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General Terms and Conditions Kitz.Shop

1. Scope of validity

This website is solely directed to users - within the context of § 1 section 1 Z 2 of the Austrian Consumer Protection Act (KSchG) – who are over the age of 18 and are fully legally competent. A consumer is an individual person who completes a legal transaction for a purpose which will not be associated with any commercial or independent professional activity.

These General Terms and Conditions (GTC) are applicable to any order placed in the KitzShop via the www.kitzbuehel.com website. 

2. Webshop operator

The operator of this website is

Kitzbühel Tourismus

Statutory body under public law
Hinterstadt 18
6370 Kitzbühel
Austria
Tel.: +43 5356 66660
Fax: +43 5356 66660-77

E-mail: info@kitzbuehel.com
Internet: www.kitzbuehel.com

VAT number: ATU 31773202
Regulatory authority: The office in the Tyrol state government
Chamber membership: Tyrol Chamber of Commerce, Tourism and Leisure sector, specialist group: travel agencies, travel agencies register number 704-10710

3. Ordering and conclusion of contract

The presentation of the product in the webshop is not a legally binding offer from Kitzbühel Tourismus, rather it is merely intended as a request to the customer to submit an offer.

The customer may place the desired products in the basket without obligation, look at the contents of the basket without obligation at any time and also remove products from the basket. If the customer wants to purchase the products in the basket, they can place a corresponding order.

Before submitting an order, in the section of the webshop which is allocated, the customer is to provide their first name and surname, address, telephone number and e-mail address, where they can receive, read, store and print out e-mails from Kitzbühel Tourismus.

Upon placing an order in the webshop, which is completed by clicking the ‘place order – subject to fee’ button, the customer is submitting an offer, confirming that they are purchasing a product from the KitzShop. The receipt of the order is confirmed for the customer by KitzShop via an e-mail sent to the customer at the e-mail address provided.

This confirmation is still not an acceptance of the contract offer by the customer; the contract between the customer and Kitzbühel Tourismus is only completed upon the delivery of the ordered product (s), about which the customer will receive a delivery confirmation via e-mail to the e-mail address provided. 

4. Right of cancellation

Cancellation policy for contracts of purchase

You are entitled to cancel this contract within fourteen das, without stating any reasons. The cancellation period is fourteen days from the day you, or a third party named by you, who is not the carrier, takes possession of the goods.

To exercise your right of cancellation you must inform us (Kitzbühel Tourismus, Hinterstadt 18, 6370 Kitzbühel, Austria, telephone number: +43/5356/66660, fax number: +43/5356/66660-77, e-mail address: info@kitzbuehel.com) via a clear declaration (e.g. a letter sent by post, a fax or e-mail) stating your decision to cancel this contract. To do this you can electronically fill in and send the enclosed sample cancellation form, which is however not compulsory, or clearly state this on our website (www.kitzbuehel.com). Should you use this method we will send you a confirmation of cancellation right away (e.g. via e-mail) upon receipt of any such cancellation.

It is sufficient to send a message concerning your right to cancel, before the cancellation deadline expires, to safeguard the cancellation period.

Consequences of cancellation

If you cancel this contract, we are to reimburse you all payments which we have received from you, including the delivery costs, promptly and within fourteen days of the day we receive any message about the cancellation of this contract. We will use the same payment method for the refund which was used for the original transaction, unless otherwise expressly agreed with you; in no instance will you be charged fees for this refund.

We may delay making a refund until we receive the goods, or until you provide proof that you have sent the goods, whichever is earlier.

The goods are to be returned or sent back to us straight away and in any event within fourteen days of the day you informed us about the cancellation of this contract. The deadline is met when you send the goods before the fourteen day limit expires. The costs for returning goods is to be borne by you.

Any possible fall in value of goods is only to be met by you if the loss of value has resulted from handling of the goods in any way other than what is necessary to ascertain the nature and functioning of the goods, and when this can be attributed to you.

Exclusion of right of cancellation

Right of cancellation does not apply to contracts

  • for the delivery of goods which are not ready-made and for their preparation, it is imperative that the user makes their own selection and determines their own requirements based on their specific needs,
  • for the delivery of goods which may perish quickly or whose expiry date is due to expire,
  • for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery,
  • for the delivery of goods, when, due to their nature, they have become inseparably mixed with other goods after delivery,
  • for the delivery of alcoholic drinks whose price was agreed at the time of the conclusion of contract, but could only be delivered 30 days after the time of the conclusion of contract and whose current value is dependent upon market variations, on which the service provider has no influence,
  • for the delivery of sound or video shots or computer software in a sealed package, if the seal has been removed after delivery,
  • for the delivery of newspapers, magazines or journals, with the exception of subscriptions.

End of cancellation policy

5. Price and payment

All prices in the webshop are in Euro and include statutory VAT and packing costs. Any other delivery costs which may arise will be specifically disclosed. To conclude the order the process there is a choice of payment types available to the customer - generally credit card payment, or for customers whose usual place of residence is Austria, cash on delivery is also an option. Credit cards are charged at the point of conclusion of contract. 

6. Delivery/Availability

Delivery is by standard postal service and any other dispatch costs will be specifically stated before the conclusion of the order process. The products shown in the webshop are, in so far as not otherwise stated in the respective product description, available for immediate dispatch. Should one or several of the products ordered not be deliverable within 30 days of the customer order, the customer will be informed via e-mail about the non-availability of the product (s) and will be refunded for payments which have already been effected. Kitzbühel Tourismus will use the same payment method used by the customer for the original transaction to make a refund, unless otherwise agreed with the customer; in no event will the customer be charged any fees for the refund.

7. Warranty and Liability

Guarantees from Kitzbühel Tourismus meet with legal requirements. With the exception of personal injuries and breach of contractual obligation, Kitzbühel Tourismus is only liable for intent or gross negligence. Liability for simple negligent breach of actual contractual duty by Kitzbühel Tourismus is limited to foreseeable, typically occurring, damage.

8. Reservation of proprietary rights

Up until payment in full, the delivered product remains the property of Kitzbühel Tourismus.

9. Compensation

The customer shall be liable for the payment of outstanding dues by Kitzbühel Tourismus if Kitzbühel Tourismus is unable to pay, if the outstanding accounts are legally related to those of Kitzbühel Tourismus or are legally binding and have been acknowledged by Kitzbühel Tourismus.

10. Data protection/Telecommunication legislation

The customer gives their consent that as part of the processing of the contracts arranged to their personal details being electronically stored and processed by Kitzbühel Tourismus to complete the contract.

The customer consents to Kitzbühel Tourismus, or the company instructed by Kitzbühel Tourismus, to receive messages as per § 107 of the Telecommunication Act (TKG 2003). The customer can revoke this approval at any time.

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