GTC

Scope of Application

a) The following General Terms and Conditions (GTC) apply exclusively to the business relationship between the provider (brand Nebelkind, company MS SPIRIT HANDELS GmbH & Co. KG, hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Buyer") via this online shop in the version valid at the time of the order. Deviating terms and conditions of the Buyer will not be recognized unless the Seller expressly agrees to their validity in writing.

b) Seller Identity

NEBELKIND
MS SPIRIT HANDELS GmbH & Co. KG
Liechtensteinstraße 130/2
1090 Vienna

FB-No.: FN 517945 i
Register Court: Commercial Court Vienna
VAT ID No.: ATU75184514
Managing Directors: Stefan Hunoldt, Michael Hunoldt & Benedikt Kragora

b) The Buyer can select products from the online shop’s assortment and collect them in a virtual shopping cart by clicking the button labeled "Add to Cart." The Buyer can view the contents of the shopping cart at any time by clicking the "Cart" button and make changes to the selected items using functions such as "Remove" (cross symbol), "Continue Shopping," "Edit," or "Quantity Adjustment."

c) After clicking the "Proceed to Checkout" button, the Buyer can enter or select their billing address, delivery address, payment method, and delivery option. These details can be reviewed and adjusted on an overview page. By clicking the "Buy Now" button, the Buyer submits a binding offer to purchase the items in the shopping cart.

d) The Seller will promptly confirm receipt of the Buyer's offer via an automatic confirmation email. This confirmation lists the Buyer's order details and can be printed using the device’s print function.

e) The Seller accepts the Buyer's offer by sending the aforementioned confirmation email.

f) The contract language is German and English.

g) The Seller stores the contract text and sends it to the Buyer after the order has been submitted, along with the current GTC and the cancellation policy in text form. Additionally, the contract text is archived on the Seller’s website and can be accessed by the Buyer through their password-protected customer account, provided they created an account before placing the order.

Retention of Title

a) The delivered goods remain our property until full payment has been made. The retention of title applies to both consumers and businesses

Prices and Costs

a) All prices listed on the seller's website are total prices, including the applicable statutory value-added tax/sales tax of the delivered country.

b) Any additional delivery and shipping costs are indicated separately in the shopping cart or checkout and are to be borne by the Buyer unless the Buyer, as a consumer, exercises their right of withdrawal.

c) For deliveries to countries outside the European Union, additional costs such as transaction fees (e.g., bank transfer fees, currency conversion fees) or import duties and taxes (e.g., customs duties and import VAT) may apply. These costs are to be borne by the Buyer.

d) The due date of the purchase price depends on the payment method offered by the Seller and selected by the Buyer. Payment is generally due immediately upon contract conclusion. If the Seller offers the "Invoice" payment method, payment is due within ten days of receiving the invoice and goods unless otherwise agreed.

Payment

a) The available payment methods are displayed in the Seller’s online shop.

b) The Buyer acknowledges that third-party services are used for processing payments. If the Buyer does not agree to this, they have the option to contact customer service and make a payment via bank transfer in advance.

Delivery, Availability, Withdrawal

a) The goods are shipped via postal or parcel service unless otherwise agreed. Pickup is not possible.

b) The Seller bears the shipping risk if the Buyer is a consumer. The Buyer is obligated to provide the Seller with the delivery address as clearly as possible. For Packstation deliveries, a complete and accurate delivery address with customer details is required.

c) The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This applies only if the Seller is not responsible for the non-delivery and has concluded a covering transaction with the supplier. In case of unavailability or partial availability of the goods, the Buyer will be informed immediately, and any payments already made will be refunded promptly.

d) The Buyer has been informed about the valid cancellation policy during the purchase process and has agreed to it.

Warranty

The Seller is liable for material defects in accordance with the statutory provisions.

a) The Buyer’s claims for damages exist only under the following conditions and are otherwise excluded.

b) The Seller is liable without limitation for damages caused by intent or gross negligence, injury to life, body, or health, and under a guarantee promise, unless otherwise regulated.

c) For breaches of essential contractual obligations caused by simple negligence, the Seller is liable only for foreseeable damages typical for the contract, unless unlimited liability applies as per the preceding clause. Essential contractual obligations are those that enable the proper execution of the contract and on whose compliance the Buyer regularly relies.

d) The limitations outlined above also apply to the legal representatives and vicarious agents of the Seller when claims are made directly against them.

e) Mandatory statutory provisions, such as those of the Product Liability Act, remain unaffected.

Voluntary warranty for NEBELKIND Products At NEBELKIND

We believe in the long-lasting quality of our products. Therefore, we offer a five-year warranty on all NEBELKIND products purchased from April 1, 2024, onwards. For purchases made before this date, the statutory warranty applies.

• Material defects on seams, closures, eyelets, embroidery, and the upper and lower areas of the visor.

b) Damages excluded from warranty claims:

• Damages intentionally caused to claim warranty.

• Any kind of dirt, including sweat stains.

• Broken visors due to careless bending.

• Damages caused by improper cleaning.

• Damages resulting from improper use.

• Damages caused by external influences.

• Discoloration due to water, extreme heat, or prolonged exposure to intense sunlight.

c) Requirements for warranty claims:

• The product must be purchased from NEBELKIND or an official NEBELKIND retailer.

• Warranty claims must be made with the retailer where the product was purchased.

• An invoice must be presented when making a warranty claim.

• The product must be returned upon request.

d) Warranty Services:

• The defect will either be repaired, or the product will be replaced.

• For styles no longer available, NEBELKIND or the retailer reserves the right to offer a comparable style.

• There is no entitlement to monetary compensation in cases of warranty or guarantee claims.

Final Provisions

a) Contracts between the Seller and the Buyer are governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is agreed to be Austria (Vienna). For consumers, this choice of law applies only to the extent that the protection provided by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.