General Terms and Conditions
These General Terms and Conditions (GTC) are part of all contracts that exist between:
watersports unlimited GmbH & Co. KG
Gruener Weg 37
52070 Aachen / Germany
– as following the "provider" –
in the following – "customer".
§ 1 Scope, Jurisdiction
For the business relationship between the provider and the customer, the following terms and conditions apply exclusively in their version valid at the time of the order. The terms and conditions apply regardless of whether the customer is a consumer, merchant or entrepreneur. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing. The law of the Federal Republic of Germany applies, excluding the UN Sales Convention (CISG).
§ 2 Conclusion of contract
(1) The provider presents a number of products on its website. This presentation is not binding at first. The customer can select products from the assortment of the supplier and request an offer via the button "send request for quotation" from the supplier. Before sending the request, the customer can change and view the data at any time.
(2) The provider then sends the customer a personal offer with the subject "offer KAUPER XT" by e-mail, in which the customer's request is listed again. If the customer accepts the offer with the respective content of the offer, the conclusion of the contract is only concluded when the customer pays in advance or via PayPal. After incoming payment, the goods will be shipped to the customer. The provider immediately sends a confirmation of payment by e-mail to the customer. This summarizes the content of the order. In this e-mail, or in a separate e-mail, but at the latest on delivery of the goods, the invoice will be sent as a PDF file. The text of the contract is saved while maintaining data protection.
(3) The contract is concluded in the languages: German or English.
§ 3 Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of last part the goods.
To exercise your right of withdrawal you must inform us (watersports unlimited GmbH & Co. KG, Gruener Weg 37, 52070 Aachen / Germany, , phone: +49 (0) 152 22488262) by means of a clear statement (eg a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the model withdrawal form, which is not required. Download at the end of this page.
In order to maintain the cancellation period it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation:
If you withdraw from this agreement, we have all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery offered by us) to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; in no case will you be charged for this repayment fees. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for any loss of value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
§ 4 Delivery, availability of goods, transfer of risk, payment methods
(1) The provider always strives to comply with specified delivery dates. The specified delivery dates or delivery periods, however, are not binding, unless otherwise agreed.
(2) If the product already paid by the customer is only temporarily unavailable, the supplier shall inform the customer immediately. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In doing so, he will immediately reimburse the customer for payments already made. Partial deliveries remain reserved.
(3) The provider does NOT deliver to customers who have their habitual residence (billing address) in one of the following countries and can only provide a delivery address in the same country: USA and Canada.
(4) In the case of shipments to be sent to a place of receipt outside the EU according to the customer's order, the customer bears all costs incurred in connection with the importation of the product, in particular customs duties incurred. The customer is also responsible for import customs clearance.
(5) The place of performance is the company headquarters of the provider in Aachen. The risk of accidentally destroying or damaging the desired product will only pass to the customer once he has received the goods. If the customer is an entrepreneur, the risk of accidental loss, or accidental damage to the goods with the handover, the shipping purchase with the delivery of the thing to the contracted transport company on the customer. Unless otherwise agreed, the transport company is selected by the provider. Unless otherwise expressly agreed, delivery will be from our warehouse to the delivery address provided by the customer.
(6) Delivery to packing stations is not possible.
(7) The customer is obliged to check the ordered and delivered goods by the shipping service before delivery for damage and not accept the product in case of damage. The unconditional acknowledgment of receipt confirms the correct and perfect receipt of the product..
(8) The customer can make the payment in advance by bank transfer or PayPal. When paying with PayPal the customer has to bear the resulting fees.
§ 5 Retention of title
Until the full payment of the purchase price the delivered goods remain the property of the provider.
§ 6 prices and shipping costs
(1) All prices, which are indicated on the website of the offerer, are inclusive of the in each case valid legal value added tax within the FRG.
(2) Standard shipping within the EU is free. Express shipping, as well as shipping to third countries and island delivery on request.
§ 7 Warranty
(1) The provider is liable for material defects in accordance with the relevant statutory provisions, in particular §§ 434 ff. BGB (by civil law book of Germany). Compared with entrepreneurs, the warranty period for goods delivered by the supplier is 12 months. Entrepreneurs must immediately inspect the delivered goods for quality and quantity deviations and notify KAUPER XT in writing of obvious defects within a period of two weeks from receipt of the goods, otherwise the assertion of warranty claims for such defects is excluded. To meet the deadline, the timely sending of an e-mail is sufficient. In commercial transactions, § 377 HGB (German Commercial Code) applies in addition.
§ 8 Liability
(1) Claims of the customer for damages are excluded. This does not apply to claims for damages of the customer resulting from injury to life, limb, health or material contractual obligations (Obligations the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner regularly trusts and may trust) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages by the customer resulting from injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 9 Notes on data processing
§ 10 Copyrights
The provider reserves all copyrights to all pictures, films and texts published on our website, Facebook, Twitter and Instagram. Use of the images, films and texts is not permitted without our express consent.
§ 11 Final Provisions
(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention and international private law.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.
(3) The contract remains binding even in the case of legal invalidity of individual points in its remaining parts. Instead of the ineffective points, if available, the legal regulations. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract will become invalid as a whole.
TThe European Commission is providing its platform for out-of-court online dispute resolution (ODR). The platform can be found on the Internet at https://ec.europa.eu/consumers/odr
Note according to § 36 VSBG
We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
We are used to coming to an agreement in the already unlikely case of differing views, without detours on the trusted basis of trust.
Download model withdrawal form