General terms and conditions of nordfishing77 GmbH.
I. Validity of the general terms and conditions
These general terms and conditions (hereinafter referred to as "GTC") apply to all contracts concluded between nordfishing77 GmbH via the online shop www.nordfishing77.at. and customers to be completed. I agree that nordfishing77 GmbH. to the e-mail address I have given me to send messages about order processing.
II. Recognition of the terms and conditions
The customer accepts these terms and conditions and agrees to them as soon as he places an order.
III. Defense clause
The inclusion of general terms and conditions or contractual conditions of the customer that deviate from these terms and conditions will be rejected, unless these are approved by nordfishing77 GmbH. expressly recognized.
IV. Conclusion of the contract
- Website of nordfishing77 GmbH on the website www.nordfishing77.at
The product presentation on the website does not constitute an offer in the legal sense. It is an invitation to the customer himself Submit offer. The customer submits the offer in the legal sense by placing the order.
- Order process
In the overview of the range of the online shop www.nordfishing77.at, the customer can order the goods he / she wants by clicking on the button Select "add to shopping cart". The selected goods are temporarily stored in the shopping cart during the customer's visit to the website www.nordfishing77.at. The ordering process is continued by clicking the “Checkout” button next to the goods listed in the shopping cart. On the following page, the customer is asked to log in to the online shop, if he already has an account, or to register again. The customer then selects the delivery location he has chosen and the payment method he wishes to use and enters the data required for the execution of the payment. When choosing external payment services such as PayPal, the customer is redirected to the external website of the respective payment service provider. Before the order is submitted, the data relevant to the order are summarized in an "order overview". The customer is free to check his details in the order overview again and, if necessary, to correct them, before sending his order to nordfishing77 GmbH by clicking on the "Order with obligation to pay" button. sent. By clicking on the "Order with obligation to pay" button, the customer submits a binding purchase offer for the goods he has selected.
- Order confirmation
Nordfishing77 GmbH. sends a notification e-mail to the e-mail address provided by the customer after receipt of the order, in which the receipt of the order is confirmed and its content is reproduced (hereinafter referred to as "order confirmation"). The order confirmation does not constitute acceptance of the customer's purchase offer by nordfishing77 GmbH. The acceptance of the offer by nordfishing77 GmbH. takes place expressly in a separate email. If nordfishing77 GmbH. refuses to conclude the contract, the customer will be informed immediately by email.
V. Storage of the contract text
The text of the contract, i.e. the customer's information on the order process, is provided by nordfishing77 GmbH. and can be viewed by the customer under the link “My Account” à “My Orders”. Nordfishing77 GmbH broadcasts independently of this. those under IV.3. order confirmation described and these terms and conditions to the e-mail address provided by the customer.
VI. Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us nordfishing77 GmbH. , Wirtschaftsstrasse 7, 2201 Hagenbrunn, Austria, Tel. +43 (0) 2246 20 510 47, Fax. + 43 (0) 2246 20 510 33, email@example.com by means of a clear declaration (for example a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the cancellation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you revoke this contract, we have to repay all payments we have received from you, excluding the final delivery costs, immediately and at the latest within fourteen days from the date on which we received the notification of your revocation of this contract is. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back.
You have to return or hand over the goods including the gift immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling you that is not necessary to check the nature, properties and functionality of the goods.
End of the cancellation policy
- All prices are total prices; they contain the packaging costs as well as the statutory sales tax (value added tax). There are only shipping and payment fees (there are no payment fees when paying in advance).
- Price errors reserved. If the correct price is higher, the customer will be contacted; In this case, a contract is only concluded if the customer wants to buy at the actual price.
- Shipping costs are not included in the price; they are also incurred.
VIII. Shipping costs
Shipping costs are incurred for delivery, these can be found in the shipping information. The applicable sales tax is included in the shipping costs.
IX. Terms of delivery
- Unless otherwise agreed, delivery will be made to the address specified by the customer.
- The delivery time can be found in the shipping information. When paying in advance, the delivery period begins one working day after receipt of the amount on the bank account of nordfishing77 GmbH. In other cases, the delivery period begins one working day after receipt of the order.
- If the goods are damaged during transport, the customer must immediately report the damage to the transport company and claim the damage there.
- The nordfishing77 GmbH. bears no responsibility in the event of delivery obstacles in the area of suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which nordfishing77 GmbH. are not represented, is nordfishing77 GmbH. entitled to withdraw from the contract in whole or in part. nordfishing77 GmbH. will inform the customer about this immediately. Claims for damages are excluded in this case. The customer will be informed of existing delivery restrictions before the start of the order process.
X. Due date and retention of title
- The purchase price is due before delivery of the goods at the latest.
- The delivered goods remain the property of nordfishing77 GmbH until they have been paid for in full.
XI. Terms of payment
- nordfishing77 GmbH. accepts the following payment methods: prepayment, instant transfer, PayPal, credit card (Visa, Mastercard, American Express).
- When paying in advance, the customer transfers the invoice amount to the account of nordfishing77 GmbH within 7 days of the conclusion of the contract. The dispatch takes place only after receipt of payment.
- The statutory default regulations apply. Reminder costs can be claimed from the second reminder.
- Only the invoice is required for making use of the guarantee. There are no guarantee cards of their own. The guarantee period begins from the date of the invoice and is 6 months. In the event of a guarantee, the costs of incurring the costs (shipping costs for return shipping) will be reimbursed by the manufacturer or dealer.
- The warranty period begins from the 7th to the 24th month after the invoice date. In the case of a warranty claim, the costs of incurring the costs (shipping costs for the return shipment) are not taken over and must be paid by the buyer himself.
The warranty is excluded in the case of defects caused by the customer. This is particularly the case with improper handling, incorrect operation or unauthorized repair attempts.
- In the case of the delivery of used goods, the warranty claims expire in one year.
- The shortened limitation period does not apply to claims for damages by the customer due to injury to life, limb, health or other damage resulting from a grossly negligent breach of duty by nordfishing77 GmbH. or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of nordfishing77 GmbH. are based. The shortened limitation period also does not apply to claims for damages due to the negligent or willful breach of essential contractual obligations. Essential contractual obligations are obligations, the fulfillment of which enables the proper execution of the contract in the first place and which the customer can regularly rely on.
- If the delivered items have obvious material or manufacturing defects (including transport damage), we ask the customer to notify us immediately.
- Insofar as a manufacturer's guarantee exists in writing, the customer must assert the claims arising from this directly against the manufacturer. The liability of nordfishing77 GmbH. is excluded from the guarantee.
- Claims for damages by the customer against nordfishing77 GmbH. are excluded as far as nordfishing77 GmbH. or their vicarious agents have not acted willfully or with gross negligence.
- Liability due to damage to life, body and health, due to negligent or willful breach of essential contractual obligations or to the extent that liability is mandatory under the Product Liability Act or due to negligence when the contract is concluded or due to other breaches of duty or tortious claims for compensation for property damage remains unaffected. Essential contractual obligations are obligations, the fulfillment of which enables the proper execution of the contract in the first place and which the customer can regularly rely on.
- Nordfishing77 GmbH points out that the product images shown in the online shop may differ from the actual presentation of the products (symbol images). Slight visual deviations do not represent a defect.
Right of set-off, right of retention
- The customer is not entitled to offset against our claims unless the customer's counterclaims have been legally established or are undisputed.
- The customer may only exercise a right of retention if his counterclaim is based on the same sales contract.
XVI. Data protection
Provisions on data protection are contained in the data protection declaration.
The nordfishing77 GmbH. has copyrights to all images, films and texts published on the www.nordfishing77.at website. Use of the images, films and texts is not permitted without the express consent of nordfishing77 GmbH. not allowed.
XVII. Applicable law
The law of the Federal Republic of Austria applies to the exclusion of the UN sales law.
XVIII. Place of jurisdiction
In the event of disputes arising from contracts concluded under the validity of these terms and conditions, the Austrian courts are responsible for complaints by customers. (In Germany, the Austrian court or courts of the place where the customer is domiciled is responsible.) For actions by nordfishing77 GmbH. Austrian courts are responsible. After the dispute has arisen, the parties are free to agree on a place of jurisdiction in Austria or the customer's place of residence.
XIX. Changes to the general terms and conditions / right to make changes
We are entitled to unilaterally change these general terms and conditions, insofar as this is necessary to remove equivalence disruptions that subsequently arise or to adapt to changed legal or technical framework conditions. We will inform the customer of a change by sending the content of the changed regulations to the last known e-mail address of the customer. The change becomes part of the contract if the customer does not object to the inclusion in the contractual relationship in writing or in text form within six weeks after receipt of the notification of change.
XX. Severability clause
If a provision of these general terms and conditions should be ineffective, the validity of the remaining provisions will not be affected.