General Terms and Conditions
for the CLiXyourstix online shop on Shopify
1. Scope of application
(1) These General Terms and Conditions (GTC) apply to all orders placed by consumers (§ 1 KSchG) and entrepreneurs (§ 1 UGB) via the online shop www.clixyoustix.com of
twenty eight holding gmbh
Klostergasse 22/Top 4
A-2340 Mödling
Austria
Telephone: +436641606000
Email: office@clixyourstix.com
AT identification number: ATU-78076715
(2) Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity in writing.
(3) Sales are made throughout Europe via the Shopify platform. The terms and conditions valid at the time of the order shall apply.
2. Contracting parties and conclusion of contract
(1) The purchase contract is concluded with
CLiXyourstix
c/o twenty eight holding gmbh
Klostergasse 22/Top 4
A-2340 Mödling
Austria
FN 576035k
(2) The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
(3) By clicking on the ‘Buy now’ button, the customer submits a binding offer to conclude a purchase contract.
(4) After submitting the order, the customer automatically receives an order confirmation by e-mail. This confirmation merely documents the receipt of the order and does not yet constitute acceptance of the contract. The contract is only concluded once the seller accepts the order by sending an order confirmation or shipping confirmation by e-mail.
3. Prices and shipping costs
(1) All prices are quoted in euros (€) and include Austrian statutory value added tax.
(2) In addition to the prices quoted, shipping costs will be incurred, which will be clearly displayed during the ordering process.
(3) For deliveries to other EU countries, different VAT rates may apply due to the One-Stop-Shop (OSS) regulation. These are automatically calculated by Shopify.
(4) For deliveries to non-EU countries, additional customs duties, taxes or fees may apply, which are to be borne by the customer.
4. Delivery and shipping
(1) Delivery is carried out throughout Europe via the shipping service providers supported by Shopify (e.g. DHL, DPD, UPS, Austrian Post).
(2) Delivery times within Austria are usually 2–5 working days, within the EU 3–10 working days, unless a different delivery time is specified for the item.
(3) If an ordered item is not available, the customer will be informed immediately. Payments already made will be refunded within 14 days.
(4) The seller is not liable for delivery delays caused by the shipping service provider.
5. Payment methods
The following payment options are available to customers in the Shopify shop:
- Credit card (Visa, Mastercard, American Express)
- PayPal
- Shopify Payments
- Apple Pay / Google Pay
Payment processing is automated via Shopify Payments or the selected third-party providers. Manual payment processing by the seller does not take place.
6. Electronic invoicing
Invoices are generated electronically in PDF format and sent to the customer by email. The customer expressly agrees to this electronic format.
7. Retention of title
The goods remain the property of the seller until full payment has been received.
8. Right of withdrawal for consumers
(1) Consumers have the right to withdraw from the purchase contract within 14 days without giving reasons.
(2) The period begins on the day on which the consumer or a third party designated by him takes possession of the goods.
(3) To exercise the right of withdrawal, the customer must inform the seller of their decision to withdraw from the contract by means of a clear statement (e.g. e-mail or letter).
(4) The timely dispatch of the withdrawal is sufficient to comply with the deadline.
(5) The right of withdrawal does not apply to:
Goods that are not suitable for return for hygienic reasons (e.g. training mats, sportswear), provided they have been opened or used.
Custom-made or personalised items.
The full cancellation policy and a sample cancellation form are available at https://www.clixyourstix.com/en/privacy-policy
9. Warranty
(1) The statutory warranty provisions pursuant to Sections 922 et seq. of the Austrian Civil Code (ABGB) shall apply.
(2) In the event of defects, the customer may initially demand rectification or replacement. If neither is possible or involves disproportionate effort, the customer may demand a price reduction or termination of the contract.
(3) For entrepreneurs, a warranty period of 6 months from acceptance of the goods applies.
10. Liability
(1) The seller shall be liable without limitation in cases of intent or gross negligence.
(2) In cases of slight negligence, the seller shall only be liable for breaches of essential contractual obligations (cardinal obligations), and only for foreseeable damage typical for this type of contract.
(3) Any further liability, in particular for indirect damage, loss of profit or consequential damage, is excluded.
(4) Liability for damage to life, limb or health remains unaffected.
11. Data protection
(1) Personal data is processed in accordance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).
(2) Shopify Ireland Ltd. (EU headquarters) is the data processor within the meaning of the GDPR in relation to the shop platform. Further information on data processing can be found in the privacy policy at [shop URL/privacy].
(3) Payment data is processed exclusively by the respective payment service providers (e.g. Shopify Payments, PayPal, Klarna).
12. Dispute resolution
(1) Consumers have the option of submitting complaints to the EU's online dispute resolution platform:
👉 https://ec.europa.eu/consumers/odr
(2) We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
13. Applicable law and place of jurisdiction
(1) The law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) For consumers, this choice of law applies only insofar as it does not contradict the mandatory provisions of the law of the country in which the consumer has their habitual residence.
(3) The place of jurisdiction for entrepreneurs is the registered office of the seller.
14. Final provisions
Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.