General terms and conditions of nordfishing77 GmbH.
I. Validity of the General Terms and Conditions
These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) apply to all contracts concluded via the online shop www.nordfishing77.at between nordfishing77 GmbH. and customers are completed. I agree that nordfishing77 GmbH. You may send messages for order processing to the email address I provided.
II. Acceptance of the General Terms and Conditions
The customer acknowledges 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 General Terms and Conditions will be rejected unless these are accepted by nordfishing77 GmbH. expressly recognized.
IV. Conclusion of 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 to make an offer themselves. The customer makes the offer in the legal sense by placing the order. - Order process
When viewing the product range of the online shop www.nordfishing77.at, the customer can select the product(s) they want by clicking on 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 will continue. On the following page, the customer is asked to register for the online shop if they already have an account, or to register again. The customer then selects his chosen delivery location and the desired payment method and enters the data required to carry out 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 placing the order, the data relevant to the order is summarized in an “order overview”. The customer is free to check his details in the order overview again and correct them if necessary before sending his order to nordfishing77 GmbH by clicking on the “Order with payment” button. sent. By clicking on the “Order with obligation to pay” button, the customer submits a binding offer to purchase the goods they have selected. - Order confirmation
The nordfishing77 GmbH. After receipt of the order, sends a notification email to the email address provided by the customer, in which receipt of the order is confirmed and its contents are 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. If the customer refuses to conclude the contract, the customer will be informed of this immediately by email.
V. Storage of the contract text
The contract text, i.e. the customer's information about the ordering process, is handled by nordfishing77 GmbH. stored and can be viewed by the customer under the link “My Account” à “My Orders”. Regardless of this, nordfishing77 GmbH broadcasts. those under IV.3. the order confirmation described and these General Terms and Conditions to the email address provided by the customer.
VI. Right of withdrawal
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must contact nordfishing77 GmbH. , Wirtschaftsstraße 7, 2201 Hagenbrunn, Austria, Tel. + 43 (0) 2246 20 510 47, Fax. + 43 (0) 2246 20 510 33, office@nordfishing77.at by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the cancellation form for this, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you revoke this contract, we will reimburse you for 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 revocation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We can refuse the refund until we receive the goods back.
You must return or hand over the goods, including the gift, to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
End of revocation
VII. Prices
- All prices are total prices; They include the packaging costs and the statutory sales tax (VAT). There are only shipping and payment fees (there are no payment fees when paying in advance).
- Price errors excepted. 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 additional.
VIII. Shipping costs
Shipping costs apply upon delivery; you can find these in the shipping information. The applicable sales tax is included in the shipping costs.
IX. delivery terms
- Unless otherwise agreed, delivery will be made to the address specified by the customer.
- You can find the delivery time in the shipping information. When paying in advance, the delivery period begins one working day after the amount has been received into 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 if there are delivery obstacles in the area of suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances affecting nordfishing77 GmbH. nordfishing77 GmbH is not responsible. 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 ordering process begins.
X. Due date and retention of title
- The purchase price is due at the latest before delivery of the goods.
- The delivered goods remain the property of nordfishing77 GmbH until full payment has been made.
XI. Payment terms
- nordfishing77 GmbH. accepts the following payment methods: advance payment, immediate transfer, PayPal, credit card (Visa, Mastercard, American Express).
- When paying in advance, the customer transfers the invoice amount to the nordfishing77 GmbH account within 7 days of conclusion of the contract. Shipping will only take place after receipt of payment.
- The statutory default regulations apply. Reminder costs can be claimed from the second reminder.
XII. Warranty
- Only the invoice is required to make use of the guarantee. There are no guarantee cards of their own. The guarantee period begins from the invoice date and is 6 months. In the event of a warranty claim, the origination costs (shipping costs for the return) 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 event of a warranty claim, the origination costs (shipping costs for the return) are not covered and must be paid by the buyer himself. The warranty is excluded for defects caused by the customer. This is particularly the case in the event of improper handling, incorrect operation or unauthorized repair attempts.
- If used goods are delivered, warranty claims expire after one year.
- The shortened limitation period does not apply to the customer's claims for damages due to injury to life, body, health or other damage resulting from a grossly negligent breach of duty by nordfishing77 GmbH. or due to an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of nordfishing77 GmbH. based. The shortened limitation period also does not apply to claims for damages due to negligent or intentional violation of essential contractual obligations. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely.
- If delivered items have obvious material or manufacturing defects (including transport damage), we ask the purchaser to report this to us immediately.
- If 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.
XIII. Disclaimer
- Claims for damages from the customer against nordfishing77 GmbH. are excluded as far as nordfishing77 GmbH. or their vicarious agents or vicarious agents did not act intentionally or with gross negligence.
- Liability for damages resulting from injury to life, body and health, due to negligent or intentional violation of essential contractual obligations or to the extent that liability is mandatory under the Product Liability Act or due to negligence in concluding the contract or due to other breaches of duty or tortious claims for compensation for property damage remains unaffected. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract 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 presentation of the products (symbolic images). Minor visual deviations do not constitute a defect.
Right of set-off, right of retention
- The customer is not entitled to offset 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 purchase contract.
XVI. data protection
Data protection provisions are contained in the data protection declaration.
XVII. Copyrights
The nordfishing77 GmbH. has copyright to all images, films and texts published on the website www.nordfishing77.at. The images, films and texts may not be used without the express consent of nordfishing77 GmbH. not allowed.
XVII. Applicable Law
The law of the Federal Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods.
XVIII. Place of jurisdiction
In the event of disputes arising from contracts concluded under these General Terms and Conditions, the Austrian courts are responsible for customer claims. (In Germany, the Austrian court or courts of the place where the customer is domiciled is responsible.) For lawsuits brought by nordfishing77 GmbH. Austrian courts are responsible. After the dispute arises, 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 / Subject to Change
We are entitled to unilaterally change these General Terms and Conditions to the extent that this is necessary to eliminate subsequent equivalence problems or to adapt to changed legal or technical framework conditions. We will inform the customer of a change by notifying the content of the changed regulations to the customer's last known email address. The change will become 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 receiving notification of the change.
XX. Severability clause
If a provision of these general terms and conditions is invalid, the effectiveness of the remaining provisions will not be affected.
“Based on sample general terms and conditions of the law firm “ZANTHIER & SCHULZ”