Terms and conditions
General terms and conditions with customer information
Table of contents
- Conclusion of the contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Reservation of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to certain specifications of the customer
- Redemption of campaign vouchers
- Redeeming gift vouchers
- Applicable law
- Code of Conduct
- Alternative dispute resolution
1.1 These general terms and conditions (hereinafter referred to as " GTC ") of Ralph Kruse, acting under " Windsurfshop.de " (hereinafter " Seller "), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter " customer ") with the seller with regard to the information provided by the seller in his online Shop displayed goods complete. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless otherwise stipulated.
1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed ; can be attributed to the activity.
1.4 Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when entering into a legal transaction, is in the exercise of its commercial or independent nature professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process. P >
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the customer's receipt of the order confirmation is authoritative, or
- by delivering the ordered goods to the customer, whereby the customer's receipt of the goods is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 If you select the payment method " Amazon Payments " Payment is processed by the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: " Amazon "), subject to the Amazon Payments Europe user agreement, available at https://payments.amazon.de/help/201751590 . If the customer chooses " Amazon Payments " as a payment method, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares the acceptance of the customer's offer at the point in time at which the customer initiates the payment process by clicking the button that completes the order process.
2.6 When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract is concluded and sent to the customer in text form after his order has been sent (e.g. e-mail, fax or letter). Any further access to the text of the contract by the seller does not take place. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed by the customer via his password-protected user account, specifying the corresponding login - Data can be accessed for free.
2.7 Before placing a binding order using the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the aid of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8 The German and English languages are available for the conclusion of the contract.
2.9 Orders are processed and contact is usually made by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers have a fundamental right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs are indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which the customer is responsible for are wearing. This includes, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer pays from a country outside the European Union undertakes.
4.3 The payment option / s is / are communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
5) Delivery and shipping conditions
5.1 If the seller offers to ship the goods, the delivery takes place within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the costs for the dispatch if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of withdrawal, the provisions made in the seller’s cancellation policy apply.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold is passed on to the customer as soon as the seller sells the goods has delivered to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold does not generally pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold is already transferred to the customer, even in the case of consumers, as soon as the seller delivers the goods to the forwarder, the freight forwarder or the other person to be delivered. has delivered the shipment to a specific person or institution if the customer instructs the freight forwarder, the freight carrier or the other person or institution to carry out the shipment and the seller instructs this person or institution to the customer previously not named.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the responsibility of the seller and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.
5.5 Collection by the customer is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows:
- by email
6) Reservation of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 Unless otherwise specified in the following provisions, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
7.2 If the customer is acting as an entrepreneur,
- the seller has the choice of the type of subsequent performance;
- For new goods, the limitation period for defects is one year from delivery of the goods;
- In the case of used goods, the rights and claims due to defects are excluded;
- The limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.3 The limitations of liability and deadlines set out above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller fraudulently concealed the defect,
- for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for any existing obligation on the part of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer is acting as a merchant within the meaning of paragraph 1 HGB, he is subject to the commercial examination and revision duty in accordance with paragraph 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
7.6 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer has the seller all for the processing to provide the necessary content such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the seller and to grant him the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he has the right to use the content provided to the seller. In particular, he ensures that this does not infringe any rights of third parties, in particular copyrights, trademarks and personal rights.
8.2 The customer exempts the seller from claims by third parties which they may make in connection with a violation of their rights through the contractual use of the customer's content by the The seller can assert this against this. The customer also assumes the necessary costs of legal defense including all court and attorney fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to immediately and truthfully inform the seller. and to provide in full all information necessary for the review of claims and a defense.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or good Violate morals. This applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to young people and / or glorifies violence.
9) Redemption of campaign vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter " Promotional vouchers ") can only be redeemed in the seller's online shop and only within the specified period.
9.2 Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
9.3 Campaign vouchers can only be redeemed before the order process has been completed. Subsequent offsetting is not possible.
9.4 Only one campaign voucher can be redeemed per order.
9.5 The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
9.6 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
9.7 The credit of a campaign voucher is neither paid out in cash nor is interest paid.
9.8 The campaign voucher will not be reimbursed if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
9.9 The campaign voucher is transferable. The seller can deliver with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the incapacity or the lack of authorization of the respective owner.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased via the seller's online shop (hereinafter referred to as " gift vouchers ") can only be purchased in the online shop. Shop of the seller can be redeemed, unless otherwise stated in the voucher.
10.2 Gift vouchers and remaining balance of gift vouchers can be redeemed up to the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
10.4 Only one gift voucher can be redeemed per order.
10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
10.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
10.7 The balance of a gift voucher is neither paid out in cash nor is interest paid.
10.8 The gift voucher is transferable. The seller can deliver with discharging effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the incapacity or the lack of authorization of the respective owner.
11) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident is not withdrawn.
12) Code of Conduct
- The seller has accepted the conditions of participation for the eCommerce initiative " Fairness in Retail " subject to, which can be found on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/ are visible.
- The seller has followed the guidelines for " Google Customer Reviews " subject to the Internet at https://support.google.com/merchants/topic/7105962 are visible.
- The seller has submitted to the Trusted Shops quality criteria, which are available on the Internet at http: //www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf .
13) Alternative dispute resolution
13.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
13.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board..