Firefin’s General Terms and Conditions
for the sale of goods to consumers (B2C) and entrepreneurs (B2B)
General Terms and Conditions
Valid from: August 2019
- Scope of application
All offers available in our online shop www.firefin.surf and contracts concluded via our online shop are subject exclusively to these General Terms and Conditions in the version valid at the time of ordering. Deviating conditions or general terms and conditions of the customer do not apply unless we have agreed to their validity in writing.
- Contracting party
With your purchase on www.firefin.surf you conclude a contract with:
Tel.: +43 676 483 3715
Hereinafter referred to as "firefin" or "we" or "us.
- Offer and conclusion of contract
3.1 All offers in our online shop are subject to confirmation.
3.2 The selection of goods as well as the ordering process up to the completion of the ordering process takes place via our online shopping cart. As part of the ordering process, we collect your customer, invoice/payment and delivery data, which we require for future contractual performance. If you have already created an account, you can log in to it and use the customer, invoice/payment and delivery data that have already been recorded.
By clicking on the button "buy now" you make a binding offer to conclude a sales contract with us and end the ordering process. We are not obliged to accept this offer. Subject to a statutory right of withdrawal, you are bound to your offer for two working days.
3.3 We will confirm the receipt of your offer by an automatically generated e-mail to the address you have provided ("order placement"). This e-mail does not constitute acceptance of your offer. Please check the details in the order confirmation. If you find an error or change your mind about the order, please let us know within 14 calendar days.
We may accept your offer by confirming the purchase to you by e-mail ("order confirmation") or by sending you the goods purchased.
4. Terms of delivery and delivery periods
4.1 Our offers are open to all customers with a residence or registered office in a member state of the European Union or anywhere else in the world. However, we currently don’t offer delivery of goods to customers in USA, Canada and Australia.
4.2 The delivery periods listed in the online shop on the subpage "Shipping costs and delivery conditions" apply. These are approximate details. If there are any different delivery times for a certain product, then they are listed directly on the product page.
4.3 If customers purchase products from us in their capacity as consumers within the meaning of the Austrian Consumer Protection Act (KSchG) (Business to Consumer / B2C) the delivery takes place by parcel service. If customers purchase products from us in their capacity as entrepreneurs within the meaning of the KSchG (Business to Business / B2B) the delivery takes place by forwarding agency or by parcel service.
For parcel deliveries, it is not possible to select a delivery date and delivery time window during the ordering process.
4.4 We are entitled to execute the order in partial deliveries even without the corresponding request of the customer. In this case, we will bear all additional shipping costs incurred.
4.5 If we are prevented from meeting the delivery deadlines by force majeure (e.g. strike, natural disasters) or other circumstances for which we are not responsible, we will inform you as soon as possible. The delivery period shall be extended by the duration of these events.
- Prices, shipping costs, Terms of Payment
5.1 The prices quoted in our online shop are in Euro ("EUR") and include all taxes, but not the shipping costs. The shipping costs can be found in the online shop on the subpage "Shipping costs and delivery conditions". The amounts stated at the time of ordering apply. We inform you again about the prices, taxes and forwarding expenses in the order summary before the completion of the order.
5.2 The prices quoted do not include any costs for assembly, installation or similar.
5.3 The payment methods accepted in our online shop are listed in the online shop on the subpage "Payment methods". There you will find all the details about the conditions of payment and possible fees.
5.4 Unless we agree otherwise with you, the invoice amount is due for payment immediately. In the event of default, we are entitled to claim statutory default interests as well as the costs associated with the collection of the outstanding claim (in particular, collection charges and other costs as far as these are necessary for the appropriate prosecution).
6. Retention of title
All goods delivered by us remain our property until full payment has been made.
7. Right of withdrawal or revocation (hereinafter uniformly referred to as "right of revocation") as well as online settlement of disputes for sales to consumers within the meaning of the Austrian Consumer Protection Act (KSchG)
7.1 This clause 7. applies exclusively to customers who purchase products from us in their capacity as consumers within the meaning of the KSchG (Business to Consumer / B2C).
7.2 You have the right to revoke your contract declaration or an already concluded contract within fourteen days without giving reasons.
The withdrawal period shall be fourteen days from the date on which you or a third party designated by you, who is not the carrier, took possession of the goods. If you ordered the goods as part of a single order and these goods are delivered separately, the withdrawal period shall begin on the day on which you or a third party designated by you and who is not the carrier took possession of the latest goods. If we have not complied with our obligation to inform you about the existence of the right of revocation (conditions, deadlines and procedures for exercising this right), the revocation period shall be extended by twelve months. If we provide the information within twelve months after taking possession of the goods, or in the case of separate delivery of the latest goods, the revocation period ends 14 days after the time at which you receive this information.
In order to exercise your right of withdrawal, you must notify us
Tel.: +43 676 483 3715
of your decision to withdraw from this Agreement by means of a clear statement (e.g. a letter sent by post or an e-mail). You can use the sample revocation form online available for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
7.3 Consequences of revocation:
If you revoke your declaration of contract or an existing contract, we will refund all payments we have received from you, including delivery charges (other than the additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your revocation of this contract.
For this refund we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; however, you will not be charged for this refund. We may refuse to refund until we have received the goods delivered or until we have received proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us
immediately and not later than fourteen days after the day on which you notify us of the revocation of this contract. This period will be considered observed if you dispatch the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods. The costs shall be estimated at a maximum of approximately EUR 10, whereby the final amount depends on the order quantity selected by you (the aforementioned cost estimate refers to a standard shipment of 1 piece within Austria).
You only have to pay for any loss in value of the goods if this loss in value is attributable to handling them in a way that is not necessary to check their condition, properties and functionality.
You have no right of revocation for contracts concerning
● services, if we - on the basis of your explicit request and a confirmation of your knowledge of the loss of the right of revocation upon complete performance of the contract - had begun with the performance of the service before the expiry of the revocation period and the service was then fully performed,
● goods made to the consumer’s specifications or clearly personalized,
● goods which are liable to deteriorate or expire rapidly,
● sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery,
● the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.
7.4 You have the possibility to submit complaints to the Online Dispute Settlement Platform of the European Union (EU): http://ec.europa.eu/odr. However, you can also lodge your complaint directly with us at the following e-mail address: firstname.lastname@example.org.
8. Warranty and Liability
8.1 The following points shall apply to customers who purchase products from us in their capacity as consumers within the meaning of the KSchG (Business to Consumer / B2C), but not the provisions under below clause 8.2:
- The warranty is based on the statutory regulations.
- We are only liable for damages that were caused intentionally or grossly negligently by our vicarious agents or ourselves. This does not apply to the liability of personal damage and claims under the Product Liability Law.
8.2 For customers who purchase products from us in their capacity as entrepreneurs within the meaning of the KSchG (Business to Business / B2B), the following points shall apply, but not the provisions under above clause 8.1:
- You must inspect the goods received within 14 calendar days, however, in any case within a reasonable period after delivery and immediately notify us of any defects. Otherwise, the goods will be deemed approved.
- Minor and reasonable deviations of the delivery from the order (e.g. in the dimensions or colour) will be deemed approved from the outset.
- We are only liable for damages caused intentionally or through gross negligence by us or our vicarious agents. This does not apply to the liability of personal damage. As far as legally permissible, the compensation is limited to the typically foreseeable damage. Compensation for consequential damages and loss of profit is excluded.
9. E-mail Marketing and Privacy
9.1 If you purchase a specific product from us, we will regularly send you information and announcements about our similar products and events in connection with such products by e-mail to an appropriate extent either in accordance with (if applicable) § 107 Paragraph 3 of the Austrian Telecommunications Law (TKG), unless you object to this already at the time you disclose your e-mail address in connection with the purchase of the product, or based on your consent. In any case, you may refuse that this information and announcements being sent to you, and you may revoke your consent at any time and without giving reasons by notifying us by post or e-mail (see clause 2.).
9.2 We are controllers with regard to your customer data and process these data in strict compliance with the requirements of the EU General Data Protection Regulation (EU-GDPR) and the Austrian Data Protection Act (DSG). Details on this and in particular on the information obligations according to Article 13 EU-GDPR can be found in our data protection declaration.
9. Final provisions
9.1 The place of performance is the registered office of our company.
9.2 Every contract concluded in our online shop is subject exclusively to Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and the reference standards of international private law.
9.3 Subject to mandatory consumer protection provisions applicable to these General Terms and Conditions the contractual language is English.
9.4 The contract text will not be saved. We recommend you to archive our order confirmation and the attached General Terms and Conditions.
9.5 The exclusive place of jurisdiction is Vienna. If you have purchased products from us in your capacity as a consumer within the meaning of the KSchG and have your place of residence or habitual abode in Austria or are employed in Austria, you may be sued in deviation only in those courts where your place of residence, habitual abode or place of employment is located.
9.6 Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, this will not affect the remaining provisions. The invalid or unenforceable provisions shall be deemed to be replaced by valid and enforceable provisions that best achieve the economic purpose intended by the parties.
9.7 Mandatory consumer protection provisions (such as the KSchG) applicable to these General Terms and Conditions remain unaffected.