§1 area of application and supplier
These general terms of business (Terms and Conditions) are valid for all orders, which you as a consumer or enterpriser with the supplier
Cunabi Sports GmbH Stehpaddler SUP Shop
Goerzallee 299, 14167 Berlin
Our deliveries, achievements and offers occur exclusively on the basis of these Terms and Conditions. By now of the inclusion of the Terms and Conditions of a customer which contradict our Terms and Conditions is contradicted.
Language of contract is exclusively german.
You can call away the Terms and Conditions valid currently any time on our website https://www.sup-shop.berlin/agb/and print out.
§ 2 Conclusion of contract
The contract is concluded in electronic business via our online shop or other online platforms or by means of remote communications such as e-mail and telephone (distance sales).
In the online shop you make a binding purchase offer by clicking on the button “Buy now” (§ 145 BGB).
Upon receipt of the purchase offer, you will receive an automatically generated email confirming that we have received your order (order confirmation). This order confirmation represents the acceptance of your purchase offer.
We store the contract text and send you the order data and our GTC in text form You can view the contract text in our customer login.
§ 3 Prices
The prices mentioned on the product pages contain the statutory VAT and are subject to the respective shipping costs.
§ 4 Payment Terms
Payment can be made in our online shop via credit card (Visa, Mastercard, American Express), Instant Transfer, GiroPay, PayPal, or SEPA Direct Debit Mandate . In case of distance contracts outside our online shop can be paid by Paypal or bank transfer; We will tell you our payment connections in the order confirmation (by e-mail).
Payment of the purchase price is due immediately upon conclusion of the contract, except in the case of Paypal installment payment.
At our shop you can pay in cash or by EC-/credit card.
§ 5 Set-off/right of retention
You have the right to offset only if your counterclaim has been legally established, is not contested or acknowledged by us, or is in close synallagmatic relationship with our claim.
You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery
Unless otherwise agreed or stated in the product description, the goods will be delivered from our warehouse to the address indicated by you after receipt of payment.
elivery takes place only within Germany, Austria and Switzerland (via meineinkauf.ch).
§ 7 Right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Entrepreneurs are not granted a voluntary right of withdrawal.
§ 8 Reservation
If the supplier has no permanent obstacle to delivery, in particular force majeure or non-supply by its own suppliers, although a corresponding cover business has been done in time, the supplier has the right to withdraw from a contract with the customer in this respect. The customer will be informed of this immediately and will be reimbursed for services received, in particular payments.
§ 9 Transport damage
If goods are delivered with obvious transport damage, we ask you to immediately complain to the deliverer and inform us as soon as possible. You help us to assert our own claims against the carrier or the transport insurance. A possible failure to complain or contact has no consequences for your statutory warranty rights.
§ 10 Warranty
Unless expressly agreed otherwise, your warranty claims are governed by the statutory provisions of the sales law (§ § 433ff. BGB).
If you are a consumer within the meaning of § 13 of the German Civil Code, the limitation period for warranty claims in the case of used goods – contrary to the statutory provisions – is one year. . This restriction shall not apply to claims arising from damages resulting from injury to life, body or health or from breach of a substantial contractual obligation, the fulfilment of which enables the proper performance of the contract in the first place and which the contractual partner may regularly rely on. (cardinal obligation) as well as for claims for other damages based on a deliberate or grossly negligent breach of duty by the user or his vicarious agents. Otherwise, the statutory provisions apply to the warranty.
If you are an entrepreneur within the meaning of § 14 of the German Civil Code, the statutory provisions shall apply with the following modifications: In the case of defects, we provide a guarantee by way of remediation or replacement delivery (supplementary performance). The warranty period is one year from delivery of the goods.
§ 11 Liability
Unlimited liability: We are liable unlimited for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for minor negligence in the event of damage to the life, body and health of persons.
Moreover, the following limited liability shall apply: in the event of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the performance of which enables the proper execution of the contract in the first place and upon which you are allowed to trust regularly (cardinal obligation) . Liability for slight negligence is limited to the amount of damage foreseeable at the time of conclusion of the contract, which must typically be expected to arise. This limitation of liability also applies in favour of our vicarious agents.
§ 12 Prohibition of assignment and pledging
Claims or rights of the customer against the provider may not be assigned or pledged without his consent, unless the customer proves a legitimate interest in the assignment or pledge.
§ 13 Dispute resolution
The European Commission provides a platform for online dispute resolution (OS): Https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration body.
§ 14 Final provisions
Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the other provisions.
If you are an entrepreneur, German law applies to the exclusion of UN sales law.
If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
January, 2021; these GTC are based on contract patterns by HÄRTING Rechtsanwälte, www.haerting.de, firstname.lastname@example.org Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4 and Trusted Shops Rechtstexter in cooperation with FÖHLISCH Rechtsanwälte.