Terms of service

General Terms and Conditions

1. Scope and provider

1.1 These General Terms and Conditions apply to all contracts between [Company name and legal form], [Street and number, postcode, city], Germany ("RaceCraft", "we") and our customers for the purchase of surf skis, kayaks, outriggers, paddles and accessories in our online shop.

1.2 A consumer is any natural person who concludes a contract for purposes that are mainly outside their trade, business or profession (section 13 German Civil Code, BGB). A business customer is any natural or legal person or partnership with legal capacity who acts in the exercise of their trade, business or profession when concluding the contract (section 14 BGB).

1.3 Terms of the customer that differ from these terms do not apply unless we expressly agree to them.

2. Conclusion of contract

2.1 The presentation of products in our online shop is not a binding offer, but an invitation to the customer to make an offer.

2.2 The customer selects the product, where applicable the construction and other options, and puts it in the shopping cart. During checkout the customer can check and change the details before sending. By clicking the button "Order with obligation to pay" (in German "Zahlungspflichtig bestellen") the customer makes a binding offer to buy the goods in the cart.

2.3 We confirm receipt of the order by email without delay (confirmation of receipt). This confirmation is not yet an acceptance of the offer. The contract is concluded when we accept the order by an order confirmation by email or by delivering the goods.

2.4 The contract languages are German and English. We store the contract text and send the customer the order details and these terms by email. The terms can be viewed in our online shop at any time.

3. Boats in stock and pre-orders

3.1 In stock: Boats that are already in our warehouse in Rosenheim are marked as "in stock".

3.2 Pre-order: Boats that are not in stock can be pre-ordered. They are manufactured for the customer or for the respective container and imported by sea freight from South Africa to Rosenheim. The details and the expected timeline are described on the page "How pre-orders work".

3.3 Delivery dates for pre-orders are expected dates, because manufacturing, customs and sea freight are not entirely in our hands. Delivery dates are only binding if we expressly confirm them as binding. In the event of significant delays we inform the customer without delay.

3.4 Weight of the boats: The weights stated for our boats are approximate typical weights (marked “+/-”). The boats are hand-made in a wet lay-up process.
3.5 A deviation of up to 1 kg for single boats and up to 2 kg for double boats from the stated weight is within normal manufacturing tolerance. It is not a defect and does not give a right to reject the boat, to a price reduction, or to compensation.
3.6 A weight is a guaranteed property of the boat only if we have confirmed it to the customer in writing before the order.
3.7 The customer’s statutory rights, including the right of withdrawal and the rights for defects, are not affected where the deviation is larger than stated in section 3.5.

4. Prices and payment

4.1 All prices are total prices including statutory VAT. Delivery costs may be added (see section 5).

4.2 Boats in stock must be paid in full before delivery.

4.3 For pre-orders, a deposit of 50% of the purchase price is due when ordering. The balance is due on delivery of the boat, at the latest on handover.

4.4 The available payment methods are shown during checkout: [payment methods, e.g. credit card, PayPal, bank transfer – add after setup].

4.5 If the customer is in default of payment, the statutory rules apply.

5. Delivery and delivery costs

5.1 Delivery is by freight forwarder. Within 100 km of Rosenheim we deliver free of charge to your door. Between 100 km and 1,000 km from Rosenheim, delivery costs EUR 150 per boat. For greater distances we agree a pickup point with the customer. [Add delivery countries and costs for deliveries abroad]

5.2 We usually deliver boats in stock on the weekend after the order. Pre-ordered boats are delivered once the container has arrived in Rosenheim and the boat has been checked.

5.3 For consumers, the risk of accidental loss or deterioration of the goods passes to the customer only when the goods are handed over to the customer. For business customers, the risk passes on handover to the carrier.

5.4 We ask the customer to check the goods for transport damage on delivery and to report obvious damage to the forwarder and to us immediately. This does not limit the customer's statutory rights.

6. Retention of title

The delivered goods remain our property until paid in full.

7. Right of withdrawal and cancellation

7.1 Consumers have a statutory right of withdrawal. The details are set out in our information on the right of withdrawal. A deposit that has already been paid will be refunded if the customer withdraws.

7.2 Business customers have no statutory right of withdrawal. For pre-orders, business customers can cancel the contract within 7 days of ordering without giving a reason and receive their deposit back. After that, cancellation is excluded. [Confirm the business customer rule with legal advice]

8. Warranty for defects

8.1 The statutory warranty rights apply. For consumers, claims for defects expire two years after delivery of the goods.

8.2 For business customers, claims for defects expire one year after delivery of the goods. This does not apply to claims for damages where the limitations of liability in section 9 do not apply.

8.3 Manufacturer guarantees exist only if they have been expressly promised. They do not affect the statutory warranty rights.

9. Liability

9.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, and where we have given a guarantee.

9.2 In the case of slightly negligent breach of an essential contractual obligation (an obligation whose fulfilment is necessary for the proper performance of the contract and on which the customer can regularly rely), liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.

10. Safety notice

Paddling on the water involves risks. The customer is responsible for using suitable buoyancy aids and safety equipment and for judging the boat, their own skills and the conditions correctly.

11. Data protection

Information on the processing of personal data can be found in our privacy policy.

12. Dispute resolution

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (section 36 VSBG).

13. Final provisions

13.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not remove the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.

13.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, our registered office is the place of jurisdiction.

13.3 If individual provisions of these terms are invalid, the validity of the remaining provisions is not affected.

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