GENERAL TERMS AND CONDITIONS FOR CONSUMER TRANSACTIONS (B2C)
Any delivery of goods and services by Nauticast GmbH (hereinafter referred to as "Nauticast" or "we" or "us") shall be subject to the Terms and Conditions set forth herein to the extent no other agreements have been explicitly made. As far as the client’s general terms and conditions are inconsistent with ours, their application shall be subject to our explicit written approval. These general terms and conditions apply to transactions mainly using the website www.nauticast.com as well as for businesses that are conducted using other communication channels.
2 Conclusion of contract
The sales contract is concluded when Nauticast confirms the order in writing or undertakes the delivery of the goods.
3 Right of withdrawal
Please refer to the separate page Information concerning the exercise of the right of withdrawal for detailled information on how and in which cases a withdrawal from a concluded contract is possible.
Unless otherwise agreed any goods will be delivered from the warehouse of Nauticast to the delivery address given by the customer. Information about the delivery deadline is not binding, unless in exceptional cases the delivery date has been explicitly guaranteed by us. The cost and terms of shipment are listed in Delivery terms and costs.
If Nauticast is unable to perform any of its obligations in the absence of fault, Nauticast shall have the right to withdraw from the contract. In this case the customer will be informed immediately that the ordered product is not available and - if Nauticast wishes to rescind - of the exercised right to withdraw. In this case Nauticast will refund any reward received immediately. Any statutory rights of the customer remain unaffected.
If delivery to the customer fails, because he is not available at the stated delivery address, although having been informed of the delivery time reasonably in advance, the Purchaser shall bear the cost of the failed delivery. If the customer does not accept delivery unjustifiedly, the customer shall bear the costs of the unsuccessful delivery, the return transport and a manipulation fee. These costs will be valued at a flat rate of € 30.00 (cancellation fee). The purchaser retains the right to prove lower damages.
If you order products from Nauticast for delivery outside the EU, this may be subject to import duties and taxes, which are levied once the package reaches the destination. Any additional charges for customs clearance must be borne by the customer. We have no control over these charges. Customs regulations vary greatly from country to country, so you should contact your local customs office for further information. Please note that you will be considered an importer with orders from Nauticast and you have to comply with all the laws and regulations of the destination country. Your privacy is important to us and we want to make our international customers aware that cross-border deliveries may be subject to opening and inspection by customs authorities.
5 Payment, default
Deliveries are carried out against pre-payment. Payment methods accepted by us are listed on the page Payment methods.
If a payment is not completed or subsequently cancelled for reasons within the responsibility of buyer, the buyer will bear any resulting costs such as bank charges, handling costs, and judicial and extrajudicial collection costs. In this case Nauticast is entitled to charge default interest at the prevailing Austrian legal interest rate on arrears.
6 Offsetting, retention
The buyer is entitled to offset any counterclaims if and only if they have been legally established or Nauticast has agreed to them. In addition, he is only entitled to exercise a right of retention when his counterclaim is based on the same contractual relationship.
7 Retention of title
The goods delivered remain the property of Nauticast GmbH until full settlement of all claims arising from the business relationship.
8 Warranty, guarantee
All goods are warranted against defects by the corresponding Austrian laws governing warranty rights. In addition to the Buyer's statutory rights, Nauticast offers an extended guarantee for certain products against faulty workmanship and materials. Please refer to our product pages or directly to our sales department. The transfer of any guarantee or warranty claims is ruled out.
If case of defect in the purchased product, Nauticast is entitled at its discretion to remedy in the form of repair or to delivery of a defect-free replacement product. In this case Nauticast will bear the expenses necessary to remedy the defect. If the remedy is accomplished by way of replacement, the buyer is obliged to return the faulty product within 14 days at the expense of Nauticast. If the effort to remedy the defect or provide substitute fails, the purchaser shall be entitled at his option to demand withdrawal or reduction.
The claim for damages for the breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damages. The liability for damages caused by the goods to legal property of the buyer is excluded. As far as the contractual liability of Nauticast is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents. The above limitation shall not apply if the damage is caused by intent or gross negligence or personal injury.
If Nauticast negligently violated a contractual obligation, the obligation to pay damages is limited to the typical damage.
9 Data privacy
For all legal disputes with consumers who have their domicile, habitual residence or place of employment in Austria, the court of jurisdiction shall be the court, in whose jurisdiction the consumer has his habitual residence, domicile or place of employment. For consumers without domicile, habitual residence or place of employment in Austria, the legal jurisdiction will apply.
11 Governing law
Austrian substantive law (excluding the UN Sales law CISG) shall apply exclusively to all legal relations between Nauticast and the Buyer. If another law is applicable due to mandatory statutory provisions, this law applies.
Nauticast GmbH, September 30, 2014
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