Terms of service

 

General Terms and Conditions with Customer Information

(The following General Terms and Conditions of Business also contain legal information on your rights under the regulations governing contracts in distance selling and electronic commerce).

1. scope of application
2. offers and service descriptions
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment modalities
7. retention of title
8. warranty of quality and guarantee
9. liability
10. storage of the contract text
11. data protection
12. place of jurisdiction, applicable law, contract language

1. scope of application
1.1 The business relationship between "shop.efoil.fun" and the customer is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB).
1.3 Deviating terms and conditions of the customer shall not be recognised unless the seller expressly agrees to their validity. 2.

2 Offers and descriptions of services
2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the Seller's websites do not have the character of an assurance or guarantee.
2.2 All offers are valid "while stocks last", unless otherwise stated with the products. Errors and omissions excepted.

3 Order process and conclusion of contract
3.1 The customer can select products from the seller's assortment without obligation and collect them in a so-called shopping cart by clicking the button "add to cart". The customer can then proceed to the conclusion of the order process within the shopping cart by clicking on the button "Proceed to checkout".
3.2 By clicking on the button "Order subject to payment", the customer submits a binding application to purchase the goods in the shopping basket. Before submitting the order, the customer can change and view the data at any time. Necessary details are marked with an asterisk (*).
3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again. The automatic acknowledgement of receipt merely documents that the Seller has received the Customer's order and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has confirmed the ordered product within an explicit order confirmation or sending of the invoice.

3.4 If the Seller allows payment in advance, the contract shall be concluded upon provision of the bank details and request for payment. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, despite the due date, even after a renewed request, the seller shall withdraw from the contract with the consequence that the order shall lapse and the seller shall not be obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item in the case of payment in advance is therefore made for a maximum of 10 calendar days. The order of the products by the supplier is only carried out when the payment is received by the seller.

4. prices and shipping costs
4.1 All prices stated on the Seller's website are inclusive of the applicable statutory value added tax.
4.2 In addition to the prices stated, the Seller shall charge shipping costs for delivery. The shipping costs will be transparently shown to the Buyer on a separate information page and as part of the ordering process.

5 Delivery, availability of goods
5.1 If payment in advance has been agreed, delivery will be made after receipt of the invoice amount.
5.2 If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, insofar as this is reasonable for the customer.
5.3 If the delivery of the goods fails due to the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer without delay.
5.4 If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller will inform the Customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any payments already made.

6. payment modalities
6.1 The customer can choose from the available payment methods within the framework of and before the conclusion of the order process. Customers will be informed about the available means of payment on a separate information page.
6.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
6.3 If third-party providers are commissioned with the payment processing (e.g. Paypal), their general terms and conditions shall apply accordingly.
6.4 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 statutory default interest.
6.5 The customer's obligation to pay default interest does not preclude the seller from claiming further damages for default.
6.6 The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by the seller. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.

7. retention of title
The goods delivered shall remain the property of the seller until payment has been made in full.

8 Warranty for material defects and guarantee
8.1 The warranty shall be governed by statutory provisions.
8.1 A guarantee shall only exist for the goods delivered by the seller if this has been expressly given.

9 Liability
9.1 The following exclusions and limitations of liability shall apply to Seller's liability for damages, without prejudice to the other statutory conditions for claims.
9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those referred to in the above sentences.
9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

10 Storage of the text of the contract
10.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order process.
10.2 The Seller will also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. With the order confirmation, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your orders in your profile area. In addition, we store the text of the contract, but do not make it accessible on the Internet.

11. data protection
11.1 The seller processes personal data of the customer for a specific purpose and in accordance with the statutory provisions.
11.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) shall be used by the Seller to fulfil and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3 The customer has the right to receive, upon request and free of charge, information about the personal data stored by the seller about him. In addition, he has the right to have incorrect data corrected, to have his personal data blocked and to have his personal data deleted, provided that there is no legal obligation to retain such data.
11.4 Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the Seller can be found in the Privacy Policy.

12 Jurisdiction, Applicable Law, Contractual Language
12.1 The place of jurisdiction and performance shall be the Seller's registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law.
12.2 The language of the contract shall be German.

Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which can be found at https://ec.europa.eu/consumers/odr. The seller "shop.efoil.fun" is not obliged to participate in a dispute resolution procedure before a consumer arbitration board.