General Terms and Conditions
§1 Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of ST Tech GmbH (hereinafter "Seller") apply to all contracts for the supply of goods and the provision of services (for example service, repair and set-up work on suspension components) which a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller in respect of the goods and services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any person for whom the legal transaction does not form part of the operation of their business (§ 1(1)(2) Austrian Consumer Protection Act, KSchG). Transactions which a person carries out before commencing the operation of their business in order to create the conditions for it do not yet form part of that operation (§ 1(3) KSchG).
1.3 An entrepreneur within the meaning of these GTC is any person for whom the legal transaction forms part of the operation of their business. A business is any organisation of independent economic activity that is intended to be permanent, even if it is not aimed at making a profit (§ 1(1)(1) and (2) KSchG).
§2 Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the goods contained in the shopping basket by clicking the button which concludes the ordering process. The Customer may also submit the offer to the Seller by telephone or by e-mail.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (e-mail), in which case receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
- by requesting the Customer to make payment after the Customer has placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time at which the first of the aforementioned alternatives occurs. The period for accepting the offer begins to run on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 Payment processing in the online shop is carried out by the payment service provider Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. Which payment methods are available in detail – for example credit card, PayPal, eps bank transfer, Klarna or digital wallets – is shown to the Customer during the ordering process before the order is placed. If the Customer pays by means of a payment method selectable in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button which concludes the ordering process.
2.5 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. e-mail) after the Customer has sent their order. The Seller does not make the text of the contract accessible beyond this. A customer account is not required in order to place an order and is not offered in the Seller's online shop.
2.6 Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the magnification function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button which concludes the ordering process.
2.7 Order processing and contact generally take place by e-mail and by automated order processing. The Customer must ensure that the e-mail address provided by them for order processing is correct, so that the e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.
§3 Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy (instructions on the right of withdrawal).
3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of any Member State of the European Union and whose sole place of residence and delivery address at the time the contract is concluded are outside the European Union.
§4 Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include statutory VAT. Shipping costs are not included; they are shown separately to the Customer at checkout before the order is placed. If the order contains goods, one of the following flat shipping rates applies per order:
- delivery to Austria: EUR 10.00
- delivery to Germany, Czechia, Italy, Slovenia, Hungary, Slovakia, France, the Netherlands and Belgium: EUR 20.00
- delivery to the other Member States of the European Union: EUR 30.00
- delivery to Switzerland: EUR 49.00
- collection from the Seller: free of charge
No flat shipping rate is charged for services (for example a fork or shock absorber service). For transporting the parts to the Seller and back, the Customer may select the chargeable option "3-way shipping" on the respective service product; its price is stated with the option and is included in the price of the respective item. The amount shown at checkout before the order is placed is decisive in each case.
4.2 In the case of deliveries to countries outside the European Union, further costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.
4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If the payment method "PayPal" is selected, the payment is forwarded via the payment service provider Stripe to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of PayPal apply in addition and can be viewed at https://www.paypal.com/at/legalhub/useragreement-full. The Seller itself does not offer purchase on account or payment by instalments and does not carry out any credit check on the Customer. If the payment service Klarna offers deferred payment or payment by instalments during the ordering process, this is granted by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, under its own terms; Klarna may carry out a credit check for this purpose.
4.6 Payment processing is handled by Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. The Customer's payment data – for example card number or the access data of a payment service – are entered and processed exclusively at Stripe; the Seller does not receive this data at any time. Further information on the processing by Stripe can be found in the Seller's privacy policy as well as in Stripe's privacy policy at https://stripe.com/at/privacy.
§5 Delivery and Shipping Terms
5.1 If the Seller offers the shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery area comprises the countries available for selection at checkout. When the transaction is processed, the delivery address stated in the Seller's order processing shall be decisive.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the costs of outbound shipping if the Customer effectively exercises their right of withdrawal. As regards the costs of returning the goods, where the Customer effectively exercises the right of withdrawal, the provision made in this respect in the Seller's withdrawal instructions shall apply.
5.3 If the Customer acts as an Entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer as soon as the Seller has handed the item over to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a Consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle pass only upon handover of the goods to the Customer or to a person authorised to receive them. By way of derogation from this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer in the case of Consumers as well as soon as the Seller has handed the item over to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named that person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to itself. This shall apply only in the event that the failure to deliver is not attributable to the Seller and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer shall be informed without undue delay and the consideration shall be refunded without undue delay.
5.5 If the Seller offers the goods for collection, the Customer may collect the ordered goods during the business hours specified by the Seller at the address specified by the Seller. In this case, no shipping costs shall be charged.
§6 Retention of Title
If the Seller performs in advance, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.
§7 Liability for Defects (Warranty)
7.1 The statutory provisions on warranty (Gewährleistung) apply. If the Customer acts as a Consumer, these are in particular the Austrian Consumer Warranty Act (Verbrauchergewährleistungsgesetz, VGG) and §§ 922 et seq. of the Austrian Civil Code (ABGB); the warranty period is two years from handover, and the Consumer's warranty rights can be neither excluded nor restricted before the defect becomes known (§ 3 VGG, § 9 KSchG). In addition, the following applies:
7.2 If the Customer acts as an Entrepreneur,
- the Seller shall have the choice between repair and replacement;
- in the case of new goods, the warranty period shall be one year from handover of the goods;
- in the case of used goods, the warranty shall be excluded;
- the warranty period shall not begin anew if a replacement is made within the scope of the warranty.
7.3 If the Customer acts as a Consumer, the warranty period for used goods can only be shortened to one year from handover if this has been individually negotiated with the Customer (§ 10 VGG). These GTC alone do not bring about any such shortening.
7.4 The limitations and shortenings of periods set out above for Entrepreneurs shall not apply
- to claims of the Customer for damages or for reimbursement of expenses,
- in the event that the Seller has fraudulently concealed the defect,
- to goods which, in accordance with their customary use, have been used for a building and have caused its defectiveness,
- to any obligation of the Seller that may exist to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.
7.5 In addition, for Entrepreneurs the statutory periods for any statutory right of recourse that may exist (§ 933b ABGB) shall remain unaffected.
7.6 If the purchase is a business-related transaction for both parties, the Customer is subject to the duty to examine the goods and give notice of defects under § 377 of the Austrian Business Code (UGB): the Customer must notify the Seller within a reasonable period of any defects in the goods which the Customer discovered, or should have discovered, by examination in the ordinary course of business after delivery. If the Customer fails to give such notice, the Customer can no longer assert claims under the warranty, for damages on account of the defect itself or on the basis of a mistake as to the absence of defects (§ 377(2) UGB).
7.7 If the Customer acts as a Consumer, they are requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this shall have no effect whatsoever on their statutory or contractual claims in respect of defects.
7.8 Shock absorber seals (fork and shock absorber radial shaft seals) are wear parts. Seals fitted by the Seller are subject to the statutory warranty: the Seller is responsible for ensuring that they are free from defects and have been fitted properly at the time of handover. Use off-road or in wet conditions is intended use and does not exclude the warranty. There is, however, no defect if a seal only begins to leak after handover as a result of ordinary wear and tear – depending on the load, for example from dirt, mud, dust or wet conditions, this can happen after a comparatively short time – or if the leak is due to improper use, external damage (for example from stone impact), failure to clean or maintain the component, or interference by third parties. The statutory rules on the burden of proof, in particular the presumption that a defect which becomes apparent soon after handover already existed at handover (§ 11 VGG, § 924 ABGB), remain unaffected.
§8 Special Conditions for the Processing of Goods in Accordance with Specific Customer Requirements
8.1 If, under the terms of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods in accordance with specific requirements of the Customer, the Customer shall provide the Seller with all content required for such processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller the rights of use required for this purpose. The Customer alone shall be responsible for procuring such content and acquiring the rights thereto. The Customer declares and assumes responsibility for holding the right to use the content provided to the Seller. In particular, the Customer shall ensure that no third-party rights are infringed thereby, in particular copyrights, trade mark rights and personality rights.
8.2 The Customer shall indemnify the Seller against claims which third parties may assert against the Seller in connection with an infringement of their rights through the Seller's use of the Customer's content in accordance with the contract. In this context, the Customer shall also bear the necessary costs of legal defence, including all court and lawyers' fees at the statutory rates. This shall not apply where the Customer is not responsible for the infringement of rights. In the event of claims being brought by third parties, the Customer shall be obliged to provide the Seller without undue delay, truthfully and in full with all information required for the examination of the claims and for a defence.
8.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose infringes statutory or official prohibitions or public morals. This shall apply in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.
§9 Special Conditions for Assembly/Installation Work
Where, under the terms of the contract, the Seller owes not only the delivery of the goods but also their assembly or installation at the Customer's premises as well as any related preparatory measures (e.g. taking measurements), the following shall apply:
9.1 The Seller shall render its services, at its own discretion, either in person or through qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless the Seller's service description provides otherwise, the Customer shall not be entitled to have a particular person carry out the service requested.
9.2 The Customer shall provide the Seller, completely and truthfully, with the information required for the performance of the service owed, unless obtaining such information falls within the Seller's scope of obligations under the terms of the contract.
9.3 After conclusion of the contract, the Seller shall contact the Customer in order to arrange an appointment for the service owed. The Customer shall ensure that the Seller, or the personnel engaged by the Seller, has access to the relevant premises of the Customer on the agreed date.
9.4 The risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer only upon completion of the assembly work and handover to the Customer.
§10 Special Conditions for Repair and Adjustment Work
Where, under the terms of the contract, the Seller owes the repair of an item belonging to the Customer, the following shall apply:
10.1 Repair and adjustment work is carried out at the Seller's place of business.
10.2 The Seller shall render its services, at its own discretion, either in person or through qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless the Seller's service description provides otherwise, the Customer shall not be entitled to have a particular person carry out the service requested.
10.3 The Customer shall provide the Seller with all information required for the repair or adjustment of the item, unless obtaining such information falls within the Seller's scope of obligations under the terms of the contract. In particular, the Customer shall supply the Seller with a comprehensive description of the fault and inform the Seller of all circumstances that may have caused the fault identified.
10.4 Unless otherwise agreed, the Customer shall send the item to be repaired or adjusted to the Seller's place of business at the Customer's own cost and risk. The Seller recommends that the Customer take out transport insurance for this purpose. The Seller further recommends that the Customer send the item in suitable transport packaging in order to reduce the risk of damage in transit and to conceal the contents of the packaging. The Seller shall inform the Customer without undue delay of any obvious transport damage so that the Customer can assert any rights it may have against the carrier.
10.5 The item is returned at the Customer's expense. If the Customer acts as an Entrepreneur, the risk of accidental loss and accidental deterioration of the item shall pass to the Customer upon handover of the item to a suitable carrier at the Seller's place of business. If the Customer acts as a Consumer, this risk shall pass to the Customer only once the item has been delivered to the Customer or to a third party designated by the Customer other than the carrier; if the Customer has concluded the contract of carriage themselves without using an option proposed by the Seller, the risk shall pass as soon as the item is handed over to the carrier (§ 7b KSchG). At the Customer's request, the Seller will take out transport insurance for the item.
10.6 The Customer may also bring the item to be repaired or adjusted to the Seller's place of business and collect it again in person, where this follows from the Seller's service description or where the parties have reached a corresponding agreement to that effect. In this case, the above provisions on the bearing of costs and risk for dispatch and return dispatch of the item shall apply accordingly.
10.7 The above provisions do not limit the Customer's statutory warranty rights where goods are purchased from the Seller.
10.8 The Seller shall be liable for defects in the repair work performed in accordance with the provisions on the statutory warranty.
§11 Applicable Law
11.1 All legal relations between the parties shall be governed by Austrian law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In the case of Consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the State in which the Consumer has their habitual residence is not thereby withdrawn.
11.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to Consumers who, at the time of conclusion of the contract, are not nationals of a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are located outside the European Union.
§12 Place of Jurisdiction
Where the Customer acts as an Entrepreneur, the court having subject-matter jurisdiction for the Seller's place of business shall have exclusive jurisdiction for all disputes arising out of this contract; this also applies if the Customer has its registered office outside Austria. In these cases, however, the Seller shall also be entitled to bring proceedings before the court at the Customer's registered office. For Consumers, the statutory places of jurisdiction apply; in particular, the Seller may bring proceedings against a Consumer only at the Consumer's place of residence, habitual residence or place of employment, or in the Consumer's State of domicile (§ 14 KSchG, Art. 18 Brussels Ia Regulation).
§13 Alternative Dispute Resolution
13.1 The European Commission discontinued its online dispute resolution platform (ODR platform) with effect from 20 July 2025. A reference to that platform is therefore no longer included.
13.2 The seller is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration body. Irrespective of this, consumers may contact the Internet Ombudsstelle free of charge: https://www.ombudsstelle.at
§14 Proper Use and Liability
14.1 The customer, or the person who uses the repaired or adjusted items, must ensure that they are used properly.
14.2 These items must not be used in the following circumstances: under the influence of alcohol, medication or other intoxicating substances which may impair reaction times, or in an overtired condition. When riding on a race track or training track, the rider must not exceed their own physical abilities. On the first ride after a service has been performed by ST Tech GmbH, riding must begin at low speed; the pace may then be increased gradually.
14.3 In the case of set-up services, the settings are adapted to the rider's body weight and to their "riding ability" or "riding pace". If the weight, the "riding ability" or the "riding pace" changes, the settings may no longer be suitable. In such circumstances, increased caution and slow riding are required.
14.4 Off-road vehicles should only be used in areas or on tracks designated for that purpose.
14.5 The instructions in clauses 14.1 to 14.4 serve safety purposes; they do not restrict the Customer's statutory warranty claims or claims for damages. The Seller is not liable for damage that results solely from a failure to observe these instructions and is not attributable to fault on the part of the Seller or to a defect in its performance. If the injured party is contributorily at fault, the damage is apportioned in accordance with § 1304 ABGB.
14.6 The Seller is liable without limitation for damage caused intentionally or through gross negligence by the Seller or by a person for whom it is responsible, for damage resulting from injury to life, body or health, and under the Austrian Product Liability Act (Produkthaftungsgesetz).
14.7 If the Customer acts as a Consumer, the Seller is otherwise liable in accordance with the statutory provisions; no further limitation of its liability applies.
14.8 If the Customer acts as an Entrepreneur, the Seller's liability for property damage and financial loss caused by slight negligence is excluded. Clause 14.6 remains unaffected.