
For used products such as lake balls or second-hand golf products, an exchange or right of withdrawal only exists if the products are returned in the PVC bag "originally" sealed by us. This is because it is impossible for us to check whether you may have exchanged the goods or not.
The costs of return shipping shall in any case be borne by the customer, regardless of whether the goods were unsuitable or simply decided not to keep the item(s).
Should the goods be returned freight unpaid, we are entitled to withhold a corresponding amount or to invoice it.
Freight costs incurred by us when shipping to the customer will be passed on to the customer and deducted from the refund of the purchase amount.
For audio or video recordings such as CDs, DVDs, videos, etc., as well as for computer software, a right of withdrawal only exists if the goods have not been unsealed.
2.2.2. In the case of online ordering of services
Customers who are consumers within the meaning of the Consumer Protection Act can withdraw from a distance contract (or a contractual declaration made by distance communication) within a period of 7 working days. The withdrawal period begins on the day the contract is concluded, with Saturdays not counting as working days.
It is sufficient if the declaration of withdrawal is made within the deadline without stating reasons.
In the event of withdrawal, a full or partial refund of the price will only take place step by step against any return of services already received. Services received must be returned as far as possible and may no longer be used or claimed, even partially, by the customer, or any other benefits derived from them. A reasonable fee will be retained by us for the services already rendered. Any costs of return shall be borne by the customer.
However, the right of withdrawal does not exist if the execution of the service / order of goods from the supplier or production or manufacturing is commenced within the withdrawal period as agreed.
There is no right of withdrawal for the order of goods and products that are specially made for them or have to be imported from a third country (e.g. USA). This applies in particular to goods and products such as golf simulators and their additional products such as impact screens, artificial turf, hitting boxes and/or floor constructions.
2.3. Possible Supplement
It is agreed that the execution of the ordered service(s), production or manufacturing will begin immediately or within seven working days of ordering. There is no right of withdrawal for the service(s), production or custom manufacturing.
2.3.1. Price Labeling / Typographical Errors / Order Cancellation by Golfsport Company KG
Golfsport Company Trading GmbH reserves the right to refund any online order on golfballs.at or other webshops of Golfsport Company Trading GmbH in case of price and typographical errors within 7 days of sale, at no cost to the buyer, in the same way as the sale was made.
A legal remedy against this regulation is mutually excluded.
2.4. Construction of Golf Simulator Systems
2.4.1 Offer / Planning / Measurement:
We assume that the plans provided to us have been scaled and depicted true to reality.
The client is responsible for the execution and measurement of the location, i.e., the adaptation of the room to the simulator.
This applies explicitly, especially to plans that cannot or can only partially be carried out by our personnel on site.
For all installations outside a radius of 200 highway kilometers from Vienna / Austria, all travel costs before, during, and after the installation are to be borne by the client.
Exempt from this are technical errors that are within the contractor's responsibility and can only be resolved on site.
This includes full reimbursement of travel costs and expenses, rental car hotel costs, as well as a flat daily rate of 300 Euros per person for work at the installation site.
Within a 200 km radius of Vienna, a flat rate of 100 Euros excluding VAT is agreed for work on the construction site.
Special agreements must be confirmed in writing by Golfsport Company Trading GmbH and are not automatically deemed agreed.
2.4.2 Start of Service / Scope of Service / Service Period
Golfsport Company Trading GmbH usually begins the service after receipt of the agreed down payment / total payment in our account; the agreed delivery time also begins on the date of payment receipt.
Golfsport Company Trading GmbH is entitled to make minor changes to the commenced service if this is technically necessary, expedient, and reasonable for the client. Such service changes and additional services that are not attributable to the risk sphere of Golfsport Company Trading GmbH shall be remunerated separately by the client.
The work must be carried out according to the construction schedule / agreed deadline. If no construction schedule is available, an agreement on the execution times must be reached between the contracting parties.
Golfsport Company Trading GmbH has the right to extend the service period and the associated additional costs in the event of unforeseen influences.
If the client, despite being given an extension, fails to clarify essential construction details, leading to delays in performance, Golfsport Company Trading GmbH is entitled to stop construction and invoice the services rendered up to that point.
The client is responsible for all resulting costs and delays; at least the project fee according to our GTC 2.4.6 will be due.
2.4.3. Completion / Payment / Support
After completion and training on the simulator system, a final payment must be made in cash or by prepayment after the training.
A release for the use of the system, e.g., handover of the security dongle or activation of the licenses, will only take place after full payment or receipt of payment in our account.
Under certain circumstances, a license for a simulator or associated software can be used 14 days before final payment before it automatically expires. The license will only be fully and permanently activated upon receipt of full payment from the customer.
Should Golfsport Company Trading GmbH have to deactivate a license or software due to non-payment, any resulting damages from loss of revenue or similar cannot be asserted against Golfsport Company. Upon receipt of payment, Golfsport Company Trading GmbH must ensure that the licenses are fully and finally activated within 2 working days at the latest.
We offer free telephone / TeamViewer support for 30 days for a duration of 120 minutes after installation; subsequently, the scope will be invoiced to the customer after consultation and offer submission.
Another personal visit to the simulator system by Golfsport Company Trading GmbH is only free of charge if a technical fault on our part exists. Otherwise, the systems are managed remotely.
It is particularly important to ensure that a technician can connect to the PC at the system with a high-speed internet connection.
Should the system no longer function due to improper use or other circumstances over which Golfsport Company Trading GmbH has no influence, full cost compensation (travel costs, rental car and hotel + 800 excl. VAT / person and day flat rate) must be paid by the contractor.
2.4.4. Cancellation of Custom-Made Golf Simulator System
Should circumstances arise that make it impossible or only partially possible to install the simulator in the room planned by the client, a partial or full reimbursement of the services to Golfsport Company Trading GmbH must be made, depending on the effort already expended.
This applies in particular to all planning and production steps that have been exclusively custom-made for the customer.
In any case, however, the project fee according to our GTC 2.4.6 will be due.
2.4.5. Cancellation of Brokerage for a Golf Simulator Installation (FSG, About Golf, Hi Def Golf, etc.)
In the case of brokering a golf simulator system, which is entirely or partially installed by a third-party company, we refer to the GTC and cancellation conditions of our partner company in the event that the system cannot be implemented.
Depending on the effort already expended, the client must provide a partial or full reimbursement of the services to Golfsport Company Trading GmbH and to the contractor commissioned by Golfsport Company.
In any case, however, the project fee according to our GTC 2.4.6 will be due.
2.4.6. Project Fee / Special Expenses
It is agreed that in the event of cancellation of a golf simulator system, e.g., installation not possible on site – cancellation of the system by the client, a project fee of 20% of the total net order sum will be due. This will be deducted from any down payment already made and repaid to the client's account within 30 days net without further deductions.
If no down payment has been made and Golfsport Company Trading GmbH has already started construction of the system, a fee of 20% must be paid to our account within 14 days net without further deductions.
For purchases directly through our online shop and for online payments according to the Distance Selling Act, e.g., golf launch monitors or other golf third-party products, the provisions for e-commerce trade and §3 of the Consumer Protection Act from Austria and its withdrawal provisions apply. Excluded are products subject to registration, e.g., software, which are entirely excluded from exchange.
3. Protection of Plans and Documents / Confidentiality
Plans, sketches, cost estimates and other documents such as brochures, catalogues, samples, presentations and similar remain our intellectual property. Any use, in particular the passing on, reproduction, publication and provision, including even partial copying, requires our express consent.
All documents listed above can be reclaimed by us at any time and must in any case be returned to us immediately and unsolicited if the contract is not concluded.
Our contractual partner further undertakes to keep confidential any knowledge gained from the business relationship from third parties.
4. Price (Purchase Price, Work Remuneration)
We are entitled to invoice the work performance to be provided by us, in the absence of other agreement, according to the actual expenditure and the costs incurred by us. These invoices are to be paid within 14 days of receipt of the invoice. For every hour worked, including travel time, € 50 will be charged. Started hours, including travel time, will be charged as full hours.
If no justified objection to our invoice is raised in writing within 2 weeks, it shall in any case be deemed approved. We are expressly entitled to make partial invoices, provided that the services are rendered in parts.
All prices stated by us are, unless expressly stated otherwise, exclusive of value added tax. In the event of invoicing, the statutory value added tax will be added to these prices.
4.1. Value Retention Clause
The value retention of the claim including ancillary claims is expressly agreed. The consumer price index 2 published monthly by the Austrian Statistical Office or an index replacing it serves as the measure for calculating value retention.
The index number calculated for the month of the conclusion of the contract serves as the reference value for this contract. Fluctuations of the index number upwards or downwards up to and including 3% are disregarded and will only be fully charged if this margin is exceeded. This margin must be recalculated each time it is exceeded upwards or downwards, whereby the first index number outside the currently applicable margin must always form the basis for both the new determination of the claim amount and the calculation of the new margin. The resulting amounts are to be rounded commercially to one decimal place.
If it is a consumer transaction, no price changes will be charged during the first two months from the conclusion of the contract – unless these have been expressly negotiated individually.
5. Terms of Payment (Due Date, Partial Payment, Discount)
The buyer/customer undertakes to pay the full purchase price/work remuneration already upon conclusion of the contract.
Payment is only considered timely if the amount has been received or credited to our account by the due date.
If the buyer/customer fails to make even a partial payment within the payment period agreed for a cash discount, he loses his right to a cash discount not only for this partial payment, but also for all payments already made or yet to be made.
For golf simulator systems, the project fee according to our GTC 2.4.6 is due.
6. Default Interest
Even in the event of default in payment by the buyer/customer for which he is not responsible, we are entitled to charge default interest at a rate of 10% above the base interest rate annually; this does not affect claims for compensation for proven higher interest.
7. Transport - Risk Bearing
In the absence of an explicit agreement to the contrary, the costs and risks of transport for deliveries are borne by our contractual partner.
8. Retention of Title
The goods remain our property until full payment of the purchase price and all costs and expenses. Resale is only permitted if we have been notified in advance, stating the name or company and the precise business address of the buyer, and if we agree to the sale. In the event of our consent, the purchase price claim is deemed assigned to us, and we are authorized at any time to notify the third-party debtor of this assignment. In the event of multiple claims on our part, payments from the debtor will primarily be credited to those of our claims that are not (or no longer) secured by a retention of title or other collateral.
In the event of even partial default in payment, the buyer agrees that we may collect the goods at any time at their expense.
In the event of default, we are entitled to assert our rights from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare a withdrawal from the contract.
9. Place of Performance
The place of performance for both our services and the consideration is 2482 Münchendorf - Austria.
10. Non-performance/Delay in Delivery and Performance
The buyer/contractor must in any case accept minor exceeding of delivery deadlines without being entitled to any claim for damages or right of withdrawal.
10.1. Default of Acceptance
If our contracting partner is in default of acceptance, we are entitled either to store the goods with us, for which we will charge a storage fee of € 5 per calendar day commenced, and at the same time insist on performance of the contract, or, after setting a reasonable grace period, to withdraw from the contract and dispose of the goods elsewhere.
11. Cancellation Fees/Earnest Money
The buyer has the right to withdraw from the contract without stating reasons, upon payment of a cancellation fee (earnest money) of 35% of the purchase price/workmanship fee.
12. Unilateral Changes to Services
Objectively justified and reasonable changes to our service or delivery obligations, in particular reasonable delivery periods or short-term exceeding of payment deadlines on our part, are considered approved in advance.
Objectively justified and minor changes that do not affect the price may be made by us. This applies in particular to such delivery period extensions. If the actual delay can be estimated, we will announce how long a delay is expected, at the latest one week before the originally agreed delivery date.
13. Warranty
Except in cases where the right to rescission is granted by law, we reserve the right to fulfill the warranty claim at our discretion through improvement, replacement, or price reduction.
The recipient must always prove that the defect was already present at the time of handover.
The goods must be inspected immediately after delivery. Defects found must be reported to the seller immediately, but no later than 14 days after delivery, stating the type and extent of the defect.
Hidden defects must be reported immediately after their discovery. If a defect complaint is not made or not made in time, the goods are deemed approved. The assertion of warranty or damage claims as well as the right to challenge due to error based on defects are excluded in these cases.
The warranty period is 6 months for movable goods and 1 year for immovable goods from delivery/performance.
13.1. Right of Recourse according to § 933b ABGB
The right of recourse according to § 993b ABGB expires one year after delivery/performance.
14. Damages
Claims for damages in cases of slight negligence are excluded; this does not apply to personal injury. Claims for compensation expire after 3 months from knowledge of the damage and the tortfeasor, and in any case after 2 years after the service or delivery has been provided.
15. Product Liability
Any recourse claims asserted against us by contractual partners or third parties under the title "product liability" in the sense of the Product Liability Act (PHG) are excluded, unless the recourse claimant proves that the defect was caused in our sphere and was at least grossly negligent.
16. Set-off
Set-off against our claims with counterclaims of any kind is excluded.
17. Prohibitions of Refusal of Performance and Retention
Justified complaints do not entitle the customer to withhold the entire invoice amount, but only a reasonable portion of it.
18. Formal Requirements
All agreements, subsequent changes, additions, ancillary agreements, etc., require written form, including the original signature or secure electronic signature, to be valid.
Declarations, notifications, etc. addressed to us - with the exception of defect notifications - require written form, including the original signature or secure electronic signature, to be legally effective.
19. Choice of Law
Austrian substantive law shall apply to this contract. If the contracting party is a consumer and the conditions of Art 5 para 2 of the European Convention on the Law Applicable to Contractual Obligations (EVÜ) are not met, but a case of Art 5 para 4 in conjunction with para 5 EVÜ exists, the choice of law shall not result in the consumer being deprived of the protection afforded by the mandatory provisions of the law of the state in which he has his habitual residence.
20. Jurisdiction Agreement
The court having subject-matter jurisdiction at our company's registered office shall have local jurisdiction to decide all disputes arising from this contract. However, we also have the right to sue at the general place of jurisdiction of the contractual partner.
For all lawsuits filed against a consumer who has their domicile, habitual residence or place of employment in Austria, due to disputes arising from this contract, one of the courts in whose district the consumer has their domicile, habitual residence or place of employment shall be competent. For consumers who do not have a domicile in Austria at the time of concluding the contract, the statutory places of jurisdiction apply.
21. Arbitration Agreement - Arbitration
21.1. Domestic Arbitration
All disputes arising from this contract shall be finally decided by a sole arbitrator/panel of arbitrators (strike out what is not applicable) of the standing arbitration court of the Chamber of Commerce in ... in accordance with the arbitration rules applicable thereto.
21.2. International Arbitration at the Austrian Federal Economic Chamber (WKÖ)
All disputes arising out of or in connection with this contract, or relating to its breach, termination or invalidity, shall be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one or more arbitrators appointed in accordance with these rules.
English Version
All disputes arising out of this contract or related to its violation, termination or nullity shall be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Centre of the Austrian Federal Economic Chamber in Vienna (Vienna Rules) by one or more arbitrators appointed in accordance with these rules.
21.3. Arbitration at the International Chamber of Commerce in Paris
All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
English Version
All disputes arising out of or in connection with the present contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.
22. Further Provisions
22.1. Electronic Invoicing
Our customer agrees that invoices to them may also be created and transmitted electronically if they are created with a secure electronic signature.
22.2. Loss of Term
Insofar as the customer has to fulfill their payment obligation in installments, it is agreed that in the event of late payment of even one installment, all remaining outstanding partial payments shall become due immediately without further notice.
In consumer transactions, the above regulation applies mutatis mutandis, insofar as we have fully performed our service, even if only one outstanding performance of the customer is due for at least six weeks, and if we have reminded the customer, setting a grace period of at least two weeks, threatening loss of term.
22.3. Default interest for credit transactions with consumers
For credit transactions with consumers, the default interest amounts to the interest rate agreed for on-time payment plus 5 percentage points per annum.
23. DATA PROTECTION DECLARATION can be found at https://www.golfballs.at/Datenschutz-DSGVO
24. Name and Address
Golfsport Company Trading GmbH
Schusterstrasse 15.
2482 Münchendorf
Austria
Tel.: +43225930305
E-Mail: oliver@golfsport.company
Website: www.golfballs.at