Conditions

Table of contents

  1. Scope, definitions, authority to make changes

  2. Conclusion of contract

  3. Delivery, delivery time and product availability

  4. Right of withdrawal

  5. Prices and payment terms

  6. Delivery and shipping conditions

  7. Retention of title

  8. Warranty

  9. Liability

  10. Cancellation (cancellation) instructions & cancellation (cancellation) form for the purchase of goods

  11. Installation & technical requirements

  12. data protection

  13. Applicable law

  14. Alternative dispute resolution

    Stand: 21.02.2018

    1 Scope, definitions, authority to make changes

    These General Terms and Conditions (hereinafter “GTC”)

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

    (hereinafter “Seller”), 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 provider's equipment is sold or rented in its own name by a third party who acts as a seller and/or service provider for the associated equipment and services, then the general terms and conditions between the customer and the third party apply.
    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 relevant.
    A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. 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 their commercial or independent professional activity.
    If working days are specified as deadlines, these include all weekdays with the exception of Saturdays, Sundays and public holidays.

    2 Conclusion of contract

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

    2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. 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 on the button that completes the ordering process.

    2.3 The customer can also submit the offer to the seller by telephone, fax, email or post.

    2.4 The seller can 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 email), whereby the receipt of the order confirmation by the customer is decisive, or
    • by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
    • by asking the customer to pay after placing their order.

    If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end 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 is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

    If you select the payment method “PayPal Express”, payment is 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 and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
    If the customer selects “PayPal Express” as the payment method as part of the online ordering process, he also issues a payment order to PayPal by clicking the button that completes the ordering process. In this case, the seller declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking on the button that completes the ordering process.

    2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order along with these general terms and conditions. In addition, the contract text 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 details, provided that the customer has created a customer account in the seller's online shop before sending his order.

    2.6 Before bindingly submitting 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. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

    2.7 The German and English languages ​​are available for concluding the contract.

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

    3 Delivery, delivery time and product availability

    3.1 In our online shop you will find information on the availability of each product and, depending on technical requirements, also on the expected delivery times. Delivery times are calculated from the time of your order. If you stated when ordering that you would pay the purchase price in advance, the delivery times will be calculated from receipt of the advance payment.

    3.2 For technical reasons, it cannot be ruled out that products in the online shop are marked as available 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 email. In this case we will refrain from issuing 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 you the purchase price free of charge via the payment method you used to make the payment.

    3.3 We currently only deliver to customers within the European Union. If delivery is to be made to another country, please note the information provided during the ordering process and in Chapter 5 of these General Terms and Conditions.

    3.4 If goods are delivered with obvious damage, we ask you to report the damage immediately to the carrier and contact us as quickly as possible. Please inform us of any hidden defects as soon as possible after they are discovered. As a business customer, you must inform us in good time to maintain your rights.

    4 Right of withdrawal

    4.1 Consumers generally have a right of withdrawal.

    4.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

    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 the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded, unless the law of the country in which the consumer has his or her habitual residence , provides a right of withdrawal.

    5 Prices and payment terms

    5.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax (VAT). Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.

    5.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place 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 to process 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 flat rate for every direct debit or credit card payment that is not redeemed or returned, unless the customer proves that he is not responsible for the event that caused the damage. 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 seller's online shop.

    5.7 When paying using a payment method offered by PayPal, payment is 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 and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full.

    5.8 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deductions within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method 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 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. The amount of shipping costs will be shown during the ordering process.

    6.2 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or company otherwise designated to carry out the shipment .

    6.3 If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold, even for consumers, passes to the customer as soon as the seller has delivered the item to the freight forwarder, the freight carrier or the person or company otherwise designated to carry out the shipment, if the customer commissions the freight forwarder, the freight forwarder or the person or company otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or company to the customer.

    6.4 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can pick up the goods at the seller's headquarters after consultation with the seller. In this case, no shipping costs will be charged.

    6.5 In the event of a cancellation, you must bear the direct costs of the return.

    7 Retention of title

    7.1 The seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.

    7.2 The seller reserves ownership of the delivered goods from entrepreneurs until all claims from an ongoing business relationship have been settled in full.

    7.3 If the customer acts as an entrepreneur, he is entitled to resell the reserved goods in the normal course of business. The customer assigns all resulting claims against third parties to the seller in advance in the amount of the respective invoice value (including sales tax). This assignment applies regardless of whether the reserved goods were resold without or after processing.

    The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims himself remains unaffected. However, the seller will not collect the claims as long as the customer meets his payment obligations to the seller, does not default on payments and no application has been filed to open insolvency proceedings.

    8 Warranty

    If the goods or services are defective, the statutory warranty regulations apply. Deviating from this:

    8.1 For entrepreneurs

    • In the case of insignificant defects, the seller has the choice of how to remedy the defect;
    • When purchasing used goods, rights and claims due to defects are generally excluded;
    • The statute of limitations does not begin again if a replacement delivery is made within the scope of the warranty.

    8.2 The limitations of liability and shortening of the limitation period stipulated above do not apply

    • for damages resulting from injury to life, body or health or damages that are 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 in accordance with § 377 UGB applies to entrepreneurs, otherwise they can no longer assert claims for warranty, compensation for damages due to the defect itself or due to an error as to whether the item is free of defects.

    9 Liability

    The seller is liable to the customer for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

    9.1 The seller is liable without restriction for any legal reason

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

    9.2 Otherwise, liability on the part of the seller is excluded.

    9.3 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.

    10 Cancellation (cancellation) instructions & cancellation (cancellation) instructions & cancellation (cancellation) form for the purchase of goods

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

    11 Installation & technical requirements

    The use of the provider's applications with their full range of functions requires a functioning and continuously existing Internet connection at the installation location. A data connection is still required to fully use the mobile applications. The customer is responsible for providing and maintaining functionality and assuming any costs of the Internet connections.

    12 Data protection

    12.1 The provider acts in accordance with legal regulations for all data processing operations (e.g. collection, processing and transmission). The personal data, orders and operating data of the end devices transmitted by the customer are stored electronically by the provider.

    12.2 Further information about the type, scope, location and purpose of the collection, processing and use of the personal data necessary to execute orders can be found in the provider's data protection declaration.

    12.3 The provider takes state-of-the-art measures to protect the data against unauthorized access. However, it should be noted that, based on the current state of technology, it cannot be completely prevented that third parties may attempt to gain unauthorized access to this data.

    13 Applicable law

    13.1 The law of the Republic of Austria applies to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

    13.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded, unless the law of the state, 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 in which a consumer is involved.