§ 1 Scope and provider
These terms and conditions apply to all orders that individuals submit via the online store of Kiteflow, 10999 Berlin, owner: Alexandar Nuskovski (hereinafter "Kiteflow"). Service hotline: Mon to Fri 10 am to 7 pm and Sat 10 am to 6 pm by telephone +49 (0) 17 45 123 234 or by e-mail email@example.com
§ 2 conclusion
§ 2.1 The product presentations in the online shop serve to submit a purchase offer. By clicking on the button "buy" you make a binding purchase offer. The sale of our products is only for private use in normal household quantities.
§ 2.2We can accept your order by sending an order confirmation by e-mail or by delivering the goods within five days. The confirmation of receipt of the order does not constitute acceptance of the purchase offer.
§ 2.3 Should our order confirmation contain typographical or printing errors or should our pricing be based on technical reasons, we are entitled to contest, whereby we must prove our mistake. Already made payments will be refunded immediately.
§ 3 price
§ 3.1The prices stated on the product pages include VAT and other price components and exclude postage.
§ 4 Shipping
§ 4.1 We deliver within Germany from 40 € order value free shipping (except packages with dimensions greater than 120 cm). If the order value is less than 40 € we charge 5.90 € for postage and packaging. For bulk goods packages (120cm-200cm), the shipping costs are 10.00 € and for packages larger 200cm at 25.00 €, regardless of the purchase value.
§ 4.2 When paying by cash on delivery additional COD charge of 4 €. These will be charged by us. An additional delivery fee of 2 € (as of 29.11.2013) is required by our shipping partner DHL. Further taxes or costs do not apply. Cash on delivery is only possible within Germany.
§ 4.3 The shipping costs abroad are calculated as follows:
€ 11.90 Belgium, Netherlands, Luxembourg, Denmark
€ 13,90Austria, Switzerland, Liechtenstein, Czech Republic
€ 16.90 France, Great Britain, Monaco
€ 19,90 Poland, Slowakai, Italy, Slovenia, Hungary
€ 23.90 Sweden, Ireland, Spain, Malta
€ 29.90 Estonia, Finland, Norway
€ 34.90 Russian Federation, Croatia, Cyprus, Gibraltar, Turkey
€ 49.90 Bulgaria, Romania, Greece, Iceland
International bulky goods packages (120cm-200cm) cost a flat rate of 25,00 € and over-length packages (> 200cm) 39,00 €.
§ 4.4Deliveries to non-EU countries incur additional duties, taxes and fees. For more information about customs duties, see for example http://ec.europa.eu/taxation_customs/dds/cgibin/tarchap?Lang=DE and import VAT http://auskunft.eztonline.de/ezto/Welcome.do sespecially for Switzerland under http://xtares.admin.ch/tares/login/loginFormFiller.do
§ 5 Delivery conditions and self-supply reservation
§ 5.1 Delivery is by DHL, in some cases by UPS. Snowboards and surfboards can also be shipped oversized with Iloxx or a freight forwarder.
§ 5.2 The delivery time is within Germany, unless otherwise stated in the offer, 1-3 days.
§ 5.3 If not all ordered products are in stock, we are entitled to partial deliveries at our expense, as far as this is reasonable for you.
§ 5.4If delivery of the goods fails despite three attempts to deliver, we can withdraw from the contract. Possibly. Payments made will be reimbursed immediately.
§ 5.5 If the ordered product is not available because we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately reimburse you for any consideration already paid.
§ 6 terms of payment
§ 6.1 Payment can be made either in advance, cash on delivery, Paypal.
§ 6.2 If you select the payment method in advance we will give you our bank details in the order confirmation. The invoice amount has to be transferred to our account within 10 days. When paying by credit card, your account will be charged with shipping the goods.
§ 6.3 If you are in default of payment, the purchase price shall be charged during the default in the amount of 5% above the base rate. We reserve the right to prove and assert a higher damage caused by default.
§ 6.4 When paying by direct debit, you may have to bear any costs incurred as a result of a reversal of a payment transaction due to insufficient funds or because of incorrectly transmitted bank details.
§ 6.5 You are only entitled to set-off if your counterclaims are legally established by a court or undisputed or have been acknowledged in writing by us.
§ 6.6 You can exercise a right of retention only if the claims result from the same contractual relationship.
§ 7 Retention of title
§ 7.1 The goods remain our property until full payment. Before the transfer of ownership, a pledge, transfer, processing or transformation is not permitted without our consent.
§ 8 Withdrawal
Consumers have a three-week right of withdrawal. Cancellation Right of withdrawal for the delivery of goods .You have the right to withdraw from this contract within twenty-one days without giving any reason. The cancellation period is twenty-one days from the date on which you or a third party named by you, who is not the carrier, has or had taken possession of the goods. To exercise your right of withdrawal, you must (Kiteflow, Kottbusserstrasse 8, 10999 Berlin, Tel. +49 (0) 17 45 123 234, email: firstname.lastname@example.org) by means of a clear statement (eg a with mail or e-mail sent by post) about your decision to cancel this contract. In order to maintain the cancellation period, it is sufficient for you to send the notification 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 selected 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 we offer have 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 repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any event no later than within twenty-one 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 deadline of twenty-one days. The cost of goods that can be shipped by parcel is € 6.90 or is estimated at not more than € 65.00 for non-deliverable goods. "You can use our DHL online return service to return parcels. Please go to www.supremesurf.de/retoure. When using the return service we deduct € 6.90 from the amount to be refunded. You only have to pay for a possible loss in 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.
Right of withdrawal for the provision of services You have the right to withdraw from this contract within twenty-one days without giving any reason. The cancellation period is twenty-one days from the date of the conclusion of the contract. To exercise your right of withdrawal, you must (Kiteflow, Kottbusserstrasse 8, 10999 Berlin, Tel. +49 (0) 17 45 123 234, email: email@example.com) by means of a clear statement (eg a with letter sent by post, fax or e-mail) about your decision to cancel this contract. In order to maintain the cancellation period, it is sufficient for you to send the notification 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 selected 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 we offer have 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. If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract Comparison with the total volume of services provided for in the contract.
§ 8.2 The right of withdrawal does not apply to distance contracts
- for the delivery of goods made to customer specifications or
- clearly tailored to personal needs or
- which by their nature are not suitable for return or
- can spoil quickly or
- whose expiry date would be exceeded,
- for the supply of audio or video recordings or software, provided that the delivered data carriers have been unsealed by the consumer or
- for the delivery of newspapers, periodicals and magazines, unless the consumer has made his contract by telephone.
§ 8.3 Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against damage in transit in order to avoid claims for damages due to defective packaging.
§ 8.4 Please note that the modalities mentioned in clause 8.3 are not prerequisites for the effective exercise of the right of withdrawal.
§ 9 transport damage
§ 9.1 If goods are delivered with obvious transport damage, please complain such errors immediately to the deliverer, and please contact us as soon as possible on +49 (0) 17 45 123 234.
§ 9.2 The omission of a complaint or contact has no consequences for your statutory warranty rights. However, they help us assert our own claims against the carrier or transport insurance.
§ 10 warranty
The warranty is subject to legal regulations.
§ 11 liability
§ 11.1 We exclude our liability for slightly negligent breaches of duty, insofar as these do not affect essential contractual obligations, damages resulting from injury to life, limb or health or guarantees or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents.
§ 12 Force majeure
§ 12.1 In the event that Supreme surf shop can not provide the owed performance due to force majeure (in particular war, natural disasters), it is exempted from its obligation to perform for the duration of the hindrance.
§ 12.2 If Supreme surf shop is unable to execute the order or delivery of the goods for more than one month due to force majeure, the customer is entitled to withdraw from the contract.
§ 13 delivery
§ 13.1 Delivery periods begin with the conclusion of the contract. The buyer can assert delay damage and the compensation for non-performance according to 326 BGB only if the seller is responsible for the delay due to intent or gross negligence; in case of slight negligence of the seller up to the amount of 10% of the purchase price.
§ 13.2 Changes to the design, the color, the scope of delivery remain reserved, as far as they are insignificant and reasonable for the buyer. Information in the descriptions of the object of purchase are not guaranteed properties, but only approximate values with the customary deviations for series products, unless otherwise expressly stated.
§ 14 decrease
§ 14.1 The buyer must accept the object of purchase within 8 days after receipt of the notification of availability at the agreed place. If he is in arrears with the acceptance, the seller can set a grace period of 2 weeks with the declaration, since he will withdraw from the contract after expiration of the period of grace or demand compensation for non-performance. The grace period is not required if the buyer has seriously or finally refused the acceptance or if he is clearly unable to pay the purchase price. If the seller demands damages, this amounts to 15% of the purchase price including the price for transfer and ancillary services. The amount of damage is to be set higher or lower if the seller proves a higher or the buyer no or less damage. If the seller does not exercise his rights to withdraw from the contract or claim damages for non-fulfillment, he may freely dispose of the object of purchase and, instead, provide the buyer with a similar object to the terms of the contract within a reasonable period of time.
§ 15 Retention of title
§ 15.1 The delivery of the object of purchase takes place under retention of title of the seller until fulfillment of all obligations of the buyer from the sales contract. If the retention of title lapses by resale, connection or processing of the sold item, the buyer hereby assigns to the seller the claim arising from it to third parties (extended retention of title). If the buyer is in default of payment, the seller can demand the object of purchase from the buyer. At the request of the Seller, the Buyer must immediately surrender the object of purchase, excluding any rights of retention which do not arise from the purchase contract. The costs of return and recovery shall be borne by the buyer. The proceeds of sale realized by the seller are to be paid out to the buyer after deduction of the remainder of the claim, the return and recovery costs.
§ 16 data protection
§ 17 final provisions
§ 17.1 Should a provision of these General Terms and Conditions be ineffective, the contract remains otherwise valid. In place of the invalid provision, the relevant statutory provisions apply.
§ 17.2 German law applies.