Conditions of Use

General terms and condition of business for ENDCUSTOMER
of FT-TEC Electronics GmbH (hereinafter referred to as COMPANY)

FN: 421269p
Werner von Siemens Strasse 5,
A-7343 Neutal
E-mail: office@ft-tec.com
Phone: +43 2618 20455-0
VATIN: ATU 68952323
Member of the Austrian Economic Chambers



1. Area of applicability:
The COMPANY's supplies, services and offers are exclusively based on these general terms and conditions of business (hereinafter referred to as GTC). The COMPANY shall not accept any terms and conditions imposed by the customer that contradict and deviate from these GTC, unless it has explicitly approved their applicability. Actions taken by the COMPANY to fulfil the agreement shall not be deemed to be an approval of contractual provisions that deviate from the GTC. These GTC shall also serve as a framework agreement for all other legal transactions between the contracting parties.

2. Orders and conclusion of agreement
a. The presentation of the goods in the online shop shall not constitute a binding offer by the COMPANY for the conclusion of a purchase agreement. Customers are merely invited to submit an offer in the form of an order.
b. Goods are ordered as follows:
c. The customer selects the required goods
d. The customer enters the registration data for the online shop (forename, surname, house number and street, post code, city, country, e-mail address). After initial registration, only the e-mail address and password is required for logging on
e. The pre-contractual consumer information pursuant to Section 5a of the Consumer Protection Act (Konsumentenschutzgesetz – KSchG) and Section 4 of the Distance Selling and External Transactions Act (Fern- und Auswärtsgeschäfte-Gesetz – FAGG) is displayed
f. The customer selects the delivery method and payment type (pre-payment)
g. The customer checks the information in the shopping basket
h. The customer confirms the order by clicking the "Commit to buy" ("zahlungspflichtig bestellen") button
i. The customer re-checks the data and applies any necessary corrections
j. The customers commits to buy and sends the order
k. By sending the order in the online shop, the customer makes a binding offer with the aim to conclude a purchase agreement for the goods in the shopping basket. By sending the order, the customer shall acknowledge the pre-contractual consumer information and these GTC as the exclusive basis for the legal transaction with the COMPANY.
l. The COMPANY confirms receipt of the customer's order by sending a confirmation e-mail. However, such order confirmation shall not yet constitute the acceptance of the proposed agreement by the COMPANY. It merely serves to inform the customer that the COMPANY has received the order. The acceptance of the proposed agreement is declared by dispatching the goods or through an explicit confirmation of acceptance.

3. Consumer's right of withdrawal pursuant to Section 11 FAGG:
a. The customer, who is a consumer within the meaning of the Consumer Protection Act (Konsumentenschutzgesetzes – KSchG), may withdraw from an agreement concluded outside the COMPANY's business premises or from a remote sales agreement within a period of fourteen working days, except in the case of a legal exception being applicable.
b. The withdrawal period is fourteen calendar days. For goods supply agreements, it starts on the day the consumer (customer) or a third party appointed by the consumer, who is not the carrier, takes possession of the goods. For agreements regarding several goods that were ordered together but are dispatched separately, it starts on the day the consumer (customer) or a third party appointed by the consumer, who is not the carrier, takes possession of the last goods. It is sufficient if the consumer (customer) sends off the withdrawal declaration during the withdrawal period.
c. The withdrawal declaration may also be made electronically on a standard withdrawal form that can be downloaded at www.ft-tec.com.
d. The right of withdrawal does not apply to goods manufactured to the customer's specifications that are clearly tailored to suit personal requirements, that are unsuitable for return due to their characteristics, that spoil easily or that have exceeded their sell-by date (Section 18 Paragraph 1 FAGG).
e. If the consumer (customer) withdraws from the agreement, the

i. COMPANY shall refund any payments made, including delivery costs (except any additional costs incurred due to the consumer (customer) selecting a different delivery method to the cost-effective standard delivery method offered by the COMPANY) and compensate the consumer (customer) for any essential and purposeful time and effort expended and

ii. the consumer (customer) shall return the goods received and pay the COMPANY appropriate compensation for their use, including compensation for the decrease in the general value of the goods caused by their use.

In this context, the following statement shall be made with regard to the product FT-TEC SEAANGEL SA14-SART / MOB / KIDS / SURF:

1./ This Device is a modern AIS S.A.R.T. transmitter with a battery life that complies with the applicable legal requirements. The information in the operating manual of the product must be strictly complied with when activating the device, and particularly when activating its test operation.

2./ The customer cannot test the operation of the rescue transmitter. Once the device has been activated, it must be sent to FT TEC Electronics GmbH for maintenance, especially as it will no longer comply with legal requirements. Activating the rescue transmitter completely devalues the device. Once the rescue transmitter has been operated, the device no longer complies with the applicable legal requirements and thus will have lost its functionality. The device will therefore have lost its full market value. Please refer to the applicable information in the operating manual on pages 18 et seqq.

3./ The customer is advised that the device has its own test operation for testing its functionality. The implementation of the test operation is explained on pages 24 et seqq. of the operating manual. The device must never be tested by activating the rescue transmitter. The activation of the rescue transmitter for testing its properties, characteristics or functions is neither intended nor necessary and will result in the complete devaluation of the device.

4./ A seal protects the device against accidental activation of the rescue transmitter. The customer must first break the seal to activate the rescue transmitter. If the customer withdraws from the sale and returns the device to FT-TEC Electronics GmbH after first removing the seal and activating the rescue transmitter, the customer shall have lost all rights to a refund of the purchase price, pursuant to Section 15 Paragraph 4 FAGG. The customer shall no longer receive a refund of the purchase price if the seal has been removed and the device's rescue transmitter has been activated, particularly as the customer has fully devalued the device through such actions.

5./ As described on pages 24 et seqq. of the operating manual, the device has its own test operation. It is pointed out, however, that the device can only be used for an unlimited period of time if such test operation is only carried out once a year. If the device is tested more than once a year, the customer shall return the device to FT TEC Electronics GmbH for maintenance and pay a corresponding maintenance fee of EUR 200.00. The market value of the device is therefore reduced by the essential maintenance fee of EUR 200.00.

Should the customer exercise the right of withdrawal and return the device to FT TEC Electronics GmbH after several test operations, FT TEC Electronics GmbH shall retain a fee of EUR 200.00 to cover essential maintenance and/or as compensation for the reduction of the market value.

iii.The consumer shall carry the direct costs for the return of the goods.


4. Prices and delivery charges:
a. All prices are listed for the individual products on the homepage of the online shop. All prices stated by the COMPANY are exclusive of VAT, unless expressly stated otherwise.
b. The COMPANY's sales prices do not include delivery costs. The customer shall pay the costs of delivery. The actual costs plus an appropriate overhead surcharge, but at a minimum the freight and transport fees for the selected delivery method applicable on the day of dispatch, shall be invoiced as delivery costs.

5. Payment conditions and default interest
a. Pre-payment shall be made for all orders.
b. Should the customer default on payments, the COMPANY may choose to claim compensation for the actual damages incurred or apply default interest in the legally permitted amount. Default interest for consumers is 4% p.a. above the base rate and 9.2% p.a. for companies above the base rate.
c. Should the customer default on payment, the COMPANY may also charge compound interest as from the date of the delivery of the goods.

6. Reminder and recovery fees
In the case of payment delay, the customer shall compensate the COMPANY for all reminder and recovery fees insofar as these are necessary for legal proceedings. For companies, this shall include a flat fee of EUR 40.00 as compensation for recovery costs pursuant to Section 458 of the Austrian Commercial Code (Unternehmensgesetzbuch – UGB). This shall not affect the enforcement of further rights and claims.

7. Default of acceptance
If the customer has not taken possession of the goods as agreed (default of acceptance), even after the expiry of a period of grace offered by the COMPANY, the COMPANY may either store the goods at its own premises, for which the COMPANY may invoice a storage fee of 0.1% of the gross invoiced amount per calendar day started, or store the goods at an authorised third party at the customer's cost and risk. At the same time, the COMPANY may either insist on the fulfilment of the agreement or withdraw from the agreement and utilise the goods in an alternative manner after giving the customer an appropriate period of grace of at least two weeks.

8. Delivery conditions:
a. The COMPANY shall only provide the services once the customer has met all of his own obligations required for the execution of the order.
b. Unless stated otherwise in the order confirmation, the COMPANY shall dispatch the goods within seven working days after receipt of payment.
c. The COMPANY may exceed the agreed deadlines and delivery dates by up to one week. The customer may only withdraw from the agreement once this deadline has expired and after giving an appropriate period of grace.

9. Minor changes to the services provided:
In the case of a transaction with a consumer, minor and other reasonable changes to the terms and conditions of service and delivery shall generally be deemed to have been approved. This applies, in particular, to changes related to the appearance of the goods (such as dimensions, colours, wood and veneer grain, texture, structure, etc.).

10. Compensation:
All compensation claims shall be excluded in the case of slight negligence. This shall not apply to personal damage or – in the case of consumer transactions – damages to items received for processing. The aggrieved party shall carry the burden of proof with regard to the occurrence of slight or gross negligence, if the transaction is concluded with a consumer. The provisions regarding compensation stated in these GTC and otherwise agreed shall also apply if a compensation claim is filed in addition to or instead of a warranty claim.

11. Retention of title:
The COMPANY shall retain the title to all goods supplied and the goods shall remain its property until payment has been received in full. The enforcement of the retention of title shall only constitute a withdrawal from the agreement if such has been explicitly stated. If goods are returned, the COMPANY may invoice any transport and handling costs incurred. In the case of third parties seizing the goods subject to retention of title – particularly in the case of attachment of property – the customer shall point out the COMPANY's ownership rights and inform the COMPANY immediately. If the customer is a consumer or a company that does not ordinarily trade in the COMPANY's goods, he shall not dispose of the goods subject to retention of title, and, in particular, shall not sell, pledge, give away or lend such goods until the outstanding purchase price has been paid in full. The customer carries the full risk for the goods subject to retention of title, particularly the risk of sinking, loss or deterioration.

12. COMPANY's right of withdrawal/unjustified withdrawal by the customer
a.In the case of default of acceptance (Section 7) or other major reasons, such as the customer's payment delays, the COMPANY may withdraw from the agreement if it has not yet been met in full by both parties. If the COMPANY withdraws and the customer has not yet made payment in full, the COMPANY may either claim a flat fee of 15% of the gross invoiced amount or compensation for the actual damages incurred. If customer payments are delayed, the COMPANY shall be relieved of all further service and delivery obligations and may retain any outstanding supplies or services and request pre-payment or guarantees or withdraw from the agreement after giving an appropriate period of grace.
b.If the customer withdraws from the agreement without having the right to do so or if he requests its revocation, the COMPANY may either insist on the fulfilment of the agreement or agree to its revocation. In case of the latter, the customer shall either pay a flat fee compensation of 15% of the gross invoiced amount or compensation for the actual damages incurred, at the COMPANY's option.

13. Data protection, change of address and copyright:
a. The customer shall agree to the personal data contained in the purchase agreement to be stored and processed electronically by the COMPANY as part of the fulfilment of agreement.
b. The customer shall inform the COMPANY about any changes of private or business address as long as the contractual legal transaction has not yet been fully completed by both parties. If the customer fails to provide such information, declarations shall be deemed to have been received if they were sent to the last known address.
c. The COMPANY shall retain the copyright to all plans, drawings or other technical documents as well as samples, catalogues, brochures, picture, etc. at all times. The customer shall not be granted any usufructuary or exploitation right in such items whatsoever.

14. Right of retention:
If the transaction has not been concluded with a consumer and there is a justified complaint (except in the case of a transaction being rescinded), the customer shall not be entitled to retain the full but only a reasonable proportion of the gross invoiced amount. 15. Place of execution, contractual language, choice of law and jurisdiction:
a. The place of execution shall be the location of the COMPANY's head office.
b. The agreement shall be written in German.
c. The contracting parties shall agree to use Austrian jurisdiction. If the transaction has not been concluded with a consumer, the responsible court in the location of the COMPANY's head office shall exclusively rule on all disputes arising from this agreement.
d. Austrian substantive law shall apply to this agreement, excluding its conflict of law rules (e.g. Convention on the Law Applicable to Contractual Obligations 1980, Rome I Regulation) and the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law shall only apply to the extent that it does not infringe any binding statutory provisions of the country of the customer's residence or habitual residence.

16. Partial ineffectiveness:
Should any of the provisions of this agreement be or become legally ineffective and/or void during the term of this agreement, this shall not affect the effectiveness of the other provisions. In such case, the contracting parties shall replace the legally ineffective, invalid and/or void provision with a legally effective and valid provision that comes closest in meaning to the economic benefits of the replaced provision within the boundaries of law.

17. Final provisions:
a. All legally binding declarations made within the scope of this agreement must be placed in writing and sent to the address of the other contracting party that has last been stated in writing. If a declaration is sent to the last disclosed address it shall be deemed to have been received by the corresponding contracting party.13
b. The titles selected for each section merely serve to provide a clear overview and shall therefore not be used for the interpretation of this agreement.
c. The individual rights and obligations arising from these GTC may only be assigned upon the explicit agreement of the other contracting party.

18. Approval pursuant to Section 107 of the Telecommunications Act (Telekommunikationsgesetz – TKG):
The customer shall agree to receive notifications within the meaning of Section 107 of the Telecommunications Act (Telekommunikationsgesetz – TKG) from the COMPANY or companies appointed by the COMPANY for advertising purposes. The customer may rescind this approval at any time by writing to (e-mail address).