GENERAL TERMS AND CONDITIONS
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded between comscoot GmbH (hereinafter referred to as “comscoot”) and consumers as well as companies (hereinafter referred to as “customers”) with regard to the goods as well as work and services of comscoot in the respective applicable version, which is available on the website www.comscoot.com.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not related to his or her commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
With respect to entrepreneurs, these GTC also apply to future transactions without comscoot having to refer to them again. Other terms and conditions are not valid and are therefore expressly contradicted. Deviating, conflicting, earlier, restricting or supplementary terms and conditions and regulations of the contractual partner must be expressly agreed to by comscoot in writing in order for them to become part of the contract in the individual case. In particular, acts of contract fulfilment on the part of comscoot do not constitute consent to any terms and conditions deviating from the present GTC. The GTC are also valid for subsequent orders, even if they are not separately agreed orally or in writing.
2 Subject matter and conclusion of the contract
The subject matter of the contract is the trade of e-scooters offered, inter alia, in the web shop or in the dealer portal, their repair as well as the rental of the same via app.
All offers and price quotations that can be found on the website are non-binding and are to be understood as an invitation to the customer to make a legally binding offer himself.
A contract offer of a customer requires a written order confirmation of comscoot. The dispatch of the goods ordered by the customer also effects the conclusion of the contract.
If the customer places an order without a prior offer from comscoot, the contract is only deemed to have been concluded after a written order confirmation has been received from comscoot. An order can only be placed if the complete customer data are disclosed.
Orders are placed via the comscoot webshop, among others. By clicking on the order button “order subject to payment”, a binding offer is made for the goods contained in the shopping basket. The corresponding contract is only concluded by comscoot’s acceptance of the order, in particular by sending an order confirmation by e-mail.
The products selected by the customer from the web shop are placed in the virtual shopping basket. The shopping basket can be called up at any time via the button shown in the navigation bar and the customer can call up the goods intended for purchase at any time and make changes. Before sending the order, the customer has the opportunity to check the intended order once again. By clicking the order button “order with obligation to pay” the customer agrees to purchase or rent the products of comscoot contained in the shopping basket at the prices shown there. By doing so, the customer makes a binding offer to comscoot and the pre-contractual information for consumers and these GTC are accepted as solely authoritative. The customer will be notified of the receipt of the order via an automated system. It is expressly pointed out that this process does not constitute acceptance of the offer. The purchase contract is only validly concluded when the order confirmation is sent by e-mail or the goods are dispatched. Since the order confirmation together with all information required in connection with the conclusion of the contract is sent to the customer by e-mail, the customer must ensure that the e-mail address provided by him when placing the order is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
From the time the order is placed, the customer is bound by his declaration. The statutory right of withdrawal for consumers remains unaffected.
Contracts shall be concluded exclusively in German.
All prices quoted by comscoot for consumers are inclusive of statutory VAT, for entrepreneurs exclusive of statutory VAT. Not included are the delivery and shipping costs. All prices mentioned are to be understood in EURO, unless otherwise expressly stated. Comscoot is entitled to adjust prices, if during the term of the contract relevant cost centres or costs necessary for the production of the service, such as those for materials, energy transport, external work, financing, employee wages etc. change upwards or downwards. The prices offered by comscoot are always variable. The increase or decrease of the purchase price of goods or the rental fee is based on the change of the wholesale price index as well as the collective wage index. The starting point is always the index value published at the conclusion of the contract for that month. Upon conclusion of the contract, the customer undertakes to pay in full the purchase price including any shipping costs or the wage for work or the rental fee. The shipping costs are not included in the purchase price. They are shown separately in the virtual shopping basket during the ordering process. The shipping costs are shown per order.
4. Payment modalities
Unless expressly agreed otherwise when the order is placed, invoices are due for payment within 7 days in both the B2B and B2C sectors.
Various payment options are available to the customer for orders placed at a distance, which are displayed during the ordering process and can be selected by the customer. Unless expressly agreed otherwise, delivery of the goods shall only take place after full payment of the invoice.
In case of default of payment, comscoot is entitled to charge interest on arrears in the amount of 12% p.a.; this does not affect any further claims (in particular the reimbursement of collection costs). The customer is liable – even in the case of a delay in payment through no fault of his own – for reminder and collection expenses incurred by comscoot, insofar as they were necessary and reasonable for the purposeful pursuit of legal action.
If the payment deadline is exceeded (in the case of partial invoices with even only one invoice), any remuneration granted (discounts, rebates, reductions, cash discounts, etc.) shall be forfeited and added to the invoice.
5. Terms of payment, deposit
The customer is obliged to pay a deposit in addition to the rental price at the beginning of the rental period of the e-scooters as security for the fulfilment of his contractual obligations, which are to be confirmed electronically within the framework of the conclusion of the rental contract. The amount of the deposit is assessed at a flat rate of € 600.
A credit card must be provided for the rental of the e-scooters, which will be used to settle the rental price including the deposit. The deposit amount is reserved on the credit card when the contract is concluded for the duration of the rental and is only actually debited if the deposit needs to be used.
Comscoot is entitled to cover justifiably existing claims from the rental relationship, such as in particular damages upon return of the rented e-scooters, from this deposit.
If the customer has duly returned the rented e-scooters and fulfilled all his payment obligations resulting from the rental agreement via the credit card indicated, comscoot will initiate the cancellation of the reservation of the deposit amount on the credit card within 3 working days. The actual duration by the account-holding bank or credit institution is not the responsibility of comscoot.
6. Delivery, transfer
Unless otherwise agreed, when the e-scooters are purchased, delivery will be made to the delivery address provided by the customer.
Comscoot is not liable for incorrect data of any kind in the course of the ordering process, such as in particular incorrect delivery addresses and delays or damages caused thereby. If the transport company sends the goods back to comscoot because a delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the lack of delivery is due to circumstances for which the customer is not responsible or if the customer was temporarily prevented from accepting delivery, unless comscoot gave reasonable prior notice of the performance.
All information on delivery periods is non-binding unless a delivery date has been promised in writing by way of exception.
In the event of delays in delivery due to force majeure, such as natural disasters or strikes at the delivery companies or due to other circumstances for which comscoot is not responsible (this also includes official measures in the context of an epidemic/pandemic or wars), comscoot is entitled to make up the delivery after the reason for the impediment has ceased to exist.
Deliveries to other European countries are possible, but the buyer must bear all import and export charges, including any customs duties, fees and levies, in particular for deliveries to a non-EEA country. These are not included in the price shown.
If the customer refuses acceptance, comscoot is released from all further service and delivery obligations and is entitled to retain outstanding deliveries or services and to withdraw from the contract.
In the event of a delay in performance by comscoot, the customer is entitled and obliged to set a reasonable period of grace for performance of the contract and, in the event that performance is still not effected within this period, to withdraw from the contract with a separate declaration. In the B2B area, the following also applies: The grace period must be set in writing and expressly designated as such.
7. Duties to cooperate
After an accident or theft, the customer must immediately notify comscoot and coordinate any further action with it. The customer must inform comscoot of all details in writing within 3 days of the incident.
8. Repair work
If nothing to the contrary is expressly agreed in writing with regard to the repair work on the e-scooters, the repair work shall be invoiced according to time and effort (direct labour).
Unless expressly agreed otherwise, the repair shall be carried out at the registered office of comscoot. The provision of repair work at the customer’s location requires the written consent of comscoot.
The time records of comscoot’s employees shall serve as the basis for billing, whereby the billing rates specified in advance in the offer shall be used for the working time spent.
If spare parts are necessary, they will be charged according to the actual expenditure.
If repair on site at the customer’s premises is agreed, travel costs and any necessary expenses for overnight stays are not included in the quotation price and will be invoiced separately.
If it turns out in the course of the repair work that the repair cannot be carried out by comscoot, comscoot is entitled to charge the costs for the performed troubleshooting.
9 Retention of title, right of retention
Upon conclusion of a purchase contract for the e-scooters, the goods that are the subject of the contract remain the property of comscoot until they have been paid for in full.
A right of retention can only be exercised by the customer insofar as it concerns claims from the same contractual relationship.
In the B2B area, the following applies: Comscoot retains ownership of the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted.
10 Warranty and liability
Comscoot does not guarantee that the photos published on the website/ in the webshop are identical with the goods actually delivered.
If goods are damaged during transport, the customer is obliged to complain in writing to the deliverer immediately – at the latest within three days after receipt of the goods – and to contact comscoot immediately. The lack of notification has no effect on the statutory warranty rights.
Claims for damages are excluded in the B2B area, unless comscoot acts with blatant gross negligence or intent. This does not affect damage to persons.
The following also applies in the B2B area: The customer is obliged to inspect the goods immediately and with the due care of a businessman for deviations in quality and quantity and to give written notice of obvious defects within seven days of receipt of the goods. In the event of a breach of the duty to inspect and give notice of defects, the assertion of warranty claims, claims for damages and claims based on error shall be excluded.
When renting the e-scooter, the customer must report any existing damage to comscoot immediately, at least before the start of the journey. Damage not reported shall be deemed to have been caused by the customer hiring the vehicle directly beforehand; damage reported only after the start of the journey shall be deemed to have been caused by the customer currently hiring the vehicle, unless the latter proves otherwise.
The warranty period in B2B business is one year in all cases. There is no subsequent limitation period. § 924 ABGB is excluded in B2B transactions, i.e. the customer must always prove that the defect was already present at the time of handover.
The warranty period is completely excluded for business customers who sublet the e-scooters.
When renting the e-scooters, the customer is liable to comscoot for all damage to the e-scooters or their loss, insofar as this damage or loss occurred between the rental of the e-scooters and the return of the same to comscoot. In the B2B sector, this liability is not dependent on the fault of the customer for the damage or loss incurred.
An instruction manual is supplied with the e-scooters. Use of the e-scooters contrary to these operating instructions, in particular incorrect storage of the batteries, releases comscoot from any liability for damage and/or defects.
Recourse claims on the basis of the PHG (Product Liability Act) against comscoot are excluded. Customers waive all rights against comscoot to which they are entitled on the basis of § 12 PHG. In the event of the transfer of products or parts of products by the customer, the customer shall be obliged to transfer this waiver in full to its customers, including this obligation of inclusion as an obligation of all further customers. This obligation to include also exists if the customer or another purchaser uses comscoot’s products for the manufacture of other products and puts these other products into circulation.
11. Termination of the rental period
The rental contract ends at the time when the e-scooters are returned in proper condition. The customer undertakes to return the rented e-scooters to the designated rental stations, failing which the provisions on the loss of the e-scooter in clause 10 of this contract shall apply.
12. Revocation / right of withdrawal
In order to comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period. The revocation must be addressed to:
The consumer customer has the right to revoke a contract concluded at a distance or outside the business premises of comscoot iSd FAGG within 14 days without giving reasons.
The withdrawal period shall be 14 days and shall be calculated from the day on which the consumer or a third party other than the carrier and indicated by the consumer has taken possession of the goods.
In order to exercise the right of withdrawal, the consumer must notify comscoot of the decision to withdraw from this contract by means of a clear but informal declaration (e.g. a letter or e-mail sent by post). The enclosed sample cancellation (in German) form may (but does not have to) be used for this purpose.
In the event of withdrawal from the contract, comscoot must refund the payments made by the customer, including the delivery costs, within 14 days to the account specified by the customer and the customer must return the goods received without delay, but no later than 14 days after declaration of withdrawal. The refund can be refused by comscoot until the goods have been received back or proof has been provided that the goods have been returned, whichever is earlier.
The goods must be returned to the following address:
The costs incurred for the return shipment shall be borne by the customer.
Withdrawal from the contract is excluded in particular for goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene if they are unsealed after delivery.
13. Data protection
comscoot draws your attention to the fact that customer data may be processed for advertising purposes on the basis of legitimate interests (Art 6 para 1 lit f DSGVO). The customer may object to this form of data processing at any time (Art 21 (2) DSGVO).
The customer gives his consent that the personal data contained in the contract are stored and processed by comscoot with the aid of automated systems in fulfilment of this contract. The customer is obliged to notify changes in his residential address as long as the contract has not been completely fulfilled by both parties. If the notification is omitted, declarations and deliveries shall also be deemed to have been received if they are sent to the last address notified.
In addition, the following provisions apply: https://comscoot.com/datenschutz/
14 Place of performance, contractual language, choice of law and place of jurisdiction
The place of performance is the registered office of comscoot.
The contractual language is German.
The Austrian jurisdiction is taken as a basis and agreed. If it is not a consumer transaction, the court with subject-matter jurisdiction at the registered office of comscoot has exclusive local jurisdiction to decide on all disputes arising from the contract.
This contract shall be governed exclusively by Austrian substantive law, excluding the conflict of laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods.
15. Information extrajudicial dispute resolution
It is pointed out that the consumer arbitration board is established as a catch-all arbitration board for alternative dispute resolution. Participation in the conciliation procedure is voluntary.
Consumers can use the platform for out-of-court online dispute resolution for disputes arising from online legal transactions. The platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/.
Comscoot is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
16. Final provisions
All legal declarations, amendments, supplements, ancillary agreements, etc. relating to this contract and the related transactions must be made in writing in order to be valid. The waiver of compliance with the formal requirements must also be in writing.
In the event that individual provisions of this contract are invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining contract shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.