General Terms and Conditions
General Terms and Conditions (GTC)
watersports unlimited GmbH & Co. KG
Philipsstrasse 8
52068 Aachen
Germany
§ 1 Scope of Application
(1) These General Terms and Conditions apply to the business relationship between watersports unlimited GmbH & Co. KG (hereinafter referred to as the “Provider”) and the customer in the version valid at the time the contract is concluded.
(2) Customers within the meaning of these General Terms and Conditions may be consumers or entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or self-employed professional activity.
(3) Any terms and conditions of the customer that deviate from, conflict with or supplement these General Terms and Conditions shall not become part of the contract unless the Provider expressly agrees to their applicability.
§ 2 Product Presentation, Request for Quotation and Conclusion of Contract
(1) The Provider presents various products on its websites. The presentation of the products does not constitute a legally binding offer to conclude a purchase contract.
The product images used on the websites are for illustrative purposes. Images may differ in individual details from the product actually delivered, particularly with regard to colour, features or design, provided that this does not affect the agreed characteristics of the product.
The Provider reserves the right, during an ongoing model or production series, to replace individual materials, components or design details for objective reasons, in particular due to limited availability, changes on the part of suppliers, or technical or production-related reasons, with technically equivalent or higher-quality materials, components or designs, provided that the change is reasonable for the customer and does not adversely affect the agreed characteristics, function, safety or usability of the product.
(2) The customer may select products and submit a non-binding request for quotation to the Provider using the button “Request product name xy”. Before submitting the request, the customer can review and amend the data entered.
(3) The Provider may subsequently send the customer an individual offer by email entitled “Offer KAUPER XT”. The offer contains the essential information regarding the selected products, prices and any applicable shipping costs.
(4) The customer may accept the offer within the period of validity specified therein by making full payment of the total amount stated in the offer using one of the payment methods offered. The contract is concluded upon receipt of the full payment by the Provider.
(5) After receipt of payment, the customer will receive confirmation by email. The invoice will be sent to the customer electronically as a PDF file no later than in connection with delivery.
(6) The contract text will be stored by the Provider in compliance with applicable data protection regulations.
(7) The contract may be concluded in German or English.
§ 3 Right of Cancellation for Consumers
(1) Consumers are generally entitled to the statutory right of cancellation in the case of distance contracts.
(2) Details regarding the conditions, time limits and consequences of cancellation are set out in the cancellation policy provided to the consumer before conclusion of the contract.
(3) The consumer will also be provided with the statutory model cancellation form.
§ 4 Delivery and Availability of Goods
(1) Delivery times stated are non-binding unless a binding delivery period or binding delivery date has been expressly agreed. The customer's statutory rights in the event of a delay in delivery remain unaffected.
(2) If a product that has already been paid for is temporarily unavailable or its delivery is delayed, the Provider will inform the customer without undue delay.
(3) Partial deliveries are permitted insofar as they are reasonable for the customer. The customer will not incur any additional shipping costs as a result of partial deliveries initiated by the Provider.
(4) The Provider does not deliver to customers whose habitual residence or billing address is in the USA or Canada. Deliveries are generally made only within the same country in which the customer's billing address is located, unless expressly agreed otherwise.
(5) Deliveries to countries outside the European Union may be subject to additional customs duties, taxes, fees or other import charges. These are not levied by the Provider and shall, insofar as legally permissible, be borne by the customer. The customer is responsible for any import clearance that may be required.
§ 5 Shipping and Transfer of Risk
(1) Delivery shall be made to the delivery address specified by the customer unless otherwise agreed.
(2) If the customer is a consumer, the risk of accidental loss of or accidental damage to the goods generally passes only upon delivery of the goods to the customer or to a third party authorised by the customer to receive them. Statutory special provisions remain unaffected.
(3) If the customer is an entrepreneur, in the case of a sale involving shipment, the risk passes to the customer upon delivery of the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment.
(4) The Provider shall select the shipping company unless otherwise agreed.
(5) The customer is requested to inspect the goods upon receipt for externally visible transport damage and, where possible, to report any visible damage immediately to the shipping company and the Provider.
(6) Failure to make such a report shall have no effect on the statutory warranty rights of consumers.
§ 6 Prices, Shipping Costs and Payment
(1) Prices quoted to consumers include the applicable statutory value-added tax, insofar as such tax applies.
(2) The prices applicable to the respective order and any applicable shipping costs will be communicated to the customer no later than in the individual offer.
(3) Within Germany, standard shipping is free of charge for orders with a value of EUR 500.00 or more, unless otherwise stated in the individual offer.
(4) To other countries within the European Union, standard shipping is free of charge for orders with a value of EUR 900.00 or more, unless otherwise stated in the individual offer.
(5) Separate shipping costs apply to HYBRID boards regardless of the order value. The amount of the shipping costs will be stated in the individual offer.
(6) Separate shipping costs may apply to small parts, express deliveries, deliveries to third countries and deliveries to islands. The specific costs incurred will be communicated to the customer before conclusion of the contract.
(7) The payment methods available in each case will be stated in the individual offer. Payment may in particular be made in advance by bank transfer or PayPal, provided that the respective payment method is offered in the individual offer.
§ 7 Retention of Title
The goods delivered shall remain the property of the Provider until the purchase price has been paid in full.
§ 8 Warranty and Rights in the Event of Defects
(1) The statutory provisions governing liability for defects shall apply unless otherwise validly agreed below.
(2) Consumers are entitled to the statutory rights in respect of defects.
(3) In relation to entrepreneurs, the limitation period for claims arising from defects in newly manufactured goods shall be one year from delivery of the goods, insofar as such a reduction is legally permissible.
This reduction shall not apply to claims for damages arising from injury to life, body or health or to claims for damages resulting from intentional or grossly negligent breaches of duty by the Provider, its legal representatives or vicarious agents. Mandatory statutory longer limitation periods remain unaffected.
(4) If the customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch – HGB), the statutory duties of inspection and notification of defects shall additionally apply, in particular Section 377 HGB.
(5) The statutory rights in respect of defects arising from the purchase contract are vested in the customer as the Provider’s contractual partner. These rights do not pass to a purchaser solely as a result of the resale of the goods or any other transfer of ownership. If a third party asserts rights in respect of defects arising from the original purchase contract against the Provider, the third party must, upon request, provide evidence that the relevant rights have been validly assigned to them. Any assignment of rights that is legally permissible remains unaffected.
§ 9 Liability
(1) The Provider shall have unlimited liability for damage resulting from an intentional or grossly negligent breach of duty by the Provider, its legal representatives or vicarious agents.
(2) The Provider shall have unlimited liability for damage arising from injury to life, body or health.
(3) In the event of a slightly negligent breach of a material contractual obligation, the Provider's liability shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the contracting party may regularly rely.
(4) In all other respects, liability for damage caused by slight negligence is excluded insofar as legally permissible.
(5) The above limitations of liability shall apply accordingly in favour of the Provider's legal representatives and vicarious agents where claims are asserted directly against them.
(6) Liability under mandatory statutory provisions, in particular under the German Product Liability Act (Produkthaftungsgesetz), remains unaffected.
§ 10 Data Protection
The controller responsible for the processing of personal data is:
watersports unlimited GmbH & Co. KG
Philipsstrasse 8
52068 Aachen
Germany
Further information regarding the processing of personal data can be found in the privacy policy published on the Provider's website.
§ 11 Copyright
Images, films, graphics and texts published on the Provider's websites and social media accounts may be protected by copyright or other intellectual property rights.
The reproduction, modification, distribution or other use of such content is not permitted without the prior consent of the respective rights holder unless such use is permitted by law.
§ 12 Applicable Law and Place of Jurisdiction
(1) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
In the case of consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded to them by mandatory provisions of the law of the country in which they have their habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship shall be the registered office of the Provider, insofar as legally permissible.
(3) The statutory places of jurisdiction shall apply to consumers.
§ 13 Final Provisions
Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall apply in place of the invalid provision.
§ 14 Consumer Dispute Resolution
watersports unlimited GmbH & Co. KG is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Download Cancellation Policy incl Model Cancellation Form