General Terms & Conditions

General Terms and Conditions of Nautyra Ing. Thomas Malle

Nautyra Ing. Thomas Malle, Zeillergasse 41/1, A-8020 Graz

I. General Terms and Conditions

1. General Provisions:

1.1. All legal transactions concerning deliveries, services, and other performances provided by Nautyra Ing. Thomas Malle to a contractual partner are subject to these General Terms and Conditions of Nautyra Ing. Thomas Malle.

1.2. Contractual provisions deviating from these General Terms and Conditions shall only be legally valid if they have been agreed upon in writing. This requirement of written form also applies to any exclusion of individual or all provisions of these General Terms and Conditions. The contractual partner's General Terms and Conditions, in particular general purchasing conditions, shall only become part of the contract if and to the extent that their application is expressly agreed upon in writing. In the event of any conflict between such applicable General Terms and Conditions of contractual partners and these General Terms and Conditions, the provisions of these General Terms and Conditions shall prevail.

1.3. Should any provision of these Terms and Conditions be or become invalid due to a conflict with mandatory legal provisions, the validity of the remaining provisions of these Terms and Conditions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely approximates the economic intent and purpose of the invalid provision.

Should the invalidity of individual provisions of these Terms and Conditions arise from a conflict with mandatory provisions of the Consumer Protection Act, the foregoing shall apply, with the proviso that the invalidity of these contractual provisions shall only apply if the contractual partner is a consumer within the meaning of the provisions of the Consumer Protection Act.

2. Applicable Law

All legal transactions concluded between Nautyra Ing. Thomas Malle and contractual partners on the basis of these Terms and Conditions shall be governed by the provisions of Austrian law, with the proviso that, to the extent legally permissible, references to provisions of other legal systems within the framework of Austrian private international law shall be disregarded and the applicability of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.


3. Place of Performance and Jurisdiction

The place of performance is the registered office of Nautyra Ing. Thomas Malle in Graz, Austria. Graz is agreed as the place of jurisdiction for all disputes arising from this agreement, meaning that the court with subject-matter and territorial jurisdiction for Nautyra Ing. Thomas Malle shall have jurisdiction for all disputes arising from legal relationships subject to these General Terms and Conditions. If the contractual partner is a consumer within the meaning of the Austrian Consumer Protection Act, this agreement on jurisdiction shall apply subject to the applicability of Section 14 Paragraph 1 of the Austrian Consumer Protection Act.

4. Payment

4.1. Unless otherwise agreed in writing in a specific case, all payments by the contractual partner for deliveries, services, and other performances provided by Nautyra Ing. Thomas Malle are due promptly upon receipt of the invoice.

4.2. All prices quoted in offers or order forms are gross amounts, including value-added tax at the applicable statutory rate, unless otherwise stated.

4.3. In the event of default, Nautyra Ing. Thomas Malle is entitled to claim default interest from the date of default at the following rates:

- If the contractual partner is a consumer: 12% default interest per annum.

- If the contractual partner is a business, the interest owed in the event of default according to Section 1333 Paragraph 2 of the Austrian Civil Code (ABGB).

In the event of default by the contractual partner, Nautyra Ing. Thomas Malle is entitled, but not obligated, to attempt to collect outstanding receivables out of court, either directly or through other persons, in particular debt collection agencies or lawyers, before initiating legal enforcement measures. If Nautyra Ing. Thomas Malle uses the services of other companies, such as debt collection agencies or lawyers, to collect outstanding receivables from contractual partners, the contractual partner is obligated to bear the costs of these companies' intervention to the following extent:

- In the case of a debt collection agency: Those costs that are reasonable according to the Regulation of the Federal Minister for Economic Affairs on the Maximum Fees Due to Debt Collection Agencies, Federal Law Gazette 141/1996, as amended.

- In the case of a lawyer's intervention: The standard fees for gathering information and drafting a demand letter according to the provisions of the Austrian Lawyers' Fees Act (RATG), as amended.

4.4. If, as agreed, payments by the contractual partner are to be made in installments, default shall apply. Unless the provisions of Section 13 of the Consumer Protection Act apply to consumer transactions, default shall occur if the contractual partner fails to pay even a partial payment by the agreed due date. In such a case, the entire outstanding balance owed to Nautyra Ing. Thomas Malle at the time of default shall become immediately due and payable, and any discounts or other benefits granted to the contractual partner at the time of conclusion of the contract shall be void.

4.5. Prohibition of Set-Off
Set-off against outstanding claims of the contractual partner against Nautyra Ing. Thomas Malle and the withholding of payments based on alleged counterclaims by the contractual partner that are not recognized by Nautyra Ing. Thomas Malle are excluded. If the legal transaction is a consumer transaction for the contractual partner, this provision applies in accordance with Section 6 Paragraph 1 Item 8 of the Austrian Consumer Protection Act (KSchG).

5. Retention of Title

All goods delivered by Nautyra Ing. Thomas Malle, to which title can be established, remain the property of Nautyra Ing. Thomas Malle until full payment of all claims arising from this delivery of goods. During the period of retention of title, any disposition of the goods subject to retention of title, such as pledging or assignment by way of security, is prohibited. Processing or transformation of the goods subject to retention of title is also prohibited; in the event of processing or transformation contrary to this provision, Nautyra Ing. Thomas Malle's retention of title extends to the newly created goods resulting from the processing or transformation. The contractual partner is obligated to inform Nautyra Ing. Thomas Malle immediately and completely of any seizure or other interference with Nautyra Ing. Thomas Malle's ownership rights (e.g., filing of a claim for return of the goods). The contractual partner is obligated to handle the goods with care while the retention of title remains in effect. In the event that Nautyra Ing. Thomas Malle asserts its retention of title, the contractual partner is obligated to return the goods immediately and must compensate Nautyra Ing. Thomas Malle for any depreciation in value that occurred between delivery and return of the goods, regardless of fault.

6. Liability

Nautyra Ing. Thomas Malle is liable for damages incurred by the contractual partner only in cases of intent or gross negligence, whereby liability is limited to direct damages. Liability for lost profits and consequential damages is excluded.

II. Special Provisions:

A. Special Provisions for Hardware Sales:

1. Prices

All prices are quoted ex works/ex warehouse Nautyra Ing. Thomas Malle.

In the case of delivery by mail, all packaging, transport, and insurance costs are to be borne by the customer. Any disposal costs are also the responsibility of the customer.

Prices and availability information in brochures, catalogs, or online at www.Nautyra.business and similar sources are non-binding. Quoted prices are subject to change without notice and are subject to errors and omissions.

2. Warranty

Unless specific characteristics are expressly agreed upon in writing, Nautyra Ing. Thomas Malle delivers goods of standard commercial quality. Nautyra Ing. Thomas Malle provides no warranty or guarantee regarding the permissibility of exporting the purchased goods if the contractual partner intends to do so.

To the extent that Nautyra Ing. Thomas Malle is obligated to repair or replace goods under the statutory warranty, the warranty claim will be fulfilled by repair or replacement at Nautyra Ing. Thomas Malle's registered office, unless an express written agreement to the contrary regarding the place of performance for warranty claims was made at the time of contract conclusion. The decision as to whether the warranty claim is fulfilled by repair or replacement of the defective goods is at the discretion of Nautyra Ing. Thomas Malle. Only after two unsuccessful attempts to remedy the defect may the contractual partner assert a claim for a price reduction, or, in the case of a non-minor defect, a claim for rescission of the contract. The shipment of goods to be repaired or replaced to the registered office of Nautyra Ing. Thomas Malle is at the expense and risk of the contractual partner. To preserve the warranty claim, the contractual partner must return the defective goods to Nautyra Ing. Thomas Malle in their original packaging, including all accessories supplied with the goods and the operating instructions, and must include a detailed description of the defect, specifying when the defect was discovered. This return must be made within one week of discovering the defect, otherwise the warranty claim is forfeited – unless the contractual partner is a consumer as defined by the Consumer Protection Act.

Any warranty claim of the contractual partner expires if they, their employees, or third parties carry out or have carried out work on delivered goods, including any software or parts thereof supplied by Nautyra Ing. Thomas Malle, without having given Nautyra Ing. Thomas Malle the opportunity to rectify the defect themselves. This also applies if the contractual partner improperly modifies or adds accessories to delivered goods or parts thereof by installing accessories. A warranty claim is excluded if damage occurs due to an operating error that clearly contradicts instructions and information provided during any training that may have taken place.

Parts subject to normal wear and tear are excluded from the warranty.

3. Delivery Periods

Agreements regarding delivery periods and delivery dates are only binding once confirmed in writing by Nautyra Ing. Thomas Malle. In the event of a delay by Nautyra Ing. Thomas Malle, the contractual partner must grant a standard grace period of at least three weeks before any statutory right of withdrawal can be exercised. An agreed delivery date is considered met if the goods are dispatched or made available for collection on time.

4. Delivery by Mail

Goods shipped by us are insured for their value; any additional insurance that may be necessary will be automatically arranged at the expense of Nautyra Ing. Thomas Malle.

B. Additional Provisions

1. Cancellation or Withdrawal

The statutory provisions for cancellation apply to deliveries to consumers. Commercial buyers are excluded from this and have no right of withdrawal.

2. Buyers with a Delivery Address Outside of Austria

Sales to customers with a delivery address outside of Austria are subject to the provisions of the European Union's EPR (Extended Producer Responsibility) and its member states regarding the WEEE and Packaging Ordinance.

These buyers must act as resellers and are therefore the distributors of the purchased packaged goods in the destination country.

Distributors are responsible for reporting and paying any applicable duties and taxes in the respective country.

By completing the order, the buyer with a delivery address outside of Austria confirms that they are a reseller and the distributor in the destination country.

3. Cancellation of an order using any payment method except bank transfer (e.g., PayPal, credit card, eps, Google Pay, Apple Pay, etc.)

Payment service providers charge a 3% fee for payments made by the customer during the ordering process. This fee is deducted from the payment amount, and the remaining balance is paid to us as the seller. However, in the event of a cancellation by the customer, this fee is not refunded to us as the seller. Therefore, we are always responsible for paying this fee to the payment service provider – even in the case of non-delivery due to cancellation or a subsequent cancellation after receipt of the goods. For this reason, the refunded amount is the payment amount less the 3% payment service provider fee, which is non-refundable.

Graz, January 1, 2026