Terms and Conditions
§ 1 - General
Our deliveries and services are subject to these terms and conditions. Other terms and provisions relating to our buyers is now contradicted. Terms and conditions of our buyers are committed only if we have expressly accepted them in writing and binding. The contract language is German.
§ 2 - Offer and contract conclusion
First All product e.g. Illustrations, drawings, dimensions and weights are approximate and not binding.
Second Orders we can in writing, by fax, in person, by telephone, electronically, to be submitted by e-mail or Internet. The presentation of products in our online shop is not a legally binding offer, but a non-catalog dar By clicking the "Order" button, enter a binding order in the basket of goods. The confirmation of the order follows immediately after sending the order and does not constitute acceptance of the contract, and we can place your order by sending an order confirmation via e-mail or by delivery of the goods within five days (or for the items specified delivery time ) accept.
§ 3 - Contents
Structural or design changes that are attributable to the improvement of technology or required by law shall remain during the delivery period, provided the object of delivery is not significantly changed and the changes are reasonable for the customer.
§ 4 - Packing and Shipping
First Packaging shall become the property of the buyer and us not calculated separately. Postage and shipping charges will be billed separately. The mode of shipment is at our discretion. If the customer is not a consumer, supply and shipment is made at his own risk.
Second Deliveries are made at the expense of the purchaser. Freight and other shipping costs will be charged to the buyer upon delivery charge. We select the most economic method. Partial deliveries are, if not avoided, permitted. If the seller did not cause disruptions, strikes or natural disasters or other cases of force majeure or non-delivery of the suppliers of the seller may abolish the obligation to deliver when it has become impossible. This only occurs a delay in delivery one, there was still a delivery obligation of the seller and the purchase obligation of the buyer. In the above cases, the seller is not for damages for breach of contract or obligation for delay, even after the expiry of a deadline set by the buyer about. In the case of a return that is not made within the following cancellation right, borne by the sender, the return costs and the risks involved.
Third Any obvious defects, shortages or incorrect deliveries must be made immediately, not later than within 3 working days after delivery, in each case, before starting with us in writing. Where complaints are justified at the discretion of the seller repair, replacement or refund for defective parts of the bill.
§ 5 - Payment
First For delivery within Austria and Germany, the payment may be made by credit card (Mastercard / Visa), PayPal or cash on delivery. For delivery abroad can be paid either by credit card (Mastercard / Visa) or PayPal. The charge of your credit card / PayPal account directly to the checkout.
Second Interest will be charged at 7% per annum above the 3Monats Eurolibor. They are higher or lower, if we are charged a higher interest rate or if the buyer can demonstrate a lower rate.
Third If the buyer is in a more effective warning, or failure to comply with a contractually specified payment date on the calendar will be in default for any further warning, € 5, - made in lump sum accounts.
§ 6 - Warranty
We assume in the following manner, the liability for defects in the purchased items:
First With our products we are making within the statutory period of 24 months from delivery to be responsible for the lack of freedom of the delivered goods. The guarantee applies to the state of things upon delivery. Subsequent losses due to normal aging, wear or excessive use of it are not covered. This is especially true for wear and consumable parts such as ball bearings, cranks, shafts, etc.. Within the first six months of the warranty period is a presumption that an injury occurring is due to a deficiency in the existing supply. The presumption can be rebutted, for example when a part has accident damage or opened and / or unprofessionally rebuilt or repaired.
Second Obvious defects must be to protect us promptly notified of the warranty claim, but not later than one week after receipt of the goods to be dispatched within the deadline period is sufficient. In as far as we are responsible for the defect in the goods, we are entitled, at our option to repair or replacement. If we are to repair or replacement is not willing or able, especially if this is delayed over the appropriate time limit for reasons that we are responsible, or if in any other way fails to repair or replacement, the customer holds the choosing the right to demand cancellation of the contract or reduce the purchase price.
Third The cost of repair (or replacement) will be borne by us. In the case of a return to allow enforcement of warranty claims the buyer has to choose in terms of shipping used by us for the shipping and delivery vorzustrecken the shipping costs, which shall be refunded to him in case of justified complaints against presentation of shipping receipt.
4th Warranty obligations shall not apply if the failure or damage is caused by the fact that the buyer has not complied with the rules governing the treatment, care and maintenance of the purchased goods, such provisions relate primarily to the instructions and the separately attached maintenance instructions.
5th Natural wear is excluded in any case covered by the warranty.
6th Unless otherwise stated below, further claims of the customer - for whatever reasons - are excluded. We are not responsible for damage not caused to the goods themselves, in particular, we are not liable for lost profits or other financial damages of the customer.
7th The foregoing indemnity shall not apply if the damage was caused by intent or gross negligence. It also does not apply if the customer due to lack of a guaranteed property damage claims for non-fulfillment makes. It also does not apply to claims under § § 1, 4 Product Liability Act. The same applies for initial inability or impossibility.
8th Insofar as our liability is excluded or limited, this also applies to the personal liability of our officers, employees, representatives and agents.
9th For damages suffered by the delivered goods in transit, which adheres to the transportation company contracted. Should the buyer discover damage after unpacking the delivered goods, even if the outer packaging is not damaged, it can claim from them within 3-5 days from the shipping company and record the facts. Such report must be made, even if the packaging is undamaged and the damage is detected only at home or out of the box was. Only after complaints and facts from the transport company and make a notification within 7 calendar days after receipt of goods to us, the buyer can make claims asserted against us.
§ 7 - Retention of title
First We retain ownership of the purchased items (reserved goods) until full payment of the purchase price.
Second In breach of contract, especially in case of default, we are entitled to recover after a warning and the buyer agrees to surrender.
Third The assertion of the title and the seizure of the goods supplied by us shall not constitute a withdrawal from the contract, provided that the stipulations of the Consumer Credit Act are applicable, or as expressly stated in writing by us.
4th The purchaser may pledge the purchased goods, nor for security. In case of seizure, confiscation or other dispositions of the reserved goods by third parties, the buyer must inform us immediately and provide us with all information and documents available that are necessary to protect our rights. Enforcement officers and third parties must be informed of our property.
§ 8 - Place of performance and jurisdiction
First Performance is in Linz, Upper Austria.
Second For all out of the contractual dispute is when the customer is a businessman, a legal entity under public law or public law special fund to raise the complaint with the court which is responsible for our headquarters. We are also entitled to sue at the headquarters of the customer.
Third Only Austrian law to the exclusion of the laws governing the international sale of goods, even if the purchaser is domiciled abroad.
§ 9 - Other
Should a provision be or become invalid, then the validity of other provisions.
§ 10 - Delivery to non-EU countries
For deliveries to non-EU countries are subject to additional duties, taxes and fees.
§ 11 - Withdrawal
You can cancel your contract within two weeks without giving reasons in writing (eg letter, fax, e-mail) or - if the goods are delivered before the deadline - by returning the goods. The time limit begins after receipt of this notice in written form, but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first installment). The revocation period is sufficient to send the revocation or the goods. The revocation must be sent to:
Stefan Zangenfeind
Mickstetten 15
A-4490 St. Florian
Tel.: 0043-(0)699-190 27 301
e-mail: office@fishernator.com
Consequences
In the case of an effective withdrawal, the mutually received benefits and any benefits (eg interest) surrendered. Can you give us the performance received whole or in part, only in a deteriorated condition, you must pay us compensation for the value. With the release of things this does not apply if the deterioration is exclusively due to its inspection - as they would in a retail store - is due. In addition, you can avoid the obligation to pay compensation for a purpose by the deterioration of the goods caused by the goods as your property and anything that could reduce its value. Transportable items are to be returned at our expense and risk. You have to bear the costs of return if the delivered goods ordered or performed at the time of the revocation yet the return or a contractually agreed partial payment. Otherwise, the return is free of charge. Not parcel things are picked up. Obligations to reimburse payments must be made within 30 days. The time limit begins for you when you send your cancellation or the goods, for us upon receipt.
End of withdrawal.
§ 12 – Delivery-Conditions
Shipping EU:
Generally we ship our goods by parcel post or with programs that exceed the total weight of 31.3 kg per shipment by carrier and carriage.
The selection of the transport service is our responsibility alone. A collection of the goods at our facility is not possible.
SHIPPING USA, CANADA, AUSTRALIA, RUSSIA and all other countrys outside of EU:
Deliveries to countries outside European Union
All products outside European union will be charged WITHOUT 20% VAT. That means a product that costs 100,00 Euro in the shop will be sold
for 83,33 Euro netprice!
IN THESE COUNTRYS ONLY PACKAGES UNTIL MAX. LENGTH OF 100 cm can be shipped with STANDARD shipping!
STANDARDSHIPPING WITH AUSTRIAN POST: Leadtime: 10-15 days
IF YOU WANT EXPRESS-DELIVERY PLEASE get in CONTACT WITH US!
Shipping to USA, CANADA, AUSTRALIA, RUSSIA
up to 2 kg package: 22,00 Euro or 28,00 USD
up to 5 kg package: 32,00 Euro or 42,00 USD
YOU CAN ALWAYS CONTACT US BY E-mail IF YOU HAVE QUESTIONS TO YOUR ORDER OR SPECIAL DEMANDS
For deliveries to third countries outside European Union subject to additional duties, taxes (import tax) and fees must be paid by the customer upon receipt of the shipment.
These fees vary depending on the destination country.
The Incoterm for third-country shipments, is DDU - Delivered duty unpaid or DAP (Delivered at places).
The customer explained in the case of an order that he read the shipping and delivery conditions and to have accepted them.
