Terms and conditions
Nature experience fly fishing and outdoor
Principal office: Kindberg
Legal form: sole proprietorship
Proprietor: Armin Pijawetz
VAT number: ATU 45049102
Trade law: Trade, commerce and industry regulation act
Member of the Austrian Federal Economic chamber, branch: commerce, professional group: foreign commerce
Pijawetz customer service:
phone: +43 (0)676 83388 100
fax: +43 (0)3865 31690
By placing an order, I agree to the terms of sale and delivery.
The following document is a translation of the original German General Terms and Conditions. It is provided for information purposes only. The German version of the General Terms and Conditions shall be exclusively binding.
I. GENERAL SCOPE
- The following general terms of business shall apply to all transactions between us and the customer. The version in force when the contract is concluded shall take precedence.
- Consumers in the sense of these terms are consumers according to the consumer protection law and thus any natural person or legal entity who is no entrepreneur.
- Companies in the sense of these terms of business are private individuals or legal entities or partnerships with legal capacity with whom we enter into a business relationship and who act as part of their commercial or freelance business activities. Enterprises are all organizations which carry out commercial and autonomous professional activity on a continuing basis even if non-profit. Customers in the sense of these terms of business include both consumers and companies.
- Different, contradictory or supplementary general terms of business shall not become an integral part of the contract, even if we are aware of them, unless we expressly agree to their validity in writing.
- II. CONTRACT CONCLUSION
- Our offer is subject to change and non-binding. Technical as well as other changes in a reasonable manner may be subject to change.
- The placement of the order shall be considered a binding offer to conclude a contract. We will promptly confirm the receipt of your order. The confirmation of receipt shall not constitute a binding acceptance of the order.
- We shall be entitled to accept the contract offer inherent in the purchase order within five workdays.
- We are entitled to refuse acceptance of the order – for instance after a credit check. We are entitled to reduce the order to quantities, suitable for an average household.
- The conclusion of the contract is carried out under the reservation that in case of incorrect or undue self-supply that it will not or only partly be performed.
- In case of non-availability or only partial availability of a performance the customer will be informed without delay. The money will be refunded promptly.
- It is possible to close this contract in German or English language. For order and business language German or Englisch can be selected as well.
- In case of typing, printing or arithmetic errors on the website the Armin Pijawetz company is entitled to rescission of the contract.
- Pursuant to article 9 ECG we inform the customer that the wording of the contract will be stored after the conclusion of the contract.
- III. RIGHT TO CANCEL
- Pursuant to article 5e consumer protection act the consumer has the right to cancel the contract within 14 days from consumer’s receipt of delivery or conclusion of service contracts. Saturday is not considered a business day. The cancellation of the contract can be carried out without stating reasons but is to be made in writing. To meet the deadline, timely dispatch shall suffice. The right to cancel is not valid in case of electronic delivery as file of the merchandise. In addition to this the right to withdrawal shall not apply to audio and video recordings or to software provided that the delivered data carriers were unsealed by the consumer. Excluded from the right to cancel are books, DVDs and goods manufactured to the customer’s specification.
- When exercising his right to cancel the consumer is obliged to return the goods if they can be shipped in parcel form. When exercising the right to cancel the consumer has to reimburse the costs. Any loss of value caused by using the goods over and above the examination must be compensated by the consumer.
- IV. REVOCATION INSTRUCTION
- The consumer has the right to revocation. The revocation period commences the day following the receipt of this revocation instruction in text form. You may declare the revocation of your contractual statement within a period of 14 days after the receipt of the goods. The revocation does not have to contain any grounds and may be declared in text form or by returning the merchandise. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment to:
Parcels ready for shipment have to be returned complete, that is inclusive all accessories, instruction manuals and original packing, at least, however, with appropriate transport packaging. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered. The right of revocation does not apply on contracts for the supply of goods produced according to customer specifications or for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer or goods clearly tailored to personal needs. In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. The goods may be tested as would be possible in a retail store. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. Besides, the customer can avoid the obligation to compensate for the decrease in value due to an impairment resulting by not using the goods as if they were his property and by avoiding any action that might impair the goods. Compensation for the decrease in value in case of impairment can be due if the goods or accessories are damaged, if parts of the goods are missing or in case of disproportional contamination.
- V. DELIVERY
- Unless otherwise agreed, the delivery is made to the shipping address specified by the customer.
- The delivery is carried out via GLS or via Austrian mail service. For detailed information on conditions of delivery and shipping charges, use the following link to our information site.
- If a delivery to a customer cannot be carried out as the customer is not met at the delivery address although delivery time was announced to the customer at a reasonable period of time in advance or the delivery address was provided incorrectly, the customer must bear the costs for the unsuccessful delivery.
- In case of contracts with customers in non-EU countries the customer shall pay all import and export duties as well as all other applicable tolls and taxes. If unforeseeable events or circumstances, or events or circumstances that are independent of the will of the parties, such as, for instance, any event of force majeure, occur within our sphere of influence, impeding compliance with an agreed delivery period, such delivery period shall be extended at least by the period during which such circumstances or events persist. Such circumstances and events include, in particular, strikes, armed conflicts, prohibitions by the authorities, delays in transport and customs, occurring in our sphere of influence or the sphere of influence of one of our sellers.
- In any case we shall immediately notify our customers in case of the occurrence of an unforeseeable event.
- We deliver to all European countries, in which certain non- EU countries require specific security checks before the delivery may be carried out. The customer will be informed about this in advance.
- VI. PAYMENT TERMS
- All our prices are daily prices and are valid until revoked. All prices are subject to change. We reserve the right to make alterations at any time. All the prices offered include VAT. Customers will not incur additional costs by using means of telecommunication for their order. Payment is possible by credit card, pre-payment and Paypal. For Paypal payments we store the email and delivery address used for the payment in order to be able to handle the order. We reserve the right to exclude some payment methods.
- Our payment claims are due and payable within 10 days after receipt of the product or service. If no payment has been received until the time the grace period has expired, the customer will be in default of payment. During the default the owed money debt is to bear interest in the amount of 5 percentage points above the base lending rate, by customers, who are consumers. In the amount of 8 percentage points above the base lending rate by entrepreneurs. As against the entrepreneur we reserve the right to verify and assert further damages. The customer undertakes to bear all costs and effort associated with the collection of receivables, in particular collection fees or other costs necessary for an adequate prosecution of the matter.
- The entrepreneur has the right to compensation only if his counter claims are legally recognized or acknowledged by us. The consumer has the right to compensation only in case of our insolvency or counter claim, which has a legal connection to the consumer’s debt, which are legally recognized or acknowledged by us. The customer is not entitled to withhold payments.
- VII. RETENTION OF TITLE
- We, as the vendor of the merchandise retain title until the purchase price has been fully paid. The customer undertakes to treat the goods with care whilst the reservation of title is in force. In case of required maintenance and service work they must be performed regularly at the customer’s own expense.
- The customer must notify us in writing without delay of any attempt by third parties to seize the goods, in particular enforcement measures, and of any damage or destruction suffered by the goods. The customer must notify us without delay of any change of ownership of the goods or a change of his own address.
- The customer must compensate us for all damage and costs incurred as a result of a breach of these obligations and by intervention that may be required to prevent the goods being seized by third parties.
- If the action of the customer breaches the contract, particularly in the event of his being in default with payments, we shall be entitled to withdraw from the contract and demand the return of the goods. In addition, in the event of one of the obligations set out in number 2 being breached, we shall be entitled to withdraw from the contract and demand the return of the goods if we can no longer reasonably be expected to fulfill the contract.
- The company shall be entitled to resell the goods in the course of its normal business activities. It hereby assigns to us all accounts receivable up to the amount of the invoice total which he accrues against a third party by the resale of the goods. We hereby accept this assignment. After the assignment the company shall still be authorized to collect the accounts receivable. We reserve the right to collect the accounts receivable ourselves as soon as the company fails to meets its payment obligations correctly and becomes in default.
- If the company processes the goods, it shall do so in our name and on our behalf. When the goods are processed, we shall accrue co-title to the new goods proportionate to the value of the goods we supplied. The same shall apply if the goods are processed or mixed with other items which do not belong to us.
- VIII. PASSING OF RISK
- The risk of accidental deterioration, loss or destruction shall pass to the customer as soon as the goods have been handed over to the person executing the shipment. Place of payment and fulfillment of all claims is Kindberg
- IX. WARRANTY
- Consumers may choose whether they would like final fulfillment by means of having the goods replaced or reworked if the original goods are faulty. We shall be entitled to refuse the method chosen if it is not possible for us or can only be achieved at disproportionate cost.
- When dealing with companies we shall provide a warranty for defective goods by means of replacement or reworking, at our discretion.
- If the final fulfillment attempt fails, the customer may at his discretion demand a reduction in the purchase price or the cancellation of the contract as well as compensation. In the case of minor defects the customer shall not be entitled to withdraw from the contract.
- Companies must immediately examine the goods for quality and quantity discrepancies and notify us of any obvious defects in writing within a period of three days from receipt of the goods; otherwise no warranty claims shall be accepted. Concealed defects must be notified to us in writing within one week of their discovery. The prompt dispatch of the notification shall be sufficient to meet this deadline. The company shall bear the full burden of proof for all claims, particularly for the defect itself, for the time of discovery of the defect and for the prompt notification of the complaint.
- For consumers the warranty period shall be two years from the date of delivery of the goods.
- For companies the warranty period shall be one year from the date of delivery of the goods.
- For used goods the warranty period shall be one year from the date of delivery of the goods.
- We do not give our customers guarantees in the legal sense. Claims of a manufacturer guarantees have to be asserted by the customer from the manufacturer who issued the guarantee.
- X. LIMITATION OF LIABILITY
- Beyond the application of the product liability law, we shall only be liable if the customer asserts damage claims, which are based on wilful intent or gross negligence.
- Liability for slight negligence, compensation for consequential loss and financial loss, missing savings, loss on interest and damages from third party claims against the customer is excluded in all cases. The above mentioned limitations of liability do not apply to culpable injury to life, body or health of a client. As against consumers the above limitations of liability shall further not apply in case of damages on items handed over to us for treatment.
- We shall only accept liability for our own content on the website of our online shop. If we provide links to other websites, we cannot accept any responsibility for the contents of these websites. We do not accept these external contents as our own. If we are made aware of the illegal contents of external websites, we shall immediately block access to these sites.
- As far as liability is excluded or limited, this also applies for our staff, employees, representatives and sub-contractors
- XI. LINKS AND REFERENCES
- The Pijawetz GmbH company offers links to other websites as signposts to these sites, which are displayed through external links in a new browser windows. The Pijawetz GmbH company does not necessarily endorse the views expressed therein and therefore we do not assume liability. The customer shall be liable for all damages which result from false information on the part of the customer.
- XII. DATA PROTECTION
- In our data protection information we provide the customer with information about the following:
1a. The production, processing and use of personal data requires the consent of the customer. The customer can provide this consent before placing his purchase order. The customer is entitled at any time to revoke this consent with effect for the future.
1b. The type, duration and purpose of recording, processing and using the personal data required for completing purchase orders and for invoices.
1c. His right to appeal against the production and use of his anonymous user profile for the purposes of advertising, market research and for designing our range of products to suit his requirements.
1d. Forwarding data to companies contracted by us and obliged to comply with the statutory data protection regulations for the purposes and for the duration of a credit check and for shipping the goods.
1e. The right to obtain free information relating to his personal data which has been stored by us.
1f. The right to correct, delete and block his personal data which has been stored by us.
- The production, processing and use of personal data requires the consent of the customer. The customer can provide this consent before placing his purchase order. The customer is entitled at any time to revoke this consent with effect for the future.
- XIII. APPLICABLE LAW AND JURISDICTION
- The Austrian law shall apply under exclusion of reference provisions. The provisions of the UN Conventional on Contracts for the International Sale of Goods shall not apply. In the case of consumers who conclude contracts for non-professional or non-commercial purposes, this choice of law shall only apply if the same level of protection is not provided by the laws of the country in which the consumer is normally resident.
- The exclusive place of jurisdiction for all disputes arising from this contract and any legal relations connected therewith shall rest with the company’s local and material Austrian jurisdiction. If the customer is a consumer the place of jurisdiction shall only be considered to be agreed if the client resides in, has his usual domicile or place of employment in the same court district or if the customer lives abroad.
- XIV. SEVERABILITY
- Should any provision of this contract be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provision shall be deemed to be replaced by such valid, effective and enforceable provision as comes closest to the economic intent and the purpose of such invalid, ineffective or unenforceable provision as regards subject-matter. The above-mentioned provisions are also valid in the event the contract shall prove incomplete.
Last update November 22, 2011