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Flasher GmbH

General Terms and Conditions

General terms and conditions (GTC) of

Flasher GmbH
Stremayrgasse 16/4
8010 Graz
Austria
FN 538353 x
District Court for Civil Law Matters Graz (hereinafter referred to as “Flasher”)

from June 2022
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING OUR PRODUCTS. BY PURCHASING PRODUCTS FROM FLASHER, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. YOU ALSO REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION OR PLACE OF RESIDENCE TO PURCHASE AND USE OUR PRODUCTS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT PURCHASE ANY FLASHER PRODUCTS.
Content
1. General
2. Conclusion of a contract and inclusion of GTC
3. Storage of the contract text
4. Right of withdrawal / right of withdrawal (this section only applies to consumers)
5. Delivery terms
6. Due date and retention of title
7. Prices, shipping costs and payment terms
8. Guarantee
9. Disclaimer of liability
10. Right of set-off, right of retention
11. Data Protection
12. Changes to the General Terms and Conditions / Reservation of changes
13. Severability clause
14. Contract language
15. Applicable Law and Jurisdiction
16. Arbitration board and online dispute resolution (this section only applies to consumers)
17. Non-Waier
18. Customer service
1. General
1.1 These general terms and conditions (hereinafter referred to as “GTC”) apply to all contracts that Flasher concludes with its customers.

1.2 These terms and conditions therefore apply both to consumers in the sense of the Austrian Consumer Protection Act (KSchG) and to entrepreneurs in the sense of the KSchG.

1.3 The term “customers” includes both consumers and business customers. Provisions herein only apply to contracts with consumers where expressly stated; the same applies accordingly to provision herein, which only apply to contracts with entrepreneurs. If no corresponding notice is given, the respective provision applies to both consumers and entrepreneurs.

1.4 The term “customer” refers to persons of any gender.

1.5 The currently valid version of these terms and conditions can be viewed at any time at www.flasher.tech/terms-and-conditions and is also available for download.

1.6 Changes or additions to a contract between Flasher and an entrepreneur must be made in writing. This also applies to changes to the written form requirement.

1.7 The object of Flasher GmbH is the development, production and distribution of safety applications and products for users of micro-mobility vehicles such as bikes, e-scooters, etc.
2. Conclusion of the Contract and inclusion of GTC
2.1 The following provisions on the conclusion of a contract apply both to orders via our internet shop http://www.flasher.tech as well as to other orders directly sent to Flasher GmbH via other communication. In the case of the conclusion of a contract, the contract is concluded with

Flasher GmbH
Rechbauerstraße 31 / 2.OG
A – 8010 Graz
Commercial register number: FN 535684 x ​​Commercial
register court: Regional court for ZRS Graz

2.2 As soon as a customer order is accepted or a customer otherwise enters into a contractual relationship with Flasher, these GTC become part of the contract.

2.3 General terms and conditions or contractual conditions of the customer that deviate from these GTC are deemed not to have been agreed and thus do not become a part of the contract, nor do they constitute a basis for interpretation of a contract with Flasher, unless these are expressly accepted by Flasher as part of the contract.

2.4 The presentation of the goods in the Flasher online shop does not constitute a legally binding offer on our part, but is only a non-binding invitation to the customer to submit an offer. By ordering the desired goods, the customer submits a binding offer to conclude a contract for the purchase of goods.

2.5 The acceptance of the offer by Flasher takes place either in writing via email or by sending of the ordered goods within one week of receiving the offer. The order confirmation mentioned below is not an acceptance of the customer’s offer by Flasher and does not create a binding contract. The offer is deemed not to have been accepted if Flasher expressly rejects the offer by email to the email address submitted by the customer or if Flasher does not send the goods within one week of receiving the customer’s offer.

2.6 The customer submits a binding contract offer in our online shop by successfully going through the ordering procedure provided in our online shop. The Customer may submit the offer via the online order form integrated into Flasher’s online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to Flasher by telephone, fax, email, mail or online contact form.

2.7 Before submitting the order via the online order form, the information of the order is displayed to the customer and the customer has the opportunity to identify and correct possible input errors. For better recognition of input errors, the enlargement function of the browser can be used, with the help of which the display on the screen is enlarged. The customer can correct entries during the electronic ordering process until the ordering process is completed by clicking on the final button labeled “buy now”.

2.8 After receiving the order, Flasher sends a notification email to the email address provided by the customer, in which the receipt of the order is confirmed and its content is reproduced (hereinafter referred to as “order confirmation”). This order confirmation does not constitute an acceptance of the customer’s offer by Flasher.
3. Saving the contract text
3.1 The text of the contract, i.e. the customer’s information on the order process, is saved by Flasher.

3.2 Flasher also sends the terms of the contract and these GTC in the order confirmation to the email address provided by the customer.
4. Right of withdrawal (this section only applies to consumers)
4.1 Beginning of the cancellation policy

The following cancellation policy applies to contracts for goods that can be sent as a package by post or another shipping service provider.

4.2 Right of withdrawal for goods that can be sent as parcels

4.2.1 As a consumer, you have the right to withdraw from this contract without giving a reason. The statutory cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, last took possession of the goods.

4.2.2 To exercise your right of withdrawal, you must inform Flasher of your decision to withdraw from this contract by means of a clear declaration. You can make this declaration for example
via written statement to
Flasher GmbH
Rechbauerstraße 31, 2.OG
A – 8010 Graz
or via email to sales@flasher.tech

4.2.3 To meet the cancellation deadline, it is sufficient for you to send the notification that you are exercising your right of cancellation within the cancellation period.

4.3 Consequences of withdrawal

4.3.1 If you withdraw from this contract, Flasher will return to you all payments that we have received from you, including shipping costs, excluding additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us, to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment, Flasher uses the same means of payment that you used for the original transaction, unless a different means of repayment was expressly agreed with you.

4.3.2 We may refuse the repayment until Flasher has received your returned goods or until you have provided evidence that you have sent the goods back, whichever condition applies first.

4.3.3 You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that goes beyond the necessity to check the nature, properties and functionality of the goods.

4.3.4 Please return the goods immediately and in any case no later than 14 days from the day on which you informed Flasher of the cancellation of this contract, to
Flasher GmbH
Rechbauerstraße 31/2
8010 Graz
AT
or another location named to you by Flasher. The deadline is met if you send the goods before the period of 14 days has expired.

4.3.5 Returns from outside Austria are to be paid for by the consumer.

4.3.6 The right of withdrawal / revocation does not apply to the following contracts:
- Services, if Flasher – on the basis of an express request by the consumer according to § 10 FAGG as well as confirmation of the consumer’s knowledge of the loss of the right of withdrawal in the event of complete fulfillment of the contract – had started to perform the service before the end of the withdrawal period according to § 11 FAGG Service has then been fully provided,
- Goods that are manufactured according to the specifications of the consumer or are clearly tailored to personal needs,
- Goods that can spoil quickly or whose use-by date would be exceeded quickly,
- Goods that are delivered sealed and are unsuitable for return for health or hygiene reasons, provided that the seal has been removed after delivery,
- Goods which, due to their nature, were inseparably mixed with other goods after delivery,
- Sound or video recordings or computer software that are delivered in a sealed package, provided that the seal has been removed after delivery,
- Books, newspapers, magazines or magazines with the exception of subscription contracts for the delivery of such publications,
- Goods that have been intentionally or unintentionally damaged due to improper use. In the event of transport damage, please contact Flasher immediately.
- Products that are returned due to an allergic reaction or intolerance will only be accepted by Flasher if the allergen is not shown in the product description.
- the delivery of digital content not stored on a physical data carrier, if Flasher – with the express consent of the consumer, combined with his knowledge of the loss of the right of withdrawal in the event of early start of the performance of the contract, and after provision of a copy or confirmation according to § 5 para. 2 or Section 7 (3) FAGG – has started delivery before the withdrawal period according to Section 11 FAGG has expired.
- Furthermore, the consumer has no right to withdraw from contracts for urgent repair or maintenance work, for which the consumer has expressly requested Flasher to visit us to carry out this work. If Flasher provides additional services during such a visit that the consumer has not expressly requested, or if he delivers goods that are not necessarily required as spare parts for maintenance or repair, the consumer has the right to withdraw from these additional services or goods.
- If you have received a damaged product, Flasher asks you to take a photo immediately upon receipt and send it to us. In this case it is possible to refund the goods.
5. Lieferbedingungen
5.1 General terms of delivery

5.1.1 Unless otherwise agreed, delivery will be made to the address specified by the customer.

5.1.2 The expected delivery time is specified directly in the shopping cart. When paying in advance, the delivery period begins one day after receipt of the amount on the Flasher bank account. In all other cases, the delivery period begins one day after receipt of the order.

5.1.3 Flasher is not liable in the event of delays in delivery insofar as these delays fall within the sphere of ​​suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which Flasher is not responsible, Flasher is entitled to withdraw from the contract in whole or in part. Flasher will inform the customer about this immediately. The customer cannot derive any claims against Flasher from this, in particular no claims for damages.

5.1.4 If possible, the customer will be informed of existing delivery restrictions before the ordering process begins.

5.1.5 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given him a reasonable amount of notice. Furthermore, this does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. For the return costs, if the customer effectively exercises the right of withdrawal, the provision made in this regard in the seller's cancellation policy shall apply.

5.1.6 Flasher reserves the right to select the delivery company.

5.1.7 Flasher reserves the right, if the customer orders several goods, to have these delivered to the customer as a complete delivery or in several partial deliveries.

5.2 Risk of loss or damages for consumers

The risk of loss or damage to the goods is only transferred to the consumer as soon as the goods are delivered to the consumer or to a third party other than the carrier designated by him. This does not affect the provision on the transfer of ownership according to point 9.

5.3 Risk of loss or damages for entrepreneurs

The risk of loss or damage to the goods is transferred to an entrepreneur at the time the goods are handed over to the delivery service. This does not affect the requirements for the transfer of ownership in point 9.
6. Due date of payment and retention of title
6.1 The payment of the purchase price depends on the agreed method of payment. In any case, the purchase price is due latest upon delivery of the goods.

6.2 Aside from this, in the case of payment in advance, the purchase price is due for payment upon receipt of the invoice and the account details from Flasher.

6.3 In the case of payment by cash on delivery, the due date of the purchase price claim only occurs upon receipt of the goods.

6.4 For all other types of payment, such as payment via payment service providers (including PayPal), the purchase price is due at the time the contract is concluded.

6.5 The delivered goods remain the property of Flasher until they have been paid for in full (retention of title).
7. Prices, shipping costs and terms of payment
7.1 The prices quoted are in euros and include statutory sales tax and other price components. Additional costs, such as for shipping, are shown separately.

7.2 Price errors cannot entirely be excluded and we reserve the right to manage price errors as follows: if the charged price is higher than the price at conclusion of the contract, the customer will be directly contacted. A contract with a higher price is only concluded if the customer states wanting to still buy at the actual, higher price. If the charged price is lower, the customer will be informed and this lower price will be charged.

7.3 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases, which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the destination of the delivery is not a place outside the European Union, e.g. if the customer makes the payment from a country outside the European Union.

7.4 Flasher accepts the payment methods / means listed here:

- Prepayment: With this payment, the customer transfers the invoice amount to the Flasher account within 14 days of the conclusion of the contract. The bank details of Flasher can be seen in the order confirmation as well as in the imprint. The goods are then dispatched after receiving the full payment.
- Credit card: If you pay by credit card, your credit card will be charged after you have placed your order. This also happens immediately if we do not have the goods in stock and can only send them in a few days. Our cooperation partner for this is Stripe.
- Paypal ( https://www.paypal.com )
- Stripe ( https://www.stripe.com )
8. Warranty
8.1 The statutory warranty provisions apply.

8.2 The warranty does not cover damage to the goods caused by the customer, for example in the event of improper handling, incorrect operation or unauthorized repair attempts.

8.3 Entrepreneurs are responsible for notifying defects in accordance with §§ 377 f of the Austrian Business Code in the version in force.

8.4 Consumers do not have this obligation to complain. However, you are expressly asked to notify Flasher of any defects in the delivered product as soon as possible in order to support Flasher in asserting claims against manufacturers, suppliers and the insurer.

8.5 If there is a manufacturer’s guarantee, the customer must assert the claims arising from this directly against the manufacturer. The liability of Flasher from the guarantee is excluded.
9. Disclaimer of Liability
9.1 Claims for damages by the customer against Flasher are excluded unless Flasher or their vicarious agents or agents have acted with gross negligence or intent.

9.2 This does not affect liability for damage resulting from injury to life, limb and health or as far as under the Product Liability Act in the version in force.
10. Right to offset, right of retention
10.1 The customer is not entitled to offset against the claims of Flasher, unless the counterclaims of the customer have been legally established or have been recognized by Flasher.

10.2 The customer may only exercise a right of retention if his counterclaim is based on the same sales contract.
11. Data protection
Data protection provisions are contained in the data protection declaration, which can be found under www.flasher.tech/privacy.
12. Changes to the General Terms and Conditions / Reservation of changes
12.1 We are entitled to unilaterally change these general terms and conditions, insofar as this is necessary to remove equivalence disruptions that subsequently arise or to adapt to changed legal or technical framework conditions.

12.2 Flasher will notify the customer of any change by notifying the customer’s most recently announced email address. The content of the changed regulations will also be sent to this email address.

12.3 The change becomes part of the contract if the customer does not object to the inclusion in the contractual relationship in writing or in text form within six weeks after receipt of the notification of change.
13. Severability Clause
Should individual provisions of these terms and conditions be or become invalid, void, impracticable or ineffective, this shall not affect the validity of the remaining provisions of these terms and conditions. The invalid, void, unenforceable or ineffective provision is deemed to be replaced by a permissible provision that comes as close as possible to its economic purpose. The same applies accordingly in the event of gaps in these terms and conditions.
14. Contract language
The languages ​​available for the conclusion of the contract are German and English. The contract, including the GTC, is concluded in the language that was used at the time of clicking on the “buy now” field on the www.flasher.tech homepage.
15. Applicable law and place of jurisdiction
15.1 The contract between Flasher and the customer is subject to Austrian substantive law, excluding its reference norms and excluding the UN sales law.

15.2 For all disputes arising from this contract, including the question of the valid formation of the contract and its pre- and post-effects, the exclusive jurisdiction of the competent court for Graz, first district, is agreed.

15.3 For consumers within the meaning of the Austrian Consumer Protection Act, the statutory places of jurisdiction for consumers apply.
16. Arbitration board and online dispute resolution (this section only applies to consumers)
16.1 Flasher prefers to settle matters with consumers directly and therefore asks you as a consumer to first contact Flasher directly at sales@flasher.tech in the event of a dispute before submitting a complaint to the ombudsman.

16.2 Nevertheless, Flasher undertakes to participate in the arbitration procedure of the Internet Ombudsman in disputes with consumers: https://ombudsmann.at/

16.3 Alternatively, if you have issues with Flasher, you can submit a complaint to the European Commission’s online dispute settlement platform and have it processed by an independent dispute settlement body: https://ec.europa.eu/consumers/odr
17. Non-waiver
We reserve all rights permitted to us under these Terms and Conditions as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms and Conditions or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
18. Support
Phone: +43 (0) 660 6505506
Support EMail: support@flasher.tech