Terms of service
GENERAL TERMS AND CONDITIONS (GTC)
1. Provider, scope
1.1 These General Terms and Conditions apply to all contracts for the supply of goods concluded through the online shop gooter-golf.com between 2Mountain-Development GmbH and its customers.
1.2 The contracting party is:
2Mountain-Development GmbH
Neualmerstrasse 37
5400 Hallein
Austria
Phone: +43 800 7000 477
E-mail: office@2mountain-development.com
VAT: ATU75873823
Commercial register number: FN 540639 h
Commercial register court: Regional Court Salzburg
1.3 Consumers within the meaning of these GTC are natural persons who enter into a transaction for purposes that are predominantly outside their trade or self-employed professional activity. Entrepreneurs are natural or legal persons or legally capable partnerships acting in the course of their trade or self-employed professional activity.
1.4 Deviating terms and conditions of the customer apply only if we have expressly agreed to them in writing. With regard to entrepreneurs, we expressly object to the inclusion of any conflicting or supplementary terms and conditions.
2. Age requirements and authorisation to purchase
2.1 Orders may only be placed by persons of legal age with full legal capacity. Orders by minors or otherwise not fully legally capable persons require the consent of the legal representative.
2.2 We are entitled to require suitable evidence of identity, age of majority or entrepreneur status, insofar as this is necessary for contract processing, fraud prevention or compliance with legal obligations.
3. Subject of the contract, product character and area of use
3.1 The subject of the contract is the delivery of the product described in the respective order process together with the scope of delivery stated in the shop and the order confirmation.
3.2 The GOOTER is an electrically powered golf and transport device with driving, pushing, auto-cruise and folding functions. It is intended for use on suitable golf facilities, private grounds and other permissible surfaces.
3.3 The GOOTER is not a road vehicle, not a vehicle approved for public road traffic, and not a medical device or therapeutic aid. Statements about relief or comfort do not describe a medical effect, no healing effect and no suitability for public road traffic.
3.4 Whether and to what extent the GOOTER may be used on a particular golf facility, in a club, at a tournament or on any other area depends exclusively on the respective applicable course rules, house rules, regulatory requirements and decisions of the operator or owner. Unless we have expressly promised this, we give no guarantee and make no commitment that the driving mode, push mode or auto-cruise mode is permissible on every golf facility, in every club or in every jurisdiction.
3.5 Technical information such as performance values, ranges, gradeabilities, charging times, weights, speeds, usage durations and dimensions depends in particular on user weight, load, terrain, slope, ground conditions, tyre pressure, temperature, weather, battery condition, riding style, maintenance condition and usage intensity. Deviations within tolerances customary in practice are not a defect. Expressly promised characteristics remain binding.
4. Conclusion of contract
4.1 The presentation of products in the online shop does not constitute a binding offer but an invitation to submit an order.
4.2 By completing the order process with the button that indicates the obligation to pay, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart.
4.3 The contract is only concluded when we accept the order within 5 business days after receipt of the order by an order confirmation in text form or dispatch the goods. After expiry of this period, the customer is no longer bound by their offer. The automated acknowledgement of receipt only documents the receipt of the order and does not yet constitute acceptance.
4.4 We are entitled to reject orders without giving reasons, in particular in the event of delivery obstacles, justified suspicion of misuse or fraud, obvious price or description errors, lack of availability or legal obstacles.
4.5 Before submitting the order, the customer can review all information in the shopping cart and at checkout and correct it using the editing functions or the back function of the browser.
4.6 The languages available for the conclusion of the contract are German and English.
4.7 We store the contract text. The customer receives the order data by e-mail with the order confirmation; the current version of these GTC is available at any time at gooter-golf.com/en/policies/terms-of-service and can be saved and printed.
5. Prices, shipping costs, payment, due date
5.1 All prices are in Euro. With regard to consumers, prices include statutory value added tax, where applicable. Shipping costs, surcharges and other ancillary costs are shown separately at checkout.
5.2 The prices and ancillary costs shown in the shop at the time of order are decisive.
5.3 Only the payment methods offered at checkout apply. We reserve the right not to offer individual payment methods in individual cases or as a result of a risk assessment.
5.4 The purchase price is due for payment upon conclusion of the contract unless a different payment method is expressly provided at checkout.
5.5 Set-off and retention by entrepreneurs are only permissible against legally established claims or claims expressly recognised by us. Consumers have set-off and retention rights to the extent permitted by law.
5.6 In the case of prepayment, the purchase price must be transferred in accordance with the payment instructions in the order confirmation; the delivery time begins in accordance with Section 6.1 on the day after the customer instructs their bank to make the payment. If payment is not received within 10 days after our payment reminder, we are entitled to withdraw from the contract and cancel the order. The payment reminder is sent by e-mail and points out this legal consequence. Partial payments already made will be refunded. Further statutory rights remain unaffected.
5.7 In the event of late payment, statutory default interest applies. With regard to consumers, reminder and debt collection costs may only be charged insofar as they were actually incurred and are necessary for appropriate legal enforcement.
6. Delivery, availability, delivery times
6.1 We deliver in most cases within 7 business days to the delivery address provided by the customer. Business days are Monday to Friday, excluding public holidays in Austria. The delivery time begins on conclusion of the contract or, where payment is made by prepayment, on the day after the customer instructs their bank to make the payment. The indication of 7 business days describes our usual delivery time and is a guide value. Occasionally, delivery delays may occur; in that case we will inform the customer without undue delay by e-mail of the expected delivery time. The binding latest delivery date is, unless a different delivery date is expressly stated in the order process or in the order confirmation, the 30th day after conclusion of the contract or, where payment is made by prepayment, the 30th day after the customer instructs their bank to make the payment. In addition, our shipping and delivery terms apply, which form part of the contract.
6.2 If a delivery window, a pre-order period or a batch delivery is expressly stated on the product page, at checkout or in the order confirmation, this period applies as the agreed delivery time in place of the provision in Section 6.1. Delivery time indications, delivery periods and delivery windows are not fixed-date transactions, unless we expressly designate a date as a binding fixed date or it follows from an express agreement or from the circumstances that performance must take place at exactly that time. Individual agreements take precedence. For GOOTER products, deliveries may be made from stock, in pre-sale or related to batches.
6.3 Delivery delays may arise in particular due to production processes, supply bottlenecks, spare parts availability, quality controls, transport and logistics problems, dangerous goods regulations for lithium batteries, customs processing, regulatory measures, strike, force majeure or other circumstances, without this giving rise to a right to extend the latest delivery date stated in Section 6.1.
6.4 Exceeding the guide value of 7 business days does not in itself constitute delivery default or a ground for withdrawal or damages. After expiry of the binding latest delivery date (Section 6.1), the statutory rights apply. Consumers may withdraw from the contract if the agreed delivery time or the latest delivery date stated in Section 6.1 has expired and they have unsuccessfully requested us to deliver within a reasonable grace period; the grace period may also be set by e-mail. Statutory exceptions in which no grace period is required, as well as other statutory rights of the consumer, remain unaffected. Claims for damages for late delivery are governed by the statutory provisions; with regard to entrepreneurs, Section 14.2 additionally applies, and with regard to consumers Sections 14.1 and 14.3 apply.
6.5 Partial deliveries are permissible to the extent they are reasonable for the customer. We bear additional shipping costs for reasonable partial deliveries, unless otherwise expressly agreed.
6.6 Should self-delivery fail despite a timely and proper congruent covering transaction through no fault of our own, or should delivery become impossible for reasons we are not responsible for, we are entitled to withdraw from the contract. We will inform the customer without undue delay and reimburse payments already received without undue delay, at the latest within 14 days.
6.7 If delivery is delayed or made impossible by force majeure (an external, unforeseeable event that cannot be averted even with the utmost care, for example natural events, epidemics, war, official prohibitions, strikes outside our company, blocked transport routes) or by other unforeseeable obstacles that we could not avert despite reasonable care and for which we are not responsible (for example interruption of supply chains, customs and official measures, dangerous goods and transport restrictions, energy or raw material shortages, in each case insofar as unforeseeable), the delivery time is extended with regard to entrepreneurs by the duration of the obstacle plus a reasonable start-up period of no more than 14 days. With regard to consumers, this applies insofar as it does not restrict the statutory right to withdraw from the contract after expiry of the delivery period and unsuccessful setting of a reasonable grace period. We will inform the customer without undue delay. If the obstacle lasts longer than two months, both contracting parties are entitled to withdraw from the contract; we will refund payments already made without undue delay, at the latest within 14 days.
7. Handover, risk transfer, acceptance, delivery address
7.1 For consumers, the risk of accidental loss or accidental deterioration of the goods passes only upon handover to the consumer or to a third party named by the consumer and different from the carrier.
7.2 For entrepreneurs, the risk passes upon handover of the goods to the carrier, forwarder or other person designated to carry out the shipment.
7.3 The customer must provide a complete, correct and deliverable address and create all reasonable conditions for successful delivery. This includes, in particular, correct contact details, accessibility, readiness for acceptance and, where applicable, availability for queries from the deliverer. Delivery to P.O. boxes or parcel lockers is not possible. A change of the delivery address after conclusion of the contract is only possible as long as dispatch has not yet been initiated; reasonable additional costs actually incurred as a result are borne by the customer.
7.4 If delivery fails for reasons attributable to the customer (in particular incorrect or incomplete address, not being present despite an agreed appointment, or refusal of acceptance without legal grounds), or if the customer does not accept delivery in time, we are entitled to charge the costs actually incurred by us as a result (return transport, storage, renewed shipping). With regard to consumers, this is limited to costs actually incurred and proven; we do not charge consumers a flat-rate handling or re-storage fee. With regard to entrepreneurs, we may additionally charge reasonable handling effort. This does not apply in the event of an effective withdrawal or the exercise of other statutory rights of the consumer.
7.5 Consumers are asked to check the shipment on delivery for externally recognisable transport damage, to note obvious damage on the proof of delivery as soon as possible, to photograph the damage and the packaging and to inform us promptly. Failure to do so has no impact on the statutory rights of the consumer. Entrepreneurs must inspect the goods without undue delay after receipt in accordance with Section 377 UGB and report recognisable defects and transport damage without undue delay, recognisable transport damage at the latest within three business days and other recognisable defects at the latest within seven days after receipt, in each case in text form; hidden defects must be reported without undue delay after discovery. Obvious transport damage must also be noted on the proof of delivery.
7.6 Delivery is made to the delivery address provided; for freight shipments kerbside or, where the carrier offers this, to the first accessible entrance door (house, flat or garage door). Carrying the goods into rooms, setting them up, assembly and commissioning are not owed unless expressly agreed.
8. Retention of title
8.1 The delivered goods remain our property until full payment of all claims arising from the respective contract.
8.2 With regard to entrepreneurs, we reserve title until full payment of all claims arising from the ongoing business relationship. The entrepreneur may resell the goods subject to retention of title in the ordinary course of business; they hereby assign to us as security the resulting claims against their customers in the amount of our outstanding claims, and we accept the assignment. The entrepreneur must record the assignment in their books and, on request, name the debtors to us. Third-party access to the goods subject to retention of title must be reported to us without undue delay. We will release security on request insofar as its realisable value exceeds the claims to be secured by more than 10 %.
9. Safety and usage instructions
9.1 The GOOTER may only be used by persons who are physically and mentally able to safely control the device, to safely get on and off, to steer, to brake and to react appropriately to changing ground and usage situations.
9.2 Before first use, the user manual, all safety instructions, warnings and charging instructions must be read in full and complied with. The buyer must ensure that any further users of the device also receive and observe these notes before use.
9.3 Before each use, in particular the brake function, wheels and tyres, fastenings, locks of the folding mechanism, handlebars, controls, plug connections, battery seat and visible damage must be checked. If anomalies, unusual noises, error messages, loosening, damage, performance loss or safety-relevant deviations are observed, use must be discontinued immediately.
9.4 The GOOTER may only be used as intended, with the necessary care and taking into account terrain, weather, visibility, slope, surface, traffic situation and course rules.
9.5 In particular, the following is not permitted:
use in public road traffic, unless there is a separate and legally effective approval in the individual case;
use under the influence of alcohol, drugs or medication;
use by more than one person at the same time;
carrying persons, animals or non-intended loads;
exceeding the maximum total load stated in the product description or manual;
use on unsuitable, extremely steep, slippery, icy, snow-covered, flooded or otherwise dangerous ground;
riding over steps, jumps, kerbs, rough obstacles or unsecured slopes;
any modification of electronics, drive, brake, control, software, speed settings, folding mechanism or safety components.
9.6 The customer is responsible for checking, before each use, whether use on the respective golf course, private property or other terrain is permissible and whether any additional safety measures or protective regulations must be observed.
9.7 Failure to observe operating, charging, maintenance, safety or use instructions constitutes improper use.
10. Battery, charger, fire and safety risks
10.1 The GOOTER contains or uses a lithium battery. Lithium batteries are safety-relevant products and require careful handling.
10.2 Only batteries, chargers, cables and accessories approved by us or supplied with the product may be used. Damage or hazards that are caused by the use of non-approved components are not at our expense, unless we are at attributable fault; the use may exclude the warranty insofar as it is causal for the damage.
10.3 The battery may only be charged, stored and transported in a dry, well-ventilated environment, protected from direct heat, open fire, sources of sparks, moisture and mechanical damage. Charging on easily flammable surfaces, in escape routes, in the immediate vicinity of flammable materials or in unattended fire-prone areas must be avoided.
10.4 The battery must not be opened, dismantled, crushed, pierced, short-circuited, immersed in water, strongly heated, burned or otherwise mechanically or thermally abused.
10.5 If the battery shows visible damage, deformation, swelling, unusual heating, leaking substances, odour formation or other anomalies, it may not be used, charged or transported without prior coordination with us.
10.6 Normal, age- and usage-related capacity loss of batteries, performance-dependent range variations and wear on wear-prone parts do not in themselves constitute a defect. This does not restrict the statutory warranty rights: if the battery capacity declines faster than would be expected for comparable batteries under intended use, or if a defect is due to a defect present at handover, a defect may exist.
11. Maintenance, repair, spare parts, product observation
11.1 The GOOTER must be regularly maintained, cleaned and checked for safe condition in accordance with the user manual. Neglected care, improper storage, moisture, corrosion, soiling, lack of inspection or continued use despite recognisable defects may exclude the warranty insofar as they are causal for the damage.
11.2 Repairs, safety-related interventions and the replacement of essential components may only be carried out by us, by authorised service points or by qualified persons if safe and proper execution is ensured.
11.3 Removed, covered or illegible serial numbers, type plates or safety markings can significantly impair the traceability of the product, the processing of complaints and the documentation of service cases.
11.4 In the event of safety notifications, recalls, technical improvements or product warnings, the customer is obliged to comply with the instructions therein immediately and to refrain from further use until released, if applicable.
12. Right of withdrawal and returns
12.1 The statutory right of withdrawal applies to consumers. Details are set out in our separate withdrawal notice including return rules; this serves for information purposes and contains no agreement deviating from the statutory provisions. Entrepreneurs have no right of withdrawal.
12.2 Returns must be made completely, transport-safe and in compliance with the special requirements for lithium batteries.
12.3 If the consumer effectively declares withdrawal, the statutory rules and the withdrawal notice issued for this purpose apply exclusively to return costs, compensation for value and reversal, in particular the bearing of the direct return costs by the consumer regulated there; the table on loss in value contained there is merely a non-binding guide.
13. Statutory warranty, no voluntary guarantee, service and repair cases
13.1 The mandatory statutory warranty rights apply to consumers. A voluntary guarantee only exists if we expressly and separately grant it in writing in a stand-alone guarantee declaration in the individual case. Information about service, repair, maintenance, support, spare parts availability, goodwill or technical assistance does not in itself constitute a guarantee, durability guarantee or quality guarantee.
13.2 The statutory warranty requires that a defect was already present at handover or that its cause was already present at handover. In the following cases there is as a rule no defect, unless it is proven that the cause was already present at handover:
normal wear and customary use;
cosmetic signs of use without significant impairment of function;
capacity loss of the battery due to age, use, temperature or charging cycles;
wear on tyres, tread, surfaces, grips, coatings, fastenings and other typical wear parts;
damage caused by improper use, operating errors, overloading, falls, impact, collision, transport after handover, improper storage, frost, heat, moisture, rain, water, corrosion, dirt, deficient cleaning or deficient care;
damage caused by failure to observe operating, charging, safety, care or maintenance instructions;
damage caused by unsuitable or non-approved chargers, batteries, accessories, spare parts, modifications or software/electronic interventions;
damage resulting from unauthorised repair attempts, opening of components, manipulation or modifications of the product;
damage caused by external influences or use conditions for which the product is not intended or approved.
The above list explains typical cases in which no defect exists. The mandatory statutory warranty rights of consumers, in particular the statutory presumption that a defect appearing within one year of handover was already present at handover, are not restricted by this.
13.3 With regard to entrepreneurs, the following applies additionally:
the warranty period is twelve months from handover, except in cases of intent, malice, personal injury and claims under the Product Liability Act;
Section 377 UGB (Austrian Commercial Code) applies;
recourse claims under Section 933b ABGB remain unaffected insofar as the entrepreneur had to satisfy them with regard to a consumer.
13.4 Defects, malfunctions, safety anomalies or service requests must be reported as soon as possible to support@gooter-golf.com. The report should in any event contain:
name and address;
order number or proof of purchase;
purchase date;
serial number;
fault description as accurate as possible;
meaningful photos or videos;
photos of the overall condition of the device and the affected component.
13.5 Before sending in any unit, contact us. We will inform you of the next steps, the service address and, if necessary, the conditions for sending it in, and on request we will arrange collection through our freight forwarder. In a statutory warranty case, we bear the transport costs necessary for repair or replacement. With regard to entrepreneurs, shipments sent carriage forward that have not been agreed may be rejected for organisational reasons.
13.6 Send-ins must be made completely, transport-safe and where possible in the original packaging or equally suitable packaging. The sender is liable for additional damage caused by inadequate packaging, insofar as they are responsible for the defective packaging.
13.7 Outside of a statutory warranty case and outside expressly agreed goodwill, technical inspections, fault diagnoses, cost estimates, maintenance and repairs are carried out exclusively against payment. For paid inspection and repair orders, the specific costs or a flat inspection fee are communicated before the order is placed.
13.8 Unless expressly designated as binding in writing, cost estimates are non-binding. Outside the warranty, the following items may, in particular, be charged:
inspection and diagnosis costs;
fault analysis and functional testing;
working time;
removal and installation;
cleaning effort;
material and spare parts costs;
battery inspection;
software, setting and calibration work;
packaging and shipping costs;
transport costs;
disposal and ancillary costs.
13.9 If, after a paid inspection or paid cost estimate, the customer does not place a repair order, the inspection, diagnosis, transport, packaging and return shipping costs incurred up to that point as agreed must in any case be paid. Paid repairs are only carried out after express release by the customer.
13.10 If a sent-in device is not collected within a reasonable period (at least 14 days) after a request for collection or rejection of a cost estimate, we are entitled to charge the storage and return shipping costs actually incurred and reasonable, after we have requested the customer to collect it and pointed this out.
13.11 Replaced parts become our property to the extent permitted by law. A paid repair does not establish a new guarantee for the overall product. Statutory warranty rights regarding the specific repair service rendered remain unaffected.
13.12 Unless expressly agreed in writing, inspections, warranty handling, goodwill services and repairs are carried out exclusively within our service process. Beyond the statutory claims, there is no entitlement to on-site service, immediate repair, loaner device, replacement device, compensation for loss of use or other substitute services. Statutory warranty and damages rights of consumers remain unaffected.
14. Liability
14.1 Our liability under mandatory law, in particular under the Product Liability Act, in cases of intent, gross negligence, malice, injury to life, body or health, and from mandatory consumer-protective warranty and damages provisions remains unaffected.
14.2 With regard to entrepreneurs, we are liable without limitation in cases of intent, gross negligence, malice, personal injury, under the Product Liability Act and in the case of guarantees. In the event of slight negligence, we are liable only for breach of essential contractual obligations, and then limited to the typically foreseeable, contract-typical damage, at most up to the amount of the order value. Otherwise, liability for slight negligence is excluded with regard to entrepreneurs, in particular for mere ancillary obligations, lost profit, pure financial losses, indirect damage, consequential damage, business interruption, data loss, consequential damage caused by defects, and damage from third-party claims.
14.3 With regard to consumers we are liable in accordance with statutory provisions. Without prejudice to liability under Section 14.1, liability for damage substantially attributable to improper use, non-compliance with operating and safety instructions, exceeding permissible loads, use on inadmissible or unsuitable surfaces, use of non-approved parts, unauthorised modifications, deficient maintenance, inadmissible battery handling or other damage-causing breaches of duty by the customer or third parties only exists if and insofar as we are at attributable fault.
14.4 Whether the GOOTER may be used on a specific golf facility, in a specific club, at a specific tournament, on specific private grounds or in a specific jurisdiction depends on the rules applicable there. Checking the local legal situation, course rules and operator rules is the user's responsibility. Unless we have expressly promised its usability, we give no guarantee for it; our statutory liability and mandatory warranty rights remain unaffected.
14.5 With regard to entrepreneurs, within the scope of Section 14.2, we are not liable for consequential costs or indirect disadvantages from non-usability or restricted usability of the GOOTER, in particular not for green fees, cart fees, tournament consequences, travel, transport or hotel costs, lost playing opportunities, loss of use, loss of earnings or third-party claims, unless we are at fault for intent or gross negligence.
14.6 With regard to entrepreneurs, the customer must indemnify us if third-party claims are based on improper use attributable to the customer, faulty communication of warnings, unauthorised modifications, inadmissible combination with third-party products or other breaches of duty attributable to the customer.
15. Cooperation in damage cases and safety incidents
15.1 Safety-relevant incidents, fires, smoke development, battery anomalies, personal injuries, property damage, collisions or other significant events related to the GOOTER must be reported to us in writing without undue delay.
15.2 In such cases, further use must be discontinued until clarification. The product must be secured in unchanged condition, insofar as this is reasonable and possible without danger, so that an inspection can be carried out.
15.3 At our reasonable request, the customer must provide us with the information and documents required to investigate the incident, to comply with statutory obligations, to carry out safety measures or to defend against unjustified claims.
16. Intellectual property, documents, software
16.1 We or our licensors hold the corresponding rights to images, descriptions, technical documents, user manuals, brands, logos and other content of the shop and product documents.
16.2 Without our express written consent, the following is in particular not permitted:
systematically copying or evaluating content of the shop;
reproducing or distributing brands, product designations, image material or documents;
manipulating any software, electronics or firmware.
17. Complaints and alternative dispute resolution
17.1 Please direct customer complaints to: office@2mountain-development.com.
17.2 We are not obliged and not willing to participate in dispute resolution proceedings before an alternative dispute resolution body, unless otherwise expressly stated in the individual case.
17.3 If no agreement can be reached in a specific dispute with a consumer, we will inform the consumer on a durable medium of the alternative dispute resolution body which may be competent and of whether we participate in a procedure.
18. Applicable law, place of jurisdiction
18.1 Austrian substantive law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
18.2 With regard to consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of their habitual residence.
18.3 For disputes with entrepreneurs, the court competent in subject matter and territory for the registered office of 2Mountain-Development GmbH (currently, depending on subject-matter jurisdiction, the District Court of Hallein or the Regional Court of Salzburg) has jurisdiction; we are also entitled to sue at the customer's registered office.
18.4 For consumers, the statutory places of jurisdiction apply.
19. Supplementary provisions for entrepreneurs
19.1 The provisions of this Section apply in addition to the other provisions of these GTC exclusively with regard to entrepreneurs (Section 1.3), for example golf clubs, golf facilities and commercial customers.
19.2 Entrepreneurs have no statutory right of withdrawal or return. Goods are taken back only with our express written consent.
19.3 Delivery times indicated are guide values for entrepreneurs unless a binding date has been expressly agreed. Default occurs after a reminder in text form and unsuccessful expiry of a reasonable grace period (as a rule 10 days). Claims for damages for delay exist only in accordance with Section 14.2.
19.4 Risk passes upon handover of the goods to the carrier, forwarder or other person designated to carry out the shipment (Section 7.2), even if we organise the transport or deliver carriage paid.
19.5 Section 377 UGB applies to the duty to inspect and give notice of defects; defects and transport damage must be reported in accordance with Section 7.5.
19.6 The warranty period is twelve months from handover (Section 13.3). In the case of defects we provide, at our option, repair or replacement, insofar as this is reasonable for the entrepreneur.
19.7 Section 14.2 applies to our liability towards entrepreneurs; Section 14.6 remains unaffected.
19.8 Until full payment of all claims arising from the business relationship, the goods remain our property (Section 8.2).
19.9 In the event of late payment, statutory default interest under Section 456 UGB applies with regard to entrepreneurs; set-off and retention are governed by Section 5.5.
19.10 For special conditions, rental models and key account agreements, the separately agreed written terms additionally apply; they take precedence over these GTC in case of conflict. Section 18.3 applies to disputes.
20. Final provisions
20.1 With regard to entrepreneurs, amendments or supplements to the contract require text form to be effective, unless mandatory law provides for a stricter or milder form. Individual contractual agreements take precedence.
20.2 Should individual provisions of these GTC be or become invalid, null and void or unenforceable in whole or in part, this does not affect the validity of the remaining provisions. The statutory regulation takes the place of the invalid provision.
WARRANTY, GUARANTEE AND SERVICE
The mandatory statutory warranty rights apply. A voluntary guarantee only exists if it is expressly and separately granted in writing in a stand-alone guarantee declaration in the individual case.
1. Brief overview
Warranty is required by law. With regard to consumers, it can in principle not be freely excluded or shortened.
A guarantee only exists if an express guarantee declaration has been given. Without a separate guarantee declaration, there is no voluntary guarantee.
Normal, age- and usage-related capacity loss of batteries and customary wear do not in themselves constitute a defect. This does not restrict the statutory warranty rights; if the battery capacity declines faster than would be expected for comparable batteries under intended use, a defect may exist.
2. Key information on the warranty
The statutory warranty requires that a defect was already present at handover or that its cause was already present at handover. In favour of consumers, the statutory presumption applies that a defect appearing within one year of handover was already present at handover.
There is in particular no warranty case in the case of normal wear, customary use, cosmetic signs of use without significant impairment of function, and capacity loss of the battery due to age, use, temperature or charging cycles.
There is furthermore no warranty case in the case of damage caused by improper use, operating errors, overloading, falls, impact, collision, transport after handover, improper storage, frost, heat, moisture, rain, water, corrosion, dirt, deficient cleaning or deficient care.
Damage caused by the use of unsuitable or non-approved chargers, batteries, accessories, spare parts, modifications or software/electronic interventions, as well as by unauthorised repair attempts or manipulations, is also not covered by the statutory warranty, unless there is a defect already present at handover.
3. Statutory warranty period
For movable goods, the statutory warranty period with regard to consumers is in principle two years from handover. The mandatory statutory provisions remain decisive.
4. Guarantee
A voluntary guarantee only exists if we or a manufacturer expressly and separately grant it in writing in a stand-alone guarantee declaration.
Information about service, repair, maintenance, support, spare parts availability, goodwill or technical assistance does not in itself constitute a guarantee, durability guarantee or quality guarantee.
5. Service and repair cases
Defects, malfunctions, safety anomalies or service requests must be reported as soon as possible to support@gooter-golf.com.
Where possible, the report should contain the following:
name and address
order number or proof of purchase
purchase date
serial number
fault description as accurate as possible
meaningful photos or videos
photos of the overall condition of the device and the affected component
Before sending in any unit, contact us. We will inform you of the next steps, the service address and, if necessary, the conditions for sending it in, and on request we will arrange collection through our freight forwarder.
In a statutory warranty case, we bear the transport costs necessary for repair or replacement.
6. Send-in and packaging
Send-ins must be made completely, transport-safe and where possible in the original packaging or equally suitable packaging. The sender is liable for additional damage caused by inadequate packaging, insofar as they are responsible for the defective packaging.
With regard to entrepreneurs, shipments sent carriage forward that have not been agreed may be rejected for organisational reasons.
7. Paid inspections outside the warranty
Outside of a statutory warranty case and outside expressly agreed goodwill, technical inspections, fault diagnoses, cost estimates, maintenance and repairs are carried out exclusively against payment.
For paid inspection and repair orders, the specific costs or a flat inspection fee are communicated before the order is placed.
Unless expressly designated as binding in writing, cost estimates are non-binding.
LIABILITY AND IMPORTANT USAGE NOTES
The GOOTER is an electrically powered golf and transport device for use on suitable surfaces. The GOOTER is not a road vehicle, not a vehicle approved for public road traffic and not a medical device.
These notes supplement Sections 9, 10 and 14 of the GTC. Section 14 alone applies to our liability; statutory rights, in particular warranty and product liability, remain unaffected.
1. Use at the user's responsibility
Use of the GOOTER is the responsibility of the user, who must observe the following obligations. Our statutory liability remains unaffected.
The buyer and every further user are obliged to check the device fully for a safe, functional and proper condition before first use and before every further use. This includes, in particular, brakes, wheels, tyres, handlebars, locks, folding mechanism, fastenings, plug connections, battery seat, charge status, as well as visible damage, loosening, material fatigue or other anomalies.
In case of unusual noises, error messages, instability, material fatigue, damage, performance loss, brake problems, smoke development, excessive heating or other safety-relevant anomalies, use must be discontinued immediately.
2. Admissibility of use
Whether and to what extent the GOOTER may be used on a specific golf course, in a club, at a tournament, on private grounds or in a specific region depends exclusively on the respective applicable course rules, operator rules, house rules, regulatory requirements and other local regulations.
Unless we have expressly promised this, we give no guarantee that the GOOTER is permissible on every golf facility or at every place of use.
3. Inadmissible or hazardous use
The following is in particular not permitted:
• Use in public road traffic
• Use under the influence of alcohol, drugs or medication
• Use by several persons
• Carrying persons or animals
• Exceeding the permissible load
• Use on unsuitable or dangerous ground
• Riding over steps, kerbs or obstacles
• Use with recognisable defects
• Unauthorised technical modifications
4. Battery, charger and fire risks
The GOOTER uses a lithium battery.
Lithium batteries can cause fire, explosion or injury risks if handled improperly.
Only approved batteries and chargers may be used.
The battery may only be charged and stored in a dry, well-ventilated environment, away from heat sources.
Charging is carried out in compliance with the charging instructions and at the user's responsibility.
Damaged or anomalous batteries must not be used.
5. Maintenance and continuous monitoring
The device is subject to wear and potential material fatigue.
The user is obliged to carry out regular checks and maintenance and to take the device out of service in case of anomalies.
6. Liability for misuse
For damage caused by improper use, in particular in the case of:
• Accidents or falls
• Damage to third parties or property
• Use despite a ban
• Consequential costs (e.g. travel, tournaments)
• Improper battery handling
we are liable, unless liability exists under mandatory provisions (in particular product liability, injury to life, body or health, intent, gross negligence), only insofar as attributable fault exists.
7. Mandatory statutory liability
Liability under mandatory statutory provisions remains unaffected, in particular:
• Product liability
• Intent and gross negligence
• Personal injury
8. No use as a means of traffic or transportation
The GOOTER is intended exclusively for golf facilities and private grounds.
Use in public spaces is not as intended.
9. No supervision
After handover, no monitoring or control is carried out by us.
The responsibility for safe use lies with the user; our statutory liability remains unaffected.
10. Insurance
There is no insurance cover via us.
The user is responsible for adequate cover.
11. No suitability guarantee
Beyond the product description and the statutory requirements for conformity, we give no guarantee of a specific suitability or fitness for use, for example on a particular golf facility.
12. Transport and dangerous goods
When transporting the battery, statutory dangerous goods regulations must be complied with.
We are liable for damage resulting from violations of these regulations by the customer only insofar as we are at attributable fault.
SAFETY AND USAGE INSTRUCTIONS
IMPORTANT – PLEASE READ BEFORE USE
Please observe the following when using the GOOTER:
1. Personal responsibility
You use the device on your own responsibility.
2. Safety check
You check the device before each use for:
• Brake function
• Tight fit of all parts
• Battery condition
• Visible damage
3. Safe use
You use the GOOTER exclusively:
• On suitable surfaces
• Without alcohol or drugs
• Alone (no passengers)
• Within the technical limits
4. Battery safety
You observe:
• Use only original chargers
• Charge only in safe environments
• Do not leave battery unattended while charging
• Do not use damaged batteries
5. Use only where permitted
You check yourself whether use is permitted on the respective facility.
6. No road traffic
Use in public road traffic is not permitted.
7. Maintenance obligation
You carry out regular checks and maintenance.
8. Responsibility of the user
You are responsible for the intended and safe use of the device and for compliance with the applicable regulations. Our statutory liability remains unaffected.
9. Note
We ask you to read, understand and comply with all notes before first use.
