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. We do not warrant or commit 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 data, performance values, ranges, gradeabilities, charging times, weights, speeds, usage durations, dimensions and similar information are – unless expressly designated as guaranteed – mere reference values. They depend in particular on user weight, load, terrain, slope, ground conditions, tyre pressure, temperature, weather, battery condition, riding style, maintenance condition and usage intensity.
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 clicking the "order with obligation to pay" button, 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 by an order confirmation in text form or dispatch the goods. 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.
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.
6. Delivery, availability, delivery times
6.1 Delivery is made to the delivery address provided by the customer within the delivery period stated by us on the product page, at checkout or in the order confirmation.
6.2 Unless a fixed date has been expressly agreed in writing, indicated delivery periods and delivery windows are not fixed transactions. For GOOTER products, deliveries may be made from stock, in pre-sale or related to batches.
6.3 Deliveries may in particular be postponed 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 for which we are not responsible.
6.4 As long as a delay is reasonable and no expressly agreed fixed date exists, the mere expiry of an announced delivery window does not automatically entitle the customer to withdrawal or claims for damages. Statutory rights of consumers, in particular after setting a reasonable grace period, remain unaffected.
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 covering transaction, or should delivery become impossible for reasons we are not responsible for, we are entitled to withdraw from the contract. Payments already received will in that case be reimbursed without undue delay.
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.
7.4 If delivery fails for reasons attributable to the customer or if the customer does not accept delivery in time, we are entitled, to the extent permitted by law, to charge the additional costs incurred, in particular return shipping costs, storage costs, renewed shipping costs and reasonable handling costs.
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.
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 resulting from the use of non-approved components are not at our expense, unless we are at attributable fault.
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.
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 are at the customer's expense.
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, which forms an integral part of the contract.
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.
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. There is no warranty case in particular in the case of:
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, 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;
removed, damaged, covered or illegible serial numbers or safety markings, insofar as this significantly hinders traceability or defect inspection.
13.3 With regard to entrepreneurs, the following applies additionally:
the warranty period is twelve months from handover;
Section 377 UGB (Austrian Commercial Code) applies;
recourse claims under Section 933b ABGB are excluded to the extent permitted by law.
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. Unpaid shipments may be rejected for organisational reasons. In a statutory warranty case, we reimburse necessary and previously coordinated return shipping costs to the extent legally required.
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 after a request for collection or rejection of a cost estimate, we are entitled to charge reasonable storage, return shipping and administrative costs, provided this was communicated in the individual case in advance.
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. There is no entitlement to on-site service, immediate repair, loaner device, replacement device, compensation for loss of use or other substitute services.
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 – except for personal injury – only for intent and gross negligence. In the event of slightly negligent breach of essential contractual obligations, our liability is limited to the typically foreseeable, contract-typical damage. Liability for slight negligence regarding mere ancillary obligations, for lost profit, pure financial losses, indirect damage, consequential damage, business interruption, data loss, consequential damage caused by defects, and damage from third-party claims is excluded with regard to entrepreneurs to the extent permitted by law.
14.3 With regard to consumers we are liable in accordance with statutory provisions. 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 insofar as we are at attributable fault.
14.4 We give no warranty and accept no liability that the GOOTER is permitted or usable on a specific golf facility, in a specific club, at a specific tournament, on specific private grounds or in a specific jurisdiction. Checking the local legal situation, course rules and operator rules is the user's responsibility.
14.5 Insofar as legally permissible, 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 or mandatory consumer law provides otherwise.
14.6 With regard to entrepreneurs, the customer must indemnify us to the extent permitted by law 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 originating from the customer's sphere.
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 in Salzburg shall have exclusive jurisdiction.
18.4 For consumers, the statutory places of jurisdiction apply.
19. Final provisions
19.1 Amendments or supplements to the contract require text form to be effective, unless mandatory law provides for a stricter or milder form.
19.2 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.
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.
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, 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.
In a statutory warranty case, we reimburse necessary and previously coordinated return shipping costs to the extent legally required.
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.
Unpaid shipments 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.
DISCLAIMER 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.
1. Use at own responsibility
Use of the GOOTER is exclusively at the user's own responsibility.
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.
We do not warrant 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 exclusively at the user's own 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 only liable insofar as legally 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 lies entirely with the user.
10. Insurance
There is no insurance cover via us.
The user is responsible for adequate cover.
11. No suitability guarantee
We do not guarantee a specific suitability or fitness for use.
12. Transport and dangerous goods
When transporting the battery, statutory dangerous goods regulations must be complied with.
We accept no liability for violations or damage resulting therefrom.
SAFETY AND USAGE INSTRUCTIONS
IMPORTANT – PLEASE READ BEFORE USE
By using the GOOTER you confirm:
1. Personal responsibility
You use the device at 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. Assumption of liability
You assume responsibility for:
• Use
• Damage
• Compliance with all regulations
9. Confirmation
By using or commissioning the device, you confirm that you:
• have read all notes
• have understood them
• comply with them
