Terms and conditions


-------------------------------------------------- ----- Terms and Conditions with customer information -------------------------------------------------- ----- contents ------------------ 1. Scope 2. Conclusion of contract 3. Right of withdrawal 4. Prices and terms of payment 5. Delivery and shipping conditions 6. Retention of title 7. Liability for defects (warranty) 8. Special conditions for the processing of goods according to the customer's specifications 9. Redemption of action vouchers 10. Redemption of gift vouchers 11. Applicable law 12. Code of Conduct 13. Alternative Dispute Resolution 1) Scope 1.1 These General Terms and Conditions (hereinafter "GTC") of Ralph Kruse, acting under "Windsurfshop.de" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the seller regarding the goods presented by the seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise. 1.2 For contracts for the delivery of vouchers, these terms and conditions apply accordingly, unless expressly stipulated otherwise. 1.3 Consumers within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity. 2) Conclusion of contract 2.1 The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer. 2.2 The customer may submit the offer via the online order form integrated into the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. 2.3 The seller may accept the offer of the customer within five days, - by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or - by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or - by asking the customer for payment after submitting his order. If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day following the date on which the offer is sent by the customer and ends on the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent. 2.4 If the payment method "PayPal Express" is selected, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions of payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full. If the customer selects "PayPal Express" as part of the online ordering process, he also issues a payment order to PayPal by clicking on the button that concludes the order process. In this case, the seller already declares the acceptance of the offer of the customer at the time in which the customer triggers the payment process by clicking the button concluding the order process. 2.5 If the payment method "Amazon Payments" is selected, payment will be processed via the payment service Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg (hereinafter "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https: / /payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method in the online order process, he also issues a payment order to Amazon by clicking on the button that concludes the order process. For this case, the seller already explains the Annahme of the offer of the customer at the time in which the customer triggers the payment process by clicking the finalizing the order process button. 2.6 When placing an offer via the online order form of the seller, the contract text is stored by the seller after conclusion of the contract and sent to the customer after sending his order in writing (eg e-mail, fax or letter). Any further provision of the contract by the seller is not possible. If the customer has set up a user account in the online shop of the seller before sending his order, the order data will be archived on the website of the seller and can be accessed by the customer via his password-protected user account, stating the corresponding login data free of charge. 2.7 Prior to the binding submission of the order via the seller's online order form, the customer can detect 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 help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process. 2.8 The contract is concluded in German and English. 2.9 Order processing and contacting are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered. 3) Right of withdrawal 3.1 Consumers are in principle entitled to a right of withdrawal. 3.2 Further information on the right of withdrawal arises from the cancellation policy of the seller. 4) Prices and terms of payment 4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory value added tax. If applicable, additional delivery and shipping costs are specified separately in the respective product description. 4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (such as customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union. 4.3 The payment option (s) will be communicated to the customer in the online shop of the seller. 4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date. 4.5 If payment is made using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the terms of the PayPal Terms of Use, available at https://www.paypal.com/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions of payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full. 4.6 If the payment method "IMMEDIATELY" is selected, the payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "IMMEDIATE"). In order to be able to pay the invoice amount "IMMEDIATELY", the customer must have a PIN / TAN online banking account enabled to participate in "IMMEDIATE RELEASE", legitimize himself during the payment process and have the payment order vis-à-vis "IMMEDIATE". to confirm. The payment transaction will be carried out immediately after "IMMEDIATE" and the customer's bank account will be debited. Further information about the "IMMEDIATE" payment method can be found on the internet at https://www.klarna.com/sofort/. 5) Delivery and shipping conditions 5.1 The delivery of goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction is in the order processing of saleshe specified delivery address. 5.2 If the transport company sends the goods back to the seller, as delivery to the customer was not possible, the customer bears the costs for unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the impossibility of service delivery or if he was temporarily prevented from accepting the service offered, unless the seller has informed him of the service a reasonable time in advance would have. Furthermore, this does not apply to the cost of the consignment, if the customer exercises his right of withdrawal effectively. For the return costs applies in case of effective exercise of the right of withdrawal by the customer to the provision made in the cancellation policy of the seller. 5.3 Pickup is not possible for logistical reasons. 6) Retention of title If the seller in advance, he reserves the right to the ownership of the delivered goods until full payment of the purchase price owed. 7) Liability for defects (warranty) 7.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply. 7.2 Deviating from this applies to used goods: claims for defects are excluded if the defect occurs only after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply - for items that have been used for a building in accordance with their normal use and have caused its defectiveness, - for damages and reimbursement claims of the customer, as well - in the event that the seller has fraudulently concealed the defect. 7.3 The customer is requested to claim delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects. 8) Special conditions for the processing of goods according to specific specifications of the customer 8.1 If the seller owes the content of the contract in addition to the delivery of goods and the processing of goods according to specific specifications of the customer, the customer has the operator all the necessary for processing content such as text, images or graphics in the file formats specified by the operator, formatting, image - and file sizes to provide and give him the necessary rights of use. The customer is solely responsible for the procurement and the acquisition of rights to this content. The customer declares and accepts responsibility for having the right to use the content provided to the seller. In particular, he shall ensure that no third party rights are infringed, in particular copyrights, trademark rights and personal rights. 8.2 The customer indemnifies the seller from claims of third parties which they may assert against the seller in connection with a violation of their rights by the seller as a result of the contractual use of the contents of the customer. The customer also assumes the reasonable costs of the necessary legal defense, including all court and legal fees at the statutory rate. 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 obligated to immediately, truthfully and completely provide the seller with all the information necessary for the examination of the 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 morality. This applies in particular to the release of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-threatening and / or violence-glorifying content. 9) Redemption of action vouchers 9.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter "action vouchers"), can only be redeemed in the vendor's online shop and only during the specified period. 9.2 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon. 9.3 Action vouchers can only be redeemed before the completion of the order process. Subsequent offsetting is not possible. 9.4 Per order, only one action coupon can be redeemed. 9.5 The value of the goods must be at least equal to the amount of the action voucher. Any remaining balance is from the not refunded. 9.6 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference. 9.7 The balance of an action coupon is neither paid in cash nor interest. 9.8 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of its statutory right of withdrawal. 9.9 The action voucher is transferable. The seller can make a liberating effect to the respective owner, who redeems the action voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to shop or the lack of representation rights of the respective owner. 10) Redemption of gift vouchers 10.1 Vouchers that can be purchased via the online shop of the seller (hereinafter referred to as "gift vouchers") can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher. 10.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year following the year of the voucher purchase. Remaining credits 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 certificate can be redeemed per order. 10.5 Gift Certificates can only be used for the purchase of goods and not for the purchase of other gift vouchers. 10.6 If the value of the gift voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference. 10.7 The credit of a Gift Certificate will not be paid in cash or interest. 10.8 The Gift Certificate is transferable. The seller can make a liberating effect to the respective owner, who redeems the gift voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, the inability to shop or the lack of representation rights of the respective owner. 11) Applicable law For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. 12) Code of Conduct - 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_en.pdf. 13) Alternative Dispute Resolution 13.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/odr This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. 13.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.