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 me messages relating to order processing to the email address provided by me.
II. Acceptance of the GTC
The customer accepts these GTC and agrees to them as soon as they place an order. Without this acceptance, placing an order is not possible. By accepting the GTC, the customer is bound by the provisions contained herein.
III. Exclusion of Conflicting 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 acknowledged by nordfishing77 GmbH.
IV. Conclusion of Contract
- Online presence of nordfishing77 GmbH on the website www.nordfishing77.at The presentation of products on the website does not constitute an offer in the legal sense. It is an invitation to the customer to submit an offer themselves. The customer submits the offer in the legal sense by placing an order.
- Ordering process In the overview of the range available in the online shop www.nordfishing77.at, the customer can select the desired goods by clicking the “Add to cart” button. The selected goods are temporarily stored in the shopping cart during the customer’s visit to the website www.nordfishing77.at. By clicking the “Checkout” button next to the goods listed in the shopping cart, the ordering process is continued. On the following page, the customer is asked to log in to the online shop if they already have an account, or to register as a new customer. The customer then selects the delivery location and the desired payment method and enters the data required to carry out the payment. When selecting external payment services such as PayPal, the customer is redirected to the external website of the respective payment service provider. Before submitting the order, the data relevant to the order is summarized in an “order overview”. The customer is free to check their details in the order overview once again and correct them if necessary before sending 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 purchase offer for the goods selected by them.
- 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 “order confirmation”). The order confirmation does not constitute acceptance of the customer’s purchase offer 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 delay, but no later than after 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 of this without delay, and any payments already made will be refunded immediately, but no later than after 6 months.
- Payment confirmation After the order confirmation, the customer receives a payment confirmation that clearly informs them that the payment has been received. The time until receipt of the payment confirmation may vary between 10 minutes and 5 working days, depending on the selected payment method.
- Payment in advance (bank transfer) In the case of payment 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 the link “My account” → “My orders”. Independently of this, nordfishing77 GmbH sends the order confirmation described under IV.3. and these GTC to the email address provided by the customer.
VI. Cancellation Policy
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 named by you, who is not the carrier, have or has taken 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 named by you have or has taken possession of the last item.
To exercise your right of cancellation, you must inform us, nordfishing77 GmbH, Wirtschaftsstraße 7, 2201 Hagenbrunn, Austria, Tel. +43 2246 20510, email [email protected], by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to cancel this contract. You may use our online cancellation form at https://api.nf77.net/widerruf, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the notification regarding the exercise of the right of cancellation before the cancellation period expires.
Consequences of Cancellation
If you cancel this contract, we must refund all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than within 14 days from the day on which we receive notification of your cancellation of this contract. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund. We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than within 14 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the period of 14 days has expired. You bear the direct costs of returning the goods. You organise the return shipment yourself using a shipping service provider of your choice; we do not provide return labels.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary for checking their condition, properties and functionality. For fishing rods, reels, electronic devices (fish finders, bite alarms, wireless bite alarms, batteries) as well as hygiene-sensitive goods (bait, pastes, opened maggot containers), signs of use, removal of sealed films, spooling reels or activating batteries regularly result in a loss in value of 30–100% of the purchase price, which will be offset against the refund.
Exclusion / Premature Expiry of the Right of Cancellation
The right of cancellation does not apply to contracts
- for the delivery of goods that are made according to customer specifications or clearly tailored to personal needs (e.g. individually spooled reels, custom-made rod building products, laser engravings);
- for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (e.g. bait fish, maggot containers, pastes, boilies in vacuum bags);
- for the delivery of goods that can spoil quickly or whose expiry date would be exceeded quickly (e.g. live or frozen bait, maggots, worms).
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 reserved. If the correct price is higher, the customer will be contacted; in this case, a contract will only be concluded 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, which are shown on the invoice under “shipping costs”. The customer is charged for the shipment of one parcel per order. If additional parcels are required for shipment, the customer will be contacted and must bear the costs for these additional parcels. During the ordering process, the customer accepts the necessity of 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 para. 1 lit. k of Directive 2011/83/EU. Further information on shipping costs is shown on the “Shipping & Returns” page and forms part of the GTC.
IX. Final Delivery Costs and Return Shipping Costs
The final delivery costs consist of the item “shipping costs” on the invoice and the costs for any additional parcels that may be required. These additional parcels are necessary because, depending on the country, our logistics partner has different maximum transport weights in kilograms, different maximum girth dimensions (girth = 1 × longest side + 2 × width + 2 × height) and different bulky goods limits. These costs will be communicated to the customer before the additional parcels are shipped and must be borne by the customer – see “Shipping & Returns”.
Return shipping costs: The customer bears the direct costs of returning the goods and organises the return shipment themselves using a shipping service provider of their choice. nordfishing77 GmbH does not provide return labels and does not cover return shipping costs. The return shipping costs consist of the costs for all parcels required for the return shipment, including the parcels on the original invoice and any additional parcels that may be necessary. This provision is based on Art. 14 para. 2 of Directive 2011/83/EU, according to which the consumer must bear the costs of returning the goods, provided that the trader has informed the consumer of this before conclusion of the contract.
If a parcel that has already been delivered is refused by the customer or not collected (refusal of acceptance) after the goods have left the warehouse, this is deemed to be a cancellation after dispatch. The return transport and storage costs charged to nordfishing77 GmbH by the shipping service provider will in this case be offset against the refund.
X. Refunds in the Event of Cancellation
If you cancel this contract, we must refund all payments we have received from you, including delivery costs (except for any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and no later than within 14 days from the day on which we receive notification of your cancellation of this contract. This provision complies with the requirements of Art. 13 para. 1 and 2 of Directive 2011/83/EU on consumer rights and Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes.
When promotional goods or free gifts are returned and the minimum order value of the promotion valid at the time of the order is no longer reached as a result, all free items must be returned without exception. Otherwise, the regular recommended retail price of the free items will 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 full payment has been made.
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. In the case of payment 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 default provisions apply. Reminder fees may be charged from the second reminder onwards.
XIII. Warranty
Only the invoice is required to make use of the guarantee. There are no separate warranty cards. The guarantee period begins on the invoice date and is 6 months. In the event of a guarantee claim, the resulting costs (shipping costs for the return shipment) will be reimbursed by the manufacturer or dealer. The statutory warranty period begins from the 7th to the 24th month after the invoice date. In the case of a statutory warranty claim, the resulting costs (shipping costs for the return shipment) are not covered and must be paid by the buyer themselves. The statutory warranty is excluded in the case of defects caused by the customer. This applies in particular in the event of improper handling, incorrect operation or unauthorised repair attempts. In the event of delivery of used goods, statutory warranty claims expire after one year. The shortened limitation period does not apply to claims for damages by the customer due to injury to life, body or health, or to other damages based on 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. The shortened limitation period also does not apply to claims for damages arising from the negligent or intentional breach of essential contractual obligations. Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely. If delivered items show obvious material or manufacturing defects, including transport damage, we ask the customer to notify us of this immediately. If a manufacturer’s guarantee exists in writing, the customer must assert the claims arising from it directly against the manufacturer. Liability of nordfishing77 GmbH under the manufacturer’s guarantee is excluded.
XIV. Disclaimer of Liability
Claims for damages by the customer against nordfishing77 GmbH are excluded unless nordfishing77 GmbH or its agents or vicarious agents have acted intentionally or with gross negligence. This does not affect liability for damages resulting from injury to life, body or health, for negligent or intentional breach of essential contractual obligations, or where liability is mandatory under the Product Liability Act, due to culpa in contrahendo, or due to other breaches of duty or tortious claims for compensation for property damage. Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely. nordfishing77 GmbH points out that the product images shown in the online shop may differ from the actual appearance of the products (symbolic 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 only exercise a right of retention if their counterclaim is based on the same purchase contract.
XVI. Age Restriction for Orders
The purchase of products via our online shop is only permitted for 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 be provided in the form of an identity card or a comparable valid identification document. The customer is obliged to ensure that the information provided by them, including the date of birth, is correct and complete. False information may lead to rejection of the order. Any orders placed by persons under the age of 18 are not permitted. If we become aware that an order originates from a person under the age of 18, the order will be cancelled immediately. We reserve the right to amend this age restriction at any time. Customers will be informed of any changes in an appropriate manner.
XVII. Data Protection
Provisions on data protection are contained in the privacy policy.
XVIII. Copyrights
nordfishing77 GmbH holds copyrights to all images, films and texts published on the website www.nordfishing77.at. Use of the images, films and texts is not permitted without the express consent of nordfishing77 GmbH.
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, Austrian courts shall have jurisdiction for claims brought by customers. Austrian courts shall have jurisdiction for claims brought by nordfishing77 GmbH. 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.
XXI. Amendment of the General Terms and Conditions / Reservation of Amendment
We are entitled to amend these General Terms and Conditions unilaterally insofar as this is necessary to eliminate equivalence disruptions arising subsequently or to adapt 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 after 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 Changes to the Order
In the event of subsequent changes to an order, these GTC remain effective. Subsequent changes are offered only as a gesture of goodwill.