§ 1 Area of validity

 

The business relationship between the sole trader Helmut Glinik (referred to simply as scubastore24/Tauchsport TSG in the following) and the purchaser is subject exclusively to the general terms and conditions stated below in the respective version valid at the time of ordering.

scubastore24 (Tauchsport TSG) does not recognise any divergent terms stipulated by the purchaser, unless scubastore24 (Tauchsport TSG) has agreed to the amendment in writing.

§ 2 Conclusion of contract

 

Your order represents a binding offer to us to enter into a purchase agreement. When you place an order with scubastore24 (Tauchsport TSG) we will send you an e-mail confirming the receipt of the order and listing the details included in the order (order confirmation). This order confirmation does not represent an acceptance of your offer, but simply informs you that your order has been received. A purchase agreement is established when we dispatch the goods to you and confirm this to you in a second e-mail (shipping confirmation). Products from one and the same order that are not listed in the shipping confirmation are not subject to the purchase agreement. The contractual partner is the sole trader Helmut Glinik.

 

§ 3 Right of withdrawal, exclusion of revocation

 

Power of revocation for purchasers from Austria

 

Consumers have the right to withdraw with respect to goods purchased as stipulated in the regulations provided by §§ 5a ff of the Consumer Protection Law. Consumers can return the items received within 7 working days without stating reasons by return shipment of the goods. The deadline starts no sooner than when the goods, together with these instructions in writing, are received. In the case of goods that cannot be shipped in package form (e.g. bulky items) the return shipment can be announced by making a written request that the goods be taken back, either by letter, fax or e-mail. In order to remain within the deadline it is sufficient to send the items or the notice of withdrawal in a timely manner. The return shipment or the notice of withdrawal must be sent to: Tauchsport -TSG, Proprietor Glinik Helmut, Welzeneggerstr.80, 9020 Klagenfurt, Austria, e-mail.: tsg@chello.at. The right of withdrawal is granted in accordance with § 5f of the Consumer Protection Law and does not apply to contracts for the delivery of goods made specifically to the customer’s specifications or clearly tailored to the customer’s personal needs, goods that are not suitable for return shipment due to their composition, could quickly decay or where the use-by-date has been exceeded, the delivery of audio or video recordings or software, where the data volumes shipped have been unsealed by the customer or the delivery of newspapers, journals and illustrated magazines. In the case of a valid revocation each party shall return the received services and, if applicable, any derived benefits (e.g. compensation for use). If the consumer is unable to return the received goods in their entirety or partially, or the goods are returned in a deteriorated condition, an obligation for value replacement may be applicable. This does not apply to wear and tear caused by usage that complies with the intended mode of utilisation.

Furthermore, when the consumer is unable to return the received goods in their entirety or partially, or the goods are returned in a deteriorated condition, the obligation to pay a compensation does also not apply if the deterioration of the item is due to a testing procedure, that could have been carried out if the purchase had been made in a retail store. In Austria the following applies to unused goods in their original packaging: Right to return within 7 working days. Saturdays do not count as working days. There is a 2-year guarantee in accordance with EU law. End of cancellation terms and conditions.

 

Power of revocation for purchasers from Germany

In accordance with the provisions of the Distance Selling Act consumers have a right of withdrawal with regard to purchased goods according to the following instructions: Any consumer has the right to revoke his/her contractual statement in writing, without stating reasons, within 1 month of receipt of the goods (e.g. letter, fax or e-mail) or by returning the goods. The time limit starts when the written instructions are provided to the customer (not before) and no sooner than the date of the receipt of the goods. To meet the deadline it is sufficient to send the revocation or the item in a timely manner. The revocation should be addressed to: Tauchsport-TSG, Proprietor Glinik Helmut, Welzeneggerstr.80, 9020 Klagenfurt, Austria, e-mail.: tsg@chello.at. The right to revocation is granted in accordance with § 312 paragraph 4 of the Civil Code and, amongst others, does not apply to contracts for the delivery of goods that have been specifically made according to customer specifications or have clearly been tailored to personal requirements. In case of a valid revocation, both parties have to return the received goods as well as any derived benefits (e.g. interest). If the consumer is unable to return the received goods in their entirety or partially, or the goods are returned in a deteriorated condition, an obligation for value replacement exists. This does not apply to the surrender of goods where the deterioration of the item can be exclusively attributed to a testing procedure that could have been carried out, if the purchase had been made in a retail store. Items that can be packaged should be sent back; items that cannot be packaged are collected from the consumer. The consumer bears the cost of returning the goods, if the delivered goods correspond to the goods ordered and the price of the item does not exceed an amount of EURO 40.- or, where the price is higher, if the consumer has not made full or contractually agreed partial payment in return for services rendered at the time of revocation. In all other cases the return is free of charge for the consumer.

End of cancellation terms and conditions.

 

For overseas purchasers the respective Consumer Protection Regulations of the purchaser’s country are applicable. There is a 2-year guarantee in accordance with EU law.

 

§ 4 Delivery

 

Except when otherwise stipulated, the delivery is made from the stock of scubastore24 (Tauchsport TSG) to the delivery address provided by the customer. As a rule, goods are shipped immediately, and at the latest within 5 working days.

If scubastore24 (Tauchsport TSG) is unable to ship the ordered goods, the customer will immediately be informed that the ordered item is not available. In this case both scubastore24 (Tauchsport TSG) and the customer are entitled to cancel the purchase contract, if no later delivery date has been agreed.

Refusal of acceptance
A refusal of acceptance occurs if the customer refuses to accept the delivery without obvious cause. In this case scubastore24 (Tauchsport TSG) is entitled to retain the shipping fee and 25 % of the pre-tax order value. The return shipping costs are charged to the customer.

§ 5 Settlement date, terms of payment, default

 

The customer can pay the purchase price by prepayment, Paypal, collection by the customer (cash payment) or cash on delivery.

Payment options

Prepayment/Paypal: In the case of prepayment the customer makes the payment upon completion of the order and before the goods are shipped. An Austrian account has been established for this purpose. Once the payment has been received, the goods are shipped (as described in § 4 above). Unjustifiable deductions will not be allowed. Any transfer fees or other bank fees incurred must be paid by the customer.

Cash on Delivery: Cash on delivery is only valid within Austria. In addition to the shipping costs there is currently a Cash on Delivery charge of € 4.- .

Cash payment with collection by customer: There are no shipping costs when goods are collected by the customer. To ensure that the goods are ready for collection, a date for collection should be arranged in advance by e-mail or phone.

In the course of the purchase transaction you will receive all the information you need in order to make a transfer. We provide details of the IBAN- und BIC-Code for overseas customers, allowing a swift and inexpensive EU-transfer. A transfer e.g. from Germany to Austria costs no more than a Germany to Germany transfer, provided that IBAN + BIC/Swift is used  !!!

The statutory VAT rate of 20% is included in my offers and is shown separately on my invoices. 

If payment is delayed it is the customer’s duty to reimburse to scubastore24 (Tauchsport TSG) any reminder fees and collection fees incurred in asserting our legal rights. scubastore24 (Tauchsport TSG) is entitled to cancel the contract when payment continues to be delayed despite several reminders. If we exercise our right to cancel the contract, the goods must be returned to us without delay. scubastore24 (Tauchsport TSG) will refund to the customer the value of the goods less depreciation and reminder and collection charges.

 

§ 6 Retention of title

 

All goods are delivered by us subject to the retention of title and remain the property of scubastore24 (Tauchsport TSG) until full payment is made. It is the duty of the customer to treat the goods with care for the duration of the retention of title. If maintenance and inspection procedures are required, these must be carried out regularly at the customer’s own expense. The customer is required to inform us immediately and in writing of any access to the goods made by a third party, particularly in the case of foreclosures as well as possible damage to or destruction of the goods. A change of ownership of the goods and the change of the customer’s own address must be made known to us immediately. It is the customer’s duty to repay any damages and costs that are incurred by a breach of these duties and by measures of intervention required when third parties access the goods. We are entitled to cancel the contract and demand the return of the goods when the customer’s behaviour is in breach of the contract, and in particular when the customer is in default of payment. We are further entitled to cancel the contract and demand the return of the goods when the above provisions have been breached and a continued adherence to the contract is no longer reasonable.

§ 9 Damages in transit

 

The goods must be inspected for possible damages incurred in transit immediately upon receipt. Where there is visible external damage, this must immediately be recorded in the protocol of the delivery staff. The transport damage must be pointed out to the delivery staff (postal or parcel service) immediately at the time of delivery, must be recorded in the protocol und reported in writing and by recorded delivery letter or by e-mail without delay to the transport company and to scubastore24 (Tauchsport TSG). By signing the delivery slip for the package the customer recognises a damage-free delivery (this also applies to the receipt of the package by third parties). Subsequent claims arising from transport damages cannot be admitted. Exceptions apply to latent defects due to damage in transit. These must be reported in writing to the transport company and to scubastore24 (Tauchsport TSG) within 48 hours of discovery.

 

§ 10 Data protection, copy right

scubastore24 (Tauchsport TSG) is committed to handling all data from business transactions confidentially in accordance with the Data Protection Act and will not pass any data on to third parties. The customer grants his/her approval that personal data included in the purchase contract is stored and processed by partially automated processes during the fulfilment of the contract. All logos, photos, proper names etc. remain the intellectual property of the respective company, manufacturer or scubastore24 (Tauchsport TSG). The customer does not receive any utilization rights or exploitation rights of any kind.

§ 11 Place of jurisdiction and legal venue

The place of jurisdiction and legal venue for mutual claims is Klagenfurt. The Austrian court appropriate geographically and factually to our registered office in Klagenfurt is agreed as court of jurisdiction for all disputes arising indirectly from the contract. If the customer is a consumer, this place of jurisdiction is only deemed agreed if the customer’s permanent place of residence, habitual residence or location of employment is situated in this administrative district, or if the customer lives abroad.

The application of Austrian law is agreed. The terms of the Uniform Law on the International Sale of Goods do not apply. The contractual language is German.

§ 12 Packing retirement reference

The packing materials supplied by us are retired predominantly Vorverpackungen and already of the manufacturer of the supplied goods, with new packing - brought by us into the circulation - are retired these with the collecting and utilization system ARA.

§ 13 Information to battery regulation (BattVO)

Last one the latter (= consumer) have the right old equipment batteries and - accumulators to return to be able, Last one the latter (= all, which are built to batteries or devices already in those of the manufacturer/importer batteries, acquisition-moderately offer to last one the latter) have a free 0:1 cancelling obligation (fundamental no quantitative restriction) As last one the latter we lead the used batteries a collect u. Utilization system too.