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General Information Requirements in accordance with § 5 E-Commerce-Law (ECG)



Copyright/ Disclaimer
In view of the technical properties of the Internet, no warranty of authenticity, accuracy or integrity can be assumed regarding the information that is made available online. Likewise, no warranty will be assumed for the availability and/or operation of the objective homepage or its contents.

All liabilities for direct and indirect claims, regardless of cause, which occur as the result of use or unavailability of data and/or information on this website, will be, as far as legally possible, excluded.

The content of this homepage is protected under copyright. The information is only designated for individual use only. Any further use, especially the saving of such information in a databank, duplication of such or its commercial use in any way whatsoever, such as transfer to a third party – not excepting in fragmented form - is prohibited without the prior permission of the website host.

Hyperlinks on this weblog are acceptable. Any integration of our offers on constituent websites having been put in an altered frame, are to be omitted. The provision of the availability of our RSS-Feeds on foreign websites is likewise prohibited.

Data Security
As far as the collection of personal data on our website is concerned (i.e. names, addresses or email addresses), it is to occur on a voluntary basis unless not otherwise possible. Access and use of our offers, quotes and services are, to the greatest extent possible, accessible without having to enter personal data.


The use of customer contact information published within the bounds of imprint obligation by a third party for the purpose of providing not specifically requested advertisements and information is herewith explicitly objected to. The operators of the website explicitly reserve legal measures in the case of the unsolicited sending of advertising material, such as spam mail, etc.

Liabilities of Links
This Web log contains links to external third-party websites, the contents of which we do not influence in any way whatsoever. Therefore, we are unable to accept or provide any responsibility and/or warrantee for any such foreign content. The responsibility for the linked websites content is to be assumed by the respective provider or operator of said website. Upon being linked, all linked websites will be assessed in assurance of the legality of said site’s content. Websites which have been linked to our website did not, at their time of linkage, contain detectable illegal content. The continuous monitoring of linked websites is however not equitable, unless concrete evidence of a legal violation has been provided.

[Source: Information of WKO, summary by Ingrid J. Bressler]


Owner and responsible authority
Gerald Kozmuth
8054 Seiersberg, Premstättenstraße 1

Contact:
Gerald Kozmuth
+43 (0) 316 241515
office@tauchturm.at
Austria
UID-Nr.: ATU276717022

Order confirmation
To be eligible to place an order, the buyer or person placing the order must be at least 18 years of age at or before the time of order. The purchaser’s personal data will be processed and saved in our computer system; this is done, of course in accordance with our Data Security Act. Orders will be processed in the order in which they are received. The availability of the offers advertised in our online shop and catalogues are not guaranteed, therefore there is no guarantee of delivery. If the goods are available and in stock, the delivery will be carried out by one of our delivery services and will be delivered to the address indicated by the purchaser at the time of order. Any order placed with Apnoe-Shop is deemed implicit acknowledgment and acceptance of these terms and conditions, which can potentially be amended through individual agreements on a case-by-case basis. The sending of a price list to interested parties or the possession thereof does not therewith obligate Apnoe-Shop to consignment. Differing terms and conditions on the buyer’s pre-printed forms and the like, regardless of the wording used on the forms, will not be acknowledged - not even upon receipt of the order, to the contrary they will be expressly excluded. Additional agreements made over the phone or in writing, require Apnoe-Shop’s written confirmation of legal commitment. Price, dimensions, weight and information regarding delivery time are non-binding, unless confirmed by Apnoe-Shop by way of written confirmation (order confirmation). Unforeseen delivery delays such as a delay in receipt of materials, operational disruptions, strikes, acts of God, etc., entitle Apnoe-Shop the right to postpone delivery for the duration of the disruption, or to back out of the contract.

Shipment within Austria
Up to an order value of €250.00, including applicable VAT (Value-Added Tax), a flat rate shipping fee will be calculated for each package with a weight of up to 30 kilograms. All orders exceeding €250.00 in value will be delivered free of charge to shipping addresses within Germany. An exception to this rule is regarding the shipment of steel and aluminum tanks, in which case the minimum order value for online orders is €10.00. Sample consignments or sample shipments, as well as returns, require the express prior consent of Apnoe-Shop, and shipping costs for such must be covered by the customer - regardless of the value of the order.

Shipment in and outside of the EU
Contingent upon the most wide ranging of situations, and pending on target country, there is no general statement, likewise no flat rate available for shipping. After placing your order you will receive an order confirmation outlining specific information about the amount of applicable pro-rated shipping fees. Apnoe-Shop is unable to predetermine potentially applicable customs and administrative fees that recipient countries might apply. Any such additional costs are to be assumed by the buyer. Payments for international deliveries are to be paid in full - in advance - to our bank account, the account details for which will be available on your order confirmation. Apnoe-Shop maintains the right to entrust partner-companies with the dispatch and/or invoicing of orders. This could occur when, for example the buyer is able to reduce their costs through this process. Product sampling or consignment on approval is generally not an available service.

Packaging
Standard packaging is free of charge, whereas customer’s special packaging requests, such as oversea crate, will appear as an added charge on the customer’s invoice - regardless of the value of the goods being shipped. Shipping and retail packaging are an integral part of customer orders. Should the customer not want packaging (pre-condition being that goods be picked up by the customer, directly at our warehouse), this can be arranged on verbal agreement. However a credit voucher for such is out of the question. The potential return shipment of transport packaging is generally free-domicile, however prior agreement with Apnoe-Shop should be established otherwise the return shipment could be denied.

Returned goods
Exchange or return - only valid in the business relationship with end-users!
If the buyer does not accept the delivery or the product is the wrong size, simply give Apnoe-Shop a call to explain the situation. Apnoe-Shop accepts the return or exchange of all unused consumer orders, whether orders were placed by mail or online, up to 14 days after the original date of delivery, and according to contract terms and conditions. Please keep the following in mind:

Returns
Apnoe-Shop wants to have satisfied customers! Please call us first with complaints, claims or request for exchange! Apnoe-Shop assumes responsibility for return shipment costs for all legitimate claims and reclamations. Please understand that we do not accept “cash on delivery” returns.

Observance of deadlines and/or grace periods
The grace period for exchange or return of goods is acknowledged as long as the original sales receipt for the unused returned goods in new condition, is sent to Apnoe-Shop and/or a confirmation is arranged accordingly over the phone. Current contact information for Apnoe-Shop can be found on all order forms/paperwork, or under “contact” on our webpage. Apnoe-Shop will reimburse the merchandise value of all returned goods, less shipping fees! The exchange of goods generally takes place immediately following Apnoe-Shop’s or, as the case may be, the dispatch warehouse’s receipt of the returned item. The refund for returns generally takes between 1-4 calendar weeks! Customized goods are barred from exchange or return. The exchange of goods will be offered to commercial consumers or merchants in the case of absence, defect or deficiency of an advertised product feature. In such cases a claim must be filed within the following 3 days of the original delivery date of the good(s). The return shipment of goods always requires the explicit, written, prior consent of Apnoe-Shop. The same rules apply to claims that are still under guarantee - regardless of whether they are warrantable or not. Every parcel sent to Apnoe-Shop must include an order reference number, which should be clearly denoted on the address label. Packages received without reference numbers will be denied. A copy of the appropriate sales receipt should also be locatable in the enclosed parcel. When the exceptional return of goods is agreed to, a deduction of 20% of the originally billed net value of the order, or €15.00 (whichever the greater amount), will be calculated to cover the restocking fee of the good(s). Should Apnoe-Shop have reason to accept a return of consignment, the sender is to cover all return shipping fees. Furthermore, Apnoe-Shop has sole authority in deciding on the method and scope of return shipments, and will send all necessary shipping documents and labels accordingly to the customer.

Price
Our prices are quoted ex A-8054 Seiersberg. Prices are subject to change and are non-binding for subsequent orders. Prices that are valid on the day of delivery will be applied. Our prices are quoted in Euro currency.

Dramatic currency exchange rate fluctuation and/or other economic developments could lead to the suspension of availability of a desired product. Customers will be notified immediately of such conditions, and will be required to reconfirm their order. The product descriptions illustrated in the online shop and catalogues are in accordance with manufacturer specifications and are subject to change without prior notice to customers. Should significant changes or alterations be made to a product, buyers will be informed of such changes and requested to submit an order reconfirmation! Subsequent deliveries will not be carried out automatically!

Payment
Orders placed online, and deliveries being sent to end customers within Austria, are generally carried out COD (cash on delivery). Shipments being sent to recipients residing outside of Austria require prepayment. Apnoe-Shop is authorized, but not obligated to arrange other payment methods for certain buyers. Should payment via debit note be arranged, the following is binding as integral part of the arrangement: Apnoe-Shop calculates a flat rate of €25.00 for all return debit notes to cover all applicable bank and administrative fees. A decisive factor in determining payment grace periods is the older of the billing or delivery date, respectively. Another relevant factor in observation of the payment grace period is the date of payment receipt on our business account.

Prior to receiving the buyer’s payment in full on all outstanding invoice balances, including interest accrued from late payments; Apnoe-Shop is not obligated to fulfill further delivery agreements in the buyers contract(s). In placing an order, the buyer obligates him/herself to paying the agreed upon purchase price of the order and by the agreed upon payment due date. An interest rate of 9% above the European Central Bank’s PR (Prime Rate) will be applied to late payments and loans. In the case of payment default, Apnoe-Shop is authorized to make any outstanding payments immediately due from within that particular business relationship - even before the contractually agreed upon payment due date. All successive deliveries will be carried out exclusively COD, should the buyer receive a payment due date warning on 2 or more separate deliveries.

Refusal to pay is not an option.

Retention of title and resale
Until the purchase price and all applicable service charges have been paid in full, including all shipping costs for past and future merchandise deliveries made within the scope of the business relationship, Apnoe-Shop reserves rightful ownership of said delivered goods - retention of title. In the case of resale on credit to a third-party buyer, the purchase price requirements for such are, from the beginning, to be relinquished to Apnoe-Shop as procedural safeguard. The buyer is warranted to the collection of receivables on their own behalf, unless they should receive contrary instructions from Apnoe-Shop. The buyer is obligated at the debtor’s request to inform Apnoe-Shop of the transaction as well as show Apnoe-Shop the act of transfer. The commercial resale of goods ordered from Apnoe-Shop from outside of Austria, especially in the USA and Canada, is duly prohibited - product liability!

Claims
Claims regarding the quality or quantity of goods are to be filed in writing - at the latest 3 days after receipt of goods! Apnoe-Shop will only acknowledge claims when they pertain to the scope of supply and services approved by Apnoe-Shop. The grace period granted for the examination and notification of a product defect or deficiency applies to the reprieval of such warranted defects or deficiencies. Should any warranted defects or deficiencies be found during the inspection of a returned good, the buyer is entitled to a subsequent delivery free of charge, as long as the defect was verifiable before the transfer of title and risk. Entitlement to the alteration or reduction of purchase price and/or further damages is excluded. The placing of an order is considered as the customer’s implicit acknowledgment and agreement to the aforementioned terms and conditions of business. Apnoe-Shop reserves the right to make technical changes and/or writing and printing mistakes and errors. The contract of sale, despite the potential legal ineffectiveness of certain aspects, maintains the validity of the aforementioned business terms and conditions. This does not hold true however, when one or both contracting parties constitutes a conventionalism of unacceptable severity. Images, diagrams and text found on Apnoe-Shop’s website or in their catalogues are under copyright by Apnoe-Shop and/or their respective manufacturers, accordingly. The copying, taking and/or linking of content, requires prior written approval by the appropriate authority. Place of fulfillment and legal jurisdiction for any and all litigation is Apnoe-Shop’s domicile. However, Apnoe-Shop reserves the right to select the disputant’s legal jurisdiction, regardless of the matter of dispute.

Tauch Turm Seiersberg
Premstätterstraße 1
8054 Seiersberg
0316/24 15 15-19
shop@tauchturm.at

In order to secure a quick and hassle-free delivery, we work together with GLS delivery service, shipping experts who are ready to deliver to the customer’s place of residence or work, according to preference.

In connection to the sales and distribution of batteries and battery packs delivered with some of our products that come with batteries, we are required to bring your attention to the following points, in accordance with the Battery Ordinance:

Batteries may not be disposed of in household waste. As the end-user, customers are legally obligated to return used batteries. After use, customers may return batteries free of charge to the point of sale or elsewhere in the immediate vicinity (e.g. local collection points or retail shops). Customers may also return used batteries to us at Apnoe-Shop via postal mail.

Batteries or power packs that contain harmful substances are marked with the symbol of a crossed-out waste container.

Near the symbol of the waste container, the chemical description of any harmful contents can be located. “Cd” stands for cadmium, “nicad” for nickel-cadmium, “Pb” for lead and “Hg” for “quicksilver” or mercury.

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