Terms and conditions of sale of Zanier Sport GmbH

1. Validity

1.1 These Terms and Conditions of Sale and Delivery of Zanier Sport GmbH (hereinafter
also referred to as “Zanier”) shall apply for the duration of the business relationship between Zanier and the purchaser (hereinafter also referred to as “Customer”), thus also for future orders and deliveries, even if these Terms and Conditions are not expressly agreed or taken as a basis in the future, namely for all deliveries, services as well as related offers and order acceptances. By placing an order, the customer agrees to these terms and conditions of sale and delivery. This applies regardless of the means of communication used to place the order.

1.2 Amendments to these terms and conditions must be made in writing, as must any cancellation of this requirement. Amendments shall also become part of the ongoing business relationship from the time of their validity if the customer does not object within a period of one month after notification of the amendment despite being specifically informed of his right of objection.

1.3 Conflicting or deviating terms and conditions of the customer shall not be effective. These Terms and Conditions of Sale and Delivery shall also apply if Zanier carries out the
delivery to the customer without reservation in the knowledge of such terms and conditions of the customer.

1.4 Should any provision of these Terms and Conditions of Sale and Delivery be or become invalid, this shall not affect the validity of the remaining provisions.

2. Delivery

2.1 The prices announced in an offer or in a current price list from Zanier apply subject to the proviso that the specifications of the goods on which the offer is based remain
unchanged. Zanier's prices include sales tax and value added tax. Freight, postage and delivery costs as well as any insurance costs are not included in the offered price.

2.2 Price offers from Zanier are generally non-binding and may also be incorrect in rare cases, unless their binding nature has been expressly confirmed in writing. A binding purchase price will be announced by Zanier by means of an order confirmation.

2.3 Visual representations in the online shop do not constitute a legally binding offer, but act as a symbolic representation of the respective product.

2.4 By clicking on the "Order with obligation to pay" symbol, the customer places a binding order.

2.5 A binding confirmation of the order by Zanier and thus the conclusion of the contract shall only come about through the dispatch of the goods and the corresponding confirmation by Zanier. Zanier is under no obligation to deliver and thus to conclude the contract.

3. Right of cancellation

Consumers have a fourteen-day right of cancellation.

3.1 Revocation

Customers have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession
of the goods. To exercise the right of cancellation, the customer must inform Zanier (ZANIER Sport GmbH, SoHo 2.0, Grabenweg 68, 6020 Innsbruck, Austria,
info@zanier.com, phone: +43 512 309 309) of his decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). The customer can use the attached sample cancellation form, but this is not mandatory.

The customer can also electronically complete and submit the sample cancellation
form or another clear declaration on the Zanier website https://www.zaniergloves.com/widerrufsrecht.

If the customer makes use of this option, Zanier will immediately send the
customer a confirmation of receipt of such a cancellation (e.g. by e-mail). To meet the cancellation deadline, it is sufficient for the customer to send notification of the exercise of the right of cancellation before the cancellation period expires.

3.2 Consequences of cancellation

If the customer cancels this contract, Zanier shall reimburse the customer for all payments Zanier has received from the customer, less shipping costs to the original place of delivery, immediately and at the latest within fourteen days from the day on which Zanier receives notification of the cancellation of this contract. For this repayment, Zanier will use the same means of payment that the customer used for the original transaction. The customer will not be charged any fees for this repayment. Zanier may refuse repayment until Zanier has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier. The customer must return or hand over the goods to Zanier or to Gebrüder Weiss GmbH, c/o ZANIER SPORT / Lagerlogistik, Löfflerweg 35, 6060 Hall in Tirol, Austria immediately and in any case within fourteen days at the latest from the day on which the customer informs Zanier of the cancellation of this contract. The deadline is met if the customer dispatches the goods before the period of fourteen days has expired.

The customer bears the costs for the return shipment. Shipping costs for returns depend on the respective location. We recommend contacting your local shipping company for return shipping options. Products are 100% refundable if they are in the same condition as when delivered.

3.3 Sample cancellation form

(If you wish to cancel the contract, please complete and return this form). To ZANIER Sport GmbH, SoHo 2.0, Grabenweg 68, 6020 Innsbruck, info@zanier.com, Austria

- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for notification on paper)

- Date

(*) Delete as appropriate.

 4. Delivery

4.1 Deliveries are made from Zanier’s warehouse to the address specified by the customer (delivery point). Anything to the contrary must be expressly assured by Zanier in writing. The risk is transferred to the customer as soon as the goods have been handed over at the delivery point or - if requested by the customer - have been delivered. Delivery conditions and delivery costs will be communicated to the customer in the order confirmation.

4.2 The customer is obliged to provide a correct address for the delivery point. If the
customer does not fulfil this obligation, he shall bear the costs of any unsuccessful delivery.

4.3 Zanier shall inform the customer of the expected delivery date. In the event of non-availability or late availability, Zanier will inform the customer.

4.4 Events of force majeure, general supply difficulties, political unrest, disruptions at
transport companies - even if these occur at suppliers - release Zanier from the obligation to deliver for the duration of the disruption and to the extent of its effects. Such events entitle Zanier to withdraw from the contract if the events are of such a long and unforeseeable duration that the purpose of use is jeopardised. In such a case, Zanier is not liable for damages unless Zanier is grossly at fault for the occurrence of the event or the consequences. Zanier is authorised to make partial deliveries.

4.5 Any statutory claims of the customer shall remain unaffected.

5. payment

5.1 The purchase price is due at the time of ordering. Payment can be made by cash in advance, PayPal or, after approval by Zanier, on account.

5.2 If the customer does not pay on time, without reservation or in full, Zanier is
entitled to discontinue further deliveries, unless Zanier has expressly agreed to later payment, reservation or reduction. Any rights of retention and set-off on the part of the customer are excluded.

5.3 In the event of late payment, Zanier is entitled to demand interest of 8% p.a. as well as a lump-sum compensation of Euro 5.00 from the customer. Furthermore, Zanier is free to withhold goods not yet delivered.

5.4 In the event of default of payment, the customer is obliged, on request, to provide
the necessary information about the stock of goods owned by Zanier and in its possession. If the delay in payment lasts longer than 3 (three) months, Zanier is entitled to take back the goods delivered under retention of title, insofar as they have not yet been paid for. Taking back the goods subject to retention of title does not constitute cancellation of the contract unless Zanier expressly declares its cancellation in writing. Irrespective of the customer's payment obligations, Zanier is entitled to take back goods subject to retention of title at the net value they have for Zanier at the time of repossession, offsetting this against the purchase price, after the customer has been notified of this type of utilisation and given a reasonable period for payment.

6. Warranty

6.1 The customer's warranty rights presuppose that he has fulfilled his immediate spection and complaint obligations. The customer must check the conformity of the delivered
goods with the contract without delay. Obvious defects must be reported in writing immediately after acceptance of the goods. Other defects must be reported to Zanier immediately after they become known.

6.2 For defects that were present at the time of delivery, Zanier shall initially provide warranty by means of subsequent fulfilment, which, at Zanier's discretion, shall consist of rectification or replacement delivery up to the amount of the order value. If the subsequent fulfilment fails, the customer may, at his discretion, demand a reduction in payment (reduction) or cancellation of the contract (withdrawal). The right to reduction or cancellation is excluded as long as Zanier is not in default with the supplementary performance or a delay is not within the sphere of Zanier. There is no right of cancellation if the defect is only insignificant. The burden of proof for the fact that the defect was present at the time of handover shall be borne by the customer at all times.

6.3 If the customer chooses to withdraw from the contract due to a defect after subsequent fulfilment has failed, he is not entitled to any additional compensation due to the defect (damage caused by a defect). Claims for compensation for damages or consequential damages of the customer due to slightly negligent breach of contractual or legal obligations of Zanier or its vicarious agents as well as loss of profit are excluded.

6.4 All claims of the customer due to a defect can be asserted in court 2 years after delivery of the goods.

6.5 The processing of returns of goods under warranty or for other reasons is carried out exclusively on the basis of the respective rules for returns of goods published by Zanier.

6.6 Zanier is not liable for damage caused by inadequate storage or improper use of the goods by the customer or third parties. In particular, Zanier is not liable if the damage could have been partially or completely avoided by observing and following the instructions for use and operating instructions or other warnings.

7. Disclaimer

7.1 Zanier is liable without limitation insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by Zanier, a representative or vicarious
agent.

7.2 Furthermore, Zanier is liable in cases of slight negligence in the event of a breach of material obligations. Material obligations are obligations whose breach jeopardises the achievement of the purpose of the contract or whose fulfilment is essential for the proper execution of the contract and on whose compliance can be regularly relied upon. In this case, however, Zanier is only liable for the foreseeable damage typical for the contract. In other cases, Zanier is not liable for slight negligence.

7.3 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

7.4 Insofar as Zanier’s liability is excluded or limited, this also applies to the personal liability of representatives and vicarious agents.

8. Reservation of title

8.1 The goods remain the property of Zanier until full payment of all claims of Zanier
against the customer existing on the invoice date.

8.2 The customer’s claims arising from any resale of the goods subject to retention of
title are assigned to Zanier as soon as the order is placed to secure all Zanier's claims arising from the business relationship. The customer is only entitled and authorised to resell the goods subject to retention of title if the claim from the resale is transferred to Zanier.

9. Choice of law, place of jurisdiction, place of fulfilment

9.1 Austrian law shall apply. The applicability of the UN Convention on Contracts
for the International Sale of Goods is excluded.

9.2 The place of jurisdiction for all disputes arising from the legal relationship established by the individual order and its acceptance shall be Innsbruck or the general place of jurisdiction of the customer, at the discretion of Zanier.

9.3 The place of fulfilment for delivery and payment is the registered office of Zanier
Sport GmbH.

Innsbruck, September 2018

Privacy policy

Zanier expressly points out that the user’s IP data is stored in connection with the use of so-called cookies, as well as the name, address and credit card number of the purchaser, for the purpose of simplifying the purchasing process and for subsequent processing of the purchase contract in the online shop. No data is transmitted to third parties, with the exception of the transmission of the credit card number to Zannier’s banking partners for the purpose of debiting the purchase price. After completion of the purchase in the online shop and full payment or after cancellation of the purchase process, the data stored by us will be deleted. Name, address and credit card number are stored on a case-by-case basis until the warranty period expires. Data processing is carried out on the basis of the legal provisions of the Austrian Telecommunications Act, in particular § 96 para. 3 and the Austrian Data Protection Act, in particular § 8 para. 3 no. 4. If cookies are not accepted, the customer and user of the online shop can change the browser settings accordingly. This may result in changes to the functionality of the online shop.

Alternative dispute resolution in accordance with the Federal Act on Alternative Dispute
Resolution in Consumer Matters (AStG) Every customer has the opportunity to
submit complaints to the EU's online dispute resolution platform: http://ec.europa.eu/odr. Complaints can also be addressed directly to Zanier: info@zanier.com.
We are prepared to participate in an out-of-court arbitration procedure.