General Terms and Conditions of NG-Innovations GbR
§ 1. Fundamental rules
- The seller’s terms and conditions stated here apply to all contracts, which the customer enters into with the seller (NG-Innovations GbR) in relation to goods and/or services offered in the seller’s online shop (padics-kiteboarding.de). Herewith is the consideration of the customer’s own terms and conditions ruled out, unless agreed otherwise.
- For the purposes of the following contract provisions, a consumer is any natural person, who concludes a legal transaction for purposes which can be primarily attributed neither to commercial nor to independent professional activity. An entrepreneur is any natural or legal person or legal partnership, which through entering into a legal transaction, exercises its independent professional or commercial activity.
§ 2. Conclusion of the contract
The following regulations on the conclusion of the contract apply to orders via our internet shop http://www.padics-kiteboarding.de
In the event of a conclusion of a contract, the contract shall become effective with
Fabian Gärtner, Carl-Christoffer Neumann
VAT ID: DE297092589
- The subject of the contract is the sale of goods.
- The product descriptions contained in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
- The customer can submit a binding purchase offer (order) via the online shopping cart system. After entering his personal data, the customer submits a legally binding contract offer in relation to the goods or services contained in the shopping cart by clicking on the button concluding the order process (“Buy Now”).
- The customer has two payment options available, prepayment with bank transfer and “Paypal”. By choosing to pay through “PayPal”, the customer is redirected to the PayPal log-in page. After successful log-in, your PayPal address and account information will be displayed. After entry of all of the data, the customer is finally returned to the shop. When paying in advance, the customer will receive an invoice stating our bank details after the order. The amount has to be paid in advance. Upon receipt of the amount, the goods will be shipped to the customer.
- After the purchase, the customer receives an order confirmation, which is automatically sent to his email address.
- Your inquiries in relation to the preparation of an offer are not legally binding. We will make you a binding offer in writing (for example by e-mail), which you can accept within 5 days.
- Order processing and transmission of all information required in relation to the conclusion of the contract takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided for processing the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
- If after two delivery attempts we do not receive the submitted declaration of intent, the contract is not concluded.
§ 3. Manufacture according to customer specifications
Pads of a kiteboard binding, which are manufactured to customer specifications are made under the name “Custom Line”. For this purpose, we send the customer a footprint- box in which he leaves his personal footprint. After returning the footprint box to us, the pads of the kiteboard binding will be manufactured.
- To manufacture the Kiteboard binding pads according to customer specifications, the customer provides the required information in the form of his personal footprint in the footprint box sent by us within 2-5 working days for deliveries in Germany, and within 7-10 working days for international deliveries.
- Our guidelines for the correct procedure when leaving the footprint in the footprint box are to be observed. For instructions, please see the FAQs “Custom Line/ How does the order work?”.
- We do not check the received footprint for correctness of the imprint procedure and take no liability for mistakes made during the imprint procedure. If we find any errors in the footprint sent to us, we will contact the customer prior to making the kiteboard binding pads.
- All shipping costs accrued in relation to the Footprint Box will be borne by the seller within Germany. In the case of international shipments, shipping costs are incurred by the customer; these costs are visible to the customer during the order process. If the imprint has not been created to our specifications and the submitted imprint does not contain enough information to produce the kiteboard binding pads, the customer will be responsible for the costs of re-delivery and return of the footprint.
- According to §312 g para. 2 no. 1 BGB, there is no right of withdrawal for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
§ 4. Right of retention
- Right of retention can only be exercised if it concerns claims from the same contractual relationship acc. to 320 BGB.
- The seller reserves the right of ownership of the delivered goods to consumers until the purchase price has been paid in full.
- In relation to entrepreneurs, the seller retains ownership of the delivered goods until full settlement of all claims arising from an ongoing business relationship.
§ 5. Liability for defects
- If there is a defect in the purchased item, statutory rights apply.
- For all defects occurring during the statutory warranty period of two years from delivery, the customer has the right to rectification (at the customer’s discretion: rectification of defects or new delivery) and – if the legal prerequisites are met – the rights of reduction or withdrawal as well as damages.
- We strive to constantly improve the quality and design of our goods and our website. Should problems other than those described occur, we will endeavour to eliminate them as soon as possible for you, as we want to provide the best service to our customers.
§ 6. Liability
- We are liable, according to the legal provisions, for damages for breaches of duty (intentional or those resulting from gross negligence), also for intentional or grossly negligent breaches of duty of our legal representatives or vicarious agents, as well as in case of impossibility and in case of substantial breaches of duty.
- We are liable according to the legal provisions, if we culpably violate essential contractual obligations.
- In the event of the loss of life, physical injury and damage to health by us, our legal representatives or vicarious agents, we are liable according to the legal provisions. The same applies insofar as we have assumed the guarantee for the quality of our goods or the existence of a service performance or a procurement risk and in the case of liability under the Product Liability Act.
- Unless otherwise stipulated above, we are not liable. In cases other than the above regulated claims of the customer against us, our representatives and our vicarious agents are not liable.
§ 7. Place of performance, jurisdiction and choice of law
- German law applies. For consumers, this choice of law applies only insofar as this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (favourability principle).
- The place of fulfilment for all services arising from our existing business relationships as well as place of jurisdiction is our registered office, as far as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your domicile or habitual residence is not known at the time the complaint is filed. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.
- The provisions of the UN Sales Convention explicitly do not apply.