General Terms and Conditions (GTC)

Webshop GTC Choppy Water GmbH
Contractual terms and conditions within the framework of purchase contracts concluded via the platform between and the online stores operated by Choppy Water GmbH:

• choppywater.com
• www.neversummer-europe.com
• www.cbcshop-europe.com
• www.sicmaui.de

– hereinafter referred to as the “Provider” –
and the customer
– hereinafter referred to as the “Customer” –
designated in Section 2 of the contract.

§ 1 Scope of application, definitions

1. The business relationship between the webshop provider (hereinafter “Provider”) and the customer (hereinafter “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
2. The customer is a consumer insofar as the purpose of the ordered goods and services cannot be attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

§2 Conclusion of contract

1. The customer can select products from the provider’s range, in particular water sports products and accessories, and collect them in a so-called shopping cart using the “order” or “add to cart” button. By clicking on the “order” or “send order” button at the end of the order process, which is initiated by clicking on the “checkout” button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by ticking the box “I accept your general terms and conditions of business and delivery” and has thereby included them in his application.
2. The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “print” function. The automatic confirmation of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider issues the declaration of acceptance, which is sent in a separate e-mail.

§3 Delivery, availability of goods

1. If no copies of the product selected by the customer are available at the time of the customer’s order, the supplier shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
2. If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he shall immediately reimburse any payments already made by the customer.
3. Technical and design deviations from the product details in all catalogs or in the online stores are reserved without any rights against the supplier being derived from this.

§4 Retention of title

The delivered goods remain the property of the supplier until full payment has been made.

§5 Prices and shipping costs

1. All prices stated on the provider’s website include the applicable statutory value added tax.
2. Shipping is carried out by a forwarding agent, UPS or post. Shipping is free of charge for orders over €75. For orders of €75 or less, shipping costs of €5.95 will be charged. If ordered items are not immediately available, the supplier will inform the customer immediately. Items for subsequent delivery will be forwarded automatically after arrival at the supplier’s warehouse. There are no additional freight costs for subsequent deliveries. The standard delivery time for deliverable items is two to three working days after receipt of payment. The supplier reserves the right to send partial deliveries.
3. The customer must check the delivery for completeness and integrity immediately upon receipt. Obvious damage must be noted on the delivery bill of the deliverer immediately upon receipt of the delivery. In this case, the customer must also inform the provider immediately. Subsequently discovered obvious transport damage cannot be claimed.
4. The minimum order value for international shipments is EUR 50. Shipping is carried out by forwarding agent, UPS or post. The shipping costs for shipments abroad are specified on request in individual cases. International shipments can only be paid in advance (bank transfer after a pro forma invoice has been issued). Customers from non-EU countries will receive a net invoice without VAT. Customs clearance is carried out by the carrier.

§6 Payment modalities

1. The customer can pay by PayPal, credit card, advance payment or direct debit.
2. The customer can change the payment method saved in their user account at any time.
3. Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the provider default interest in the amount of 5 percentage points above the base interest rate.
4. The customer’s obligation to pay default interest does not preclude the provider from claiming further damages caused by default.

§7 Warranty for material defects, guarantee

1. The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB. The warranty obligation towards entrepreneurs for goods delivered by the supplier is 12 months.
2. A guarantee only exists for the goods delivered by the supplier if this was expressly stated in the order confirmation for the respective article.
3. In the event of a complaint, the customer must first contact the provider by telephone in order to agree on how to proceed. Alternatively, a complaint can also be sent to the provider by e-mail with a corresponding description of the defect, the cause of the damage and photos of the goods. A complaint must be made immediately after the defects occur. In the event of a return of the defective goods, the return shipment shall be made by return slip and processed by the provider. Returns must be reported to the supplier by telephone. The postage will be refunded to the customer by bank transfer or, if agreed, by credit note.

§8 Liability

1. Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
2. In the event of a breach of material contractual obligations, the provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, limb or health.
3. The restrictions of paragraphs 1 and 2 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 Cancellation policy

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods / the last goods in the case of separate deliveries of multiple goods / the last partial shipment in the case of separate deliveries of a single item.

To exercise your right of withdrawal, you must inform us

Choppy Water GmbH
Brammersoll 2, 24235 Stein
Phone: +49 (0)4343-494640
Email: info@choppywater.de

by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract.

You may also electronically fill out and submit the sample withdrawal form or any other clear statement on our website. If you make use of this option, we will immediately (e.g., by email) send you confirmation of receipt of such a withdrawal.

To meet the withdrawal deadline, it is sufficient that you send the notification of exercising the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you for all payments received from you, including the delivery costs (except for additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received the notification of your withdrawal from this contract.

For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract to the following address:

Choppy Water GmbH, Brammersoll 2, 24235 Stein

The deadline is met if you send the goods before the fourteen-day period has expired. You shall bear the direct costs of returning the goods.

In the case of bulky goods requiring shipping by freight carrier, we will collect the goods. You shall bear the direct return shipping costs in the amount of €79.

You are only liable for any diminished value of the goods if this loss in value is due to handling of the goods that was not necessary for checking the condition, properties, and functionality of the goods.

Sample Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it to us.)

End of the Cancellation Policy

§10 Notes on data processing

1. The provider collects customer data as part of the processing of contracts. In doing so, it observes the provisions of the Federal Data Protection Act and the Teleservices Data Protection Act. Without the customer’s consent, the provider shall only collect, process or use the customer’s inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of teleservices.
2. Without the customer’s consent, the provider will not use the customer’s data for the purposes of advertising, market or opinion research.
3. The customer has the option of accessing, changing or deleting their stored data at any time by clicking on the “My data” button in their profile. In addition, with regard to the customer’s consent and further information on data collection, processing and use, reference is made to the privacy policy, which can be accessed in printable form at any time on the provider’s website via the “Data protection” button.

§11 Final provisions

1. The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
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 registered office of the provider.
3. The contract shall remain binding in its remaining parts even if individual points are legally invalid.