General Terms and Conditions of GLOBAL SPORTS DISTRIBUTION GMBH, Goethestrasse 32, 5020 Salzburg, Austria
1. Scope of application
a. These General Business Terms and Conditions apply to all business relations between GLOBAL SPORTS DISTRIBUTION GMBH GmbH (hereinafter referred to as “GLOBAL SPORTS DISTRIBUTION GMBH” for short) and its customers, irrespective of whether the latter qualify as consumers or entrepreneurs. These General Terms and Conditions apply in particular, but not exclusively, to consultancy, purchase and delivery of the products offered by GLOBAL SPORTS DISTRIBUTION GMBH and/or the services provided by GLOBAL SPORTS DISTRIBUTION GMBH in connection with the assembly, establishment, commissioning and/or maintenance of such products.Except as otherwise expressly agreed in writing in an individual case, GLOBAL SPORTS DISTRIBUTION GMBH shall therefore act exclusively in accordance with these General Terms and Conditions. The application of mandatory statutory regulations and provisions as well as any commercial customs shall remain unaffected by the above. The current version of GLOBAL SPORTS DISTRIBUTION GMBH’s General Terms and Conditions is available for download on the Internet at www.rakshak.eu
b. The validity of any terms and conditions of business on the part of customers is hereby explicitly rejected. Terms and conditions of business of the customer shall not become part of the contract even if received by GLOBAL SPORTS DISTRIBUTION GMBH prior to the commencement of the business relationship. Even without repeated reference to these General Terms and Conditions, future supplementary, additional or follow-up orders and/or other business transactions with the customer shall be concluded exclusively on the basis of these General Terms and Conditions. Orders, contracts and/or other business transactions of any kind, in particular those placed orally or by telephone and/or accepted by GLOBAL SPORTS DISTRIBUTION GMBH orally or by telephone, are subject to the inclusion and application of these General Terms and Conditions.
c. Representatives or employees sent by the customer shall in any case be deemed authorised to also agree to these General Business Terms and Conditions in a legally effective manner and to make legally binding declarations for the customer in the course of the relevant business transaction.
2. Contractual close
a. The contract shall be concluded either upon the customer’s timely written acceptance of an offer made by GLOBAL SPORTS DISTRIBUTION GMBH or upon the customer’s order and subsequent acceptance by GLOBAL SPORTS DISTRIBUTION GMBH. Acceptance by GLOBAL SPORTS DISTRIBUTION GMBH shall be made by written confirmation or dispatch of the delivery. Offers by GLOBAL SPORTS DISTRIBUTION GMBH are non-binding and subject to change and shall be valid for 30 days from the date of the offer, unless otherwise stated in the offer itself.
b. GLOBAL SPORTS DISTRIBUTION GMBH reserves the right to reject orders and/or contracts without stating any reasons; in particular, orders will be rejected if ordered products are not available or deliverable. In the event of products being unavailable, the customer will be informed accordingly without delay. GLOBAL SPORTS DISTRIBUTION GMBH further reserves the right to reduce orders also in terms of quantity, i.e. to accept orders only with regard to a partial quantity or certain products. The customer therefore expressly agrees to any such partial deliveries.
3. Advisory services
a. GLOBAL SPORTS DISTRIBUTION GMBH shall perform consulting services to customers upon explicit request concerning the products offered by GLOBAL SPORTS DISTRIBUTION GMBH.
b. The customer is responsible for providing GLOBAL SPORTS DISTRIBUTION GMBH, even without its specific request, with all documents necessary for execution of an order for products and/or services in a timely and complete manner prior to execution, and for informing GLOBAL SPORTS DISTRIBUTION GMBH of all events and circumstances that may be of importance for the execution of an order and/or contract.
4. Purchase
a. A separate contractual document shall be executed between GLOBAL SPORTS DISTRIBUTION GMBH and the Customer on the purchase of the product offered by GLOBAL SPORTS DISTRIBUTION GMBH, the content of which shall prevail over the provisions of these special terms and conditions.
b. All prices are quoted in euros and include the statutory value added tax applicable from time to time. The prices of the products are those stated in the offer or order form at the time of placing the order. Prices are subject to change, especially in case of error or due to changes in legal or official regulations. Any transport and assembly costs are not included in the prices quoted.GLOBAL SPORTS DISTRIBUTION GMBH retains its title to all products delivered until full payment of the invoice amounts plus any interest and costs charged. Any forwarding of products to third parties shall only be permitted with the prior consent of GLOBAL SPORTS DISTRIBUTION GMBH.No warranty claims can be derived from information provided in catalogues, brochures, advertising literature and written or oral statements that have not been included in a contract. If the customer is a consumer, then the statutory warranty provisions, in particular under the Civil Code, the Consumer Protection Act and the Consumer Warranty Act, shall apply without restriction. The consumer’s statutory rights under the title of warranty are not affected by any guarantees granted by manufacturers.
c. If the customer is an entrepreneur, then the following special features under warranty law shall apply: The warranty claim requires that the customer has notified GLOBAL SPORTS DISTRIBUTION GMBH in writing of the defects that have occurred within a reasonable period of 14 days and that such notification is received by GLOBAL SPORTS DISTRIBUTION GMBH. The customer shall prove the existence of the defect and, in particular, provide GLOBAL SPORTS DISTRIBUTION GMBH with the documents or data available to the customer. GLOBAL SPORTS DISTRIBUTION GMBH may, at its sole discretion, repair or replace the defective product. Any replaced parts shall become the property of GLOBAL SPORTS DISTRIBUTION GMBH. Warranty claims in respect of defects arising from arrangement and assembly not effected by GLOBAL SPORTS DISTRIBUTION GMBH, inadequate set-up, requirements and conditions of use, overloading of parts in excess of the specifications given by GLOBAL SPORTS DISTRIBUTION GMBH, negligent or incorrect handling, use of unsuitable operating materials or attributable to material provided by the customer, shall be excluded. GLOBAL SPORTS DISTRIBUTION GMBH shall not be liable for defects and/or damage caused by actions of third parties, atmospheric discharges, and chemical influences. The warranty does not apply to natural wear and tear of products and/or their components. Any warranty claims shall lapse if the customer itself or a third party not expressly authorised by GLOBAL SPORTS DISTRIBUTION GMBH makes modifications and/or repairs to the delivered products without the written consent of GLOBAL SPORTS DISTRIBUTION GMBH.
d. The reversal of the onus of proof under Section 924 ABGB (Austrian Civil Code) shall be explicitly excluded, as is any liability of GLOBAL SPORTS DISTRIBUTION GMBH for any consequential loss or harm.
5. Delivery
a. Delivery of products is made from stock to the specified delivery address.
Upon delivery of the products to the carrier, the risk pertaining to the products ordered shall pass to the customer; this shall also apply to partial deliveries. If the customer is a consumer, then the risk of loss of or damage to the goods shall pass to the consumer only once the goods are delivered to the consumer or to a third party specified by the consumer other than the carrier.
Deliveries and services are always divisible. In the case of partial deliveries, partial acceptance and partial invoices are permissible.
6. Common Provisions
a. For all services rendered by GLOBAL SPORTS DISTRIBUTION GMBH, the place of performance shall be the registered office of GLOBAL SPORTS DISTRIBUTION GMBH in Salzburg, Austria.
b. If delivery and/or performance by GLOBAL SPORTS DISTRIBUTION GMBH is temporarily impossible or considerably impeded in whole or in part due to force majeure or other unforeseeable, extraordinary and non-culpable reasons, the agreed delivery and/or performance date shall be extended in any case by the duration of such impediment to delivery and/or performance. The same applies to a deadline set by the customer for the delivery and/or service, in particular also for grace periods. Cases of force majeure include, e.g. warlike events, natural disasters, fire, official interventions and prohibitions, transport and customs clearance delays, energy and raw material shortages, pandemics, epidemics, etc. Such circumstances shall also be deemed to be force majeure if they occur with ancillary suppliers. If such an event of force majeure occurs, then the contractually agreed period for performance of GLOBAL SPORTS DISTRIBUTION GMBH’s obligations shall be extended by the duration of the event of force majeure plus a reasonable period of time for resumption of production. This shall also apply in the event that a subcontractor of GLOBAL SPORTS DISTRIBUTION GMBH invokes a circumstance of force majeure. If an event of force majeure hinders the remaining performance of the contract in material parts and the event lasts longer than 3 months, both contracting parties shall be entitled to rescind the contract. In this case, GLOBAL SPORTS DISTRIBUTION GMBH shall be fully paid for all services rendered up to that point in time, and GLOBAL SPORTS DISTRIBUTION GMBH shall be released from any remaining obligations.The customer is obliged to accept the deliveries and services provided by GLOBAL SPORTS DISTRIBUTION GMBH. All supplies and services not expressly listed in the offer are not included in it and in the price offered by GLOBAL SPORTS DISTRIBUTION GMBH. Acceptance takes place on delivery (delivery date). If the customer refuses to take delivery of the products, GLOBAL SPORTS DISTRIBUTION GMBH shall be entitled to rescind the contract or to claim damages for non-performance upon expiry of a grace period of 14 days; GLOBAL SPORTS DISTRIBUTION GMBH shall also be entitled to store the products at the customer’s expense and to insist on specific performance under the contract.
c. All supplies not expressly listed in the offer are not included in it and in the price offered by GLOBAL SPORTS DISTRIBUTION GMBH. If the customer is a consumer, this applies on condition that the goods in question are not accessories that the customer can reasonably be expected to receive or ancillary services that are usual for such goods or digital services and that the consumer can expect in the circumstances, unless the consumer was expressly and separately informed of their absence when the contract was concluded and the customer specifically agreed to this deviation.
d. In the event of default in payment, GLOBAL SPORTS DISTRIBUTION GMBH shall be entitled to charge interest on arrears at the statutory rate as well as to the payment of any dunning, collection and legal fees, to the extent that they serve the purpose of appropriate litigation. Moreover, GLOBAL SPORTS DISTRIBUTION GMBH shall be released from all further performance and delivery obligations and shall be entitled to withhold any outstanding deliveries or services and to demand advance payments or collateral or – after setting a reasonable grace period, if applicable or necessary – to rescind the contract.
e. Any set-off of claims or demands of the customer shall be excluded. If the customer is a consumer, they can set off their liabilities in the event of GLOBAL SPORTS DISTRIBUTION GMBH’s insolvency or against counterclaims legally related to the customer’s liability, which have been determined by a court of law or acknowledged by GLOBAL SPORTS DISTRIBUTION GMBH.Any liability on the part of GLOBAL SPORTS DISTRIBUTION GMBH arising from business-related transactions (business relations with entrepreneurs) shall be limited to the maximum liability amount according to the individual contract and, in addition, to cases of gross negligence and intent and to typically foreseeable instances of damage. Liability for slight as well as plain gross negligence – except for personal injury – shall be excluded. Liability for any damages from lost profits, mediate and/or indirect loss or damage, pure financial losses, consequential loss or damage, loss of production, financing costs, costs for replacement energy, loss or energy, data or information, savings not achieved, from loss of interest and from damages from third-party claims against the customer shall likewise be explicitly excluded. If the customer is a consumer, then GLOBAL SPORTS DISTRIBUTION GMBH’s obligation to compensate for personal injury is not excluded or limited, and an obligation to compensate for other damages is excluded or limited only for slight negligence.Any claims for damages shall be asserted in court within a period of two years, otherwise they shall be forfeited. If the customer is a consumer, then the statutory limitation period remains unrestricted: Accordingly, claims for damages shall become statute-barred three years after knowledge was obtained of the damage and the damaging party.
f. If and to the extent that the customer can claim insurance benefits for damages for which GLOBAL SPORTS DISTRIBUTION GMBH is liable through its own damage insurance policy or one taken out in its favour (such as liability insurance, hull insurance, transport, fire, business interruption and others), the customer undertakes to claim the insurance benefit and GLOBAL SPORTS DISTRIBUTION GMBH’s liability shall be limited in this respect to the disadvantages incurred by the customer as a result of making claims under such insurance.
7. Right of rescission for consumers
a. If the customer is a consumer and has not made their contractual declaration either on the premises used by GLOBAL SPORTS DISTRIBUTION GMBH for its business purposes on a permanent basis or at a stand or booth used by GLOBAL SPORTS DISTRIBUTION GMBH for this purpose at a trade fair or market, the customer may rescind their contract application or the contract without having to give any reasons. Such rescission can be declared until the conclusion of the contract or thereafter within 14 days. This period begins with the delivery to the customer of a document containing at least the customer’s name and address, the information necessary to identify the contract, as well as instructions on the right of rescission, the rescission period and the procedure for exercising the right of rescission, but no earlier than the date of conclusion of the contract. If GLOBAL SPORTS DISTRIBUTION GMBH fails to deliver such a document, the customer shall be entitled to rescind the contract for a period of 12 months and 14 days from the date of conclusion of the contract; if GLOBAL SPORTS DISTRIBUTION GMBH subsequently delivers the document within 12 months from the beginning of the period, the extended withdrawal period shall end 14 days after the date on which the customer receives the document.
b. The right of rescission according to No. 7. a. shall also apply if GLOBAL SPORTS DISTRIBUTION GMBH or a third party cooperating with GLOBAL SPORTS DISTRIBUTION GMBH has brought the customer to the premises used by GLOBAL SPORTS DISTRIBUTION GMBH for its business purposes as part of a promotional tour, an excursion or similar event or by personally addressing the customer individually on the street.
The customer shall not be entitled to the right of rescission if (1) the customer itself paved the way for or initiated the business connection with GLOBAL SPORTS DISTRIBUTION GMBH or the latter’s authorised agent (subcontractor) for the purpose of entering into a contractual relationship, (2) the conclusion of a contractual relationship was not preceded by talks between the participants or their authorised agents, (3) in the case of contracts under which the mutual services are to be rendered immediately, they are generally entered into by GLOBAL SPORTS DISTRIBUTION GMBH outside its business premises and the agreed remuneration amounts to EUR 25.00 if the company by nature does not conduct its business constantly on business premises and the remuneration does not exceed EUR 50.00, (4) in the case of contracts subject to the [Austrian] Distance and Off-Road Businesses Act or the [Austrian] Insurance Contract Act, or (5) in the case of contractual declarations made by the customer in the physical absence of GLOBAL SPORTS DISTRIBUTION GMBH, its employees or the subcontractor, unless the customer was urged to do so by GLOBAL SPORTS DISTRIBUTION GMBH, its employees or by the subcontractor.If the customer wishes GLOBAL SPORTS DISTRIBUTION GMBH to commence performance under the contract prior to expiry of the withdrawal period, the customer shall declare an explicit request for such early performance under the contract – in the case of a contract concluded outside business premises, on a durable storage medium.The customer can, if they are a consumer, also withdraw their application for a contract or withdraw from the contract if, without the customer’s instigation, significant circumstances, which GLOBAL SPORTS DISTRIBUTION GMBH presented as probable in the course of the contract negotiations, do not occur or only occur to a significantly lesser extent; whereby only the following circumstances can be considered as such significant circumstances: (1) the expected cooperation or consent of a third party that is necessary for the entrepreneur’s performance to be provided or for the consumer to be able to use it; (2) the prospect of tax advantages; (3) the prospect of public funding; and (4) the prospect of a loan being granted.Rescission for the reasons stated in No. [9.5.] can be declared within one week. The period begins as soon as it becomes apparent to the customer that the above-mentioned relevant circumstances will not occur or will occur to a significantly lesser extent and the customer has received written notification of this right of rescission. However, the right of rescission expires at the latest one month after full performance under the contract by both parties.The declaration of rescission in accordance with the above provisions (No. [9.1] or No. [9.5.]) is not subject to any specific requirement as to form. To this end, the customer may use the sample revocation form provided by GLOBAL SPORTS DISTRIBUTION GMBH as part of its business initiation process. The rescission period is met if the declaration of rescission is dispatched within the relevant period.
c. If the customer rescinds the contractual relationship after having declared a demand as defined in clause 9.4 and GLOBAL SPORTS DISTRIBUTION GMBH has started to perform under the contract, the customer shall pay GLOBAL SPORTS DISTRIBUTION GMBH an amount which, compared to the total price agreed upon in the contract, proportionally corresponds to the services rendered by GLOBAL SPORTS DISTRIBUTION GMBH until the rescission. In any case, the customer shall return the services received and pay Global Sports Distribution GmbH an appropriate fee for their use, including compensation for any associated reduction in the fair market value of the service. If it is impossible or impracticable to return the services already provided by GLOBAL SPORTS DISTRIBUTION GMBH, the customer shall remunerate their value insofar as they are of clear and predominant advantage to the customer.
8. Final provisions
a. Order-related customer data is stored via IT/IS, processed statistically and transmitted internally to employees of GLOBAL SPORTS DISTRIBUTION GMBH, to which the customer gives its consent by signing the contract or placing the order. Confidential treatment of such data as contemplated by the General Data Protection Regulation (GDPR) is guaranteed in this regard. The customer expressly consents to the collection, processing and use of their disclosed personal data by GLOBAL SPORTS DISTRIBUTION GMBH for its own marketing purposes to the customer (e.g. by creating a customer file, sending newsletters and information, etc.). Such consent can be revoked by the customer at any time, with effect for the future. The complete data protection (privacy) policy can be viewed at www.rakshak.eu/privacy-policy
b. Should any specific provisions of the General Business Terms and Conditions be invalid or void, for whatever reason, this shall not affect the validity of the remaining provisions thereof. The invalid or unfeasible provision shall be replaced by a valid and feasible provision whose effects come as close as possible to the commercial purpose that was intended with such invalid or unfeasible provision. The provisions above shall apply mutatis mutandis in the event that the General Business Terms and Conditions are found to contain any gaps.All legal relationships established by application of these General Business Terms and Conditions shall be governed by substantive Austrian law to the exclusion of further reference to other jurisdictions. The application of the United Nations UNCITRAL Convention on Contracts for the International Sale of Goods is excluded.
c. It is hereby agreed that the court of Salzburg, Austria, shall have exclusive jurisdiction over any dispute or claim arising from or in connection with any business relationship between GLOBAL SPORTS DISTRIBUTION GMBH and its customers, including disputes regarding the validity, breach, termination or invalidity of these General Business Terms and Conditions or any other individual contracts in connection with the products or services offered by GLOBAL SPORTS DISTRIBUTION GMBH. For consumers, the place of jurisdiction shall be their place of residence, habitual abode or place of employment.
Version: March 2026