There is no delivery cost for deliveries effected within Germany if the products ordered amount to €35 or more. We charge a delivery cost of €3,50 for purchases under this amount.You have 14 days right of cancellation for all articles ordered online.
More information about shipment and costs outside germany you will finde here: shipment
Online shop – General Terms of Sales.
Our online shop is represented by:
Unterwegs Outdoor Shop GmbH
Flutstr. 84a
26386 Wilhelmshaven
Germany
Tribunal of registration: Local court Wilhelmshaven
Registration number: HRB 2725
Tax payer’s account number : 70/200/49983
Sales taxes identification number: DE237421728
Chief Executive Officer: Christoph Ganß
This GTS regulates the entering into contract, the obligations of buyer and seller and the execution of the duties resulting from the contract.
I. Content of the GTB
1.This GTB is to regulate the business relationship resulting from the contract made on the online shop between seller and buyer. The GTB to be taken into consideration is the one which was valid when entering into contract.
2.Contradictory considerations or deviations from the AGB on the part of the buyer will not be taken into consideration by the seller, unless he has given his written agreement. This AGB is not valid for arrangements or concessions which should exceptionally be made by the seller.
3.As this AGB also regulates eventually the relationship between business employers, its stipulations are also valid for employers or executives of partnerships, private or public limited companies who act on behalf of their companies.
II. Contract making
1.We don’t accept responsibility for information given on the products e.g. on illustrations, drawings, dimensions, weights, use, performances unless we express this explicitly.
2.Our offers in the Internet shop are not binding. By clicking on the button Bestellen/Order, the buyer expresses his binding will to buy the content of the shopping basket. The seller is then entitled to adhere to this contract within a week. This adherence occurs either by delivering the products or by providing the service ordered. It can also be expressed through an acknowledgement confirming the order placed by the buyer. The sales contract comes into effect with the adherence.
III. Information duties of the buyer
1. The buyer has to register with us by giving truthful information. Should some change occur in the meantime, particularly in name, address, email address, phone number, bank information, he is obliged to inform us by updating his information on our website as early as possible.
2.We reserve the right to release ourselves from the contract should the buyer ignore to give the information required or should he give false information. The reason for the cancellation has to be given written whereby sending an email is sufficient.
3.After having registered with us, the buyer will be sent an email to the address he has given when registering.
4.The buyer is obliged to inform the seller, should he not receive this confirmation email within 4 hours.
5.From the moment of registration on the buyer has to ensure his email address continuously available for receiving messages and must avoid disturbance such as a shut-down, a full box for incoming messages etc.
6.Should the buyer prefer payment by invoice or by direct debiting, the seller is entitled to have his creditworthiness checked by transmitting the information he has been given to the firm Infoscore Consumer Data GmbH, Rheinstraße 99, 76532 Baden Baden.
If the buyer fails to be creditworthy, the seller reserves the right to require payment in advance. Moreover he is entitled to hand over all handling of the order to the firm Infoscore GmbH concerning any acceptance or cancellation of a contract.
IV. Right of withdrawal
The buyer has the right to cancel an order he has placed within a fortnight. But cancellation cannot occur by means of telecommunication. The time limit for cancellations begins with receipt of the good ordered when dealing with goods and with services, the day on which the order was placed.
The cancellation must not be justified but must be written on a permanent data carrier or by returning the goods to the seller. It is sufficient if the goods are sent on time. This cancellation automatically releases the buyer from the contract of sale. The right of cancellation doesn’t apply to:
- products manufactured to specification or for goods which are not returnable due to their nature because of their nature.
audio, video or software, if the packaging has been opened by the buyer.
delivery of food.
The right of withdrawal is forfeited if a service has started being provided by the seller before expiration of the withdrawal time in accordance with the buyer or on his demand.
Further legal arrangement of the withdrawal in due time conforms to § 361a of German Civil Code and additionally to § 4 of the Code on distance selling dated 27 June 2000. Extensive information on the right of withdrawal can be consulted at any time in the menu “AGB”.
The products ordered have to be returned to the seller at his own risk and expense when making use of the right of withdrawal if this was originally not the way in which the withdrawal was expressed.
The buyer has to bear the costs for orders up to €40.00 unless the products delivered don’t correspond to what was ordered.
V. Delivery
1. Effecting delivery means that the supplier has lived up provided his obligation and the risk is then transferred to the buyer.
2. Should an article not be available, the buyer is not entitled to break the contract and to refuse delivery for this reason.
In this case the seller has to inform the buyer as soon as possible and to reimburse the value of the trade-off.
3.Should a buyer fail to accept delivered goods or should he break any other terms of contract, the seller will have the right to claim the amount of the losses plus compensation for additional damages which would eventually result.
The risk is to be transferred to the buyer if the damage is due to delay in acceptance.
VI. Prices
1.The purchase price or the allowance is due to be paid immediately, unless otherwise expressly agreed.
2.The buyer falls behind if he has not settled the invoice 30 days after he has received it.
3.In case of delay in payment valid legal default interests will be charged.
4.The buyer is only entitled to charge if his counterclaim has been absolutely asserted and has been accepted by us.
5.The buyer can only make use of the right of retention if his counterclaim is based upon the same contract terms.
VII. Retention of title
1.The seller remains owner of the goods delivered until all payments have been effected by the buyer accordingly. If the buyer acts contrary to contract, particularly in case of delay of payment, the buyer has the right to take back the delivery item. The buyer is then bound to restitution. This restitution doesn’t mean a cancellation of the contract, unless the seller has explicitly pointed it out in written form and the regulations of consumer credit law are not used. The buyer has to inform the seller in written form in case of a distress or intrusion of a third party to enable him to bring suit according to § 771 code of civil procedure.
2.When dealing with business people the seller remains of the property of the goods until all liabilities towards him have been paid by the buyer. This retention of title is also valid for a balance approved by the buyer if this balance has been booked in a current invoice by the seller. (On an open item basis).
3.If requested by the buyer, the seller is obliged to release claims on the collateral to which he is entitled if its value is 10% higher than the value of secured debts.
VIII Warranty
1.In case of defective goods and possibly goods which don’t meet the quality promised, the seller will be given the possibility to make good for the delivery he had made or to supply the right product.
Should the seller fail to do so, the buyer would be entitled to request reduction of the costs or order cancellation.
2.The previous warranty will only be taken into consideration if apparent damages of goods are declared within one month and later resulting damages are declared within six months. This regulation doesn’t apply to the obligation of control and amelioration of goods and services according to §§ 377 and 378 of
German Commercial Code which for traders.
3.The buyer has to enable the seller to control delivered goods which are damaged.
4.The preceding regulations in number 1 to 3 apply accordingly to those of the buyer’s claims which occurred through the suggestions or consultation in the contract or by violation of clarification, indication and consulting. As long as a claim on compensation in money is entitled to the buyer, this claim will remain unchanged.
IX Place of fulfilment, jurisdiction and legal order
1.The domicile of the seller is to be taken as the place of fulfilment for deliveries and payments and the place of jurisdiction when dealing with business people or public corporations. The seller has also the choice to file a lawsuit either at the buyer’s domicile or at the domicile of one of buyer’s subsidiaries.
2.Should the buyer not have a place of general jurisdiction at home or should he have moved or change his haunt outside of Germany after the contract has been made, the domicile of the seller is to be taken as place of jurisdiction. This is also valid if the domicile of the buyer is unknown when filing the lawsuit.
3.The legal requirements of Germany are valid for all contracts. The regulations of the UN Purchase Right do not apply for contracts between the seller and the buyer.
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