Conditions

General Terms and Conditions (GTC) of nordfishing77 GmbH

I. Scope of the General Terms and Conditions

These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded via the online shop www.nordfishing77.at between nordfishing77 GmbH and customers. I agree that nordfishing77 GmbH may send messages relating to order processing to the email address provided by me.

II. Acceptance of the GTC

The customer acknowledges and agrees to these GTC as soon as an order is placed. An order cannot be placed without such acceptance. By accepting the GTC, the customer is bound by the provisions contained herein.

III. Exclusion of Customer Terms

The inclusion of any general terms and conditions or contractual terms of the customer that deviate from these GTC is rejected unless they are expressly accepted by nordfishing77 GmbH.

IV. Conclusion of the Contract

Online presence of nordfishing77 GmbH on the website www.nordfishing77.at The presentation of products on the website does not constitute a legally binding offer. It is an invitation to the customer to submit an offer. The customer submits the legally binding offer by placing the order.
Ordering process When browsing the range of products in the online shop www.nordfishing77.at, the customer can select the desired product(s) by clicking the “Add to basket” button. The selected products are temporarily stored in the basket during the customer’s visit to the website www.nordfishing77.at. By clicking the “Checkout” button next to the products listed in the basket, the ordering process continues. On the following page, the customer is asked to log in to the online shop if an account already exists, or to register. The customer then selects the desired delivery location and payment method and enters the information required to process the payment. If external payment services such as PayPal are selected, the customer is redirected to the external website of the respective payment service provider. Before the order is submitted, the information relevant to the order is summarised in an “Order overview”. The customer may review and, if necessary, correct the information in the order overview before submitting the order to nordfishing77 GmbH by clicking the “Order with obligation to pay” button. By clicking the “Order with obligation to pay” button, the customer submits a binding offer to purchase the selected goods.
Order confirmation After receipt of the order, nordfishing77 GmbH sends a notification email to the email address provided by the customer confirming receipt of the order and reproducing its content (hereinafter referred to as the “Order confirmation”). The order confirmation does not constitute acceptance of the customer’s offer to purchase by nordfishing77 GmbH. Acceptance of the offer by nordfishing77 GmbH takes place expressly in a separate email. If nordfishing77 GmbH rejects the conclusion of the contract, the customer will be informed without undue delay, but no later than within 30 working days, by email or telephone.
Unavailability of an item If an item is unavailable, we reserve the right to cancel the order. The customer will be informed without undue delay and any payments already made will be refunded promptly, but no later than within 14 days.
Payment confirmation After the order confirmation, the customer receives a payment confirmation clearly stating that payment has been received. Depending on the payment method selected, the payment confirmation may take between 10 minutes and 5 working days to arrive.
Payment in advance (bank transfer) When paying in advance, the customer undertakes to transfer the invoice amount to the account of nordfishing77 GmbH within 5 days after conclusion of the contract. If no payment is received within 2 working days after the order confirmation, nordfishing77 GmbH reserves the right to cancel the order without stating reasons.

V. Storage of the Contract Text

The contract text, i.e. the customer’s details relating to the ordering process, is stored by nordfishing77 GmbH and can be viewed by the customer under “My account” → “My orders”. Irrespective of this, nordfishing77 GmbH sends the order confirmation described in IV.3. and these GTC to the email address provided by the customer.

VI. Cancellation Instructions

Right of cancellation

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party designated by you, other than the carrier, took possession of the goods. In the case of an order for several goods as part of a single order that are delivered separately, the period begins on the day on which you or a third party designated by you took possession of the last item.

Mandatory use of the cancellation form

To exercise the right of cancellation, only the online cancellation form provided by nordfishing77 GmbH must be used:https://api.nf77.net/widerruf

A cancellation by email, telephone, letter, social media or by any other means of communication will not be recognised as an effective cancellation. To comply with the cancellation period, the fully completed online cancellation form must be submitted electronically before expiry of the 14-day cancellation period. Cancellations made without using the prescribed online cancellation form will not be processed and will not be deemed to have been properly exercised.

Consequences of cancellation

In the event of a cancellation, only the purchase price of the goods covered by the cancellation will be refunded. After completion of the cancellation, within a maximum of 14 working days.

The shipping or delivery costs charged for the original order will not be refunded. This expressly also applies to the cost of the cheapest standard delivery offered by nordfishing77 GmbH. No refund will be made either in the case of a full cancellation or proportionally in the case of a partial cancellation. Express, bulky goods, additional parcel and other special shipping costs will also not be refunded.

The customer bears the direct cost of returning the goods. The return shipment must be organised independently and at the customer’s own expense; as a rule, nordfishing77 GmbH does not provide free return labels. Returns must be sent to the following address: Nordfishing77 GmbH, Wirtschaftstraße 7, Halle 2, 2201 Hagenbrunn. The refund may be withheld until the goods have been received or proof of shipment has been provided and will then be refunded within a maximum of 14 working days.

VII. Prices

All prices are total prices; they include packaging costs and the statutory value added tax (VAT) of the respective country. Shipping costs are added. Pricing errors excepted. If the correct price is higher, the customer will be contacted; in this case, a contract is concluded only if the customer wishes to purchase at the actual price. Shipping costs are not included in the price; they are charged additionally and are listed on our website under “Shipping & Returns”.

VIII. Shipping Costs

The shipping costs refer to the costs incurred for the respective order and shown on the invoice under “Shipping costs”. The customer is charged for shipping one parcel per order. If additional parcels are required for shipping, the customer will be contacted and must bear the cost of these additional parcels; further processing and shipping will be suspended until full payment has been made. During the ordering process, the customer accepts the need for multiple parcels and undertakes to pay for them. A separate payment request will be sent to the customer by email. This provision applies in accordance with Art. 6(1)(k) of Directive 2011/83/EU. Further information on shipping costs is provided on the “Shipping & Returns” page and forms part of the GTC.

IX. Final Delivery Costs and Return Costs

The final delivery costs consist of the “Shipping costs” item on the invoice and the costs of any additional parcels that may be necessary. Additional parcels may be required in particular due to weight, girth or bulky-goods limits imposed by the logistics partner.

Shipping or delivery costs already incurred for sending the order to the customer will not be refunded in the event of cancellation or return. This expressly also applies to the cost of the cheapest standard delivery. Costs for additional parcels, express shipping, bulky goods, special deliveries or other additional transport services will also not be refunded.

Return costs: The customer bears the direct costs of returning the goods and organises the return shipment independently. As a rule, nordfishing77 GmbH does not provide free return labels.

IXa. Delivery, Transfer of Risk and Transport Damage

Handover

The goods may be handed over to the customer personally or to a person designated by the customer to receive them, in particular a duly authorised member of the household. The recipient is requested to check the shipment upon receipt for externally visible transport damage and, where possible, to document such damage with the delivery agent and by means of photographs.

Authority to leave goods

If the customer has granted authority to leave the goods, a safe-place authorisation or a comparable delivery instruction, the shipment is deemed delivered once it has been properly deposited at the agreed location. Once the shipment has been properly deposited, the risk of any subsequent loss or damage passes to the customer. This applies in particular to theft, weather conditions, damage caused by third parties, animals or other events occurring after the deposit.

Without a corresponding authority to leave the goods, the statutory provisions on the transfer of risk apply.

Theft or loss after delivery

If the customer claims that a shipment shown as delivered according to tracking information, or properly deposited, has been stolen or can no longer be found, this must be reported to nordfishing77 GmbH without undue delay. If theft is suspected, the theft must be reported without undue delay to the competent police authority.

Upon request, the customer must provide a copy or confirmation of the police theft report, including any available file, case or reference number. In addition, the customer is obliged to complete and sign truthfully and in full any statutory declaration or declaration of non-receipt of the shipment requested by nordfishing77 GmbH, GLS or any participating transport insurer.

If documents required for assessing the claim are not provided despite a request, or required acts of cooperation are refused, processing of the loss or theft claim may be suspended to the extent that the documents are required for the assessment. Submission of a police theft report or statutory declaration does not in itself establish any entitlement to compensation or reimbursement.

Statutory claims arising from transport damage that occurred before the transfer of risk or from a product defect existing at the time of transfer of risk remain unaffected.

X. Refunds in the Event of Cancellation

In the event of a cancellation, only the purchase price of the goods covered by the cancellation will be refunded.

Shipping or delivery costs of the original order will not be refunded. This expressly also applies to the cost of the cheapest standard delivery offered by nordfishing77 GmbH. No proportional refund will be made in the event of a partial cancellation. In particular, standard shipping costs, express shipping costs, bulky-goods surcharges, additional parcels, special deliveries and other shipping and transport surcharges will not be refunded.

The customer bears the direct costs of returning the goods. As a rule, nordfishing77 GmbH does not provide free return labels and does not cover return shipping costs.

If promotional goods or free gifts are returned and this results in the minimum order value applicable to the promotion at the time of the order no longer being met, all free items must also be returned. Otherwise, their relevant value may be offset against the refund.

XI. Due Date and Retention of Title

The purchase price is due no later than before delivery of the goods. The delivered goods remain the property of nordfishing77 GmbH until payment has been made in full.

XII. Payment Terms

nordfishing77 GmbH accepts the following payment methods: payment in advance, instant bank transfer, PayPal and credit card (Visa, Mastercard) in cooperation with Mollie and cashpresso. When paying in advance, the customer undertakes to transfer the invoice amount to the account of nordfishing77 GmbH within 7 days after conclusion of the contract. If no payment is received within 2 working days after the order confirmation, nordfishing77 GmbH reserves the right to cancel the order without stating reasons. The statutory provisions on default apply. Reminder fees may be charged from the second reminder onwards.

XIII. Statutory warranty, guarantee, batteries and rechargeable batteries

1. Statutory warranty

The statutory warranty provisions apply to goods sold by nordfishing77 GmbH.

For new goods, the statutory warranty period is generally 24 months from delivery of the goods.

The statutory warranty covers defects that were already present at the time the goods were delivered and become apparent within the statutory warranty period.

2. First 12 months – statutory presumption

If a defect becomes apparent within the first 12 months from delivery of the goods, it is generally presumed under the applicable statutory provisions that the defect already existed at the time of delivery.

This presumption does not apply where it is incompatible with the nature of the goods or the nature of the defect.

3. After the first 12 months

If a defect becomes apparent only after 12 months have elapsed, the statutory warranty generally continues to apply until the end of the statutory warranty period.

The statutory presumption applicable during the first 12 months, according to which the defect is presumed to have already existed at the time of delivery, generally no longer applies thereafter.

After expiry of the statutory presumption period, the customer must therefore prove, in the event of a dispute, that a defect relevant under statutory warranty law already existed or had its origin at the time the goods were delivered.

4. Repair, replacement and extension of the statutory warranty period

In the event of a statutory warranty claim, the customer’s rights to repair, replacement, price reduction or termination of the contract are governed by the applicable statutory provisions.

If defective goods are repaired, the statutory warranty period may, in accordance with the applicable statutory provisions, be extended once by a further year.

5. No voluntary guarantee by nordfishing77 GmbH

nordfishing77 GmbH does not provide its own voluntary guarantee for the goods sold.

The customer’s statutory warranty rights remain fully unaffected by this.

Any voluntary manufacturer’s guarantee granted by the manufacturer of a product exists independently of the statutory warranty and is governed exclusively by the respective guarantee conditions of the manufacturer.

The existence of a manufacturer’s guarantee does not restrict the customer’s statutory warranty claims against nordfishing77 GmbH.

6. Batteries and rechargeable batteries

The statutory warranty provisions also apply to goods with built-in, supplied or separately sold batteries or rechargeable batteries.

Due to their technical characteristics, batteries and rechargeable batteries are subject to wear depending on use and age.

A reduction in capacity, performance or operating time resulting from ordinary and intended use does not in itself constitute a defect, provided that the battery or rechargeable battery continues to meet the agreed characteristics and those required by law.

The actual service life and capacity development of a battery or rechargeable battery may in particular be affected by:

the number of charging and discharging cycles,
depth of discharge,
state of charge,
intensity of use,
age,
storage duration and storage conditions,
ambient temperature,
the chargers used, and
the type of intended use.

Statutory warranty claims relating to a defect in the battery or rechargeable battery that was already present at the time of delivery remain unaffected.

7. Damage caused by use and improper handling

No statutory warranty applies to damage or functional impairment caused only after delivery of the goods by improper handling or use.

In the case of batteries and rechargeable batteries, this may in particular include damage caused by:

the use of unsuitable chargers or chargers that do not meet the specified requirements,
mechanical damage,
short circuit,
improper storage,
deep discharge,
overcharging,
impermissible temperatures,
fire or severe heat exposure,
the ingress of water or moisture where the product is not designed for this,
unauthorised technical modifications,
damage to or tampering with the rechargeable battery or battery housing, or
use contrary to the manufacturer’s, operating or safety instructions.

Statutory warranty claims are excluded only to the extent that the relevant damage or functional impairment is actually attributable to such a circumstance occurring after delivery.

8. Wear and statutory warranty

Ordinary wear caused by intended use does not constitute a defect for statutory warranty purposes.

This applies in particular to the ordinary loss of capacity of batteries and rechargeable batteries caused by age and use.

However, the fact that a component is subject to wear, or that it is a battery or rechargeable battery, does not automatically exclude the statutory warranty.

9. Manufacturer and safety instructions

For products with batteries or rechargeable batteries, the operating, charging, storage, safety and disposal instructions supplied with the product must be observed.

In particular, damaged, swollen, overheated or otherwise abnormal lithium batteries or lithium rechargeable batteries must no longer be used or charged.

Before returning damaged or safety-critical batteries or rechargeable batteries, the instructions of nordfishing77 GmbH must be followed. A return may only be made insofar as shipment is permitted under the applicable transport and dangerous goods regulations.

10. Mandatory consumer rights

The above provisions do not restrict mandatory statutory warranty rights of consumers.

XIV. Exclusion of Liability

Claims for damages by the customer against nordfishing77 GmbH are excluded unless nordfishing77 GmbH or its agents or persons employed in performing obligations have acted intentionally or with gross negligence. Liability for damage arising from injury to life, body or health, from negligent or intentional breach of material contractual obligations, or where liability is mandatory under the Product Liability Act, due to fault in the conclusion of the contract, other breaches of duty or tortious claims for compensation for property damage remains unaffected. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely. nordfishing77 GmbH points out that product images shown in the online shop may differ from the actual appearance of the products (illustrative images). Minor visual deviations as well as product improvements and changes by the manufacturer do not constitute a defect.

XV. Right of Set-off, Right of Retention

The customer is not entitled to set off claims against our claims unless the customer’s counterclaims have been legally established or are undisputed. The customer may exercise a right of retention only if the counterclaim is based on the same purchase contract.

XVI. Age Restriction for Orders

Products may be purchased via our online shop only by persons who have reached the age of 18. By placing your order, you confirm that you have reached the required minimum age. We reserve the right to request proof of age before dispatching or accepting an order. This may take the form of an identity card or comparable valid identity document. The customer is obliged to ensure that the information provided, including the date of birth, is correct and complete. Incorrect information may result in the order being rejected. Orders by persons under the age of 18 are not permitted. If we become aware that an order has been placed by a person under the age of 18, the order will be cancelled immediately. We reserve the right to change this age restriction at any time. Customers will be informed of any changes in an appropriate manner.

XVII. Data Protection

Provisions regarding data protection are contained in the Privacy Policy.

XVIII. Copyright

nordfishing77 GmbH holds the copyright to all images, videos and texts published on the website www.nordfishing77.at. Use of the images, videos and texts without the express consent of nordfishing77 GmbH is not permitted.

XIX. Applicable Law

The law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods.

XX. Place of Jurisdiction

In the event of disputes arising from contracts concluded under these GTC, the Austrian courts have jurisdiction over actions brought by customers. Austrian courts have jurisdiction over actions brought by nordfishing77 GmbH. After a dispute has arisen, the parties are free to agree on a place of jurisdiction in Austria or at the customer’s place of residence.

XXI. Amendment of the General Terms and Conditions / Reservation of the Right to Amend

We are entitled to amend these General Terms and Conditions unilaterally insofar as this is necessary to remedy subsequently arising imbalances in the contractual relationship or to adapt them to changed legal or technical framework conditions. We will inform the customer of any amendment by sending the content of the amended provisions to the customer’s last known email address. The amendment becomes part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks of receipt of the notification of amendment.

XXII. Severability Clause

If any provision of these General Terms and Conditions is invalid, the validity of the remaining provisions shall not be affected.

XXIII. Subsequent Amendment of the Order

In the event of a subsequent amendment to an order, these GTC remain effective. Subsequent amendments are offered only as a gesture of goodwill.