(The following Terms and Conditions include legal information regarding your rights according to the regulations about contracts in distance selling and of electronic business transaction.)
1. Scope of Application
2. Offer and Service Description
3. Order Process and Conclusion of Contract
4. Prices and Shipping Fees
5. Delivery and Product Availability
6. Payment Methods
7. Retention of Title
8. Defects Liability and Warranty
9. Liability
10. Retention of Wording of Contract
11. Data Protection
12. Jurisdiction, Applicable Law, Contract Language
1. Scope of Application
1.1. For the business relationship between
curfboard GmbH
Gysslingstrasse 72
Steuerhaus 2.Stock
80805 Munich, Germany (hereinafter “seller”) and the customer (hereinafter “customer”) only the following terms and conditions apply, in the version valid at the time of the order (the conclusion of the contract).
1.2. You can contact our customer service for questions, customer complaints or other claims on weekdays from 9 am to 6 pm by phone at +49(0)89-95457240 or by email at [email protected].
1.3. Within these Terms and Conditions the customer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to his commercial or independent professional activities (§ 13 Bürgerliches Gesetzbuch ( BGB)/German Civil Code).
1.4. Deviating terms of the customer are not acknowledged, unless the seller agrees to them in writing.
2. Offer and Service Description
2.1. The presentation of goods on the seller’s website does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the websites of the seller do not constitute a representation or warranty.
2.2. All offers are valid “while stocks last”, if not stated otherwise on the product page. In addition, errors expected.
3. Order Process and Conclusion of Contract
3.1. Shopping Cart
Pick the products you want to purchase by clicking „Into Shopping Cart”. Your choices are then placed in the shopping cart. You can change your product choice until sending off your order by changing the number of products, by clicking the field “delete” or simply cancel the order process. By clicking on “checkout” you get to the next step in the order process.
3.2. Checkout
If you are already registered as a customer, please sign in with your email address and password. If not, please register a s a new customer. Your data is being obtained, processed and used in compliance with data protection law. Your data is not being used for other purposes or transferred to third parties. If you are already signed in you may then pick your shipping method. By clicking on “continue” you get to the next step in the order process.
3.3. Verify invoice address / Choose Payment Method
Please verify your invoice address and choose your preferred payment method. By clicking on “continue” you get to the next step in the order process.
3.4. Verify Shipping Address / Choose Shipping Method
Please verify your shipping address and choose your shipping method. By clicking “continue” you get to the next step in the order process.
3.5. Complete Order Process /Terms and Conditions and Data Protection
We provide you with an overview of your order: chosen products, shipping and payment address, your contact details. Please verify the information and read the terms and conditions and the instruction on the revocation policy. You may only proceed with the order by agreeing to the terms and conditions and the instruction on the revocation policy (check box). By clicking on “buy” you send your order to use and submit a legally binding order.
The seller then sends the customer an automatic confirmation of receipt by email, in which the customer’s order is listed again and which the customer can print using the “print” function (order confirmation). The automated confirmation of receipt only documents that the customer’s order is received by the seller and does not constitute the acceptance of the request. The sales contract is first concluded when the seller ships or hands over the ordered product to the customer within two days or confirmed the shipment to the customer within two days with a second email, an explicit order confirmation or sending of an invoice.
3.6. Should the seller provide advance payment, the contract is concluded with the provision of banking information and request for payment. If the payment is not received by the seller, despite the due-date, even after a renewed request until a date 10 calendar days after sending the order confirmation, the seller withdraws from the contract with the result that the order is void and the seller has no obligation to supply the goods. The order is then completed for the customer and the seller without any further implications. Therefore a reservation of goods through the payment method cash before delivery lasts a maximum of 10 calendar days.
3.7. In our online shop, we sell products for private use only. Commercial resale or export of the products purchased here to other countries is prohibited. We reserve the right to cancel orders that are in violation of these terms and conditions for a fee and to withhold the transaction costs incurred. We also reserve the right to claim any profits from commercial resales and to claim further damages.
4. Prices and Shipping Fees
4.1. All prices that are stated on the website of the seller include the effective legal sales tax respectively.
4.2. In addition to the stated prices the seller charges shipping fees for delivery. Shipping fees will be communicated clearly to the customer on a separate information page, during the ordering process and on the invoice.
5. Delivery and Product Availability
5.1. If cash before delivery is agreed on, the seller delivers the goods after the receipt of the invoice amount.
5.2. If the ordered goods are not available because the seller is not provided with the goods by his seller through no fault of his/her own, the seller can withdraw from the contract. In that case, the seller will inform the customer immediately and if possible suggest the delivery of a similar product. If no similar product is available or the customer does not wish the delivery of a similar product, the seller will refund already submitted considerations to the customer immediately.
5.3. Customers are informed about delivery times and delivery restrictions (e.g. restrictions of delivery to certain countries) on a separate information page or within the respective product description.
6. Payment Methods
6.1. The customer can choose the available payment method during and before the conclusion of the ordering process. Customers are informed about available payment methods on a separate information page.
6.2. If “payment by invoice” is possible, the payment must be made within 30 days after receiving the goods and the invoice. For all other payment method, payment in advance shall be made without deduction.
6.3. If third party providers are assigned, e.g. Paypal, their terms and conditions apply to the payment process.
6.4. If the due-date of payment is determined by the calender, then the customer is already in default when missing the date. In that case, the customer has to pay interest ate the legal default rate.
6.5. The customer’s obligation to pay interest does not exclude further assertion of other damages caused by delay by the seller.
6.6. A right to offset is only entitled to the customer if his counterclaims are legally determined or accepted by the seller.
7. Retention of Title
Until full payment the delivered goods remain in the property of the seller.
8. Defects Liability and Warranty
8.1. Warranty is determined by the statutory provisions of the German Civil Code (BGB).
8.2. A guarantee for goods delivered by the seller only applies if explicitly stated. Customers are informed about warranty conditions before the initiation of the ordering process.
9. Liability
9.1. For a liability of the seller regarding compensation of damages, without prejudice to other statutory requirements, the following limitations of liability apply.
9.2. The seller is fully liable if the damage is caused by intent or gross negligence.
9.3. Furthermore the seller is liable for the slight negligent breach of substantial obligations, whose breach endanger the fulfillment of the purpose of the contract, or for the violation of duties, the fulfillment of which makes the proper execution of the contract possible in the first place and on which the customers regularly trust. In this case, however, the seller is liable only for foreseeable damages typical for the contract. The seller is not liable for the negligent breach of obligations other than those mentioned in the preceding sentences.
9.4. The above-mentioned liability limitations of liability shall not apply to injury of life, body or health, for a defect after furnishing a guarantee for the quality of the goods and for fraudulently concealed defects. Liability under the German product liability law (“Produkthaftungsgesetz”) remain unaffected.
9.5. As far as the seller’s liability is excluded or limited, the same applies to the personal liability of employees, representatives and assistants.
10. Storage of Wording of the Contract
10.1. The customer can print the wording 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.
10.2. In addition, the seller sends an order confirmation with all order data to the e-mail address provided to him by the customer. Furthermore, the customer receives a copy of the Terms and Conditions, next to the Cancellation Policy and information about shipping fees, as well as shipping conditions and payment conditions. If you are registered in our shop, you can see your submitted orders in your account. In addition we store the wording of the contract but do not provide it online.
11. Data Protection
11.1. The seller is processing personal data of the customer appropriately and in accordance with statutory provisions.
11.2. Personal information required for the purpose of the order (such as name, e-mail address, mailing address and bank data) are used by the seller for fulfillment and processing of the contract. This information will be kept confidential and not be disclosed to third parties who are not involved in the ordering, delivery and payment procedures.
11.3. On request the customer has the right to obtain information free of charge about the personal data stored about him by the seller. In addition he/she has the right to correct inaccurate data, to block and delete his/her personal data, as long as there is no legal obligation to retain.
11.4. Further information regarding the nature, extent, location and purpose of the collection, processing or use of required personal data by the seller can be found in the Privacy Policy.
12. Jurisdiction, Applicable Law, Contract Language
12.1. Jurisdiction and place of performance is the place of business of the seller, if the customer is a merchant, a legal entity under public law or public special fund.
12.2. The exclusive language available for the conclusion of the contract is shall be German. Translations of these Terms and Conditions to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.
12.3. We would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website of the platform of the European Commission for Online Dispute Resolution (ODR) for consumers: https://ec.europa.eu/consumers/odr
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