General Terms and Conditions

§1 Scope of application

1. the following General Terms and Conditions (GTC) shall apply to any business relationship between "DI (FH) Gerwin Andreas MSc." and the customer. These GTC shall apply to any means of communication.

2. the customer recognizes these terms and conditions as exclusive terms and conditions, any other deviating conditions of the customer are not recognized by DI (FH) Gerwin Andreas MSc. unless they have been communicated to the customer in writing by DI (FH) Gerwin Andreas MSc. By concluding a transaction on this website, the customer recognizes the GTCs as the basis of the business relationship.

 

§2 Conclusion of contract and withdrawal

1. the presentation of the products in the online store does not constitute a legally binding offer. By completing the order, a binding order is placed for the goods contained in the shopping cart. We reserve the right to accept your order within 2 working days.

2. contract language is German.

3. all information on the homepage is without guarantee. You have the possibility to withdraw from the contract in case of typing, printing and calculation errors, DI (FH) Gerwin Andreas MSc. also reserves this possibility.

4. the offers are valid while stocks last. We reserve the right to withdraw from the contract in the event of delivery difficulties on the part of our suppliers. You will be informed immediately should this be the case. The purchase price already paid will be refunded to your account within 10 working days. The repayment can be refused if part of the goods have already been delivered until we have received the goods again.

5. below you will find the cancellation policy with all consequences and conditions:

 

Right of withdrawal online store

The statutory withdrawal period for goods purchased in the online store is 14 days, during which time you can withdraw from the contract without giving any reason. This applies from the day on which you or a third party (carrier excluded) have taken possession of the goods or, in the case of partial deliveries, the last goods.

In order to exercise your right of withdrawal, you must inform us (DI (FH) Gerwin Andreas MSc.) by means of a clear statement that you wish to withdraw from the contract.

There is no right of withdrawal for work specially tailored to the customer, e.g. design or shape. Shipping is also excluded for goods that have already been shipped.

 

Consequences of withdrawal

In the event of an effective revocation, you will be refunded all payments, less transportation charges and any PayPal fees that we have received from you. The refund can be refused until the goods are received back, otherwise within 10 working days. The goods must be returned to us immediately.

If the received service and use cannot be returned or surrendered in full or in part or only in a deteriorated condition, you must compensate us for the value. You must only pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. Testing the properties and functionality" means testing and trying out the goods, as is possible in a store.

Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:

- Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection for determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

- Contracts for the supply of sealed goods which, for reasons of hygiene or health protection, are not suitable for return if their seal has been removed after delivery,

- Contracts for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature.

- Contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery,

- Contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.

Agreement on the bearing of costs

Items that can be sent by parcel post are to be returned at your own risk. You bear the direct costs of the return shipment.

END OF THE CANCELLATION POLICY

6. the place of performance for our business transactions is the company location in Salzburg.

§ 3 Delivery

1. unless otherwise agreed, delivery shall be made to the delivery address specified by the customer.

2. the individual delivery conditions and delivery costs can be found in the corresponding detailed information on the information page.

3. if delivery to the customer is not possible because the customer is not found at the delivery address provided by him or the delivery address was not correctly specified, the customer shall bear the costs for the unsuccessful delivery.

4. delivery is ex warehouse, which is also the place of fulfillment of the delivery. The risk is transferred to the customer when the goods are handed over to the customer.

5. DI (FH) Gerwin Andreas MSc. shall not be responsible for delays in delivery and performance due to force majeure. Events of force majeure shall entitle DI (FH) Gerwin Andreas MSc. to postpone the delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled. Force majeure shall include strikes, natural disasters, war, blockades, export and import bans and other sovereign interventions, regardless of whether they occur at DI (FH) Gerwin Andreas MSc. or at a supplier of DI (FH) Gerwin Andreas MSc.

6. we must inform the customer immediately of the occurrence of an event of force majeure that will hinder an imminent delivery.

7. in the event of damage caused by delivery services, the customer is obliged to report this to us immediately after accepting the parcel. Furthermore, the damage must be reported directly to the parcel deliverer. The original packaging and the product must be kept until the parcel service has inspected it. Only after the inspection has been completed by DI (FH) Gerwin Andreas and the parcel service can the amount be refunded or the goods exchanged.

§ 4 Due date and payment, default

1. all product prices of DI (FH) Gerwin Andreas MSc. are gross prices, include the statutory value added tax and are shown in Euro (€). The prices are valid at the time of the order including VAT, plus all expenses incurred with the shipment until further notice. DI (FH) Gerwin Andreas MSc. shall not be liable for any customs duties incurred when shipping to Switzerland. In some countries, exchange rate differences may occur if payment is made in a different currency. DI (FH) Gerwin Andreas MSc. calculates with the exchange rates of the European Central Bank.

2. For customers from countries outside the EEA, DI (FH) Gerwin Andreas MSc. shall deduct VAT. The deduction of country-specific import and sales tax is the responsibility of the customer and is not the responsibility of DI (FH) Gerwin Andreas MSc. Any customs duties incurred shall be paid by the customer.

3. the purchase price is due immediately with the order.

4. the customer can pay the purchase price in advance and in cash.

5. if the customer is in default of payment, DI (FH) Gerwin Andreas MSc. shall be entitled to charge interest on arrears at a rate of 5% above the base interest rate p.a. announced by the Austrian National Bank. If DI (FH) Gerwin Andreas MSc. has incurred a higher damage caused by default, DI (FH) Gerwin Andreas MSc. shall be entitled to claim this.

 

§ 5 OFFSETTING, RETENTION

1. the customer shall only be entitled to set-off if his counterclaims have been legally established or recognized by DI (FH) Gerwin Andreas MSc. The customer shall only be authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.

§ 6 RETENTION OF TITLE

1. all our deliveries and services are subject to retention of title. The delivered goods shall remain the property of DI (FH) Gerwin Andreas MSc. until all claims against the customer have been settled in full.

§ 7 WARRANTY

1. the warranty period shall be in accordance with the statutory provisions. This is 2 years and begins from the time of receipt of the goods.

2. claims against DI (FH) Gerwin Andreas MSc. arising from a manufacturer's warranty that may go beyond warranty claims are excluded to the extent permitted by law. The customer shall only be entitled to claims under a manufacturer's warranty against the manufacturer who has promised the warranty.

(3) The warranty does not cover normal wear and tear or wear and tear through use.

4. if there is a defect in the purchased item for which DI (FH) Gerwin Andreas MSc. is responsible, DI (FH) Gerwin Andreas MSc. shall be entitled, at its own discretion, to remedy the defect or to make a replacement delivery. If DI (FH) Gerwin Andreas MSc. is unwilling or unable to remedy the defect/replacement delivery or if this is delayed beyond a reasonable period of time for reasons for which DI (FH) Gerwin Andreas MSc. is responsible, or if the remedy of the defect/replacement delivery fails in any other way, the customer shall be entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price. Surfboards are handmade and may have slight deviations (up to 3% of the ordered dimensions) or minor visual defects or color differences, this does not constitute a defect.

5. if a warranty claim arises for a product purchased in the online store, the customer may return the goods to the contact address provided. If it turns out that there is no defect subject to warranty, DI (FH) Gerwin Andreas MSc. shall charge the customer for the expenses incurred.

6. compensation for (consequential) damage, as well as other property damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded.

§ 8 LIABILITY

1. further claims of the customer against DI (FH) Gerwin Andreas MSc. than the warranty claims regulated in § 7, in particular claims for damages, are excluded to the extent permitted by law. DI (FH) Gerwin Andreas MSc. shall therefore not be liable for damages that have not occurred directly to the delivery item itself and in particular not for loss of profit or other financial losses of the customer. Insofar as the liability of DI (FH) Gerwin Andreas MSc. is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

2. the limitation of liability under § 8 para. 1 shall not apply if the cause of the damage is based on intent or gross negligence or if personal injury is involved.

3. DI (FH) Gerwin Andreas MSc. shall not be liable for ensuring that the services offered by its website are accessible without interruption or that stored data is preserved.

4. surfing in the sea, in wave systems and especially in the river poses great risks. Incorrect behavior or improper use of the sports equipment can result in injury or even death. DI (FH) Gerwin Andreas MSc. is not liable for this. Please inform yourself about the current rules and state of the art. Stay Safe!

§ 9 LINKS AND REFERENCES

1. the links set by DI (FH) Gerwin Andreas MSc. to external pages are only signposts to these pages.DI (FH) Gerwin Andreas MSc. does not identify with the content of the pages to which reference is made and assumes no liability for them.

§ 10 INFORMATION OBLIGATIONS

1. the customer is obliged to provide truthful information when placing the order. If the customer's data changes, in particular name, address, e-mail address, telephone number, the customer is obliged to inform DI (FH) Gerwin Andreas MSc. of this change immediately by changing the information. If the customer fails to provide this information or provides incorrect data from the outset, in particular an incorrect e-mail address, DI (FH) Gerwin Andreas MSc. may withdraw from the contract if a contract has been concluded.

§ 11 APPLICABLE LAW AND PLACE OF JURISDICTION

1 Austrian law shall apply.

2. all legal transactions between DI (FH) Gerwin Andreas MSc. and the customer shall be governed exclusively by Austrian law, to the exclusion of its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods, provided that there are no mandatory statutory provisions to the contrary.

3. for consumers within the meaning of Art. 5 EVÜ, their national mandatory consumer protection provisions shall apply, unless the respective Austrian provisions are more favorable for the consumer.

4. if the customer has no general place of jurisdiction in Austria, moves his domicile or habitual residence abroad after conclusion of the contract or his domicile or habitual residence is unknown at the time the action is brought, Salzburg shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.

5. if the customer is domiciled or habitually resident in Austria or is employed in Austria, only the court in whose district the domicile, habitual residence or place of employment is located shall have jurisdiction for legal action against him in accordance with §§ 88, 89, 93 para. 2 and 104 para. 1 JN. This does not apply to legal disputes that have already arisen. For any legal disputes arising from the contract, the mandatory consumer law provisions at the customer's place of residence shall also apply to the contractual relationship.

§ 12 Data protection

Privacy policy in accordance with Articles 13 and 14 GDPR

We process your personal data that fall under the following data categories

Name/company,

profession,

Date of birth,

company register number,

Powers of representation,

contact person,

Business address and other addresses of the customer,

Telephone number, fax number, e-mail address,

bank details, credit card details,

VAT number,

...

You have voluntarily provided us with data about yourself and we process this data on the basis of your consent for the following purposes:

Customer care and

for our own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of referring to the existing or previous business relationship with the customer (reference).

You can revoke this consent at any time. If you withdraw your consent, we will no longer process your data for the above-mentioned purposes from that point on. To withdraw your consent, please contact:

DI Gerwin Andreas MSc.

Hans-Seebach-Str.10

5020 Salzburg

00436642059785

office@delight-alliance.com

The data provided by you is also required to fulfill the contract or to carry out pre-contractual measures. Without this data, we cannot conclude the contract with you.

We store your data until further notice.

We use processors for this data processing.

We pass on your data to the following recipients or categories of recipients.

Your data will also be processed, at least in part, outside the EU or the EEA. The appropriate level of protection results from an adequacy decision of the European Commission in accordance with Art. 45 GDPR.

You can reach us at the following contact details:

DI Gerwin Andreas MSc.

Hans-Seebach-Str.10

5020 Salzburg

00436642059785

office@delight-alliance.com

Information on legal remedies

In principle, you have the rights to information, correction, deletion, restriction, data portability and objection. Please contact us for this. If you believe that the processing of your data violates data protection law or your data protection rights have been violated in any other way, you can lodge a complaint with the supervisory authority. In Austria, the data protection authority is responsible.

 

§ 13 SEVERABILITY CLAUSE

1. if individual provisions of this contract become invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by enforceable and effective provisions whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall also apply in the event that the contract proves to be incomplete.