Terms and Conditions

General Terms and Conditions Razzo Bootscenter

§ 1 Scope of application

These General Terms and Conditions apply to the purchase of consumer goods. Consumer goods purchases are contracts through which a consumer purchases a movable item from a business. A contract that, in addition to the sale of a movable item, also involves the provision of a service by the business is also considered a consumer goods purchase. They also apply to contracts for work and services to which § 651 BGB (German Civil Code) applies.

§ 2 Data protection

The personal data collected from the buyer will be used for the purpose of contract processing and handling the buyer's inquiries. The data will only be processed and used for the purposes of consulting, advertising, and market research with the express consent of the buyer.

§ 3 Conclusion of contract

(1) Both parties are bound by binding offers for a period of two weeks. A contract is concluded when the other party accepts a contract offer. A contract is also concluded when the seller executes a delivery based on the buyer's order.

(2) The buyer may only transfer rights and obligations arising from the contract, including claims arising from liability for material defects, to third parties with the seller's written consent.

(3) The seller or its supplier has copyright to the drawings and documents provided to the buyer.

(4) The buyer may not declare WasserSportCenter Hopp to be in default before the expiry of three months from the agreed delivery date. Any claims for damages are excluded.

§ 4 Obligations of the seller

(1) The manufacturer reserves the right to make changes to the design and form of the item sold, deviations in color, and changes to the scope of delivery during the delivery period, provided that the changes or deviations are reasonable for the buyer, taking into account the interests of the seller.

(2) Delivery periods begin with the conclusion of the contract. If a time for delivery is neither specified nor can be inferred from the circumstances, the buyer can only demand immediate delivery of the purchased item. In this case, the seller must hand over the purchased item to the buyer no later than 30 days after conclusion of the contract. If subsequent changes to the contract are agreed, the delivery periods shall be extended by the same period between the conclusion of the contract and the change to the contract, unless the parties have agreed otherwise.

(3) When agreeing on a non-binding delivery date or a non-binding delivery period, and in the absence of a corresponding agreement, the seller shall only be in default of its delivery obligation if it has been reminded by the buyer. If a binding delivery date or a binding delivery period is exceeded, the seller shall be in default simply by exceeding the date or period.

(4) Force majeure or an operational disruption occurring at the seller's or its suppliers' premises, e.g., due to riots, strikes, lockouts, which temporarily prevent the seller, through no fault of its own, from delivering the purchased item on the agreed date or within the agreed period, shall change the agreed dates and periods once by the duration of the disruption caused by this circumstance. If a disruption to performance leads to a delay in performance of more than four months, the buyer may withdraw from the contract. In this case, the buyer is not required to set a grace period in advance. The seller may only invoke the aforementioned circumstances if it notifies the buyer immediately of the unavailability. Other rights of withdrawal remain unaffected.

(5) In the event of default on the part of the seller, the buyer may demand compensation for damages caused by the delay. In the event of slight negligence on the part of the seller or its vicarious agents, the claim shall be limited to a maximum of 5% of the purchase price. The limitation of liability shall not apply to damages resulting from injury to life, limb, or health.

(6) If the buyer also wishes to withdraw from the contract and/or claim damages in lieu of performance, they must set the seller a reasonable grace period for delivery. The setting of a deadline by the buyer is dispensable under the conditions specified in § 323 (2) and § 281 (2) BGB.

§ 5 Shipping

(1) If delivery is not to take place at the statutory place of performance, this must be expressly agreed in addition. The buyer shall bear the transport costs if the purchased item is shipped to a location other than the statutory place of performance. Packaging costs shall only be charged if the goods to be transported require packaging or, where applicable, seaworthy packaging for safe transport, or if the buyer so requests. The costs of transport insurance, loading and transfer, as well as any agreed ancillary services, shall be borne by the buyer. If the buyer does not expressly specify the route of transport, shipping or type of packaging, the seller shall be entitled to take the necessary measures, taking into account the presumed interests of the buyer.

(2) The risk shall pass to the buyer upon delivery of the purchased item to the buyer. Beyond this, the risk of accidental loss and accidental deterioration shall only pass to the buyer if the buyer has commissioned the forwarding agent, the carrier or any other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the buyer.

§ 6 Obligations of the buyer

(1) Unless otherwise agreed, the buyer shall pay the agreed purchase price at the time of delivery of the purchased item. Payments shall be made free of charge. Payment shall only be deemed to have been made once the amount has been credited to the seller's account. Checks or bills of exchange shall only be accepted on account of payment by special agreement. The buyer may only offset claims of the seller if the buyer's counterclaim is undisputed or recognized or if a legally binding title exists; the buyer may only assert a right of retention if it is based on claims arising from the contract. If the buyer fails to pay after receiving a reminder from the seller after the due date, the buyer shall be in default as a result of the reminder. The buyer shall also be in default if they do not pay within 14 days of the due date and receipt of an invoice, provided that these legal consequences are expressly noted on the invoice. The buyer shall not be in default as long as payment is not made due to circumstances for which they are not responsible.

§ 7 Acceptance

(1) The buyer has the right to inspect the purchased item within 8 days of receiving notification of its readiness for collection at the agreed place of delivery. The buyer is obliged to accept the goods free of defects within the aforementioned period and, unless otherwise agreed, to pay the agreed purchase price. If the goods are driven by the buyer or their representative during a test drive prior to acceptance, the buyer shall be liable for any damage caused to the goods.

(2) In the event of non-acceptance, the seller is entitled to the statutory rights. If the seller demands compensation for non-performance, this shall amount to 20% of the agreed purchase price. The buyer is entitled to prove that the seller has not incurred any damage or has incurred significantly less damage. The seller is entitled to prove that higher damage has been incurred.

§ 8 Liability for material defects

(1) If the purchased item is defective, the buyer may, at their discretion, first demand subsequent performance in the form of repair or replacement. The seller will first endeavor to remedy the defect and offer this to the buyer. The seller may refuse the type of subsequent performance chosen by the buyer if it is only possible at disproportionate cost. In particular, the value of the purchased item in a defect-free condition, the significance of the defect, and the question of whether the other type of subsequent performance could be resorted to without significant disadvantages for the buyer must be taken into account.

(2) The parts replaced by subsequent performance become the property of the seller. Claims by the buyer due to material defects expire in 2 years for new purchased items and new ships, and in 1 year for used purchased items and used ships, calculated from the date of delivery in each case. If the seller has given a guarantee or fraudulently concealed a defect, the limitation period shall not apply. The limitation period shall not apply to claims for damages arising from liability for material defects based on an intentional or grossly negligent breach of duty by the seller, a legal representative or vicarious agent of the seller. Furthermore, the limitation period restriction shall not apply to damages resulting from injury to life, limb, or health based on an intentional or negligent breach of duty by the seller, a legal representative, or an agent of the seller.

§ 9 Retention of title

(1) The seller retains ownership of all purchased items delivered by him until the purchase price has been paid in full.

(2) The seller may demand the return of the purchased item if he has withdrawn from the purchase contract.

(3) The buyer shall bear the costs of taking back and selling the purchased item. The costs of sale shall amount to 5% of the proceeds of sale without proof. The buyer is entitled to prove that no costs of sale or significantly lower costs of sale have been incurred. The seller is entitled to prove that higher costs of sale have been incurred.

(4) The buyer is obliged to notify the seller immediately of any access by third parties to the purchased item delivered under retention of title, e.g., seizures, the exercise of a workshop's entrepreneurial lien. He must inform the bailiff or other third parties of the seller's right of ownership and notify the seller of this in writing by sending the pledge protocol. The buyer shall bear all costs incurred in lifting a lien and recovering the purchased item and shall compensate the seller for all damage caused to the purchased item by the seizure, unless the costs and damages can be recovered from third parties.

(5) As long as the retention of title exists, any sale, pledge, transfer by way of security, or rental of the purchased item, as well as any change in its regular location, is only permitted with the prior written consent of the seller.

(6) The buyer is obliged to keep the purchased item in proper condition for the duration of the retention of title and to have all scheduled maintenance work and necessary repairs carried out without delay – except in emergencies – by the seller or a workshop designated by the seller.

§ 10 Liability

(1) The seller shall be liable to a limited extent for damage caused by slight negligence. The seller shall only be liable in the event of a breach of essential contractual obligations, such as those which the purchase contract specifically imposes on the seller according to its content and purpose, or the fulfillment of which is essential for the proper execution of the purchase contract and on the observance of which the buyer regularly relies and may rely. In the event of slightly negligent breaches of duty, the seller's liability shall be limited to the average damage that is foreseeable, typical for the contract and direct, depending on the type of goods. This shall also apply to slightly negligent breaches of duty by the seller's legal representatives or vicarious agents. The same shall also apply to damage caused by a material defect.

(2) The limitations and exclusions of liability do not apply to claims arising from a guarantee assumed by the seller or a defect fraudulently concealed by the seller. Furthermore, they do not apply to claims based on an intentional or grossly negligent breach of duty by the seller, a legal representative or a vicarious agent, or to damages resulting from injury to life, limb or health based on an intentional or negligent breach of duty by the seller, a legal representative or a vicarious agent. The limitations or exclusions also do not apply to claims under the Product Liability Act.

(3) The seller's liability for compensation for damage caused by delay in delivery is conclusively regulated in § 4 (5) of these General Terms and Conditions, with the exception of compensation in lieu of performance.

(4) Insofar as the Seller's liability is excluded or limited, this also applies to the personal liability of the Seller's employees, workers, representatives, and vicarious agents.

§ 11 Ancillary agreements / Severability clause

Should any provision of the contract be invalid, the remaining provisions shall remain valid. Verbal agreements must be confirmed in writing. Information is provided to the best of our knowledge, but without guarantee. The headings are for convenience only and have no material significance, in particular they do not constitute a final provision. Any invalid provisions must be reinterpreted in such a way that their purpose can be fulfilled in an effective manner.

§12 Place of jurisdiction

The place of performance for this contract and the place of jurisdiction is Düsseldorf; the statutory provisions apply. German law applies. Status: February 22, 2021