Terms and Conditions (Online Shop)
Bondi Studios Pilates GmbH [FN603965i]
Überfuhrstraße 7, 5020 Salzburg
Version as of: 1.5.2025
1. Scope
Our services and offers are provided exclusively on the basis of these General Terms and Conditions (GTC). Conflicting or deviating terms and conditions of the customer are not recognized unless we have explicitly agreed to their validity. Actions taken to fulfill the contract do not constitute acceptance of terms deviating from these GTC.
2. Order and Conclusion of Contract
2.1 The presentation of goods in our online shop does not constitute a binding offer to conclude a purchase contract. The customer is merely invited to submit an offer by placing an order.
2.2 Orders are processed as follows:
- a. Selection of the desired product(s)
- b. Input of registration data (first name, last name, street and house number, ZIP code, city, country, email address); after the initial registration, only login with email and password is required
- c. Display of pre-contractual information for consumers in accordance with §§ 5a KSchG and 4 FAGG
- d. Selection of shipping method and payment method
- e. Review of items in the shopping cart
- f. Confirmation by clicking the “order with obligation to pay” button
- g. Final review and correction of entered data if necessary
- h. Binding submission of the order
- i. By submitting the order, the customer makes a binding offer to conclude a purchase contract for the goods in the cart. With submission, the customer acknowledges the pre-contractual information and these GTC as solely applicable.
- j. We confirm receipt of the order via confirmation email. This email is not yet an acceptance of the offer. Acceptance occurs either with delivery of the goods or explicit declaration of acceptance.
3. Consumer Right of Withdrawal (§11 FAGG)
3.1 A consumer may withdraw from a distance or off-premises contract within 14 calendar days unless a legal exception applies.
3.2 The withdrawal period begins:
- On the day the consumer or a third party (not the carrier) takes possession of the goods.
- In the case of multiple goods delivered separately: on the day the last item is received.
It is sufficient if the notice of withdrawal is sent within the deadline.
3.3 The withdrawal can be submitted electronically using a form available on our website. To exercise this 14 day right of withdrawal, items must be returned in their original condition.
Customers may try on items to determine fit and style, as they would in a physical store. However, we reserve the right to deduct from your refund any reduction in value caused by wear or use beyond what is necessary to assess the item — such as visible wear, stains, strong odors (e.g., perfume), or damaged tags.
Please note that for hygiene reasons, we cannot accept returns of underwear, swimwear, or similar intimate apparel if the protective seal has been removed.
3.4 The right of withdrawal does not apply to:
- Custom-made items
- Goods tailored to personal needs
- Items unsuitable for return due to their nature
- Perishable goods or items past their expiration date (§18(1) FAGG)
3.5 Upon withdrawal:
- a. We refund all payments including standard shipping costs (excluding any additional delivery method chosen by the customer)
- b. The customer must return the goods and pay reasonable compensation for use and any loss in value
- c. The customer bears the cost of return shipping
4. Prices and Shipping
4.1 Prices are shown per item in the webshop. Unless otherwise stated, they are exclusive of VAT.
4.2 Shipping costs are not included in the listed prices. They are charged separately and include:
- The actual shipping costs plus handling
- At least the standard rates applicable on the day of dispatch
Shipping Rates:
- Austria: € 6.90
- Germany: € 12.00
4.3 Delivery is only to Austria and Germany.
5. Payment Terms and Late Fees
5.1 Payment methods: Prepayment (immediate bank transfer), Credit card (via Stripe), or PayPal.
5.2 In case of late payment:
- We may claim compensation for actual damages or default interest
- Interest rates:
- Consumers: 4% annually
- Businesses: 9.2% annually above the base rate
6. Dunning and Collection Costs
If the customer is in default, they must cover necessary dunning and collection costs. For business transactions, this includes a flat fee of €40 in accordance with § 458 UGB. We reserve the right to claim additional damages.
7. Acceptance Default
If the customer does not accept the goods as agreed:
- We may store the goods and charge 0.1% of the gross invoice total per calendar day as a storage fee
- Or store them at a licensed facility at the customer’s cost and risk
- We may insist on contract fulfillment or, after setting a two-week grace period, withdraw from the contract and resell the goods
8. Delivery Terms
8.1 Delivery is only to Austria and Germany.
8.2 Delivery starts only after all customer obligations are fulfilled.
8.3 Unless otherwise stated in the order confirmation, dispatch is within 2 business days after receipt of payment.
8.4 We may exceed delivery dates by up to one week before the customer may withdraw after setting a reasonable grace period.
9. Liability for Damages
Claims for damages due to slight negligence are excluded—except:
- For personal injuries
- For consumer claims involving items taken for processing
The customer (except consumers) must prove fault. These damage rules also apply when damage claims are made alongside or instead of warranty claims.
10. Retention of Title
All goods remain our property until fully paid. Asserting this does not imply automatic contract cancellation unless explicitly stated. If goods are returned, we may charge handling fees.
The customer must notify us immediately in case of third-party access (e.g. seizure). Until full payment is made, the customer may not sell, pledge, gift, or lend the goods. The customer bears the risk of loss, damage, or destruction of the goods.
11. Right of Withdrawal by the Seller / Improper Withdrawal by the Customer
11.1 In case of acceptance default or significant issues (e.g. payment delay), we may withdraw from the contract if it has not been fully fulfilled. If the customer is at fault, we may claim either:
- 15% of the gross invoice amount as a flat-rate compensation, or
- Actual damages incurred
11.2 If the customer withdraws without justification, we may either:
- Insist on contract performance, or
- Agree to cancel it and charge either a 15% flat-rate or actual damages
12. Data Protection
12.1 Both parties must comply with the DSG, GDPR, and any other relevant confidentiality laws.
12.2 We process only necessary personal data to fulfill the contract. Details are available on our website: https://bondi-studios.com/datenschutz/
12.3 The customer is responsible for obtaining consent (e.g., from third parties) as required under the GDPR for us to process personal data.
13. Address Changes and Copyright
13.1 The customer must notify address changes until mutual contractual obligations are fulfilled. Otherwise, messages sent to the last known address are deemed delivered.
13.2 Samples, brochures, catalogs, illustrations, etc. remain our intellectual property. No usage or exploitation rights are granted.
14. Right of Retention
In non-consumer transactions, the customer may withhold only a reasonable portion of the invoice in case of justified complaints, unless a full reversal of the contract is involved.
15. Place of Fulfillment, Language, Legal Jurisdiction
15.1 Place of fulfillment: Company’s registered office.
15.2 Contract language: German.
15.3 Jurisdiction: Austrian courts. If not a consumer, exclusive venue is the court with jurisdiction at the company’s registered office.
15.4 Governing law: Austrian law, excluding international conflict rules and the UN Convention on Contracts for the International Sale of Goods (CISG). Consumer protections under their home country laws remain unaffected.
16. Final Provisions
16.1 Legally binding declarations must be sent in writing to the last known address.
16.2 Section titles are for clarity only and not for interpreting the contract.
16.3 Assignment of rights/obligations is only allowed with written consent.
16.4 If any provision is or becomes invalid, the rest remains in effect. Invalid terms are to be replaced by valid ones with similar economic effect.
17. Youth Protection
Alcohol (e.g., wine) may only be sold to adults. We may require proof of age (ID). If not provided, and the order cannot be delivered, the customer must cover any resulting damages.
18. Consent under §107 TKG
The customer agrees to receive promotional emails per §107 of the Telecommunications Act. This consent can be withdrawn anytime at: shop@bondi-studios.com