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General Terms and Conditions (GTC) 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 via the online shop www.nordfishing77.at between nordfishing77 GmbH and customers. I agree that nordfishing77 GmbH may send messages regarding order processing to the email address provided by me.

II. Acceptance of the GTC

The customer acknowledges these GTC and agrees to them as soon as he places an order. Without this acceptance, an order is not possible. By accepting the GTC, the customer is bound by the provisions contained therein.

III. Defense Clause

The inclusion of General Terms and Conditions or contractual conditions of the customer that deviate from these GTC is rejected unless expressly recognized by nordfishing77 GmbH.

IV. Conclusion of Contract

1. Internet presence 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 to make an offer. The customer makes the offer in the legal sense by placing the order.
2. Ordering Process
When viewing the range of products in the online shop www.nordfishing77.at, the customer can select the desired goods by clicking on the "add to cart" button. The selected goods will be temporarily stored in the cart during the customer's visit to the website www.nordfishing77.at. By clicking on the "Checkout" button next to the goods listed in the cart, the ordering process continues. On the following page, the customer is prompted to log in to the online shop if he already has an account or to register as a new user. The customer then selects the desired delivery location and payment method and enters the data required for payment processing. 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 and, if necessary, correct his information in the Order Overview before sending his order to nordfishing77 GmbH by clicking on the "Order with obligation to pay" button. By clicking on the "Order with obligation to pay" button, the customer makes a binding purchase offer for the selected goods.
3. Order Confirmation
nordfishing77 GmbH sends a notification email to the email address provided by the customer confirming the receipt of the order and reproducing its content (hereinafter referred to as "Order Confirmation"). The Order Confirmation does not constitute acceptance of the purchase offer by nordfishing77 GmbH. Acceptance of the offer by nordfishing77 GmbH is explicitly made in a separate email. If nordfishing77 GmbH rejects the conclusion of the contract, the customer will be notified immediately, but no later than 30 working days by email or telephone.
4. Unavailability of an Item
In case of unavailability of an item, we reserve the right to cancel the order. The customer will be informed immediately, and any payments already made will be refunded promptly, but no later than 6 months.
5. Payment Confirmation
After the Order Confirmation, the customer receives a Payment Confirmation, clearly informing that the payment has been received. The duration until receipt of the Payment Confirmation may vary depending on the chosen payment method, between 10 minutes and 5 working days.
6. 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 of the 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 information provided by the customer about the ordering process, is stored by nordfishing77 GmbH and can be viewed by the customer under the link "My Account" → "My Orders." Regardless, nordfishing77 GmbH sends the Order Confirmation described in IV.3. and these GTC to the email address provided by the customer.

VI. Right of Withdrawal

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without stating any reason. The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, has taken possession of the goods. 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 protected], by means of a clear declaration (either by completing our withdrawal form, an email, or a letter sent by post) of your decision to withdraw from this contract. You can use the withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the communication regarding the exercise of the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, excluding the final delivery costs (these consist of the "shipping costs" position on the invoice and the costs for any necessary additional packages), immediately and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same payment method that you used in the original transaction unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We may withhold the refund until we have received the goods back.

Return Instructions
You must return the goods immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal from 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. These consist of the return shipping costs for all packages required for the return, including the packages on the original invoice and any necessary additional packages. You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, characteristics, and functioning of the goods. -- End of withdrawal instructions --

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. Price errors reserved. If the correct price is higher, the customer will be contacted; a contract is only concluded if the customer wishes to purchase at the actual price. Shipping costs are not included in the price; they are additional and listed on our page under the point "Shipping & Returns".

VIII. Shipping Costs

The shipping costs relate to the costs incurred for the respective order, which are listed on the invoice under "Shipping Costs." The customer will be charged for the shipment of one package per order. If additional packages are required for shipping, the customer will be contacted and must bear the costs for these additional packages. The customer accepts the necessity of multiple packages during the ordering process and undertakes to pay for them. A separate payment request will be sent to the customer by email. This regulation applies according to Art. 6 para. 1 lit. k of Directive 2011/83/EU. Further information on shipping costs is provided on the page "Shipping & Returns" and is part of the GTC.

IX. Final Delivery Costs

The final delivery costs consist of the "Shipping Costs" position on the invoice and the costs for any necessary additional packages. These additional packages are required because our logistics partner has different maximum transport volumes in kilograms, different maximum package dimensions (package dimensions = 1 × longest side + 2 × width + 2 × height), and different large package limits depending on the country. These costs will be communicated to the customer before shipping the additional packages and must be borne by the customer – see "Shipping & Returns"
Return Costs
The customer bears the direct costs of returning the goods. These costs consist of the return shipping costs for all packages required for the return, including the packages on the original invoice and any necessary additional packages. The costs are listed in "Shipping & Returns". This regulation is based on Art. 14 para. 2 of Directive 2011/83/EU, according to which the consumer bears the costs of returning, provided that the trader has informed him of this before the conclusion of the contract.

X. Refunds in Case of Withdrawal

If you withdraw from this contract, we will refund all payments we have received from you, excluding the final delivery costs, immediately and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. This regulation complies with the requirements of Art. 13 para. 1 of Directive 2011/83/EU on consumer rights and Regulation (EU) No. 524/2013 on online dispute resolution for consumer disputes.

XI. Due Date and Retention of Title

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

XII. Payment Terms

nordfishing77 GmbH accepts the following payment methods: advance payment, instant transfer, PayPal, and credit card (Visa, Mastercard) in cooperation with Mollie and cashpresso. In the case of advance payment, the customer undertakes to transfer the invoice amount to the account of nordfishing77 GmbH within 7 days of the 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 legal regulations on default apply. Reminder fees can be claimed from the second reminder onwards.

XIII. Warranty

The invoice is required for claiming the warranty. There are no separate warranty cards. The warranty period begins from the invoice date and is 6 months. In the event of a warranty claim, the incurred costs (return shipping costs) are 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 incurred costs (return shipping costs) are not covered and must be paid by the buyer. The warranty does not cover defects caused by the customer. This is particularly the case with improper handling, misuse, or unauthorized repair attempts. In the case of the delivery of used goods, warranty claims expire after one year. The shortened limitation period does not apply to claims for damages due to injury to life, body, health, as well as for other damages caused by gross negligence on the part of nordfishing77 GmbH or by 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 due to negligent or intentional breach of essential contractual obligations. Essential contractual obligations are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer can regularly rely. If the delivered items have obvious material or manufacturing defects (including transport damage), we ask the customer to notify us immediately. If a written manufacturer’s warranty exists, the customer must assert claims arising from it directly with the manufacturer. The liability of nordfishing77 GmbH under the warranty is excluded.

XIV. Disclaimer

Claims for damages by the customer against nordfishing77 GmbH are excluded unless nordfishing77 GmbH or its vicarious agents or assistants have acted intentionally or with gross negligence. Liability for damages resulting from injury to life, body, and health, due to negligent or intentional breach of essential contractual obligations, or as required by the Product Liability Act, for fault upon contract conclusion or for other breaches of duty or tort claims for compensation of material damages is not affected. Essential contractual obligations are obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer can 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 and product improvements by the manufacturer do not constitute defects.

XV. Right of Set-Off, Right of Retention

The customer is not entitled to offset our claims unless the counterclaims of the customer are legally established or undisputed. The customer may only exercise a right of retention if his counterclaim is based on the same purchase contract.

XVI. Age Restriction for Orders

The purchase of products through our online shop is permitted only to 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 require proof of age before delivery or acceptance of an order. This can be in the form of an identity card or a comparable valid identification document. The customer is obliged to ensure that the information provided, including the date of birth, is correct and complete. Incorrect information may lead to the rejection of the order. Orders from persons under 18 are not permitted. If we become aware that an order has been placed by a person under 18, it will be canceled 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 on data protection are included in our Privacy Policy.

XVIII. Copyrights

nordfishing77 GmbH holds the copyrights to all images, films, and texts published on the website www.nordfishing77.at. The use of images, films, and texts without the express consent of nordfishing77 GmbH is not permitted.

XIX. Applicable Law

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

XX. Jurisdiction

In the event of disputes arising from contracts concluded under the validity of these GTC, Austrian courts are competent for claims by customers. For claims by nordfishing77 GmbH, Austrian courts are competent. After a dispute has arisen, the parties are free to agree on a jurisdiction in Austria or the customer's place of residence.

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

We are entitled to unilaterally amend these General Terms and Conditions to the extent necessary to eliminate subsequent equivalence disruptions or to adapt to changed legal or technical conditions. We will inform the customer of any change by notifying the customer of the content of the amended provisions at the last known email address. The change becomes part of the contract if the customer does not object to the inclusion in the contractual relationship within six weeks of receipt of the amendment notification in written or text form.

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 Change of the Order

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