hereinafter referred to as the seller by Markus Schilcher, owner of Waterwolf GmbH, Freikorpsstrasse 2, 82487 Oberammergau.
§ 1 General, Definitions
(1) The seller offers so-called electric surfers for sale on its website at waterwolf.de.
(2) The following General Terms and Conditions (GTC) apply to the business relationship between the seller and the customer in the version valid at the time of the order.
(3) consumer i. s.d. Terms and conditions are natural persons who conclude the legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. Entrepreneur i. s.d. Terms and Conditions are natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, act in exercise of their commercial or independent professional activity. customers i. s.d. Terms and conditions are both consumers and entrepreneurs. Customers within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.
(4) Individual contractual agreements have priority over these General Terms and Conditions. Deviating, conflicting or supplementary terms and conditions do not become part of the contract unless their validity is expressly agreed.
§ 2 Conclusion of contract
(1) The presentation of the goods on the seller's website does not constitute an offer in the legal sense, but merely an advertisement for the goods offered.
(2) The customer can request that the seller send a non-binding offer by filling out the contact form on the seller's website, by e-mail or in writing.
(3) After receiving the request, the seller will immediately send the customer a non-binding offer by fax or email. Within the scope of this e-mail, the customer will also be sent all relevant contract information, in particular these General Terms and Conditions, customer information and the cancellation policy.
(4) The customer can then order the goods offered by email or in writing from the seller. This order represents a binding offer to conclude a purchase contract for the requested goods. The seller is entitled to accept the contract offer contained in the order within 10 days by sending a corresponding confirmation email. The purchase contract is then concluded when the seller sends the order confirmation.
(5) The conclusion of the contract is subject to the reservation that in the event of incorrect or improper delivery to ourselves, we will not pay or only pay in part. This only applies in the event that the non-delivery is not the responsibility of the seller and the latter has entered into a specific hedging transaction with due care concluded with the supplier. The seller will use all reasonable efforts to procure the goods. Otherwise, the consideration will be refunded immediately. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately.
(6) The offered or ordered goods may differ slightly from the goods shown on the internet due to the technical display possibilities, within reason, there may be deviations in color in particular, insofar as this is reasonable.
§ 3 Retention of title
(1) In the case of consumers, the seller retains ownership of the goods until the purchase price has been paid in full. In the case of entrepreneurs, the seller retains ownership of the goods until all claims from an ongoing business relationship have been settled in full.
until all claims from an ongoing business relationship have been settled in full. (2) If the customer acts in breach of contract, in particular default in payment, if the customer provides false information about his creditworthiness or if an application is made to open insolvency proceedings against the customer's assets, the seller is entitled to withdraw from the contract - if necessary after setting a deadline and to demand the return of the goods if the customer has not yet provided the consideration or has not provided it in full.
(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. He assigns to the seller all claims i. H. d. invoice amount accruing to him through resale to a third party. The seller accepts the assignment. After the assignment, the entrepreneur is authorized to collect the claim. The seller reserves the right to collect the claim himself as soon as the entrepreneur does not properly meet his payment obligations and defaults on payment.
(4) The seller undertakes to release the securities to which he is entitled at the customer's request insofar as the realizable value of the securities exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent while the seller.
§ 4 Remuneration
(1) The stated purchase price is binding. The purchase price includes the VAT. The additional shipping costs incurred during shipping are specifically listed in the context of the respective offer sent by e-mail or fax. Packaging costs are already included in the shipping costs.
(2) The customer undertakes to pay the total price within 14 days of receipt of the order confirmation by e-mail or the invoice. After the deadline, the customer is in default of payment. During the delay, the consumer owes money i. hv 5 percentage points above the base interest rate. During the delay, the entrepreneur has a monetary debt i. hv 8 percentage points above the base interest rate. The seller reserves the right to claim higher default damages from the entrepreneur.
(3) The customer only has the right to offset if his claims have been legally established, recognized or not disputed by the seller. The customer's right to offset against contractual and other claims arising from the initiation or implementation of this contractual relationship remains unaffected. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 5 payment options
(1) Customers can pay the purchase price in advance or on account. The seller reserves the right to exclude individual payment.
When paying on account, the buyer must make a down payment in the amount stated when purchasing the items named below.
- Waterwolf-MPX-3: 50% of gross sales
(2) In the case of payment in advance, the seller will send the bank details to the buyer by e-mail in the order confirmation. The same applies if the buyer has to make a down payment.
§ 6 Shipping
(1) The seller will send goods in stock to the customer within the period specified in the respective offer. When paying in advance, the shipment will not take place before the invoice amount has been fully credited to the seller's account.
(2) The seller is entitled to make partial deliveries if a partial delivery is reasonable for the customer, taking into account his interests. The customer should incur no additional costs
7 Passing of Risk
(1) In the case of consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the consumer when the goods are handed over, even in the case of mail-order sales.
(2) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes when the goods are handed over, in the case of mail-order sales when they are delivered
(3) The handover is the same if the customer is in default with the acceptance.
§ 8 Right of withdrawal for consumers
Consumers can revoke their contractual declaration under the following conditions:
Right of withdrawal
Right of withdrawal
You can revoke your contract declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or - if the item is left to you before the deadline - also by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before we have fulfilled our information obligations in accordance with Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with Article 246 § 3 EGBGB. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to:
Waterwolf GmbH
Geschäftsführer: Herr Dipl.-Ing. Markus Schilcher
Freikorpstrasse 2
82487 Oberammergau
Fulfillment and jurisdiction:
Germany Garmisch Partenkirchen
Fax: 0049 (0)8822 94007 Handelsregister München: HR B 212584
Email: info@waterwolf.de Ust-IdNr.: DE297265026
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and any benefits (e.g. interest) surrendered. If you cannot return or hand over the received service and benefits (e.g. advantages of use) or only partially or only in a deteriorated condition, you must compensate us for the value in this respect. You only have to pay compensation for the deterioration of the item and for any use made if the use or deterioration is due to handling of the item that goes beyond the examination of the properties and functionality. "Checking the properties and functionality" means testing and trying out the respective goods, as is possible and customary in a retail store. Transportable items are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet received the consideration or a have made the contractually agreed partial payment. Otherwise, the return is free of charge. Items that cannot be sent by parcel will be picked up from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the item, for us with their receipt.
End of revocation
§ 9 Return costs in case of revocation
If the consumer makes use of his right of withdrawal in accordance with § 8 of these General Terms and Conditions, he has to bear the regular costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if the consumer a higher price of the item at the time of revocation has not yet provided consideration or a contractually agreed partial payment. Otherwise, the return is free for the consumer.
§ 10 Warranty
(1) Consumers have the choice of whether they require supplementary performance through repair or replacement. The seller is entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of companies, the seller initially provides a warranty for defects in the goods by means of repair or replacement delivery, at his own discretion.
(2) If the supplementary performance fails, the customer can, at his discretion, demand a reduction in the purchase price (reduction), cancellation of the contract (withdrawal) or compensation for damages instead of performance. If the defects are only insignificant, the customer has no right of withdrawal - taking into account the interests of both parties. Instead of compensation for damages instead of performance, the customer can demand reimbursement of futile expenses within the scope of § 284 BGB, which he made in reliance on receiving the goods and was reasonably allowed to make. If the customer chooses compensation instead of performance, the limitations of liability according to § 11 of these General Terms and Conditions apply.
(3) Entrepreneurs must notify the seller of obvious defects in the delivered goods within a period of 2 weeks from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Timely dispatch or notification is sufficient to meet the deadline. § 377 HGB applies to merchants.
(4) If the customer is an entrepreneur, only the seller's product description is deemed to be agreed as the quality of the goods. Public statements, praise or advertising by the manufacturer do not represent the contractual quality of the goods.
(5) The warranty period for consumers is 2 years from delivery of the goods. Deviating from this, the warranty period for entrepreneurs is 1 year from delivery. For used items, the warranty period is also 1 year from delivery of the goods. (Li-ion batteries are an exception to this. A 6-month warranty applies here) The one-year warranty period does not apply if the seller is guilty of gross negligence, nor in the event of physical injury or damage to health attributable to the seller, or loss of life of the customer, in the case of a guarantee and in the case of delivery recourse in accordance with §§ 478, 479 BGB. The seller's liability under the Product Liability Act remains unaffected.
(6) Contrary to paragraph 5, the regular limitation period applies if the seller has fraudulently concealed a defect.
(7) The seller does not give the customer any guarantees in the legal sense, unless expressly agreed otherwise. Manufacturer guarantees remain unaffected.
§ 11 Limitations of Liability
(1) In the case of slightly negligent breaches of duty, liability is limited to the foreseeable, contract-typical, direct average damage depending on the type of goods. This also applies to slightly negligent breaches of duty by the seller's legal representatives or vicarious agents. The seller is not liable for slightly negligent violation of insignificant contractual obligations. On the other hand, he is liable for the violation of contractual legal positions of the customer. Significant contractual legal positions are those that the contract has to grant to the customer according to the content and purpose of the contract. The seller is also liable for the breach of obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can rely.
(2) The above limitations of liability do not apply to customer claims arising from guarantees and/or product liability. Furthermore, the limitations of liability do not apply in the event of fraudulent intent, breach of essential contractual obligations or damage to body or health attributable to the seller or loss of life of the customer.
§ 12 Final Provisions
The law of the Federal Republic of Germany. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The provisions of the UN sales law do not apply.