General Terms And Conditions

GENERAL TERMS AND CONDITIONS OF BUSINESS (AGB) § 1 SCOPE OF APPLICATION

For the business relationship between Surfganic and the client, the following general terms and conditions of business apply exclusively from 08.06.2020, regardless of the means of communication used. The client acknowledges the exclusive validity of Surfganic's GTC for the entire business relationship. Surfganic does not recognize deviating conditions of the client, unless the management of Surfganic would have expressly agreed to their validity in writing. If the client enters into a business relationship with Surfganic by using the website, he accepts the GTC as the basis for the entire business relationship between the client and Surfganic.

§ 2 CONCLUSION OF CONTRACT AND CANCELLATION

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking the button "Buy now" you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order by an automated e-mail and does not constitute an acceptance of the contract. The acceptance of the contract does not take place until you receive an e-mail from us confirming the dispatch of the goods or the order. We can accept your order within two days. You have the option of concluding the purchase contract in German or English. Order and business language is also optionally German or English. We save the text of the contract and send you the order data by e-mail. You can view orders already placed in your customer account, provided you have registered with us. If we can accept the offer or if certain products of the order are no longer available, you will be informed immediately. In case of typing, printing or calculation errors on the website Surfganic is entitled to withdraw from the contract. All offers are valid while stocks last. If our supplier does not supply us with the ordered goods despite contractual obligations, we are also entitled to withdraw from the contract. In this case you will be informed immediately that the ordered product is not available. The purchase price already paid will be refunded within 14 working days (Saturday does not count as working days) or, if desired, offset against other goods. We may refuse a refund until we have received the goods back or until you have provided us with proof that the goods have been returned, whichever is earlier. The instruction about the conditions and consequences of the right of withdrawal are listed in the following withdrawal instruction: RIGHT OF CANCELLATION You have the right to cancel this contract within 14 days without giving reasons. The statutory revocation period is 14 days from the day on which you or a third party other than a carrier have taken possession of the goods or, in the case of partial deliveries, the last goods. In order to exercise your right of revocation, you must inform us (Surfganic, Finkenweg 7 , 33378 Rheda-Wiedenbrück, aloha@surfganic.com, Tel.: +49 1590 1712899 by means of a clear statement (e.g. an e-mail) about your decision to revoke the contract. You can use the cancellation form provided by us, but this is not mandatory. In order to comply with the cancellation period, it is sufficient to send the notification of the exercise of the right of cancellation before the end of the cancellation period. Consequences of revocation In the event of a valid revocation, we shall pay you all payments we have received from you, including delivery costs (with the exception of additional costs if you have chosen a delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we receive notification of your revocation of your contract. We may refuse to refund until we have received the goods back or until you have provided us with proof that the goods have been returned, whichever is earlier. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will we charge you for this refund. Please send the goods immediately and in any case within 14 days from the day you informed us of the cancellation of this contract: Surfganic Finkenweg 7 33378 Rheda-Wiedenbrück. The deadline is met if you send the goods before the end of the fourteen-day period. If you are not able to return or hand over the received performance and use (e.g. advantages of use) or only partially or in a deteriorated condition, you must compensate us for the value. For the deterioration of the goods and for the use of the goods you have to pay compensation only if the use or the deterioration is due to the handling of the goods which goes beyond the examination of the characteristics and the functionality. By "testing the properties and functionality" we mean the testing and trying out of the respective goods, as it is possible and usual in a retail shop. The right of withdrawal does not apply to the following contracts, unless the parties have agreed otherwise: contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection for the consumer's determination is decisive or which are clearly tailored to the consumer's personal needs, contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, contracts for the supply of goods where, after delivery, they have been inseparably mixed with other goods by reason of their nature, contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery, contracts for the supply of newspapers, periodicals or magazines, excluding subscription contracts Items that can be shipped in a package are to be returned at our risk. You shall bear the direct costs of the return shipment. For customers from Germany, the return is free of charge if the value of the corresponding order exceeds 100 Euro. The return of goods that are not suitable for parcel shipment (especially surf and stand up paddle boards) is carried out by a forwarding agency and must also be paid by the customer. The cost of returning the goods via forwarding agent is max. 200 Euro. The costs for the shipping company may vary depending on the country of delivery. END OF THE REFUSAL INSTRUCTIONS Place of performance for business transactions is our company location.

§ 3 DELIVERY

Unless otherwise agreed, delivery will be made to the delivery address indicated by the customer. The delivery will be made by using different shipping service providers depending on the country. The individual delivery conditions and delivery costs can be found in the corresponding detailed information on the information page. If delivery to the customer is not possible because the customer cannot be found at the delivery address provided by the customer, although the delivery time was announced to the customer within a reasonable period of time or the delivery address was not provided correctly, the customer shall bear the costs for the unsuccessful delivery. The delivery will be made from the warehouse, where the place of performance of the delivery is also located. With the handover to the customer, the risk is transferred to the customer. Surfganic is not responsible for delivery and service delays due to force majeure. Events of force majeure entitle Surfganic to postpone the delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract in whole or in part due to the unfulfilled part. Natural disasters, strike, blockade, war, export and import bans and other sovereign interventions are equal to force majeure, no matter if they occur at Surfganic or at one of Surfganic's suppliers. We have to inform the customer immediately of the occurrence of an event of force majeure, which will hinder an upcoming delivery. Deliveries are made worldwide, although for certain countries outside Europe special security checks must be arranged before the delivery can be carried out. This is then clarified with the customer in advance.

§ 4 DUE DUE DATE AND PAYMENT, DELAY

All product prices of Surfganic are gross prices, include the legal VAT of the respective country and are shown in the currency indicated. The prices are valid at the time of ordering including VAT, plus all expenses incurred with the shipping until revoked. The billing is in Euro. In some countries exchange rate differences may occur if payment is made in a different currency. Surfganic calculates with the exchange rates of the European Central Bank. For customers from countries outside the EU, Surfganic will deduct the VAT. The removal of the country-specific import and sales tax is the responsibility of the client and is not in the responsibility of Surfganic.Any customs tariffs incurred are to be paid by the customer. The purchase price is due immediately with the order. The customer can pay the purchase price by cash in advance, Paypal and Paypal Express, regardless of his country. A payment by cash on delivery is only possible in countries of the European Union. In the case of payment by cash on delivery, the resulting shipping costs will be charged without surcharge. If you choose Paypal Express, Surfganic saves the email address and delivery address that is stored with Paypal to be able to process the order. The customer has the possibility to request Surfganic login data at any time so that he can track his order. The payment by Sofortüberweisung is currently only available in Austria, Germany and Switzerland. If you as a customer are in default of payment, Surfganic is entitled to charge default interest at a rate of 5% above the base rate per annum announced by the European Central Bank. If Surfganic has incurred a higher damage due to the delay, Surfganic is entitled to claim this.

§ 5 OFFSET, RETENTION

The customer shall only be entitled to offset if his counterclaims have been legally established or accepted by Surfganic. The customer is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.

§ 6 RETENTION OF PROPERTY

All our deliveries and services are subject to retention of title. The delivered goods remain the property of Surfganic until all claims against the client have been settled in full. If you purchase from Surfganic as an entrepreneur in the exercise of your commercial or independent professional activity, as a legal entity under public law or special fund under public law, we reserve ownership of the purchased goods until all outstanding claims from the business relationship with the client have been settled. The corresponding security rights are transferable to third parties. You shall only be entitled to a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us. Furthermore, you only have a right of retention if your counterclaim is based on the same contractual relationship. If the customer is in arrears with any payment obligations to us, all existing claims shall become due immediately.

§ 7 WARRANTY

The warranty period shall be in accordance with the statutory provisions. This is 2 years and begins from the time of receipt of the goods. Claims against Surfganic from a manufacturer's warranty exceeding warranty claims are, as far as legally permissible, excluded. The customer is only entitled to claims from a manufacturer's guarantee against the manufacturer who has promised the guarantee. The warranty does not cover normal wear and tear or wear and tear through use. If there is a defect in the purchased item for which Surfganic is responsible, Surfganic is entitled to choose between repairing the defect or replacement. If Surfganic is not willing or able to remove the defect/replacement delivery or if this is delayed beyond reasonable time limits for reasons for which Surfganic is responsible, or if the removal of defect/replacement delivery fails in any other way, the client is entitled to withdraw from the contract or demand a corresponding reduction of the purchase price at his own choice. If a warranty case occurs with a product purchased in the online shop, the customer can return the goods to the contact address given. If it turns out that there is no defect covered by warranty, Surfganic will charge the customer for the expenses incurred. The compensation of (defect-) consequential damages, as well as other property damages, financial losses and damages of third parties against the client, as far as it is not a consumer business, is excluded.

§ 8 LIABILITY

Further claims of the client against Surfganic than the warranty claims regulated in § 7, especially claims for damages are excluded as far as legally permissible. Surfganic is therefore not liable for damages not directly caused to the delivered goods themselves and especially not for lost profit or other financial losses of the client. As far as the liability of Surfganic is excluded or limited, this also applies to the personal liability of employees, representatives and assistants. The limitation of liability according to § 8 para.1 shall not apply if the cause of damage is based on intent or gross negligence or if personal injury is involved. 
Surfganic is not responsible for ensuring that the services offered by its website are accessible without interruption or that stored data is preserved. The client expressly acknowledges that bindings have only been installed according to his general instructions. No adjustments are made according to actual body weight, height, riding ability and type of use. The customer therefore acknowledges that sets with mounted bindings are not ready to ride! The customer undertakes to have the adjustments made and continuously checked by an authorised dealer (fitter) in accordance with the applicable standards.

§ 9 LINKS AND REFERENCES

The links set by Surfganic to external sites are only signposts to these sites; they are therefore displayed by means of external links in their own browser windows. Surfganic does not identify itself with the contents of the linked pages and does not assume liability for them.

§ 10 INFORMATION OBLIGATIONS

The client is obliged to give truthful information when ordering. If data of the client changes, especially name, address, e-mail address, telephone number, the client is obliged to inform Surfganic immediately by changing the information. If the client omits this information or gives false data from the beginning, especially a wrong e-mail address, Surfganic can withdraw from the contract, as far as a contract has been concluded.

§ 11 APPLICABLE LAW AND JURISDICTION

German law applies. German law shall apply exclusively to all legal transactions between Surfganic and the client, as far as there are no mandatory legal regulations to the contrary, excluding its referral norms and the UN Convention on Contracts for the International Sale of Goods. For consumers as defined in article 5 EVÜ (convention on the international sale of goods) their national mandatory consumer protection regulations shall apply, unless the respective German regulations are more favourable for the consumer. If the customer does not have a general place of jurisdiction in Germany, moves his place of residence or usual abode abroad after conclusion of the contract, or his place of residence or usual abode is unknown at the time of filing a suit, Rheda-Wiedenbrück is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. If the customer has his place of residence or his usual place of abode or is employed in Germany, then only the jurisdiction of the court in whose district the place of residence, usual place of abode or place of employment is located can be established for a lawsuit against him in accordance with §§ 88, 89, 93 para. 2 and 104 para. 1 JN. This does not apply to legal disputes that have already arisen. For possible legal disputes arising from the contract, the mandatory consumer law provisions at the customer's place of residence shall also apply to the contractual relationship.

§ 12 Alternative Dispute Resolution according to Art. 14 para. 1 ODR Regulation and § 36 VSBG The European Commission provides a platform for online dispute resolution (OS), which can be reached at http://ec.europa.eu/consumers/odr/. We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board. We do not take part in dispute resolution procedures.

§ 13 DATA PROTECTION

All data collected by Surfganic will be used and processed exclusively within the framework of the applicable data protection laws in accordance with our data protection regulations.

§ 14 SALVATORY CLAUSE

If individual provisions of the present contract become invalid or unenforceable, or invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by enforceable and effective provisions whose effects come closest to the economic objective which the contracting parties pursued with the invalid or unenforceable provision. The above provisions shall also apply in the event that the contract proves to be incomplete. Last updated 08.06.2020