Terms and Conditions (GTC)
Oettingen i. Bay., 7 October 2020
- Scope and conclusion of contract
- Prices and payment terms
- Special orders
- Right of withdrawal
- Delivery and shipping conditions
- On Bill
- Retention of title
- Liability for defects: guarantee and warranty
- data protection
- Applicable Law and Jurisdiction
- validity
- Disclaimer
1. Scope and conclusion of contract
ALLFORBOATS.SHOP is a brand of Reckefuß-Yachting, Fürst-Alois Straße 6, D-86732 Oettingen in Bavaria.
These General Terms and Conditions (hereinafter "GTC") of Reckefuß-Yachting (hereinafter "Reckefuß-Yachting") apply to all contracts for the delivery of goods that a consumer (hereinafter "customer") concludes with Reckefuß-Yachting with regard to the goods presented in the ALLFORBOATS.SHOP. The contract language is German. ALLFORBOATS.SHOP does not recognize any deviating conditions of the customer unless ALLFORBOATS.SHOP has previously agreed to them in writing.
A customer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
The presentation of the products on ALLFORBOATS.SHOP does not constitute a legally binding offer, but only a non-binding catalog of the product range. By clicking on the "buy now" button, a binding order for the goods in the shopping cart is placed. The order confirmation is immediate and automatic. It does not constitute acceptance of the offer to conclude a purchase contract, but only informs about the receipt of the order and includes the text of the purchase contract. The customer can also place an order by email or online contact form. When ordering via the online order form on ALLFORBOATS.SHOP, the order confirmation and the contract text are sent to the customer by email within 2 days at the latest. The period for accepting the order begins on the day after the order is sent by the customer and ends on the expiry of the fifth day following the dispatch. If Reckefuß-Yachting does not accept the customer's order within the aforementioned period, this is deemed to be a rejection of the order with the consequence that the customer is no longer bound by his declaration of intent. Regardless of which ordering process was chosen, a purchase contract is only concluded when the order is dispatched. Shipping is carried out by third parties.
If the customer selects "PayPal Express" or "Amazon Payments" as the payment method during the online ordering process, he or she also issues a payment order to PayPal or Amazon by clicking the button that completes the ordering process. In this case, Reckefuß-Yachting accepts the order as soon as the customer initiates the payment process.
The customer must ensure that the email address he provides when placing the order is correct so that all emails sent by Reckefuß-Yachting or third parties commissioned to process the order can be delivered to him.
If the customer has set up an online user account on ALLFORBOATS-SHOP before submitting his order, the order data will be archived on the ALLFORBOATS.SHOP website and can be accessed free of charge by the customer via his password-protected user account by entering the relevant login data.
2. Prices and payment terms
All prices are in euros, including statutory value added tax (VAT), plus postage or shipping costs. No VAT is charged for deliveries outside the EU.
The shipping costs for deliveries within and outside the EU, which are automatically calculated on ALLFORBOATS.SHOP, may vary after the conclusion of the purchase contract and upon dispatch.
For deliveries and/or payments from outside the EU, additional costs may arise, such as transfer fees, exchange rate fees or taxes (e.g. customs duties). These costs are to be borne by the customer.
ALLFORBOATS.SHOP offers the following payment options: Credit card (Master, VISA, VISA+, AMEX), Paypal, Shopify Payments. Orders placed via Amazon can be paid via Amazon Payments.
When paying using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) Sàrl. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
If you select a payment method offered via the Shopify Payments payment service, the payment will be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland. The individual payment methods offered via Shopify are communicated to the customer in the ALLFORBOATS.SHOP. To process payments, Shopify may use other payment services for which special payment conditions may apply, which the customer may be informed of separately. More information about Shopify Payments: https://www.shopify.de/payments.
If you select the Amazon Payments payment method, payment processing will be carried out via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg, subject to the Amazon Payments Europe User Agreement: https://payments.amazon.de/help/201751590.
Payment by sending cash, checks, bank transfer or cash on delivery is not possible. We exclude liability for loss of cash and checks.
3. Special orders
The following conditions apply to the processing of goods according to specific customer specifications (e.g. personalization).
If, according to the content of the contract, Reckefuß-Yachting is obliged to process the goods in accordance with certain customer specifications (e.g. personalization) in addition to the delivery of the goods, the customer must provide Reckefuß-Yachting with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file size specified by Reckefuß-Yachting and grant the necessary rights of use for this. The customer is solely responsible for the procurement and acquisition of rights to this content.
The customer releases Reckefuß-Yachting from any claims made by third parties. The customer also assumes the costs of legal defense, including all court and attorney fees to the statutory amount. This does not apply if the customer is not responsible for the violation of law. In the event of a claim by a third party, the customer is obliged to provide Reckefuß-Yachting with all information required to examine the claims and to defend itself, promptly, truthfully and completely.
Reckefuß-Yachting reserves the right to refuse processing orders if the content provided by the customer violates legal or official prohibitions or violates common decency.
Reckefuß-Yachting provides its services personally or through third parties (subcontractors) at its own discretion. Unless otherwise stated in the service description of Reckefuß-Yachting, the customer has no right to select a specific person to carry out the desired service.
The customer must provide Reckefuß-Yachting with all information required for the provision of the service owed, completely and truthfully, unless the information is obtained by Reckefuß-Yachting.
The customer undertakes to hand over the contents to be provided by him on the contractually agreed date in order to ensure timely completion and delivery by Reckefuß-Yachting.
4. Right of withdrawal
Customers with a residence and delivery address in the EU have the right to cancel the purchase contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which the goods were received and thus taken into possession by the customer or a third party commissioned by him.
Goods that are specially made for the customer when ordered cannot be exchanged. These goods are marked "NOT EXCHANGEABLE" in the product name.
To exercise the right of withdrawal, the customer must send a clear declaration of his decision to withdraw from the contract by post to Reckefuß-Yachting, Fürst-Alois Str.6, D-86732 Oettingen or by email to retouren@allforboats.shop within the withdrawal period. Reckefuß-Yachting also provides a sample withdrawal form for this purpose. on ALLFORBOATS.SHOP, but its use is not mandatory. The customer can fill out the sample cancellation form electronically and send it to Reckefuß-Yachting. He will then immediately receive an email confirming receipt of his cancellation.
If the customer cancels his purchase contract, Reckefuß-Yachting will refund all payments, including standard delivery costs, immediately and no later than within 14 days of receipt of the customer's cancellation notice. All costs will be refunded, with the exception of additional costs resulting from a different form of delivery than the standard delivery and chosen by the customer.
The refund will be made using the same means of payment that the customer used for the original transaction. Under no circumstances will the customer be charged any fees for refunds.
Reckefuß-Yachting may refuse the refund until our supplier has received the returned goods.
The goods must be returned immediately and in any case no later than 14 days from the day on which the cancellation was made. The day on which the goods are returned applies. The direct return costs of the goods for domestic shipments and standard shipping are borne by Reckefuß-Yachting. To return the goods, Reckefuß-Yachting provides a return form which must be enclosed with the shipment. The form is available by email at: returns@allforboats.shop
The customer must pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
Exclusion of the right of withdrawal:
- The right of withdrawal does not apply to customers who are not members of an EU member state at the time the contract is concluded and whose sole place of residence and delivery address are outside the EU at the time the contract is concluded.
- For contracts for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer (e.g. personalization).
- For contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
- In the case of contracts for the delivery of goods, if these have been inseparably mixed with other goods after delivery due to their nature.
- In the case of contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
5. Delivery and shipping conditions
The shipping costs for standard and express deliveries within and outside the EU are automatically calculated by our shipping partners Deutscher Paketdienst and DHL. Additional shipping costs may arise due to changes to the shipping material by our distributor. Shipments may also be split into several packages and sent separately.
Costs for express deliveries are to be borne by the customer and are also due if the customer exercises his 14-day right of withdrawal.
For goods such as bulky goods, batteries and others for which special deliveries are necessary, additional shipping costs will be charged. Any transport damage that may occur is insured by Reckefuß-Yachting. The costs of any returns are borne by the customer.
Goods delivered by ALLFORBOATS.SHOP within the EU are subject to VAT.
Shipping outside the EU is possible worldwide, even to remote locations and ports, provided a clear delivery address is provided. Costs for such special deliveries are also due if the 14-day right of cancellation is exercised. Any transport damage that may occur is insured by Reckefuß-Yachting. Costs for returns outside Germany are to be borne by the customer.
Deliveries outside the EU are sent without VAT. Additional costs may apply (e.g. customs duties, taxes, import fees, storage fees, exchange rates, currency differences and other costs). These additional costs cannot be influenced by Reckefuß-Yachting and must be borne by the customer.
International shipping to certain countries is subject to delivery restrictions and not all items may be shipped to all countries. The customer will be informed of possible delivery restrictions when ordering on ALLFORBOATS.SHOP.
As importer/recipient of the goods, customers may be required by the country's customs to provide an identification number (e.g. national identification number, CPF or tax number). Reckefuß-Yachting is not obliged to issue a supplier or long-term supplier declaration and/or an export declaration to the customer or customs or to obtain one from upstream suppliers. The customer is responsible for ensuring that the product can be legally imported into the country of destination.
For air and sea freight deliveries, a "door-to-door" service may not be guaranteed and the customer may have to collect the goods from the relevant airport or port. In this case, any additional transport or travel costs incurred will not be borne by Reckefuß-Yachting.
Delivery reservation: If goods are not available after receipt of the order, Reckefuß-Yachting reserves the right not to fulfill the contract, even if a corresponding binding transaction may have been concluded. In such a case, the customer will be informed immediately. Any services/payments already provided will be refunded immediately. Further claims against Reckefuß-Yachting are excluded. Deliveries are made while stocks last.
6. Set-off
The customer is only entitled to offset counterclaims if his counterclaims have been legally established or are undisputed.
7. Retention of title
If Reckefuß-Yachting makes advance payments, Reckefuß-Yachting reserves title to the delivered goods until the purchase price owed has been paid in full.
8. Liability for defects: guarantee and warranty
If the delivered goods are defective, the statutory liability for defects applies.
The assignment of a claim of the customer is excluded.
The customer is requested to complain to the deliverer about goods that have obvious transport damage and to inform Reckefuß-Yachting of this. If the customer does not do this, this will have no effect on his legal or contractual claims for defects.
For all defects in the purchased item (new goods) that occur during the statutory warranty period of 24 months, the statutory claims for subsequent performance apply, either through repair (repair) or replacement (subsequent delivery). If the effort is grossly disproportionate to the customer's interest in the service, Reckefuß-Yachting can refuse subsequent performance, even if Reckefuß-Yachting is unable to provide subsequent performance.
Excluded from the warranty are damages resulting from natural wear and tear, improper use and lack of or incorrect care.
Any further liability, in particular in connection with any consequential damages and claims for damages of any kind that exceed the value of the delivered goods, are excluded.
Complaints and discrepancies do not release you from your obligation to pay. Otherwise, the statutory guarantee and warranty provisions apply.
9. Data protection
The contract is concluded subject to consent to the data protection declaration.
10. Applicable law and place of jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
The place of jurisdiction is Nördlingen im Ries.
The EU Commission provides a platform for out-of-court dispute resolution (external link): https://ec.europa.eu/consumers/odr/ . This gives consumers the opportunity to resolve disputes relating to their online order without initially involving a court.
11. Legal validity
In the event that individual or parts of the General Terms and Conditions should be partially or completely invalid, the presumed will and other named General Terms and Conditions shall remain unaffected and shall remain valid.
12. Disclaimer
The liability of Reckefuß-Yachting is based exclusively on the general terms and conditions defined here in advance. All claims not expressly granted therein, including claims for damages, regardless of the legal basis, violation of contractual ancillary obligations, pre-contractual obligations and tortious acts are excluded. This does not apply in the case of intentional actions, gross negligence or if liability is mandatory due to statutory provisions.
Reckefuß-Yachting refers to links to other websites in the ALLFORBOATS.SHOP. Reckefuß-Yachting expressly distances itself from all content on the linked websites.
Without exception, Reckefuß-Yachting holds all rights to the content, texts, graphics, layout, logos and websites of ALLFORBOATS.SHOP. Any form of reproduction and distribution requires the written consent of Reckefuß-Yachting. In all other respects, the provisions of copyright law (UrhG) apply.
Oettingen i. Bay., October 7, 2020.