Terms of service

General Terms and Conditions (GTC) of

Flasher GmbH (FN 538353 x)

Stremayrgasse 16/4, 8010 Graz, Austria

As of November 2023

PLEASE READ THE GENERAL TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING OUR PRODUCTS. BY PURCHASING PRODUCTS FROM FLASHER YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. YOU ALSO DECLARE AND GUARANTEE THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION OR PLACE OF RESIDENCE RESIDENCE, YOU ARE OF LEGAL AGE TO PURCHASE AND USE OUR PRODUCTS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT PURCHASE ANY PRODUCTS FROM FLASHER.

Content

General
Conclusion of a contract and inclusion of the General Terms and Conditions
Storage of the contract text
Right of withdrawal/cancellation (this section applies only to consumers within the EU)
Extraordinary right of withdrawal (This section applies only to consumers outside the EU)
Terms of delivery
Due date and retention of title
Prices, shipping costs, and payment terms
Warranty
Disclaimer
Right of set-off, right of retention
Data protection
Amendment of the General Terms and Conditions / Reservation of changes
Severability clause
Contract language
Applicable law and place of jurisdiction
Arbitration board and online dispute resolution (section applies only to consumers)
No waiver in the event of non-monetary claims
Customer service

General Terms and Conditions (GTC) of Flasher GmbH, FN 538353 x, Stremayrgasse 16/4, 8010 Graz. Graz Local Court for Civil Matters (hereinafter "Flasher").

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 GTC therefore apply both to consumers within the meaning of the Austrian Consumer Protection Act (KSchG) and to entrepreneurs within the meaning of the KSchG.

1.3 The term "customers" includes both consumers and business customers. If provisions of these GTC apply only to contracts with consumers, this will be explicitly stated; the same applies accordingly to provisions of these GTC that apply only to Contracts with entrepreneurs apply. If no corresponding note is made, the respective provision applies to consumers and entrepreneurs.

1.4 The term "customer" refers equally to persons of any gender.

1.5 The currently valid version of these General Terms and Conditions can be accessed at any time at https://flasher.tech/policies/terms-of-service and is also available for download.

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

1.7 The object of the company is the development, production, and distribution of safety applications for users of micro-mobility vehicles such as bicycles, e-scooters, etc.

2. Conclusion of a contract and inclusion of general terms and conditions

2.1 The following provisions on the conclusion of a contract apply both to orders placed via our online shop www.flasher.tech and to other orders placed directly with Flasher. In the event of a contract being concluded, the contract is concluded with

Flasher GmbH

Stremayrgasse 16, 2nd floor

A – 8010 Graz

Company register number: FN 538353 x

Company register court: Regional Court for ZRS Graz

2.2 As soon as a customer enters into a contractual relationship with Flasher by placing an order or in any other way, these GTC shall be deemed to have been agreed.

2.3 Any general terms and conditions or contractual terms and conditions of the customer that deviate from these General Terms and Conditions shall be deemed not to have been agreed unless they are expressly accepted by Flasher as part of the contract.

2.4 The presentation of goods in Flasher's online shop does not constitute a legally binding offer. Our offers do not constitute a contractual offer on our part, but are merely a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract.

2.5 Flasher accepts the offer either in writing by email (this is not the "order confirmation" mentioned below) or by sending the ordered goods. within one week of the customer submitting the offer. The offer shall be deemed rejected if Flasher expressly rejects the offer by email to the email address provided by the customer or if Flasher does not ship the goods within one week of the customer submitting the offer.

2.6 The customer can submit the offer via the online order form integrated into the shopping cart of the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart. Furthermore, the customer can also submit the offer to the seller by telephone, fax, email, post, or online contact form.

2.7 Before submitting the order via the seller's online order form, the customer is shown the order information and has the opportunity to identify and correct any input errors. The browser's zoom function can be useful for better detection of input errors, as it allows the customer to The display on the screen is enlarged. The customer can correct entries during the electronic ordering process until the order process is completed by clicking on the final button labeled "Place order with obligation to pay."

2.8 After receiving the order, Flasher sends a notification email to the email address provided by the customer, confirming receipt of the order and its contents (hereinafter referred to as "order confirmation"). This Order confirmation does not constitute acceptance of the offer by Flasher, but merely provides information about the receipt of the offer by Flasher.

3. Storage of the contract text

The contract text, i.e., the customer's details relating to the order process, is stored by Flasher and can be viewed by the customer under the link "My Account" or "My Orders." Regardless of this, Flasher also sends these General Terms and Conditions in the order confirmation to the email address provided by the customer.

4. Right of withdrawal/cancellation (This section applies only to consumers within the EU)

4.1. Start of the cancellation policy

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

4.2. Right of withdrawal for goods that can be shipped by parcel

4.2.1. As a consumer, you have the right to withdraw from this contract without giving any reason. The statutory withdrawal period is 30 days from the day on which you or a third party named by you, who is not the carrier, 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 statement. You can submit this statement, for example, by writing to

Flasher GmbH
Rechbauerstraße 31, 2nd floor
A – 8010 Graz
or by email to support@flasher.tech

4.2.3. To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal within the withdrawal period.

4.3. Consequences of withdrawal

4.3.1. If you withdraw from this contract, Flasher shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we receive notification of your withdrawal from this contract. Flasher will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you.

4.3.2. We may refuse to refund until Flasher has received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

4.3.3. You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.

4.3.4. Please send the goods back immediately and in any case no later than 14 days from the date on which you notify Flasher of your withdrawal from this contract to

Flasher GmbH
Rechbauerstraße 31/2
8010 Graz
AT

or to another location specified by Flasher. The deadline is met if you send the goods before the 14-day period expires.

4.3.5. The costs of return shipments shall be borne by the consumer.

4.3.6. The right of withdrawal/cancellation does not apply to the following contracts:

Services, if Flasher – on the basis of an express request by the consumer pursuant to § 10 FAGG and confirmation by the consumer that they are aware of the loss of their right of withdrawal upon complete fulfillment of the contract – had already begun to perform the service before the expiry of the withdrawal period pursuant to § 11 FAGG and the service was then performed in full,
Goods that are manufactured according to the consumer's specifications or are clearly tailored to personal needs,
Goods that can spoil quickly or whose expiration date would be quickly exceeded,
Goods that are delivered sealed and are not suitable for return for health protection or hygiene reasons, provided that their seal has been removed after delivery,
Goods that, due to their nature, have been inseparably mixed with other goods after delivery,
Audio or video recordings or computer software delivered in sealed packaging, provided that the seal has been removed after delivery,
Books, newspapers, magazines, or illustrated magazines, with the exception of subscription contracts for the delivery of such publications,
Goods that have been damaged intentionally or unintentionally 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 was not indicated 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 their acknowledgment of the loss of the right of withdrawal in the event of premature commencement of contract fulfillment, and after providing a copy or confirmation in accordance with § 5 (2) or § 7 (3) FAGG – has already commenced delivery before the expiry of the withdrawal period pursuant to § 11 FAGG.

Furthermore, the consumer has no right of withdrawal in the case of contracts for urgent repair or maintenance work where the consumer has expressly requested Flasher to visit in order to carry out this work. If Flasher provides additional services during such a visit that the consumer has not expressly requested, or if it delivers goods that are not absolutely necessary as spare parts for maintenance or repair, the consumer has the right of withdrawal with regard to these additional services or goods.
If you have received damaged goods, 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. Extraordinary right of withdrawal (This section applies only to consumers outside the EU)

5.1 Start of the withdrawal policy

The following withdrawal policy applies to contracts for goods that can be sent as a parcel by post or another shipping service provider and only to such Contracts with consumers who are not citizens of a Member State of the European Union and where the place of performance for the delivery of goods is outside the territory of a Member State of the European Union.

5.2 Right of withdrawal for goods that can be shipped by parcel post

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

5.2.2 To exercise your right of withdrawal, you must inform Flasher of your decision to withdraw from this contract by means of a clear statement of your decision to withdraw from this contract. You can make this statement, for example,

by sending a written letter to

Flasher GmbH

Rechbauerstraße 31, 2nd floor

A – 8010 Graz

using the online form

or by email to sales@flasher.tech.

5.2.3 To comply with the withdrawal period, it is sufficient that you send the notification of your exercise of the right of withdrawal within the withdrawal period.

5.3 Consequences of withdrawal

5.3.1 If you withdraw from this contract, Flasher will refund the purchase price paid for the product on the date of purchase without delay and at the latest within 14 days from the day on which we receive notification of your withdrawal from this contract. Flasher will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you.

5.3.2 We may refuse to refund until Flasher has received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

5.3.3 You will only be liable for any loss in value of the goods if this loss of value is attributable to handling of the goods that is not necessary for testing their condition, properties, and functionality.

5.3.4 Please send the goods back immediately and in any case no later than 14 days from the date on which you notify Flasher of your withdrawal from this contract to

Flasher GmbH

Rechbauerstraße 31/2

8010 Graz

or to another location specified by Flasher. The deadline is met if you send the goods before the 14-day period expires.

5.3.5 The cost of any other than the cheapest standard delivery offered by us, if chosen by the buyer, as well as costs for the return shipment, import sales tax, and customs duties, both for the original delivery and for the return shipment based on these contractual provisions, are not refundable within the scope of the withdrawal.

5.3.6 The right of withdrawal/cancellation does not apply to the following contracts:

Services, if Flasher – on the basis of an express request by the consumer pursuant to § 10 FAGG and confirmation by the consumer that they are aware of the loss of their right of withdrawal upon complete fulfillment of the contract – had already begun to perform the service before the expiry of the withdrawal period pursuant to § 11 FAGG and the service was then performed in full,
Goods that are manufactured according to the consumer's specifications or are clearly tailored to personal needs,
Goods that can spoil quickly or whose expiration date would be quickly exceeded,
Goods that are delivered sealed and are not suitable for return for health protection or hygiene reasons, provided that their seal has been removed after delivery,
Goods that, due to their nature, have been inseparably mixed with other goods after delivery,
Audio or video recordings or computer software delivered in sealed packaging, provided that the seal has been removed after delivery,
Books, newspapers, magazines, or illustrated magazines, with the exception of subscription contracts for the delivery of such publications,
Goods that have been damaged intentionally or unintentionally 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 was not indicated 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 their acknowledgment of the loss of the right of withdrawal in the event of premature commencement of contract fulfillment, and after providing a copy or confirmation in accordance with § 5 (2) or § 7 (3) FAGG – has already commenced delivery before the expiry of the withdrawal period pursuant to § 11 FAGG.

6. Delivery terms

6.1 General information on delivery conditions

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

6.1.2 The estimated delivery time is indicated directly in the shopping cart. For payments made in advance, the delivery period begins one day after the amount has been credited to Flasher's bank account. In all other cases, the delivery period begins one day after the order is received.

6.1.3 Flasher is not liable for delivery obstacles that lie within the sphere of influence of suppliers or manufacturers. If delivery or compliance with an agreed delivery time If circumstances beyond Flasher's control make it impossible to fulfill the contract, Flasher is entitled to withdraw from the contract in whole or in part. Flasher will inform the customer of this immediately. The customer cannot derive any claims against Flasher from this, in particular no claims for damages.

6.1.4 The customer will be informed of existing delivery restrictions before the start of the order process or during the order process, if possible.

6.1.5 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear all costs in connection with 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 he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs of delivery if the customer effectively exercises his right of withdrawal in accordance with point 4 of these contractual provisions. The following applies to the return costs
the provisions set out in the seller's cancellation policy.

6.1.6 Flasher reserves the right to select the delivery service.

6.1.7 Flasher reserves the right to deliver multiple items ordered by a customer as a single shipment or in multiple partial shipments.

6.2 Transfer of risk upon delivery to a consumer. The risk of loss or damage to the goods shall only pass to the consumer once the goods have been delivered to the consumer or to a third party designated by the consumer, other than the carrier. This shall not affect the provision on transfer of ownership in accordance with Section 9.

6.3 Transfer of risk for deliveries to a business: The risk of loss or damage to the goods shall pass to the entrepreneur at the time the goods are handed over to the delivery service. This shall not affect the conditions for transfer of ownership in point 9.

7. Due date of payment and retention of title

7.1 The due date for payment of the purchase price depends on the agreed method of payment. In any case, the purchase price is due at the latestupon receipt of the delivered goods.

7.2 Notwithstanding this, if payment is made in advance, the purchase price is due for payment upon receipt of the account details from Flasher.

7.3 When paying cash on delivery, the purchase price is only due upon receipt of the goods.

7.4 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.

7.5 The delivered goods remain the property of Flasher until full payment has been received (retention of title).

8. Prices, shipping costs, and terms of payment

8.1 The prices quoted are in euros and include statutory sales tax and other price components. Any shipping costs will be added and shown separately.

8.2 Prices are subject to change. If the invoiced price is higher, the customer will be contacted; in this case, a contract is only concluded if the customer explicitly declares that they wish to purchase at the actual, higher price. If the invoiced price is lower, the customer will be notified and this price will be charged.

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

8.4 Flasher accepts the following payment methods:
Bank transfer: With this payment method, the customer transfers the invoice amount to Flasher's account within 14 days of concluding the contract. Flasher's bank details can be found in the order confirmation and in the legal notice. The goods will be shipped on the earliest possible working day following receipt of payment.
Credit card: When paying by credit card, your credit card will be charged after completion of the order. This happens immediately, even if we do not have the goods in stock and can only ship them in a few days. Our cooperation partner for this is Stripe.
PayPal (https://www.paypal.com )
Pay immediately with Klarna (https://www.klarna.com/at/ )
eps transfer (requires the customer to have a bank account with an Austrian bank. (https://eps-ueberweisung.at/de/ )

9. Warranty

9.1 The warranty provisions mandated by law apply.

9.2 The warranty does not cover damage to the goods caused by the customer, such as improper handling, incorrect operation, or unauthorized repair attempts.

9.3 Entrepreneurs are responsible for reporting defects in accordance with §§ 377 f UGB (Austrian Commercial Code) in the currently applicable version.

9.4 Consumers are not subject to this obligation to give notice of defects. However, they are expressly requested to report any defects in the delivery to Flasher as soon as possible in order to assist Flasher in asserting claims against manufacturers, suppliers, and the insurer.

9.5 If a manufacturer's warranty exists, the customer must assert any claims arising therefrom directly against the manufacturer. Flasher's liability under the warranty is excluded.

10. Liability disclaimer

10.1 Claims for damages by the customer against Flasher are excluded unless Flasher or its vicarious agents have acted at least with gross negligence or intent.

10.2 Liability for damages resulting from injury to life, limb, or health or under the Product Liability Act (Produkthaftungsgesetz) in its currently valid version remains unaffected, insofar as this cannot be validly excluded.

11. Right of set-off, right of retention

11.1 The customer is not entitled to offset Flasher's claims unless the customer's counterclaims have been legally established or recognized by Flasher.

11.2 The customer may only exercise a right of retention if their counterclaim is based on the same purchase contract.

12. Data protection

Provisions regarding data protection are contained in the privacy policy: www.flasher.tech/en/policies/privacy-policy

13. Changes to these General Terms and Conditions / Right to make changes

13.1 Flasher is entitled to unilaterally amend these General Terms and Conditions insofar as this is necessary to eliminate subsequent imbalances or to adapt to changed legal or technical conditions.

13.2 Flasher will inform the customer of any changes via the customer's most recently provided and will send the content of the amended provisions in this notification.

13.3 The amendment shall become part of the contract if the customer does not object to us in writing within six weeks of receiving notification of the amendment and the inclusion of the contractual relationship.

14. Severability clause

Should individual provisions of these General Terms and Conditions be or become invalid, void, unenforceable, or ineffective, this shall not affect the validity of the remaining provisions of these General Terms and Conditions. The invalid, void, unenforceable, or ineffective provision shall 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 General Terms and Conditions.

15. Contract language

The languages available for concluding the contract are German and English. The contract, including the General Terms and Conditions, shall be concluded in the language used at the time of clicking on the "Pay now" button in the online shop at www.flasher.tech.

16. Applicable law and place of jurisdiction

16.1 The contract between Flasher and the customer is subject to Austrian substantive law, excluding its referral provisions and excluding the UN Convention on Contracts for the International Sale of Goods.

16.2 For all disputes arising from this contract, including the question of the valid conclusion of the contract and its preliminary and subsequent effects, the exclusive jurisdiction of the competent court for Graz, first district, is agreed.

16.3 For consumers within the meaning of the Austrian Consumer Protection Act, the statutory places of jurisdiction shall apply.

17. Arbitration board and online dispute resolution (section applies only to consumers)

17.1 Flasher prefers to resolve matters with consumers directly and therefore asks you, as a consumer, to contact Flasher directly at sales@flasher.tech in the event of a dispute before submitting a complaint to the ombudsman.

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

17.3 Alternatively, if you have any problems with Flasher, you can submit a complaint to the European Commission's online dispute resolution platform and have it handled by an independent dispute resolution body: https://ec.europa.eu/consumers/odr

18. No waiver in the event of non-monetary claims

We reserve all rights to which we are entitled under these GTC and the provisions of applicable law. Our failure to assert or enforce one or more provisions of these GTC or applicable law shall not be construed as a waiver of our right to assert or enforce the same provision under the same or different circumstances at any time in the future enforce it.

19. Customer service

Phone: +43 (0) 660 6505506
Support email: support@flasher.tech

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Imprint

Refund policy