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GENERAL SALES CONDITIONS

INDEX
1. Definitions 1. Definitions
2. Subject Matter2. Subject Matter
3. Execution of the Sale and Purchase Agreement 3. Execution of the Sale and Purchase Agreement
4. Availability of the Products 4. Availability of the Products
5. Price and shipping costs 5. Price and shipping costs
6. Placement of Orders 6. Placement of Orders
7. Methods of payment7. Methods of payment
8. Shipping and delivery of Products8. Shipping and delivery of Products
9. Right to Withdraw9. Right to Withdraw
10. Flaws/defects of Products 10. Flaws/defects of Products
11. Product Liability11. Product Liability
12. Privacy12. Privacy
13. Errors and/or inaccuracies in the On-Line Shop13. Errors and/or inaccuracies in the On-Line Shop
14. Intellectual Property 14. Intellectual Property
15. Applicable Law15. Applicable Law
16. Contacts

1. Definitions
The terms and expressions listed hereunder shall have the meaning specified in the definition, being understood that terms defined in the singular form are to be considered defined even in the plural form.
● Customer means any person or company purchasing one or more Products in the On-Line Shop, accepting the General Conditions.
● General Conditions mean these general conditions and any possible new future version which may be published on the On-Line Shop by NORTEC Sport.
● Order Confirmation means the e-mail message by means of which NORTEC Sport informs the Customers of the acceptance of the Orders.
● Sale and Purchase Agreements mean the sale and purchase agreements of the Products entered into between NORTEC Sport and the Customers.
● On-Line Shop means a virtual shop, managed by NORTEC Sport and accessible at URL http://eshop.nortec.at where Products are available for sale.
● Orders mean the purchasing orders of the Products placed by the Customers pursuant to the General Conditions and in accordance with the procedure set out under clause 6.
● Parties means NORTEC Sport and the Customers, when jointly referred.
● Price means the sale price of the Products as specified in the On-Line Shop with reference to each Product.
● Products mean the products published in the On-Line Shop for sale.
● NORTEC Sport means NORTEC Sport GmbH with registered offices in Villacch (Austria) Kärntner Strasse 8, Chamber of Commerce of Klagenfurt registration No. FN 374478d, VAT number ATU67019718.
● Account means the space in the On-Line Shop where Customers are allowed, following authentication to: (i) monitor and update personal data and addresses where the ordered Products are to be shipped and delivered; (ii) view previous Orders; (iii) have access to any other specific function/setting concerning their activity in the On-Line Shop.

2. Subject matter
2.1 The General Conditions apply to all the Sale and Purchase Agreements and form an essential part of the latter.
2.2 NORTEC Sport has the right to modify the General Conditions at any time, being understood that the version of the General Conditions to be applied to the Sale and Purchase Agreements shall be the one published in the On-Line Shop at the time the Orders are placed by the Customers.
2.3 In case of conflict between the General Conditions and other possible terms and conditions applicable to the Sale and Purchase Agreements published in the On-Line Shop, the terms and conditions more favourable to the Customers shall apply.

3. Execution of Sale and Purchase Agreement
3.1 NORTEC Sport undertakes to send the Order Confirmation to the Customers within 2 working days from receipt of the Orders from the Customers.
3.2 Sale and Purchase Agreements are deemed entered into between the Parties at the time the Customers receive the Order Confirmation. Should Customers not receive the Order Confirmation within the term under clause 3.1, the relevant Order shall be deemed as rejected by NORTEC Sport and thus have no effect.
3.3 By placing the Orders, Customers declare to have read all the instructions which refer to the methods of payment of Products pursuant to clause 6. and declare to have fully accepted the General Conditions and to have read all additional information available in the On-Line Shop, including information accessible through links.
3.4 The Orders will be recorded in the On-Line Shop’s database in accordance with the provisions set out by the Law and shall be accessible by the Customers by contacting NORTEC Sport at the contact details specified under clause 16 or by accessing the Account.

4. Availability of the Products
4.1 Save for the provisions under clause 4.6, NORTEC Sport, with reference to each Product published in the On-Line Shop, specifies whether:
(i) the Product is available at its warehouse;
(ii) the Product is not available at its warehouse;
4.2 The range and availability of the Products published in the On-Line Shop may vary from time to time, being understood that this shall not cause NORTEC Sport to be deemed liable vis-à-vis the Customers.
4.3 The availability of the Products indicated in the On-Line Shop is by no means binding. Should a Product (indicated as available at the time the Order was placed by the Customer) no longer be available, NORTEC Sport, save for the provision set forth under clause 3.2, undertakes to inform such Customer, by email, on when the ordered Product/Products is/are expected to be available again. The Customer is entitled to withdraw the Order within 24 hours from receipt of the above communication sent by NORTEC Sport (notwithstanding the provision governing the right for withdraw under clause 9).
(i) communicate to the Customers, by email, the terms for the shipment of the customized Product; such term must be considered as a mere indication and is by no mean binding for NORTEC Sport;
(ii) inform the Customers, by email, of when the customized Product shall be available at its warehouses.
4.4 NORTEC Sport has the right not to indicate the availability of the Products (or part of the Products) in the On-Line Shop.

5. Price and shipping costs
5.1 The Price is in € (euros). The applicable Price is the one published in the On-Line Shop at the time the Orders are placed by the Customers.
5.2 The Price is inclusive of VAT (20%) if the Products are shipped by NORTEC Sport and delivered inside the European Union. The Price is not inclusive of VAT if the Products are shipped by NORTEC Sport and delivered outside the European Union.
5.3 The Price does not include shipping costs. NORTEC Sport may request that the Customers bear part of the shipping costs, being understood that such amount will depend on the kind of delivery, the quantity of shipped Products, the volume, the weight and the destination of the Products.
5.4 The part of the shipping costs to be borne by the Customers following NORTEC Sport’s request indicated under clause 5.3, if any, is indicated, separately from the Price, before the Order is placed by the Customers and shall be paid by the Customers jointly with the payment of the Price according to clause 7.
5.5 Any possible tax, levy, expense or other duty provided for by the laws of the country in which the Products are shipped and delivered are to be entirely borne by the Customers.

6. Placement of the Orders
6.1 In order for the Customers to place their Orders, registration at the On-Line Shop is required; such registration may be obtained by entering the information and data indicated as “mandatory” and by selecting a password to be used when placing the Orders and when accessing the Account any time later.
6.2 The Customers may purchase the Products by selecting them in the relevant section of the On-Line Shop dedicated to the Product category searched and putting them in the “cart”. When the Products the Customers wish to purchase are more than one, the above procedure shall be repeated, by clicking on “add to your cart”. Once the selection of Products is complete, the Customers will be bound to proceed with registration pursuant to clause 6.1, if not yet registered. For registered Customers, instead, authentication will be required by typing password and login in the relevant fields and clicking “proceed to check out”. Once the data relating to the selected Product/s and the “shipping/ delivery information” is verified, the Customers must choose among the available methods of payment provided for by clause 7. Once a method of payment is selected, the Customers may proceed to place the Orders by clicking “send”.

7. Methods of payment
7.1 The Customers may pay the Price (and the part of the shipping costs requested by NORTEC Sport as indicated under clauses 5.3 and 5.4) by means of credit card, Pay Pal, bank wire or other methods of payment indicated by NORTEC Sport in the On-Line Shop. NORTEC Sport has the right to modify the methods of payment available to the Customers, at any time, being understood that available methods of payment are those indicated by NORTEC Sport in the On-Line Shop at the time the Orders are placed by the Customers.
7.2 If payment of the Price is made by PayPal, at the time the Orders are placed by the Customers, the web session shall be redirected on PayPal’s safe Web site. On such Web site, the Customers will be able to complete the payment of the Price (and the part of the shipping costs requested by NORTEC Sport as indicated under clauses 5.3 and 5.4) using their own PayPal account and in accordance with PayPal conditions for utilization of service, which Customers will have accepted either at the time or previously. The Price (and the part of the shipping costs requested by NORTEC Sport as indicated under clauses 5.3 and 5.4) shall be charged on Customers’ PayPal account upon the Confirmation Order being sent by NORTEC Sport.
7.3 If requested by the Customers upon placing the Orders, NORTEC Sport shall send regular invoices by e-mail or mail on the basis of the information provided by the Customers. No amendment of the invoices shall be 3ossible after the invoices have been issued by NORTEC Sport.
7.4 Information received from NORTEC Sport pursuant to clause 7. shall be solely utilized by NORTEC Sport for the sake of completing all relevant sale procedures and for reimbursement procedures should Customers exercise the right of withdrawal provided for by clause 9.

8. Shipping and delivery of the Products
8.1 Being understood that “shipping” of Products means the delivery of the latter to the couriers selected by NORTEC Sport pursuant to clause 8.2, NORTEC Sport undertakes to ship the Products:
(i) when the Products are available (as defined under clause 4):
– within 3 working days from receipt of the communication authorizing the charge of payment as under clause 7.2 if payment is made by credit card;
– within 3 working days from the time the confirmation of the payment is made available if the payment is made with methods different from credit card;
(ii) should one or more Products become unavailable as in the case under clause 4.3, save for the right of Customer to withdraw the Order pursuant to clause 4.3, within 3 days from the time such Product or Products are once again available at NORTEC Sport’s warehouses;
(iii) in case the availability of one or more Products is not indicated (as in the option under clause 4.6) and the Products are available at NORTEC Sport’s warehouses at the time of placement of the Order by the Customers:
– within 3 working days from receipt of the communication authorizing the charge of payment as under clause 7.2 if payment is made by credit card;
– within 3 working days from the time the confirmation of the payment is made available if the payment is made with methods different from credit card;
(iv) in case the availability of one or more Products is not indicated (as in the option under clause 4.6) and the Products are not available at NORTEC Sport’s warehouses at the time of placement of the Orders by the Customers, within 3 working days from the time the Products are available at NORTEC Sport’s warehouses.
8.2 NORTEC Sport guarantees the shipment of the Products worldwide by means of express couriers selected on a case by case basis depending on the Product ordered and on the destination. The Products are shipped by NORTEC Sport, and delivered by the courier selected by NORTEC Sport, at the address indicated by the Customers at the time of registration as under clause 6.1 or at a different address specified at the time the Order is placed.
8.3NORTEC Sport undertakes to use its best effort to ensure that the Products shipped pursuant to clauses 8.1 and 8.2 shall be delivered by the selected couriers:
– in Austria within 24 hours from the date of shipment;
– in Italia within 3 days from the date of shipment;
– in the other European countries within 3-7 days from the date of shipment.
8.4 The delivery terms under clause 8.3 may not, under any circumstance, be considered binding as NORTEC Sport is unable to directly monitor the deliveries of the selected couriers; therefore, NORTEC Sport cannot be held liable in case of breach of the delivery terms mentioned under clause 8.3.
8.5 In order to allow the Customers to monitor the progress of the Orders, NORTEC Sport shall issue an Order number which, once inserted in the “my order” section – accessible from any page of the On-Line Shop – allows to verify all information concerning the Orders.
8.6 The Customers may also verify the progress of Orders utilizing the “Order Tracking” function if such service is provided by the courier selected by NORTEC Sport for the delivery. Such check is available to the Customers only after the shipment of Products and by utilizing tracking data communicated by NORTEC Sport via e-mail.
8.7The Customers, or authorized third parties who will be at the address indicated in the Order Confirmation at the time of delivery, are obliged to check that:
(i) the Products correspond to the content of the courier’s delivery slip both as regards to the quantity and type.
(ii) the parcel/package of the Products is intact, undamaged, not wet nor in any way altered even with reference to the securing material.
8.8 Any damage to the parcel/packaging of the Products must be immediately claimed by the Customers by means of a comment expressing “control reserve” to be written on the courier’s slip acknowledging delivery. It is understood that once the slip is signed without any claim, the Customers will not be entitled to claim any exterior defect of the delivered Products.
8.9 The Products may be delivered by couriers only to the Customers or to third parties authorized by the Customers. The receiving party is obliged to sign the slip in order to certify the occurred delivery. Couriers do not deliver at postal office boxes nor by inserting the Products in letter boxes or similar.

9. Right to withdraw
9.1The Customers who are “consumers” (i.e. private persons acting for scopes not included in any commercial, craftsman or professional activity carried out in their business), have the right to withdraw from the Sale and Purchase Agreement within 7 days from receipt of the Products. Customers may exercise their right to withdraw from the Sale and Purchase Agreement by sending an e-mail to NORTEC Sport to the address specified under clause 16. Such communication shall include:
(i) the intention to exercise the right to withdraw;
(ii) the details of the Order generating the Sale and Purchase Agreement from which they intend to withdraw.
9.2In case the Customers exercise the right to withdraw pursuant to this clause 9:
(i) Customers undertake to return the Products within 10 working days from the date in which withdrawal was communicated by the Customers as indicated under clause 9.1;
(ii) all costs connected to the return of the Products are entirely borne by the Customers;
(iii) NORTEC Sport undertakes to reimburse the Price in the shortest time possible and, in any event, within 30 days from the date in which withdrawal was communicated by the Customers as indicated under clause 9.1, provided that:
– the Products have been returned and are intact;
– the original package has also been returned and is intact;
– the accessory items and instructions manual, if any, are returned and are intact;
– the Products have not been utilized;
(iv) NORTEC Sport shall communicate to the Customers the methods for reimbursement of the Price and to this extent it shall be entitled to require to the Customers the relevant banking data (IBAN and name of account holder).
9.3 Should the Customers not exercise the right to withdraw in accordance with terms and conditions set out under this clause 9., the Customers shall have no right to reimbursement of the Price.
9.4 As an alternative to exercising the right to withdraw provided for by this clause 9., “consumer” Customers hold the option to “change product” according to the terms and conditions specified on the On-Line Shop.

10. Products’ flaws / defects
10.1 Should the Products bear a warranty from the producer (commercial/conventional warranty), any possible flaw and defect of the Products must be communicated by the Customers directly to the producer in accordance with the terms and conditions indicated in the warranty.
10.2 “Consumer” Customers (as defined under clause 9.1) have the rights granted to the “consumers”; such rights must be exercised in accordance to the law terms.

11. Product liability
The producer of the Products shall be liable for whatever damage caused by the Products’ flaws and/or defects.

12. Privacy
NORTEC Sport undertakes and guarantees that personal data shall be treated in accordance with the Law and further modifications. Details referred to the treatment of data are communicated to the Customers at the time of registration as under clauses 6.1 or 6.2.

13. Errors and inaccuracies in the On-Line Shop
13.1 NORTEC Sport undertakes to constantly check the On-Line Shop in order to avoid any possible error or inaccuracy. However, it is possible that the On-Line Shop bears, or might bear, errors, inaccuracies or oversights from time to time.
13.2 NORTEC Sport has the right to amend the errors, inaccuracies or oversights contained in the On-Line Shop even after an Order has been placed as well as the right to modify and update the information at any time without any prior notice to the Customers.

14. Intellectual Property
All intellectual property rights connected to the On-Line Shop (including its contents) are the exclusive property of NORTEC Sport; the On-Line Shop and its contents shall not be reproduced, either partially or entirely, transferred by electronic or conventional means, modified, linked or utilized in any way, without prior written consent from NORTEC Sport.

15. Applicable law
15.1 The General Conditions and the Sale and Purchase Agreements are governed by, and construed in accordance with, the Austrian laws and shall be interpreted accordingly.
15.2 Any dispute arising from, and in connection with, the General Conditions and/or the Sale and Purchase Agreements shall be submitted to the exclusive jurisdiction of the Court of Klagenfurt.

16. Contacts
For further information and assistance on the On-Line Shop and/or on the methods of purchase on the On-Line Shop and/or on the Sale and Purchase Agreements, the Customers may contact NORTEC Sport through our customer service or by letter at the following address:
NORTEC Sport GmbH, Kärntner Strasse nr. 8 – 9500 Villach (Austria).

Offline

1)      VALIDITY OF GENERAL CONDITIONS OF CONTRACT:

All our business transactions are concluded on the basis of these General Conditions of Contract. All other general conditions of contract of customers are herewith explicitly denied. Whenever these General Conditions of Contract refer to consumers, the relevant provisions shall be valid for consumers, but not for businesses.

2)      OFFER – INFORMATION ON CONCLUSION OF CONTRACT:

All offers are without obligation and do not oblige us to perform. Before an offer is given via Nortec‘s web shop, the consumer is informed of the technical steps leading to conclusion of contract. Contracts must be concluded in the English or German language. The text of the contract (order confirmation) shall be sent to the consumer by e-mail without delay, however no later than on the following business day, and thereafter will no longer be electronically saved by Nortec.

3)      CANCELLATION/RETURNS:

Consumers are entitled to refrain from accepting a contractual offer before the contract is concluded. Once the contract is concluded the consumer is entitled to cancel the agreement within a period of seven business days. Such period shall commence on the date of receipt of merchandise by the consumer. Notification of cancellation must be sent within the above-mentioned seven-day period. In the event of cancellation of contract, the merchandise and the statement of cancellation are to be returned to Nortec at the consumer‘s expense.

4)      DELIVERY – SHIPMENT – RISK – DELIVERY TIMES:

Failing explicit and written agreement to the contrary our merchandise shall be deemed sold „ex works“ (works means Nortec Villach), even if delivery is made free destination with Nortec‘s or a third party‘s vehicle or in installments. Partial deliveries may be made. Our information on delivery times is approximate and non-binding. No claims shall be made by customers for indemnification because of delayed performance.

5)      DEFECTS – WARRANTY – LIABILITY:

We guarantee that the condition of our products shall be in compliance with contract. Notification of defects is to be made in writing by registered letter without delay, however no later than three days after receipt of the merchandise. A defect shall entitle the consumer to exchange or repair of merchandise. In order for the merchandise to be exchanged, the consumer must send the merchandise to Nortec International within 14 days of its receipt. The date of the postmark  shall be decisive. The consumer must demonstrate that the defect already existed at the decisive time, namely the time at which the risk passed. At its discretion Nortec is entitled to satisfy claims for indemnification not only by exchange but also by repair or price reduction. Minor deviations in dimensions or colour are not deemed a defect. If notification of defect is not made in time or in the form set out above, the merchandise shall be deemed accepted.

6)      PAYMENT:

Payment is to be made by means of credit card, in cash, bank transfer, or money wire without deduction in advance.

RESERVATION OF TITLE:

The merchandise delivered by us shall remain our unrestricted property until all liabilities arising from the transaction including any current account liabilities have been satisfied in full.

PERFORMANCE – JURISDICTION – APPLICABLE LAW:

Place of performance for delivery and payment is Villach, AT; this also holds true for the case that the merchandise is contractually delivered at a different place. This contractual relationship is governed by the laws of Austria and is not subject to the Convention Relating to a Uniform Law on the International Sale of Goods. Sole jurisdiction for all disputes arising from this contractual relationship shall be held by the competent court of law for Villach. We are, however, entitled to file a lawsuit in the customer‘s general jurisdiction. This stipulation of jurisdiction and applicable law is valid only insofar as jus cogens (for example for consumers) does not provide anything to the contrary.