of CHAMPIONSHIPS Yachting GmbH

Version from 1.03.2020

1. Scope

1. 1. These General Terms and Conditions (hereinafter referred to as "GTC") shall apply to all contracts concluded by CHAMPIONSHIPS Yachting GmbH, FN 342752y, 1090 Vienna, Währingerstrasse 3/10  (hereinafter also referred to as "Championships" for short), with its customers.
   2. These GTC apply regardless of the type of contract conclusion and therefore also in the case of a contract conclusion using exclusively means of remote communication. The GTC apply to the entire business relationship between Championships and the customer, even if they have not been expressly agreed upon in individual cases. The version of the GTC valid at the time of the conclusion of the contract is authoritative. Deviating or supplementary agreements, which are negotiated in detail by both parties, take precedence over the provisions of these GTC, provided that these deviating or supplementary agreements have been confirmed in writing by Championships.
   3. Championships' customers are understood to be both consumers and businesses as defined by the Consumer Protection Act.
   4. The validity of the customer's general terms and conditions, in particular his terms and conditions of purchase, is expressly excluded. 
   5. The Championships is entitled to amend these GTC at any time. The amended version shall apply from its publication on the Championships website for all contracts concluded thereafter.
2. Offer - Conclusion of contract
   1. All offers of the Championships are subject to change and non-binding. They can be subsequently changed, supplemented or revoked by Championships at any time before the conclusion of the contract. 
   2. The customer's order is considered a binding offer to conclude a purchase contract for the ordered goods. The purchase contract between Championships and the customer is concluded by Championships either expressly accepting the customer's order or actually complying with it by delivering the ordered goods, provided that this delivery is made within 30 days of the customer's order being received by Championships. After the expiration of this 30-day period, the customer is no longer bound to his offer and the purchase contract is considered as not concluded. 
   3. The conclusion of the contract with companies is subject to the proviso that Championships is entitled not to perform or to perform only partially in the event of incorrect or improper third-party delivery. In case of non-availability or only partial availability of the ordered goods, the entrepreneur will be informed by Championships immediately. 
   4. Only declarations made by its managing directors or by employees who have a corresponding written power of attorney are binding for the Championships. Declarations made by other employees of the Championships are not binding on them.
   5. A deviation from the ordered design of the goods is permissible if it is a minor change that is reasonable for the customer; in particular in the case of deviations in series.
3. Retention of title
   1. All goods delivered by Championships to the customer remain the property of Championships until full payment is received.
   2. The customer is obliged to treat the goods with care during the existence of the retention of title. Insofar as maintenance and/or inspection work is required, the customer shall carry this out at its own expense.
   3. Prior to the acquisition of ownership, the customer is only entitled to resell, pledge or otherwise transfer to third parties goods to which Championships retains title with the prior written consent of Championships. If a third party asserts rights to the goods subject to retention of title in the context of execution or insolvency proceedings, the customer must immediately notify the Championships thereof in writing and inform the third party of the Championships' ownership.
   4. Championships is entitled to withdraw from the contract and demand the return of the goods in case of breach of contract by the customer, especially in case of default of payment.
   5. In the event of a resale of the goods by a customer who is an entrepreneur, the customer already now assigns to Championships all claims in the amount of the invoice amount that accrue to it against a third party as a result of the resale and undertakes to make a corresponding note in its books or on its invoices. The Championships expressly accepts this assignment.
4. Rights of withdrawal of the consumer
   1. If the customer is a consumer in the sense of the KSchG, he/she has the right to withdraw from the contract within 14 days without giving reasons according to § 11 FAGG if the contract was concluded exclusively using means of distance communication or outside the business premises of the Championships (the business premises also include exhibition stands of the Championships). 
   2. There is no right of withdrawal if the goods are to be manufactured according to customer specifications or are clearly tailored to personal needs.
   3. The withdrawal period for service contracts begins on the day of the conclusion of the contract, for purchase contracts and other contracts aimed at the acquisition of goods against payment.

a) on the day on which the customer or a third party not acting as a carrier and designated by the customer acquires possession of the goods,

b) if the customer has ordered several goods as part of a single order, which are delivered separately, on the day on which the customer or a third party designated by the customer and not acting as a carrier acquires possession of the last goods delivered,

c) in the case of delivery of goods in several partial consignments, on the day on which the customer or a third party not acting as carrier and designated by the customer acquires possession of the last partial consignment, and

d) in the case of contracts for the regular delivery of goods over a fixed period of time, on the day on which the customer or a third party designated by the customer and not acting as a carrier acquires possession of the goods first delivered.

4. 4. If the Championships have not fulfilled their duty to inform about the right of withdrawal, the withdrawal period is extended by twelve months. If the Championships make up for their duty to inform about the right of withdrawal within twelve months, the period ends within 14 days from receipt of this information.
   5. In order to exercise the right of withdrawal according to § 11 FAGG, the customer has to inform Championships by means of a clear declaration about his decision to withdraw from this contract. This declaration has to be made either by letter to Championships Yachting GmbH, Währingerstrasse 3/10, 1090 Vienna, e-mail: hans@championships.at. Returning the goods without comment is not sufficient. In order to exercise the right of withdrawal, the customer can use the sample withdrawal form available on the website www.championships.at. The use of this form is not mandatory, however. However, its use is not mandatory. In order to comply with the withdrawal period, it is sufficient that the customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
   6. If the customer withdraws from a contract in accordance with § 11 FAGG, Championships must return all payments to the customer without delay and at the latest within 14 days from the day on which the notification of the customer's withdrawal from a contract was received by Championships. For this repayment, Championships will use the same means of payment that the customer used in the original transaction, unless expressly agreed otherwise with the customer. No fee will be charged for the repayment. Championships may refuse repayment until it has received the goods back or until the customer has provided proof that the customer has returned the goods to Championships. In case of withdrawal from the contract, the customer has to bear the costs of returning the goods.
   7. No costs are incurred by Championships for the use of the means of distance communication used for the conclusion of the contract. However, the customer is informed that he may incur costs from his contracts with providers of means of distance communication.
5. Prices
   
   4. Unless otherwise agreed in writing, the prices in the brochures and price lists of the Championships apply. The version valid at the time of the conclusion of the contract is decisive in each case. These prices are valid until revoked. All price quotations are subject to change unless otherwise stated, in particular in offers, or otherwise agreed in writing.
   5. Any charges associated with an import or export, such as customs duties, expenses and costs, shall be borne by the customer. If the goods are delivered to a delivery address requested by the customer, the costs for this are to be borne additionally by the customer and are not included in the stated prices.
6. Due date of the purchase price and default
   
   4. Unless another payment term is expressly agreed in writing in individual cases, the customer shall pay the purchase price to Championships as follows when purchasing boats:

• one third of the purchase price within two weeks after conclusion of the contract,
• another third of the purchase price within 14 days before the start of production, and
• the remaining third of the purchase price after notification of completion of the object of purchase and before collection or delivery.

6. 2. The boat will be delivered or can be picked up by the customer only after full payment of the purchase price.
   3. When purchasing other goods or services from Championships, the customer must pay the invoice amount without any deductions and free of charges within two weeks after receipt of the invoice to the Championships account indicated on the invoice. Championships is entitled to invoice each individual partial delivery separately.
   4. In case of default in payment, Championships is entitled to claim default interest in the amount of 10%. The claim for compensation of damages exceeding the default interest remains unaffected. The customer must pay or reimburse all expenses associated with the collection of the claim (such as reminder fees and the costs of extrajudicial and/or judicial legal representation).
   5. The customer is - as far as legally permissible - not entitled to set off own claims against claims of Championships or to withhold due payments.

7. Collection, delivery, transfer of risk
   1. Unless delivery to a different address is expressly agreed in writing in individual cases, the customer shall collect the goods from the current Championships warehouse, currently 2700 Wr. Neustadt, Molkereistrasse 4 at its own expense and risk.
   2. In the event that a delivery should be expressly agreed in writing, this will be carried out using customary modes of shipment at the discretion of Championships to the delivery address provided by the customer.
   3. Championships is entitled to make partial deliveries. In case of self-collection of the goods by the customer, the risk and coincidence pass to the customer at the moment of handing over the goods at the business address of Championships. In case of delivery of the goods, the risk and coincidence pass at the time of handing over the goods to the person designated to carry out the shipment. If the customer is in default of acceptance, risk and coincidence shall pass to the customer at the beginning of the default of acceptance.
8. Warranty
   1. In the event of any warranty claims by the customer, Championships is entitled to refuse to improve or replace the goods if this is impossible or would involve a disproportionately high effort for Championships compared to a reduction in the purchase price or conversion. 
   2. Customers who are entrepreneurs must immediately inspect the delivered goods for defects and notify Championships in writing of any defects within one week at the latest from acceptance/receipt of the goods. If the customer violates this obligation to notify defects, the assertion of warranty claims, claims for damages as well as contestation of errors etc. is excluded. Customers who are entrepreneurs shall bear the burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
   3. The warranty period for customers who are consumers is two years from acceptance of the goods, for used goods one year from acceptance of the goods. The warranty period for customers who are entrepreneurs is six months from acceptance of the goods.
   4. Any warranty claims of the customer must be asserted in court within the warranty period, unless they are expressly recognized in writing by Championships.
   5. If the customer is an entrepreneur, the assertion of warranty claims in connection with the batteries installed in the boats is excluded.
9. Damages
   1. Outside the scope of application of the Product Liability Act, Championships is only liable for damages caused by gross negligence or intent. Liability for slight negligence, compensation for consequential damages and financial losses, savings not achieved, loss of interest, loss of profit and damages from third party claims against the customer are excluded.
   2. Claims for damages against the Championships are subject to a limitation period of six months from the date of knowledge of the damage and the damaging party.
10. Force majeure
    1. In the event of force majeure, Championships is entitled to withdraw from an agreement in whole or in part or to suspend delivery for the duration of the force majeure condition.
    2. Force majeure shall in any case include, but not be limited to, circumstances such as civil unrest, war, strike, natural disasters, epidemics, terrorism, weather conditions, traffic conditions such as road closures, road works or traffic jams, fires, governmental measures or similar events, the effect of which on the performance of the contract is not attributable to either party.
    3. If an expected delivery date has been specified in a purchase agreement, Championships will endeavor to meet that delivery date.
11. Data protection and advertising measures
    1. In the event of the conclusion of a contract, Championships collects and processes the personal data provided to it by the customer in its system and uses it for the duration of the contract processing. 
    2. For purposes of advertising and market research, as well as for the needs-based design of the offer, the Championships creates and uses anonymized user profiles. 
    3. The customer agrees to be informed by telephone, by electronic data transmission, in particular by e-mail, by fax, in writing or in person about current offers, goods and services of Championships.
12. Regulations for the prevention of money laundering and terrorist financing
    1. The customer undertakes to provide comprehensive information to Championships, in particular to ensure compliance with §§ 365m to 365z GewO or other relevant legal provisions. The customer undertakes to submit to Championships any documents that are to be reviewed in consideration of the relevant legal provisions. If the documents are not in German, the customer must ensure that third parties can understand the documents and ownership. Upon first request, the customer shall provide Championships with corresponding certified translations in  German language available.
    2. In the event of a breach of the duty to provide information, the customer undertakes to indemnify and hold Championships harmless for all resulting damages.
13. Final Provisions, General
    1. The place of payment and performance for all services is 7100 Neusiedl am See, Austria. The business relationship between Championships and the customer is subject to Austrian law with the exception of the conflict of laws rules. The applicability of UN sales law is excluded.
    2. For all disputes between Championships and the customer, the court with subject matter jurisdiction for 1030 Vienna is locally responsible. However, Championships reserves the right to bring an action against the customer at the customer's general place of jurisdiction.
    3. In the case of customers who are consumers, the stated place of jurisdiction shall only be deemed agreed if the customer has his domicile, habitual residence or place of employment in this judicial district or if the customer lives abroad.
    4. Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the invalid provision in terms of its economic content. The same shall apply to any loopholes in these GTC.