GENERAL TERMS AND CONDITIONS (GTC)
§ 1 APPLICABLE SCOPE
For the business relationship between Surfganic and the client, the following general terms and conditions apply exclusively from 01.03.2018, regardless of the means of communication used. The client acknowledges the exclusive validity of Blue Surfganic's GTC for the entire business relationship. Divergent conditions of the client are not recognized by Surfganic, unless the management of Surfganic has explicitly 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 RESIGNATION
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 of 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 the earlier. The instruction about the conditions and consequences of the right of withdrawal are listed in the following cancellation policy: 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, firstname.lastname@example.org, Tel.: +49 1590 1712899 by means of a clear statement (e.g. an e-mail) of 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 revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period. Consequences of revocation In the event of an effective revocation, we shall immediately and at the latest within 14 days from the day on which we receive notification of your revocation of your contract, 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). We may refuse to refund you 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 dispatch the goods before the end of the fourteen-day period. If you are not able to return the received performance or use (e.g. advantages of use) or only partially or only 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. The term "testing of the properties and functionality" means 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 determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, 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 if, after delivery, they have been inseparably mixed with other goods because 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 other than subscription contracts. Items that can be shipped in a package are to be returned at our risk. You 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 non-packageable goods (in particular surf and stand up paddle boards) is carried out by a forwarding agency and must also be paid by the customer. The costs of the return shipment via forwarding agency are max. 200 Euro. The costs for the shipping company may vary depending on the country of delivery. END OF RETURNS 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 a delivery to the customer is not possible because the customer cannot be found at the delivery address indicated by the customer, although the delivery time was announced to the customer with a reasonable period of notice or the delivery address was not indicated correctly, the customer bears the costs for the unsuccessful delivery. The delivery is made ex warehouse, where the place of delivery is also the place of performance. 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 imminent delivery. Deliveries are made worldwide, although for certain countries outside Europe special security checks must be arranged before delivery can be made. This is then clarified with the customer in advance.
§ 4 ACCURACY AND PAYMENT, DELAY
All Surfganic product prices are gross prices, include the legal value added tax of the respective country and are shown in the indicated currency. The prices are valid at the time of the order 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 another currency. Surfganic calculates with the exchange rates of the European Central Bank. For customers from countries outside the EU, Surfganic will deduct the value added tax. The removal of the country-specific import and sales tax is the responsibility of the client and is not the responsibility of Surfganic. Any customs tariffs are to be paid by the client. The purchase price is due immediately with the order.The customer can pay the purchase price by prepayment, Paypal and Paypal Express, regardless of his country. 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. In case of Paypal Express, Surfganic saves the email address and delivery address deposited with Paypal in order 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 instant bank transfer 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 of 5% above the base rate p.a. announced by the European Central Bank. If Surfganic has incurred a higher damage caused by delay, Surfganic is entitled to claim this.
§ 5 OFFSET, RETENTION
The client 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 the complete settlement of all existing claims against the customer. If you buy from Surfganic as an entrepreneur in the exercise of your commercial or self-employed professional activity, as a legal entity under public law or special fund under public law, we reserve the right of ownership of the purchased goods until the settlement of all outstanding claims from the business relationship with the customer. The corresponding security rights are transferable to third parties. You are only 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 towards us, all existing claims are 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 that exceeds the warranty claims are excluded as far as legally permissible. 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 discretion. 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 that is subject to 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 that did not occur directly 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 personal injury. Surfganic is not liable for ensuring that the services offered by its website are accessible without interruption or that stored data is preserved. The client explicitly acknowledges that bindings have only been installed according to his general instructions. No adjustment is 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 (mechanic) 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 in their own browser windows by means of external links. Surfganic does not identify itself with the contents of the sites to which it is linked and assumes no liability for them.
§ 10 INFORMATION OBLIGATIONS
The client is obliged to give truthful information when ordering. If the client's data 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 false e-mail address, Surfganic can withdraw from the contract, as far as a contract has come into being.
§ 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 their national mandatory consumer protection regulations 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 habitual abode abroad after conclusion of the contract, or his place of residence or habitual abode is unknown at the time the action is filed, then Rheda-Wiedenbrück shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. If the customer has his domicile or usual place of residence in Germany or if he is employed in Germany, then only the jurisdiction of the court in whose district the domicile, usual place of residence or place of employment is located can be established for a suit against him according to §§ 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 become 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 valid provisions whose effects come as close as possible 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 on 08.06.2020