AGB

Table of Contents

  1. Scope, definitions, power to amend

  2. Conclusion of contract

  3. Delivery, delivery time and availability of goods

  4. Right of withdrawal

  5. Prices and terms of payment

  6. Delivery and shipping conditions

  7. Retention of title

  8. Warranty

  9. Liability

  10. Withdrawal (Cancellation) Policy & Withdrawal (Cancellation) Form for the Purchase of Goods

  11. Installation & technical requirements

  12. Data protection

  13. Applicable law

  14. Alternative dispute resolution

    Status: 21.02.2018

    1 Scope of application, definitions, power of amendment

    These general terms and conditions (hereinafter referred to as "GTC") of the

    Nauticast GmbH
    Lützowgasse 14, 1140 Vienna
    Commercial Court Vienna, FN 418538y
    Headquarters Vienna
    UID ATU 68809738
    office@nauticast.com | www.nauticast.com

    (hereinafter "Seller"), shall apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods or services offered by the Seller. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed. If the Seller's equipment is sold or leased by a third party acting on its own behalf as a seller and/or service provider for the related equipment and services, then the terms and conditions between the Customer and the third party shall govern.
    Please note that we may need to update the Terms and Conditions from time to time. The version valid at the time of your order is authoritative.
    A consumer in the sense of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
    If working days are specified as deadlines, this shall be understood to mean all weekdays with the exception of Saturdays, Sundays and public holidays.

    2 Conclusion of contract

    2.1 The product descriptions contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

    2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after placing the selected goods or services in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

    2.3 Furthermore, the customer may also submit the offer to the seller by telephone, fax, e-mail or post.

    2.4 The Seller may accept the Customer's offer within five days,

    • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
    • by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
    • by requesting payment from the customer after the customer has placed the order.

    If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.

    If the payment method "PayPal Express" is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
    or - if the customer does not have a PayPal account - subject to the terms of payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
    . If the customer selects "PayPal Express" as the method of payment during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.

    2.5 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before submitting his order.

    2.6 Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.

    2.7 The German and English languages are available for the conclusion of the contract.

    2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

    3 Delivery, delivery time and availability of goods

    3.1 In our online shop you will find information on the availability of the products and, depending on the technical specifications, also on the expected delivery times. The delivery times are calculated from the time of your order. If you have indicated in the order that you will pay the purchase price in advance, the delivery times are calculated from the date of receipt of the advance payment.

    3.2 For technical reasons, it cannot be ruled out that products are marked as available in the online shop even though there is no longer any stock available for your order. If, in exceptional cases, some or all of the products you ordered are not available, we will contact you immediately by e-mail. In this case we will refrain from a declaration of acceptance. A contract is not concluded. If you have already paid the purchase price for the goods, we will of course refund the purchase price to you free of charge via the payment method by which you made the payment.

    3.3 We currently only supply customers within the European Union. If delivery is to be made to another country, please note the information in the course of the ordering process and in Chapter 5 of these GTC.

    3.4 If goods with obvious damage are delivered, we ask you to claim the damage immediately to the carrier and contact us as soon as possible. Please also inform us of hidden defects as soon as possible after their discovery. As a business customer, you must inform us in good time to preserve your rights.

    4 Right of withdrawal

    4.1 Consumers are generally entitled to a right of withdrawal.

    4.2 More detailed information on the right of withdrawal can be found in the seller's withdrawal instructions.

    4.3 The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract, unless the law of the country in which the consumer has his habitual residence provides for a right of withdrawal.

    5 Prices and terms of payment

    5.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax (VAT). Any additional delivery and shipping costs will be indicated separately in the respective product description.

    5.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

    5.3 The provider reserves the right to commission third parties with the processing of the various payment options.

    5.4 Invoices are generally sent to the customer by email. Unless otherwise agreed, the invoice amount is due no later than 14 days after receipt of the invoice.

    5.5 If the Customer defaults on a payment, the Provider is entitled to charge a flat-rate reminder fee per reminder. The Provider is entitled to charge a lump sum for each unpaid or returned direct debit or credit card payment, unless the Customer proves that he is not responsible for the event causing the loss. The customer is at liberty to prove that no damage or less damage than the flat rate was incurred.

    5.6 The payment option(s) will be communicated to the customer in the online shop of the seller.

    5.7 In the case of payment by means of a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal terms and conditions of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

    5.8 If the payment method purchase on account is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.

    6 Delivery and shipping conditions

    6.1 The delivery of goods is made by shipping to the delivery address specified by the customer, unless otherwise agreed. The amount of the shipping costs is shown in the course of the ordering process.

    6.2 If the Customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment.

    6.3 If the Customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the Customer upon handover of the goods to the Customer or a person authorised to receive the goods. In deviation from this, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or company otherwise designated to carry out the shipment and the seller has not previously named this person or company to the customer.

    6.4 In the event of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the seller's registered office by arrangement with the seller. In this case, no shipping costs will be charged.

    6.5 In the event of a revocation, you shall bear the direct costs of the return shipment.

    7 Retention of title

    7.1 With respect to consumers, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.

    7.2 With respect to entrepreneurs, the Seller shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

    7.3 If the Customer is acting as an entrepreneur, it shall be entitled to resell the reserved goods in the ordinary course of business. The customer shall assign to the seller in advance all claims against third parties arising therefrom in the amount of the respective invoice value (including value added tax). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing.

    The customer remains authorised to collect the claims even after the assignment. The authority of the seller to collect the claims himself remains unaffected. However, the seller will not collect the receivables as long as the customer meets his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

    8 Warranty

    If the goods or services are defective, the provisions of the statutory warranty shall apply. The following shall apply in derogation hereof:

    8.1 For entrepreneurs

    • the seller has the choice of the type of remedy in the case of insignificant defects;
    • the purchase of used goods, the rights and claims due to defects are generally excluded;
    • the limitation period shall not begin again if a replacement delivery is made within the scope of the warranty.

    8.2 The above-mentioned limitations of liability and shortening of the statute of limitations shall not apply to

    • for damages resulting from injury to life, body or health or damages based on an intentional or negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller,
    • in the event that the seller has fraudulently concealed the defect.

    8.3 Furthermore, the obligation to give notice of defects pursuant to § 377 of the Austrian Commercial Code (UGB) shall apply to entrepreneurs, otherwise they shall no longer be entitled to assert claims for warranty, for damages due to the defect itself or due to an error regarding the defect-free nature of the item.

    9 Liability

    The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and expenses as follows:

    9.1 The Seller shall be liable without limitation for any legal reason whatsoever

    • in the event of intent or gross negligence,
    • in the event of injury to life, limb or health.

    9.2 In all other respects, any liability on the part of the Seller is excluded.

    9.3 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

    10 Cancellation (Withdrawal) Policy & Cancellation (Withdrawal) Policy & Cancellation (Withdrawal) Form for the Purchase of Goods

    In case of withdrawal / revocation, the withdrawal policy of Nauticast GmbH applies.

    11 Installation & technical requirements

    The use of the applications of the provider with full functionality requires a functioning and continuously existing Internet connection at the installation location for the installation. A data connection is also required for full use of the mobile applications. The provision and maintenance of the functionality and assumption of any costs of the Internet connections are the responsibility of the customer.

    12 Data protection

    12.1 In all data processing operations (e.g. collection, processing and transmission), the Provider shall act in accordance with the statutory provisions. The personal data, orders and operating data of the end devices transmitted by the Customer shall be stored electronically by the Provider.

    12.2 Further information on the type, scope, location and purpose of the collection, processing and use of personal data necessary for the execution of orders can be found in the provider's privacy policy.

    12.3 The Provider shall take state of the art measures to protect the data against unauthorized access. Nevertheless, it is pointed out that, according to the state of the art, it cannot be completely prevented that third parties can attempt to gain unauthorized access to this data.

    13 Applicable law

    13.1 The law of the Republic of Austria shall apply to all legal relationships between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

    13.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union, unless the law of the country in which the consumer has his habitual residence provides for a right of withdrawal.

    14 Alternative dispute resolution

    The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr
    This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.