General conditions of sale
scope
These terms and conditions apply to all purchases from NESH BOARDS [imprint], which are made by private customers.
Private customers in this sense are people with a place of residence and a delivery address in Europe, insofar as the goods they have ordered cannot be attributed to their commercial or self-employed professional activity.
conclusion of contract
The presentation of our goods and the granting of the opportunity to place an order represent a concrete offer on our part to conclude a sales contract.
By placing your order, you accept the offer and the purchase contract is concluded.
You will receive an order confirmation via e-mail to the e-mail address you provided.
prices and shipping costs
The awarded prices are final prices including sales tax. The amount that is shown at the time of the binding order applies.
payment
Payment is made upon delivery by
– Apple Pay
- Credit card
- Debit charge
– PayPal
– Amazon Pay
– Shopify payments
right of retention
The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
delivery
(1) Delivery will be made to the delivery address specified by the customer within
– Europe
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, NESH BOARDS' obligation to perform is excluded. Amounts already paid will be refunded immediately by NESH BOARDS.
(3) NESH BOARDS can also refuse performance if this requires an effort that is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded immediately by NESH BOARDS
retention of title
The delivered goods remain the property of NESH BOARDS until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant any use of the goods to third parties.
defect rights
(1) A product that was already defective upon delivery (warranty case) will be replaced by NESH BOARDS at the customer's option and at NESH BOARDS' expense with a product that is free of defects or have it professionally repaired (subsequent performance). The customer is informed that there is no warranty case if the product had the agreed quality at the time of the transfer of risk. A warranty case does not exist in the following cases in particular:
- a) in the event of damage caused by misuse or improper use by the customer,
- b) for damage caused by the products being exposed to harmful external influences (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) NESH BOARDS also does not provide any guarantee for a fault that has arisen as a result of improper repairs by a service partner not authorized by the manufacturer.
(3) Both in the case of repairs and in the case of replacement delivery, the customer is obliged to send the product to the return address specified by NESH BOARDS at the expense of NESH BOARDS, stating the order number. Before submitting the product, the customer must remove any items he has inserted from the product. NESH BOARDS is under no obligation to inspect the product for the incorporation of such items. NESH BOARDS is not liable for the loss of such items, unless it was immediately apparent to NESH BOARDS when the product was taken back that such an item had been inserted into the product (in this case NESH BOARDS will inform the customer and keep the item ready for the customer to pick up; the customer bears the resulting costs). In addition, before sending in a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software on the product, the applications and all data on a separate data medium and deactivate all passwords. Liability for data loss is not taken. Likewise, after the repaired product or replacement product has been returned to the customer, it is the customer's responsibility to install the software and data and to reactivate the passwords.
(4) The customer's obligation to pay damages in the event of a breach of the obligation to return the goods for which the customer is responsible is based on the statutory provisions.
(5) The customer can choose to withdraw from the contract or reduce the purchase price if the repair or replacement delivery does not lead to a contractual condition of the product within a reasonable period of time.
(6) In addition, there may also be claims against the manufacturer within the framework of a guarantee granted by the manufacturer, which are based on the corresponding guarantee conditions.
(7) The statutory warranty of NESH BOARDS ends two years after delivery of the goods. The deadline starts once goods are received.
Liability
(1) In the case of slight negligence, NESH BOARDS is only liable for the breach of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply to injury to life, limb or health. NESH BOARDS is not liable for other damage caused by slight negligence due to a defect in the purchased item.
(2) Regardless of whether NESH BOARDS is at fault, liability on the part of NESH BOARDS in the event of fraudulent concealment of the defect or the assumption of a guarantee remains unaffected. The manufacturer's guarantee is a guarantee given by the manufacturer and does not constitute an acceptance of a guarantee by NESH BOARDS.
(3) NESH BOARDS is also responsible for the impossibility of delivery that occurs by chance during their delay, unless the damage would have occurred even if the delivery had been made on time.
(4) The personal liability of the legal representatives, vicarious agents and employees of NESH BOARDS for damage caused by them through slight negligence is excluded.
Applicable Law
The contract concluded between you and NESH BOARDS is exclusively subject to the law of the Federal Republic of Austria, with the express exclusion of the UN Sales Convention. This does not affect the mandatory provisions of the state in which you have your habitual residence.
Final Provisions
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.
(2) Changes or additions to this contract must be made in writing.
