Terms of service

Terms and Conditions (T&C) – Dive Intelligence

Dive Intelligence | Intelligence Commerce & Advisory GmbH
6341 Ebbs, Austria

1. Scope and Provider

These Terms and Conditions apply to all contracts concluded via our online shop between us and you as the customer. The version valid at the time of your order shall apply.

Note for consumers:
For consumers within the meaning of the Austrian Consumer Protection Act (KSchG), mandatory legal provisions take precedence over these terms. In case of conflict, statutory rights prevail.

2. Conclusion of Contract

  • Product presentations in our shop are not legally binding offers, but non-binding invitations to place an order.

  • By clicking the order button, you submit a binding offer to purchase the items in your cart.

  • An automatic confirmation of receipt follows your order but does not yet constitute acceptance.

  • A binding contract is only formed once we explicitly confirm the order via email or dispatch the goods.

  • Contracts are concluded in German. The contract text is not stored permanently, but you can print or save your order details after completing the order.

3. Prices and Payment

  • All prices are listed in euros and include applicable VAT.

  • Available payment methods are shown during the checkout process.

  • Orders are shipped after payment has been received.

4. Right of Withdrawal (for Consumers)

Consumers have the right to withdraw from the contract within 14 days without giving any reason.

Exceptions include:

  • Sealed items not suitable for return due to hygiene reasons once unsealed

  • Custom-made or personalized products

Returns & Shipping Costs
(according to the Distance and Off-Premises Contracts Act – FAGG)

In case of withdrawal, you bear the direct cost of returning the goods unless otherwise agreed.

A detailed withdrawal policy and sample withdrawal form can be found on our website.

5. Delivery and Shipping

  • Deliveries are made to the address provided within the specified delivery areas.

  • Delivery times are non-binding unless a specific date was expressly agreed.

6. Retention of Title

Goods remain our property until full payment has been received.

7. Liability

  • We are fully liable for intent and gross negligence.

  • For simple negligence, we are only liable for breaches of essential contractual obligations, and only for foreseeable damages.

  • In cases of injury to life, body, or health, we are also liable for slight negligence.

8. Data Protection

Personal data is processed in accordance with the GDPR and Austrian data protection laws.
Details can be found in our [Privacy Policy].

9. Website Use & Prohibited Activities

Use of our website is permitted only within the bounds of the law.

In particular, the following is prohibited:

  • Uploading harmful code (e.g., viruses)

  • Automated data scraping or extraction

  • Violating personality rights, copyrights, or other third-party rights

10. Customer Accounts and Order Data

  • Creating a customer account is optional.

  • You agree to keep your account information accurate and up to date.

  • We reserve the right to suspend or delete accounts in cases of misuse.

11. Third-Party Providers and Tools

  • Our website may use third-party tools or services (e.g., payment providers, shipping tools).

  • We are not liable for the content or data handling of third parties.

  • Use of such services is at your own risk and subject to the terms of the respective provider.

Our online shop is operated on the platform “Shopify” (Shopify Inc., Canada). Details on Shopify’s data practices are provided in our Privacy Policy.

12. User Content and Feedback

  • Any content you voluntarily submit to us (e.g., reviews, suggestions) may be used, published, and processed by us free of charge.

  • You affirm that your content does not infringe on third-party rights and does not contain unlawful, offensive, or defamatory statements.

We also operate an interactive community and AI-based advisor service.
Content you voluntarily submit in this context may be used anonymously or in modified form to improve our services.
By accepting these terms, you grant us a simple, royalty-free right of use for such purposes.

13. Errors and Changes

  • Occasionally, typographical errors, price inaccuracies, or incorrect product information may occur.

  • We reserve the right to correct such errors and cancel affected orders.

  • We may change our product offering at any time.

14. Termination and Suspension

  • You may stop using our services at any time.

  • We reserve the right to suspend or terminate accounts or contracts without notice if these terms are violated.

15. Severability Clause

If any provision of these terms is or becomes invalid, the validity of the remaining provisions shall not be affected.

16. Governing Law and Jurisdiction

  • Austrian law applies, excluding the UN Sales Convention (CISG).

  • For consumers, this choice of law only applies if it does not deprive you of mandatory protections granted by the law of your country of residence.

  • The place of jurisdiction for business customers is our company headquarters in 6341 Ebbs, Austria.

17. Contact

Dive Intelligence | Intelligence Commerce & Advisory GmbH
6341 Ebbs, Austria
Email: office@diveintelligence.eu