General terms and conditions
VDWS - Service GmbH
für Windsurfingschulausrüstung und -beratung
Telefon: 0881 / 93 11 - 0
Telefax: 0881 / 93 11 - 15
Handelsregister: Amtsgericht München
Register-Nummer: HRB 85132
Umsatzsteuerident.-Nr.: DE 128372284
Industrie- und Handelskammer für München und Oberbayern
Max-Joseph-Str. 2, 80333 München
§ 1 Contracting party, scope
(1) Within the framework of the following General Terms and Conditions (GTC), VDWS Service GmbH for windsurfing school equipment and consultancy (hereafter: VDWS - Service GmbH) and the customer are the contracting parties. Customers under these GTC are both, consumers and entrepreneurs. Has to be considered as a consumer any natural person acting for private purposes, without any link to a commercial or independent professional activity. Has to be considered as an entrepreneur any natural person or legal responsible joint partnership, acting in pursuance of their commercial or independent professional activity.
(2) All goods and services VDWS Service GmbH provides for customers are subject to the following GTC valid at the time of the order.
§ 2 Contract conclusion, contract language
(1) The offer of the VDWS - Service GmbH online shop represents a non-binding invitation to the customer to order goods at VDWS - Service GmbH.
(2) By clicking on the button “buy now“ the customer makes a binding offer to conclude a sales contract for the item in the basket. Immediately after receipt of the order, the customer will receive by electronic legal transaction a notice of arrival. This acknowledgement does not constitute acceptance of the offer but aims only at informing the customer that his/her order has been received.
(3) VDWS - Service GmbH is entitled to accept an order within three days of receipt by an e-mail order confirmation.
(4) The contract language is German.
§ 3 Prices, shipping costs, terms of payment
(1) All prices are final prices, i.e. they include all price components, including the respective statutory VAT. In case of cross-border trade, especially to non-EU countries, and on a case-to-case basis, the customer might have to pay additional taxes (e.g. in case an intra-Community acquisition) and/or duties (e.g. customs duties). Further information on customs duties can be found on, among others, ec.europa.eu/taxation_customs/dds/cgi-bin/tarchap; on import sales tax auskunft.ezt-online.de/ezto/Welcome.do and specifically for Switzerland xtares.admin.ch/tares/login/loginFormFiller.do .
(2) For packing and shipping (customer’s part of the shipping costs) the costs will be calculated separately. The amount of the customer’s part of the shipping costs depends on the conditions reported in the online shop.
(3) Payments will be made either in advance by bank transfer, by credit card (VISA and MasterCard) or PayPal. When payment is made by credit card, the credit card company receives the order to charge the customer’s credit card account immediately after the completion of the order. Credit card billings are made using the name „VDWS - Service GmbH".
(4) With advance payment by bank transfer, the purchase price has to be transferred to the account communicated in the order confirmation within a week. If the customer is in default of payment, interests of 5% above the basic rate of interest have to be paid for the purchase price during the delay. VDWS - Service GmbH reserves the right to proof and assert higher damages caused by this delay.
§ 4 Shipping information
(1) The item(s) will be delivered at the shipping address indicated by the customer when cashed. VDWS - Service GmbH delivers within Germany, European countries and Switzerland.
(2) Delivery time is 3 - 7 working days after receipt of payment, if no deviating delivery time is specified in the individual offers.
§ 5 Right of withdrawal for consumers
Right of withdrawal
You have the right to cancel the contract by written communication (e.g. letter, telefax, e-mail) within 14 days without giving any reason, or – in case you receive the item before the deadline expiration – by return consignment. This deadline starts at receipt of this written information, however, not before receipt of the goods by the consignee (in case of recurring deliveries not before the receipt of the first partial delivery) and also not prior to the fulfillment of our information obligation pursuant to article 246 § 2 in relation with § 1 subparagraph 1 and 2 Introductory Act to the German Civil Code as well as our duties pursuant to § 312g subparagraph 1 first sentence German Civil Code in relation with article 246 § 3 Introductory Act to the German Civil Code. The deadline for withdrawal is deemed met if the revocation or the good is dispatched in good time. The withdrawal must be sent to:
VDWS - Service GmbH
telefax: 0881 / 93 11 - 15
Consequences of cancellation
In the event of an effective cancellation mutually received benefits are to be returned and derived benefits (e.g. interests), if applicable, to be refunded. If you are not able, or only partially able to return the received benefits and derived benefits (e.g. benefit of use) or if you are only able to return respectively refund them in a deteriorated condition, compensation is due. In the event of deterioration of the item and derived benefits compensation is only due in so far derived benefits and deterioration result from a handling of the item that goes beyond testing its properties and functioning. “Testing its properties and functioning” refers to testing and trying of the respective good, like it is generally possible and usual in retail stores. Items that can be packaged for shipping are to be returned at our risk. You have to bear the return shipping costs if the delivered goods are order-conform and if the price of the returned item does not exceed 40 Euros or, in the event of a higher price, if at the moment of withdrawal you have not yet provided the consideration or the contractually agreed partial payment. Otherwise the return is free of charge. Items that cannot be packaged for shipping will be collected at your place. Reimbursement obligations must be met within 30 days. The period starts: a) the day you send your withdrawal declaration or the good, b) for us the day of their receipt.
End of cancellation policy
The right of withdrawal does not apply to distance contracts for the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer.
§ 6 Cost allocation
If the customer exercises the legal right of withdrawal pursuant to § 5, it is agreed separately that the client has to bear the regular costs if the delivered goods are order-conform and if the price of the returned item does not exceed 40 Euros or, in the event of a higher price, if at the moment of withdrawal you have not yet provided the consideration or the contractually agreed partial payment. Otherwise the return is free of charge.
§ 7 Retention of title
VDWS - Service GmbH remains owner of the ordered goods until full payment is received.
§ 8 Claims for defects, customer queries
Notices of defects and customer queries of any kind shall be sent directly to the VDWS – Service GmbH, cf. contact data stated above. Usually, customer queries are answered promptly, maximum within two business days (e.g. e-mail, phone).
§ 9 Transport damage
(1) The customer shall inspect the delivered goods. In the event of apparent transport damage, the customer shall note this on the shipping documentation and ask for confirmation by the deliverer. The packaging must be kept.
(2) If the (partial) loss or damage can not be detected externally, the customer shall communicate this within 3 days after delivery to VDWS - Service GmbH or within 7 days from delivery to the transport company, in order to ensure, that any claims against the transport company be brought to notice in time.
(3) Any rights and claims of the customer, especially the buyer’s statutory rights in case of defects of the purchased good, remain unaffected by the provisions under § 9.1 and 9.2.
§ 10 Place of jurisdiction
If the customer is a merchant, legal entity under public law or special fund under public law, then the main office of VDWS - Service GmbH is exclusive jurisdiction for all disputes resulting directly or indirectly from the contractual relationship. The same applies if an entrepreneur has no general jurisdiction in Germany or when his/her place of residence and/or habitual residence is not known at the commencement of proceeding. The power of VDWS - Service GmbH to go to court in another legal jurisdiction remains unaffected.
§ 11 Applicable law
Conclusion and execution of all contracts are subject to German law. This choice of law applies to consumers only as far as the awarded protection is not limited by binding rules of the law of the state, in which the consumer has his/her habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
§ 12 Storage of the contract
(1) The contract will be stored on the internal systems of VDWS - Service GmbH. After completion of the order the contract text is no longer available via the online shop.
§ 13 Technical steps of conclusion, correction of input errors
(1) By clicking on the shopping cart icon, the customer puts a good in the basket. To continue the order, the customer clicks on the “shopping cart” button. An overview of the products in the shopping cart appears. Now, the customer can select shipping and payment method. To continue the order the “next” button has to be pressed. On the following page, the client has to enter the personal data and, if applicable, a different delivery address. After the customer has confirmed the GTC and the withdrawal policy, he/she will get to the final order summary by pressing the “next” button. On this page, the customer can detect input errors and correct the order, if necessary. By clicking on “order with obligation to pay” the customer concludes a binding contract on the goods in the shopping cart.
(2) The customer can correct input errors by pressing the “back” button in the browser window. During the order process, the customer can also correct the number of the different items. This function also allows removing single products from the basket. The correction becomes effective by pressing the “update shopping cart” button. Via the button “clear shopping cart” the customer can remove all products from the basket.