1. SCOPE OF VALIDITY
For all deliveries from the OPEN OCEAN SPORTS GmbH online store to customers (hereinafter referred to as "Customer"), these General Terms and Conditions apply exclusively, in the version valid at the time of the order.
These terms and conditions apply only to customers who are also consumers. The Customer is a consumer if he is a natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. On the other hand, a customer is an entrepreneur if he is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity
2. CONTRACTING PARTIES
The contract of sale is concluded with OPEN OCEAN SPORTS GmbH, Schleifweg 3, GER - 74257 Untereisesheim (hereinafter "OPEN OCEAN")
3. DEVIATING CONDITIONS
Deviating conditions of the customer to these general terms and conditions are not recognized, unless OPEN OCEAN expressly agrees to their validity in writing
4. OFFER AND CONCLUSION OF CONTRACT, ORDERING PROCESS
The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. By clicking the button "Buy now", the customer places a binding order for the goods contained in the shopping cart. The confirmation of receipt of the order follows immediately after sending the order by an automated e-mail and does not yet constitute acceptance of the contract. The acceptance of the contract takes place only when the customer receives an e-mail from us, with which we confirm the shipment of the goods or the order. We can accept your order within two days.
Before binding submission of the order, the customer can view and change his entries at any time. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
The order can only be submitted and transmitted if the customer has accepted the General Terms and Conditions by checking the appropriate box and has thereby accepted them in his application. Before submitting the order, the customer will be informed about the right of withdrawal, availability of goods, delivery times as well as accepted means of payment.
OPEN OCEAN reserves the right to withdraw from the purchase contract in the event that a consumer has actually acted in the exercise of a commercial or independent professional activity. For this purpose, OPEN OCEAN reserves the right to check information from customers if the size of the order does not correspond to household quantities.
The order confirmation shall contain these General Terms and Conditions and the data protection regulations as an appendix. The order confirmation will be stored by OPEN OCEAN. The order confirmation and the General Terms and Conditions can be printed out by the customer at any time using the "Print" function.
The order confirmation shall be authoritative for the content and scope of the contract. Additional agreements, changes, supplements, etc. require a separate confirmation, which will be sent with a separate e-mail
5. PRICES AND TERMS OF PAYMENT
All prices quoted are in euros and include the statutory value-added tax applicable at the time.
For customers from countries outside the EU and Switzerland, VAT will be deducted. The payment of country-specific import and sales tax is the responsibility of the customer and is not the responsibility of OPEN OCEAN. Accruing customs tariffs are to be paid by the customer.
Flat-rate shipping fees will be charged for shipping in the following amounts:
FREIGHT CHARGES (island shipping excluded) see table.
For overseas shipping please contact email@example.com.
The purchase price and shipping costs will be clearly communicated to the customer again on the order page and in the order confirmation.
The customer has the choice between the payment methods offered during the ordering process: instant bank transfer, PayPal, payment by credit card (VISA and MASTERCARD are accepted), Maestro, Apple Pay and Google Pay.
Payment of the purchase price, including shipping costs, is due upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer, as a consumer, must pay the supplier interest on arrears for the year at the rate of five percentage points above the respective base interest rate.
Offsetting by the customer is only permitted if his claim is undisputed or has been legally established.
Invoices will be issued electronically in a separate e-mail. The invoice can be printed out by the customer at any time using the "Print" function
6. DELIVERY, HANDOVER OF THE GOODS
The delivery takes place only within the EU. The goods are shipped by DHL, GLS, UPS and/or DPD.
The shipping risk for ordered goods is borne by OPEN OCEAN if the customer is a consumer. If the customer is an entrepreneur, the shipment is at his risk.
The delivery time is 2-8 business days (Monday to Friday, holidays excluded) after order confirmation.
The goods are delivered to the delivery address specified by the customer.
If no copies of the product are available at the time of the order, OPEN OCEAN will inform the customer before placing the order.
In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, OPEN OCEAN is also entitled to withdraw from the contract. Any payments already made by the customer shall be refunded by OPEN OCEAN without delay.
OPEN OCEAN shall not be responsible for delays in performance due to force majeure. Events of force majeure shall entitle OPEN OCEAN to postpone performance for the duration of the hindrance and a reasonable start-up period or to withdraw from the contract in whole or in part on account of the part of the contract that has not yet been fulfilled. Force majeure shall include, for example, strikes, natural disasters, war, blockades, epidemics and pandemics and other sovereign interventions.
OPEN OCEAN shall notify the customer of the occurrence of such events of force majeure.
7. RETENTION OF TITLE
The delivered goods remain the property of OPEN OCEAN until full payment has been received
8. STATUTORY LIABILITY FOR DEFECTS
For contracts with consumers, the legal liability for defects applies.
OPEN OCEAN assumes no responsibility for the options selected by the user, such as selection of order quantity or product type.
An additional guarantee only exists if this has been expressly stated in the order confirmation for the product in question.
Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body, health or the breach of essential contractual obligations, as well as liability for other damages based on an intentional or grossly negligent breach of duty by OPEN OCEAN of its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
In the event of a breach of essential contractual obligations, OPEN OCEAN shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, limb or health.
The restrictions also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them.
In the case of orders from the customer, who is an entrepreneur according to § 14 BGB, the warranty obligation is limited to twelve (12) months. For contracts with consumers according to § 13 BGB, the warranty obligation is two (2) years from receipt of the goods.
The provisions of the Product Liability Act shall remain unaffected
9. RIGHT OF REVOCATION FOR CONSUMERS
The consumer may revoke the contract within thirty (30) days without giving any reason. The withdrawal period is thirty (30) days from the day on which the consumer concluded the contract with OPEN OCEAN.
To exercise the right of withdrawal, the consumer must inform OPEN OCEAN of the decision to withdraw from the contract by means of a clear statement (e.g. letter, online form or email).
The revocation must be addressed to:
OPEN OCEAN SPORTS GmbH
GER – 74257 Untereisesheim
Phone number: +49 (0)7132 4024
The consumer can use the model withdrawal form for the revocation which is available for download, but which is not mandatory. The model withdrawal form or another clear explanation can also be sent to OPEN OCEAN electronically.
The consumer shall return or hand over the goods to OPEN OCEAN without undue delay and in any case no later than within fourteen (14) days from the day on which the consumer has notified OPEN OCEAN of the revocation of this contract. The time limit is granted if the consumer sends the goods before the expiry of the fourteen (14) day period to the following address:
OPEN OCEAN SPORTS GmbH
GER – 74257 Untereisesheim
The goods must be returned at the risk of the consumer, unless the cost of return is borne by OPEN OCEAN.
In order to comply with the withdrawal period, it is sufficient that the notification of the exercise of the right of withdrawal is sent before the expiry of the withdrawal period.
If the contract is revoked, OPEN OCEAN shall repay the consumer all payments that OPEN OCEAN has received from the consumer, including delivery costs, without undue delay and no later than within fourteen (30) days from the day on which OPEN OCEAN received the notification of revocation of this contract. The same means of payment used by the consumer in the original transaction shall be used for this repayment, unless expressly agreed otherwise with the consumer; in no case shall the consumer be charged any fees on account of this repayment. The repayment may be refused by OPEN OCEAN until OPEN OCEAN has received the goods back or until the consumer has provided proof that he has returned the goods, whichever is the earlier.
The consumer must pay for any loss in value of the goods only if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods
10. NOTE ON DATA PROCESSING
OPEN OCEAN collects data of the customer in the context of the execution of contracts. OPEN OCEAN undertakes to treat the personal data of customers confidentially in accordance with the provisions of data protection law (in particular the DSGVO, the Federal Data Protection Act and Telemedia Act).
11. FINAL PROVISIONS
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws. The non-exclusive jurisdiction of the courts in Kempten (Bavaria), Germany is agreed. If you are a consumer with habitual residence in the EU, you also enjoy protection of the mandatory provisions of the law of your country of residence. You may choose to file claims in connection with these General Terms and Conditions arising from consumer protection standards both in Germany and in the EU member state in which you live. The European Commission provides a platform for online dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/. We prefer to resolve your concerns in a direct exchange with you and therefore do not participate in consumer arbitration proceedings. Please contact us directly if you have any questions or problems.
Should any of the above provisions be invalid in whole or in part, this shall not affect the validity of the provision(s) or the contract in other respects.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.