Terms and Conditions
Terms and Conditions
As of: August 21, 2024
These conditions
(1) This website (the "Site") and/or the services, including all associated mobile applications (collectively, the "Services") and all offers and sales of products ("Products") through the Site, is owned and operated by [please enter the company name and legal form of the shop operator] (hereinafter also: "we," "us," and "our"). These terms and conditions ("Terms") set forth the terms and conditions under which visitors or users (collectively, "Users" or "you") may access or use the Site and/or the Services and purchase Products.
(2) By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or purchasing any Products. These Terms tell you who we are, how we sell Products to you, how you can cancel your purchase, and what to do if you have any problems.
(3) You represent that you are of legal age and have the legal authority, right, and freedom to enter into a binding agreement based on these Terms and to use the Services and purchase Products. If you are a minor, you must obtain the permission of your parent or legal guardian to use the Services or purchase Products.
Purchase of products
(1) The purchase of products is subject to the terms and conditions applicable at the time.
(2) When you purchase a Product: (i) you are responsible for reading the item description in full before making a binding purchase, and (ii) the completion of an order on the Site (by completing a checkout process using the "Checkout" or similar button) may constitute a legally binding contract for the purchase of that Product, unless these Terms provide otherwise.
(3) You can select products from our product selection and place them in your shopping cart by clicking on the corresponding button. Our prices are listed on the site. We reserve the right to change our prices at any time and to correct any unintentional pricing errors. These changes will not affect the price of products you have previously purchased. When paying, you will see an overview of all the products you have placed in your shopping cart. This overview includes the essential characteristics of each product as well as the total price for all products, the applicable sales tax (VAT) and, if applicable, the shipping costs. On the payment page, you also have the option to review the products and quantities and, if necessary, change, remove, or correct them. You can also use the edit function to identify and correct any input errors before placing your final, binding order. All stated delivery times apply from the receipt of your payment of the purchase price. By clicking the "Order with payment" button, you place a binding order to purchase the listed products at the stated price and with the stated shipping costs. Before completing the order process by clicking the "Order with payment" button, you must first accept these terms and conditions as legally binding for your order by clicking the corresponding checkbox.
(4) We will then send you an order confirmation by email, which details your order once again. You can then print or save it using the appropriate function. Please note that this is an automatic notification that only confirms that we have received your order. It does not indicate that we have accepted your order.
(5) The legally binding agreement for the purchase of the products is only concluded when we send you a notification of availability in addition to the automated order confirmation, or when we ship the products to you. We reserve the right to refuse your order.
(6) The purchase contract can be concluded in German. After conclusion of the contract, the terms and conditions will be retained by us; you will no longer have access to them.
Right of withdrawal and refund
(1) If you purchase one or more products through the Site or the Services that are shipped in one delivery, the instructions on the right of withdrawal in Appendix 1 to these Terms and Conditions apply.
(2) If you purchase one or more products through the Site or the Services that are shipped in installments, the instructions on the right of withdrawal in Appendix 2 to these Terms will apply.
(3) If you purchase one or more products through the Site or the Services that consist of digital content that is not supplied on a physical medium (e.g. CDs or DVDs), the instructions on the right of withdrawal in Appendix 3 to these Terms apply.
(4) To exercise your right of withdrawal, you may use the withdrawal form included in Appendix 4 to these Terms and Conditions. However, this is not mandatory.
Warranty for products
We are liable for defects in quality and/or title of the products you purchase from us in accordance with the statutory warranty provisions.
Storage of online payment details
You can save a preferred payment method for future use. If you do, we will store these payment details in accordance with applicable industry standards, if any (e.g., PCI, DSS). You can identify your stored card by its last four digits.
Vouchers, gift cards and other offers
From time to time, vouchers, gift cards, discounts, and other offers ("Offers") are available for our products. Such Offers are valid only for the period specified in the Offer. Offers may not be transferred, modified, sold, exchanged, reproduced, or distributed without our express written permission.
Permitted use
(1) Our Services are provided to you for informational purposes and for your personal, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.
(2) Unless expressly permitted by these Terms, you must not: (i) use our Services in any unlawful or fraudulent manner (including infringing the rights of third parties) or for any purpose to collect personal information or impersonate other users; (ii) alter or use any of our copyright, trademark, or other proprietary notices or interfere with the security-related features of our Services; (iii) use our Services in any way to manipulate or falsify any content, or undermine the integrity and accuracy of any content, or take any action to interfere with, damage, or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, or download any material that does not comply with our content standards; (v) use our Services to transmit, or facilitate the transmission of, any unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or other malicious programs or similar computer code designed to adversely affect the operation of any computer software or hardware; (vii) use any robot, spider, other automatic device, or manual process to monitor/copy our or other sites or the content contained in our Services, or use any network monitoring software to determine the architecture of our Services or to extract usage data from our Services; (viii) engage in any conduct that restricts or inhibits any other user from using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity without our prior written consent. You agree to fully cooperate with us in the investigation of any activity that allegedly or actually violates these Terms.
Intellectual property rights
(1) Our Services and related content (and any derivative works or improvements thereof), including without limitation all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, brand names, trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively, "Our Intellectual Property Rights"), and nothing in these Terms grants you any rights in or to any of Our Intellectual Property Rights. Except as expressly set forth herein or required by mandatory law governing your use of the Services, you do not acquire any right, title, or interest in or to Our Intellectual Property Rights. All rights not expressly granted in these Terms are expressly reserved.
(2) If the Products include digital content, such as music or videos, you are granted the rights as set forth on the Site with respect to such content.
Disclaimer of Warranties for Use of the Site and Services
The Services, our intellectual property rights, and all information, materials, and content provided in connection therewith and made available to users free of charge are provided "as is" and "as available" without warranties of any kind, express or implied (including warranties of fitness for a particular purpose or warranties regarding the security, reliability, timeliness, accuracy, and performance of our Services, among others) - except in cases of malicious non-disclosure of defects. We do not guarantee that free Services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance, or updates. This does not affect the warranty for products you purchase from us as set forth in the "Product Warranty" section above.
exemption
You agree to defend, indemnify, and hold us harmless from and against all actual or alleged claims, damages, costs, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) arising out of or related to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the restrictions and requirements set forth in the "Permitted Use" section, unless such circumstances are not due to your fault.
Limitation of liability
(1) We are only liable in cases of intent, gross negligence, negligent injury to life, limb, or health, or slightly negligent breach of a material contractual obligation, and only in the case of paid services or the sale of products. A "material contractual obligation" means an obligation whose fulfillment is a basic prerequisite for the proper implementation of the agreement and on which you normally and reasonably can rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of customary and foreseeable damages for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly provided a guarantee remains unaffected.
(2) The above provisions apply to our contractual (including liability for wasted expenditure) and non-contractual liability (including liability for tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They also apply to the benefit of our managing directors, senior executives, or other legal representatives, employees, and vicarious agents.
Change of Terms and Services; Termination
We reserve the right to change these Terms from time to time at our sole discretion to reflect changes in the law, additional features we may introduce, or as we otherwise develop our business. Therefore, you should review these Terms regularly, and in any event during the checkout process when you purchase products. The new Terms will apply to any new order you place after the effective date of the new Terms. If any ongoing services you use are affected by the changes to the Terms, we will do so with due regard to your legitimate interests. We will provide you with reasonable advance notice of any such changes. You will be deemed to have accepted the changes if you do not object to them within two months of such notice. We will indicate this in our notice. If you object to the changes, we have a special right of termination—without further obligations to you—effective from the effective date of the changes.
We may change the Services, discontinue the provision of the Services or one or more features of the Services offered, or restrict the Services. We may terminate or suspend access to the Services themselves, permanently or temporarily, without giving reasons and without further obligation. We will notify you in advance, where possible under the circumstances, and we will appropriately consider your legitimate interests in taking such measures.
Links to third-party websites
The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for any transmissions received from any linked site. Links to third-party sites are provided for information purposes only. The fact that we have included links to other sites does not imply our endorsement of their owners or their content.
Applicable law
(1) These Terms and Conditions shall be governed by and construed in accordance with the laws of the [Federal Republic of Germany] (without regard to its conflict of law provisions).
(2) The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.
MISCELLANEOUS
(1) A waiver by either party of any breach or default under these Terms shall not constitute a waiver of any preceding or subsequent breach or default.
(2) The headings used in these Terms and Conditions are for convenience only and have no legal significance.
(3) Unless expressly stated otherwise, if any part of these Terms and Conditions is held to be illegal or unenforceable for any reason, it is agreed that that part of the Terms and Conditions shall be deleted and the remaining Terms and Conditions shall remain unaffected and in full force and effect.
(4) You may not assign your agreement with us under these Terms and Conditions or all or part of your contractual rights or obligations without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us relating to the Services and the sale of Products.
(6) The provisions of these Terms which, by their nature, are intended to survive any such action by us shall survive, including, without limitation, provisions relating to indemnities, indemnities, exclusions of liability, limitations of liability and this Miscellaneous Section.
contact
To contact us, please send an email to:
Delicious Surf
David Krechberger
Oskar-Jäger Straße 145a
50825 Cologne