General Terms and Conditions
These General Terms and Conditions (GTC) are part of all contracts that exist between:
watersports unlimited GmbH & Co. KG
Philipsstrasse 8
52068 Aachen / Germany
– as following the "provider" –
and
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 will then send the customer a personalized offer via email with the subject line “KAUPER XT Offer,” which
reiterates the customer’s request. The customer may accept this offer by paying the full amount stated in the offer in advance or via PayPal. The purchase contract is concluded upon receipt of payment by the provider.
After payment is received, the goods are shipped to the customer. The provider immediately sends the customer a confirmation of receipt of payment via email. This confirmation summarizes the terms of the contract. The invoice is sent to the customer as a PDF file via email, no later than upon delivery of the goods.
The contract text is stored in compliance with data protection regulations.
(3) The contract is concluded in the languages: German or English.
§ 3 Withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the last item.
To exercise your right to cancel, you must notify us (watersports unlimited GmbH & Co. KG, Philipsstrasse 8, 52068 Aachen / Germany, office@watersports-unlimited.com, Phone: +49 (0) 152 22488262) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by mail or an email). You may use the attached sample withdrawal form for this purpose, though its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal:
If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery option we offer), without delay and no later than fourteen days from the day we receive notice of your cancellation of this contract. We will use the same payment method you used for the original transaction for this refund, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first. You must return or hand over the goods to us immediately and, in any case, no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you ship the goods before the fourteen-day period expires.
You are responsible for the direct costs of returning the goods.
You are liable for any loss in value of the goods only if such loss is attributable to handling of the goods that goes beyond what is necessary to assess their nature, characteristics, and functionality.
§ 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 asked to inspect the delivered goods upon receipt for obvious shipping damage and to report any such damage to the delivery person and the provider as soon as possible. Failure to comply with this request does not affect the customer’s statutory warranty rights.
(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) Shipping costs within Germany:
For orders over EUR 500 we ship with standard shipping free of charge.
Shipping to EU countries:
Standard shipping is also free of charge for orders over EUR 900.
Exception – HYBRID-Boards:
HYBRID boards always incur separate shipping costs. These are listed separately during the ordering process.
Small parts, express shipping and shipping to third party countries as well as island delivery will be quoted individually.
§ 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
The responsible body within the meaning of the valid data protection laws is watersports unlimited GmbH & Co. KG, Philipsstrasse 8, 52068 Aachen / Germany. Further information on data protection can be found in our privacy policy.
§ 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.
In the event of discrepancies between the German and English versions, the German version shall prevail.
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