General Terms and Conditions
General Terms and Conditions
Conditions of contract within the scope of sales contracts signed in the online shops of Choppy Water GmbH:
between the „supplier“ (Choppy Water GmbH) and the „customer“ (see § 2)
§ 1 Area of application & definitions
- Our General Terms and Conditions apply to all contracts arising from the business relationship between the webshop supplier („supplier“) and the customer („customer“) according to the valid version at the time of placing the order. Any of customer’s divergent conditions which are not expressly accepted in writing are not binding.
- The customer is a consumer, as far as the purpose of the ordered deliveries and performances cannot be linked to a commercial or independent professional activity. Against it entrepreneur is every natural or legal person or partnership capable of right which acts by the conclusion of the contract in exercise of her commercial or independent professional activity.
§ 2 Conclusion of the contract
- The customer can choose products out of the supplier’s range (especially watersports products and accessories) and collect those items in a cart by clicking the button ‘Add to cart’ button. Your selection will be added to your shopping cart. By clicking the ‘Proceed to Checkout’ button at the end of the order transaction which is started with clicking on the “submit order” button constitutes a legally binding application to purchase the products in the shopping cart. The customer may at any time alter and view the data before the purchase order is sent. However, the request may only be made and sent if the customer has accepted these terms and conditions of contract by clicking on the button “I accept your GT&C”, thereby incorporating them into his request.
- Thereupon the supplier sends the customer an automatic receipt by e-mail in which the order of the customer is performed again and which the customer can print out. The automatic receipt documents only that the customer order has been received by the supplier and does not constitute an order or application acceptance. The contract shall only be formed upon the supplier’s submission of the declaration of acceptance, which shall be sent by separate email.
§ 3 Shipping & product availability
- Should the customer’s choice of product not be available at the time an order is placed, the supplier will notify the customer in the order confirmation. Is the unavailability of the product permanent, the supplier will not confirm the order. A contract in this case can not be established.
- If the product ordered by the customer is only temporarily unavailable, the supplier will also inform the customer of this immediately in the order confirmation. If the delay of delivery is to last longer 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. The supplier will then immidiately refund any payments that the customer has already made.
- The right of variations in the technical configuration and design compared with the descriptions and information provided in brochures, catalogues and webshops are reserved; without having rights derived against the supplier for these reasons.
§ 4 Retention of title
- The delivered items shall remain the property of the Supplier until the full purchase price has been paid.
§ 5 Prices and shipping costs
- All prices on this website shall be inclusive the statutory value-added tax.
- Delivery will be made via Spedition, DPD, GLS or Fedex. Orders with a value of more than 75,-€ will be shipped free of charge within Germany. Orders with a value of less than 75,- € cost 5,95 EUR . In case a product that you ordered is not available, the supplier will notify the customer immediately. The subsequent delivery will be supplied automatically as soon as it arrives in the warehouse of the supplier, The subsequent delivery will be supplied without an additional delivery charge. Products that are in stock are generally delivered within 1-3 weekdays within Germany after receiving the payment. The supplier reserves the right to deliver shipments as partial shipments.
- The customer is obligated to examine the delivery immediately upon receipt with regard to completeness and to defects. Any obvious defects have to be reported IMMEDIATELY on the acknowledgement of receipt presented by the deliverer. In this case the customer also has to inform the supplier immidiately. Obvious damages due to transportation that are discovered later are not accepted.
- The miminum order value for deliveries outside of Germany is 50,- EUR. Delivery will be made via Spedition, DPD, GLS or Fedex. Shipping costs for shipping outside of the EU on demand. Foreign shipments can only be pre-payed (bank transfer with a pro-forma invoice). Non-EU Customers will receive a net invoice excluding value added tax. The shipper is responsible for the proper customs clearance and payment of tax.
§ 6 Payment methods
- The customer can choose between the following payment methods: Pay Pal, Credit Card, Pay Upon Invoice, Pre-payment or direct debit.
- The customer may alter the payment stored in his user account at any time.
- The payment of the purchase price is due immediately when signing the contract.As far as the payment is intended at any specific time of the calendar, the customer is already in default by exceeding the date or the period. In this case, the customer has to pay default interest of 5% above the base rate tot he supplier.
- With the customer’s liability to pay default interest to the supplier does not foreclose a further claim to damages caused by delay.
§ 7 Material defect warranty & warranty
- The supplier is liable for material defects that subject to the rules and conditions applicable, especially §§ 434 ff BGB. With respect to businesses the supplier’s warranty period for goods delivered by the supplier is 12 months.
- The warranty for goods delivered by the supplier only exists if the goods are explicitly stated in the order confirmation tht has been made to the respective articles.
- In case of a complaint the customers firstly has to inform the supplier via phone in order to decide on how to proceed. Alternatively the complaint can be sent via E-mail including a description of the defects, the cause of defect and photos of the mentioned products. The Customer shall report any latent defects immediately after their discovery. If it is necessary to return the defective goods the return will be handled through the supplier and with a return service. Returns must be announced to the supplier via phone. The shipping costs will be reimbursed to the customer via bank transfer or with a credit note for goods (by arrangement).
§ 8 Liability
- Claims of the customer for reimbursement of damages are excluded. Exceptions to this are compensation claims for damages based upon death, physical injury or physical harm or damages based on the violation of any essential duties under the agreement (cardinal duty) as well as the liability for other damages which are based on an intentional or roughly negligent duty injury of the supplier, his statutory agents or fulfilment assistants. Material contractual obligations are obligations that are absolutely necessary for the proper performance of the contract.
- In the event of culpable breach of material contractual obligations, the contractor shall, except in cases of deliberate acts or gross negligence on the part of his lawful representatives or executives, only be liable in respect of the damage which is typical of the contract and reasonably foreseeable.
- The restrictions mentioned in paragraphs 1 and 2 also apply in favour of the legal representatives and assistants of the supplier if claims are asserted directly against him.
- The regulations of the product liability laws remain untouched by the preceding rules.
§ 9 Withdrawal
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods/ last good/ last lot or piece.
To exercise the right of withdrawal, you must inform us
Choppy Water GmbH Brammersoll 2 24235 Stein
Ph: +49 (0)4343-494640
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to
Choppy Water GmbH, Brammersoll 2, 24235 Stein
Ph: +49 (0)4343-494640
The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
In case you received cargo goods will collect the goods. You will have to bear the direct cost of returning the goods which are 40 EUR within Germany and 80 EUR from other european countries.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Choppy Water GmbH
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
§ 10 Note on data processing
- The supplier will collect customer data within the scope of contract implementation. In doing so the supplier will adhere to the rules of the German Data Protection Act and the German Teleservices Data Protection Act.
- Unless the customer gives prior consent, the supplier only collects, processes or uses the inventory or usage data of customers insofar as these are needed to fulfil the contractual relationship and for the use and invoicing of teleservices. Without the consent of the customer the offerer will not use customer data for commercial purposes, public opinion research or market research.
- The Customer has the possibility to view the data stored in his profile at any time under the categories “My Account >> Manage personal data”, as well as to modify or delete his profile. Otherwise reference is made to the approval received from the customer and to the further information on data collection, processing and utilisation of the data protection declaration that can be called up via the button “Data protection” and can be printed.
§ 11 Final provisions
- On contracts between the supplier and the customers the right of the Federal Republic of Germany (excluding the UN option to buy) finds application.
- Is the customer a merchant, a body corporate organised under public law or a special fund under public law, place of jurisdiction for all contractual disputes between supplier and customer will be the place where the supplier is registered.
- The agreement shall remain binding and effective even in case of legal invalidity of single provisions of the Standard Conditions.