General terms
General Terms and Conditions Online-Shop
1. Scope
The following General Terms and Conditions (GTC) apply to all orders placed by to both consumers and business customers via our online shop. These GTC also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business. For business customers the following GTC shall apply only for online shop orders.
2. Contractual partner, formation of contract, payment methods
In prospectus, advertisement and other promotion material like e.g. our offer invitations and pricing information contained in our online catalogue are subject to change and non-binding.
To order a product please proceed as follows:
- Please log in with your customer account data; in case you do not already have a customer accont please register in our online shop before to open an account, please hereby provide your contact data, including billing and in case deviating delivery address; items marked with starlet are obligatory items which we need in any case to be able to process your order.
- Please select the product or products you want to order. Hereby you put the products into the shopping cart.
- To order your products please select the window „shopping cart“ and check if the all provided items are correct. You can make corrections at any time by deleting products or adding other products.
- Please provide the delivery country for shipping cost calculation. Please select „checkout“ to see the shipping methods. You can also add a further address. Please select then the shipping method (standard bzw. express) and klick „next“. Please also provide which offered payment method you choose (PayPal; prepayment); you may also use the express checkout function via PayPal by using the respective button.
- Please then confirm your order by selecting the item „confirm purchase“. Hereby your order will be offered to us.
- You will receive from us immediately the confirmation that we received your offer; as soon as you will be provided with the notification from us if and when we will expect to be able to ship resp. ship your products or we declare (via email) our acceptance towards the customer or we demand towards PayPal to initiate the payment transaction after ordering in the online shop, we will have accepted your offer. The customer is bound to the offered order 14 days. We are entitled to accept the offer within this time period. Relevant for the compliance with this time period is the date when our acceptance will be communicated towards the customer (the delivery of the ordered products shall also be deemed as acceptance). In case a product is not available we will note this; if in such case other ordered products are deliverable we will proceed the ordering for such products, unless you will instruct us otherwise. Ordered products which are not available we will – as far as possible – deliver later; insofar our delivery at a later date is not carried out either within 14 days after our acceptance declaration you may revoke your order. Your legal right of rescission as consumer customer shall be of course unaffected therefrom.
The purchase/service contract is concluded with Adventure Lakes GmbH.
When the formation of contract occurs, depends from the selected payment method:
Advance payment upon receipt of invoice
Without undue delay upon receipt of the order, we will send to the customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the customer shall not become effective until our acceptance.
PayPal
By payment via paypal the payment transaction will be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (as follows: "PayPal"), by acceptance of the PayPal Account User Agreement, availbable under https://www.paypal.com. During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction and hereby accept your order.
Sec. 312 i para. 1 s. 1 no. 1 through 3 and s. 2 German Civil Code (BGB) shall not apply for business customers.
Our technical or sales personnell, deliverymen or outdoor sales representatives are not entitled to conclude oral agreements with the customer by which this GTC would be amended or supplemented, and are not entitled to collection procedures.
For consumer customers in principal the right of rescission due to mandatory law shall apply. Further information about the right of rescission are contained in the instruction of the vendor about the right of rescission. The right of rescission shall not apply for consumer customers with main residence and delivery address in a country which belongs neither to the European Union nor to the European Economic Area.
3. Contract language, saving the contract text
The language available for concluding the contract is English. Insofar as these GTC are made available in another language, the German version shall take precedence. We save the text of the contract and forward the order data and our GTC to you by e-mail. You may also view the text of the contract in our customer login area.
4. Delivery conditions, Passing of risk
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers. We only dispatch goods in transit route; picking up by the customer is not possible. We do not deliver to packing stations. Partial deliveries of products included in the same order shall be permitted, provided that the products can be used separately, whereby we bear the additional shipping costs caused thereby.
Insofar a fixed time period or date is agreed in writing we will carry out the delivery of our products and services within a time period of three weeks. In case we will not meet the agreed delivery date the customer shall concede a grace period which shall in no case be less than two weeks.
For business customers we shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. The same shall apply correspondingly to consumer customers only in case the consumer customer has engaged the transport company and we have not nominated the transport company before.
Notwithstanding the foregoing, if, we have agreed to carry out any assembly or installation work at the customer’s place, we shall timely complete such work and deliver the product to the customer at the time that has been contractually agreed upon. If the customer is a consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the customer upon delivery of the product to the customer or upon the customer’s default of acceptance. In all other cases, if our obligation is limited to the dispatch of the product, such risk shall pass to the customer upon delivery of the product by us to the carrier. If, however, we have agreed to carry out any assembly or installation work at the customer’s place, the risk shall pass to the customer upon completion of such work and delivery to the customer.
5. Prices, Payment
The prices include the legally required VAT. Insofar not agreed explicitly in writing otherwise our prices with delivery ex works (ab Lager) apply; we charge for postal and packing costs the amount calculated with your order. Shipping costs shall be borne by the customer, they include transport insurance costs agreed by us.
The following payment methods are basically available in our online shop:
Advance payment upon receipt of invoice
In the event that we have agreed to advance payment we name our banking details in the confirmation of receipt of your order. Our invoices shall be due and payable by the customer within 10 days upon receipt of the confirmation to banking account.
PayPal
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the online shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
The Customer is entitled to set-off claims against our claims or retain owed amounts in case customer claims are undisputed or confirmed by a legally-binding judgment or result from the same contractual relationship.
6. Retention of title
The goods shall remain our property until full payment is made. For business customers, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
7. Damage during delivery
For consumer the following applies:
If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Applicable to business customers:
The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in Sec. 377 HGB: The customer must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
8. Warranty and guarantees
Unless expressly agreed otherwise below, the law governing liability for defects shall apply.
For consumers, in the event of a contract regarding used goods shall apply the following: upon occurrence of defects after one year’s period upon delivery of the goods warranty rights shall be excluded. Defects which occur within one year’s period upon delivery of the goods may be challenged within the limitation period for claims for defects by law of two years upon delivery of the goods.
For business customers, the limitation period for claims for defects with new goods is one year from transfer of risk. In the event of a contract regarding used goods claims for defects shall be excluded. The statutory limitation periods for the recourse claim under Sec. 445a German Civil Code (BGB) remain unaffected. With respect to business customers, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. If the delivered item is defective, we may initially choose, with respect to business customers, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a non-defective item (replacement delivery), at our discretion. The aforementioned restrictions and shortened time limit do not apply to claims for damages, which have been caused by us, our legal representatives or legal agents
- for injury to life, limb or health
- for deliberate or grossly negligent breach of duty, as well as fraud
- within the context of a guarantee commitment, where agreed,
- insofar the mandatory liability in accordance with the Product Liability Act apply.
Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable.
9. Liability
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
- for injury to life, limb or health,
- for deliberate or grossly negligent breach of duty,
- for guarantee commitments, where agreed towards consumer,
- insofar the mandatory liability in accordance with the Product Liability Act apply.
For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, by us, our legal representatives or legal agentsour civil law liability is limited to the typically foreseeable and direct damages at the time of contract conclusion.
Apart from that damage claims shall be concluded.
Due to the constitution of the internet we cannot guarantee that our online shop is available without any interruption. The access may be interrupted or limited occasionally in order to make possible repairings, maintenance works or the introduction of new devices or services.