Terms and Conditions
General terms and conditions and customer information: This is just a translation from German. In the event of a legal dispute, the German General Terms and Conditions apply.
I. General Terms and Conditions
§ 1 Basic provisions
(1 ) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Werner Kahl Die Ruderwerkstatt GmbH) via the https://www.filippi-deutschland.de website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.
(2 ) A consumer within the meaning of the following provisions 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 is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
§ 2 Formation of the contract
(1 ) The subject matter of the contract is the sale of goods
and/or the provision of repair services
.
(2 ) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3 ) The contract is concluded via the online shopping cart system as follows:
The goods and/or repair services intended for purchase are stored in the “shopping cart”. You can call up the “Shopping cart” via the corresponding button in the navigation bar and make changes there at any time.
After clicking on the “Checkout” or “Continue to order” button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will then be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the “back” function of the Internet browser) or canceling the order.
(4 ) Your requests for a quotation are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).
(5 ) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Conclusion of the contract for courses
(1 ) The subject of the contract is the provision of courses.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2 ) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 4 Provision of services for courses
(1 ) The courses shall be held in the form described in the respective offers on the agreed dates.
(2 ) Insofar as the implementation of the courses is dependent on the number of participants, the minimum number of participants is determined by the respective offer.
If the minimum number of participants is not reached, we will inform you in writing (e.g. by e-mail) at least 7 days before the start of the course that the booked course will not take place. In this case, any services already rendered will be refunded immediately.
(3 ) If an individual event is canceled due to the short-term absence of the course instructor due to illness or for any other important reason, the services already rendered will be refunded immediately.
In the case of events consisting of several dates, if a date is canceled due to the short-term absence of the course instructor due to illness or for other important reasons, the canceled date will be made up on an alternative date.
(4 ) In connection with the use of course rooms and facilities, you must comply with the house rules displayed locally. You must adhere to our instructions or the instructions of the course instructor.
§ 5 Provision of services for repairs
(1 ) Insofar as repair services are the subject matter of the contract, we shall owe the repair work resulting from the service description. We provide these services to the best of our knowledge and belief, either personally or through third parties.
(2 ) You are obliged to cooperate, in particular you must describe the defect in the device as comprehensively as possible and make the defective device available.
(3 ) You shall bear the costs for sending the defective device to us.
(4 ) Unless otherwise stated in the respective offer, the repair, including dispatch of the device, shall be carried out within 5 – 7 days after receipt of the device to be repaired (in the case of agreed advance payment, however, only after the time of your payment instruction).
(5 ) If you make use of your right of termination in accordance with § 648 p. 1 BGB, we may demand 10% of the agreed remuneration as a lump sum if performance has not yet begun. However, if you have a statutory right of withdrawal, this only applies if you only exercise your right of withdrawal after the withdrawal period has expired. You reserve the right to prove that we have actually incurred no or significantly lower costs.
§ 6 Right of retention
Retention of title
(1 ) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2 ) The goods shall remain our property until the purchase price has been paid in full.
(3 ) If you are an entrepreneur, the following also applies:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the collateral to be released.
§ 7 Warranty
(1 ) The statutory liability for defects shall apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
(3)
Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4 ) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a ) Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by repair or subsequent delivery. If the rectification of defects fails, you can demand a reduction in price or withdraw from the contract at your discretion. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs arising from the transportation of the goods to a location other than the place of performance, provided that the transportation does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortened deadline does not apply:
– for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
– in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 8 Choice of law, place of performance, place of jurisdiction
(1 ) German law shall apply. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).
(2 ) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3 ) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II Customer information
1. identity of the seller
Werner Kahl Die Ruderwerkstatt GmbH
Henri-Duffaut-Strasse 17
35578 Wetzlar
Germany
Phone: +49644177777
E-mail: yourboat@ruderwerkstatt.de
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions “Conclusion of the contract” of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1. Contract language is German .
3.2. The complete text of the contract is not stored by us. Before sending the order via the online shopping cart system the contract data can be printed out using the browser’s print function or saved electronically. After we have received your order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of requests for quotations outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. codes of conduct
4.1. We have subjected ourselves to the quality criteria of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/
5. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6 Prices and terms of payment
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. There are no shipping costs.
6.3. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
6.4. Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6.5. Unless otherwise agreed, payment for course bookings must be made at the latest on the course date on site before the start of the course, otherwise there is no entitlement to participation.
7. terms of delivery
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. statutory liability for defects
Liability for defects is governed by the “Warranty” provision in our General Terms and Conditions (Part I).
9. termination
9.1. Information on the termination of the contract and the terms of termination can be found in the provisions on “Repair services” in our General Terms and Conditions (Part I) and in the respective offer.
These general terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/
last update: 29.11.2023