Terms and conditions
Scope of application
These terms and conditions apply to all purchases at Vito Nautika [link to “Imprint”], which are made by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, as far as the goods ordered by them cannot be attributed to their commercial or independent professional activity.
Business customers are requested to place orders on the order pages accessible via the business customer login [link to business customer login].
Prices and shipping costs
The prices listed are final prices including VAT. The amount shown at the time of the binding order shall apply. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. You can find out about the details at [link to “shipping costs”]. We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of revocation [link to “Right of Revocation”]. If you exercise your right of withdrawal, we will also refund the shipping costs.
Payment is made upon delivery by
– direct debit
Default of payment
If you are in default of payment, Vito Nautika shall be entitled to charge default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. In case Vito Nautika can prove that a higher damage caused by default has occurred, Vito Nautika shall be entitled to claim such damage.
Right of retention
The customer shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
(1) The delivery is made to the delivery address given by the customer, within Croatia.
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, Vito Nautika’s obligation to perform shall be excluded. Amounts already paid shall be refunded by Vito Nautika without delay.
(3) Vito Nautika shall also be entitled to refuse performance insofar as this would require 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 dictates of good faith. Amounts already paid shall be refunded by Vito Nautika without delay.
(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by a forwarding agency. Vito Nautika expressly points out that these goods will not be carried into the house.
Favorable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it should be damaged due to an opening for functional testing.
(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods for the return. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be obligated to pay us the increased cost compared to a less expensive shipping method.
Retention of title
The delivered goods remain the property of Vito Nautika 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 third parties any use of the goods.
(1) If a product is already defective upon delivery (warranty case), Vito Nautika shall, at the customer’s option and at Vito Nautika’s expense, replace it with a defect-free product or have it professionally repaired (supplementary performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the case of damage caused to the customer by misuse or improper use,
b) in case of damage caused by the fact that the products have been exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Vito Nautika further does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in consideration of the product price, taking into account the content of the contract and the dictates of good faith – whereby, in particular, the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer shall be taken into account – the customer’s claim shall be limited to the respective other type of supplementary performance. The right of Vito Nautika to also refuse this other type of supplementary performance under the aforementioned condition shall remain unaffected.
(4) Both in the case of repair and in the case of replacement, the Customer shall be obliged to send the Product at Vito Nautika’s expense to the return address indicated by Vito Nautika, stating the order number. Before sending the product, the Customer shall remove any items inserted by him from the product. Vito Nautika shall not be obliged to inspect the Product for the insertion of such items. Vito Nautika shall not be liable for the loss of such items, unless it was readily apparent to Vito Nautika at the time the Product was returned that such an item had been inserted into the Product (in which case Vito Nautika shall inform the Customer and hold the item ready for collection by the Customer; the Customer shall bear the costs incurred in doing so). The Customer shall also, before sending a Product for repair or replacement, if applicable, make separate backup copies of the system software, applications and all data located on the Product on a separate data carrier and deactivate all passwords. No liability for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, the customer shall be responsible for installing the software and data and reactivating the passwords.
(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for the value shall not apply to the return of a defective product in the case of warranty,
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodelling,
b) if Vito Nautika is responsible for the deterioration or loss or if the damage would also have occurred at Vito Nautika,
c) if the deterioration or loss has occurred at the Customer’s premises although the Customer has exercised the care that he is accustomed to exercising in his own affairs.
(6) The customer’s liability for damages in the event of a breach of the obligation to return the product for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.
(8) In addition, claims against the manufacturer may also exist within the framework of a warranty granted by the manufacturer, which shall be governed by the corresponding warranty conditions.
(9) The legal warranty of Vito Nautika ends two years after delivery of the goods. The period shall commence upon receipt of the goods.
The contract concluded between you and Vito Nautika shall be governed exclusively by the laws of the Federal Republic of Germany under the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.
Place of jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you move your place of residence abroad after concluding the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be [the registered office of the operator of the online store].
Protection of minors.
Protection of minors
If goods are purchased that are subject to the protection of minors, an age verification is carried out by appropriate measures to verify the identity and age of the buyer. The goods will only be handed over if the customer can prove that he is of age.
General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
(1) Should individual provisions of this Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of the Agreement, provided that one of the contracting parties is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.