AGB
GENERAL TERMS AND CONDITIONS OF
stokedripper.com
Welcome to Stoked Ripper!
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as "Terms and Conditions") govern the sale of products by Stoked Ripper Surfboards (hereinafter referred to as "Supplier") to you, in the version valid at the time of the order.
(2) Deviating general terms and conditions of the customer are rejected.
(3) Please read these terms and conditions carefully before placing an order with Stoked Ripper Surfboards. By placing an order with Stoked Ripper Surfboards, you agree to the application of these terms and conditions of sale to your order.
(4) On Stoked Ripper we offer the sale of the following products:
Streetwear, Surfboards
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in the German language.
(2) The offers are directed exclusively to end customers with an invoice and delivery address in:
worldwide.
In the case of individual bulky goods, the possible delivery addresses as well as the place of delivery may be limited; the limitation is shown in the respective list price.
(3) The orderer must be at least 18 years of age.
(4) The presentation of the goods in the online store does not constitute a legally effective offer. By presenting the goods, the customer is merely requested to make an offer.
(5) Your order represents an offer to Stoked Ripper to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there and clicks the button "order subject to payment" in the last ordering step.
(6) The purchase contract between the Supplier and the Customer shall only come into existence through a declaration of acceptance by the Supplier. This takes place at the earlier of the two dates, either sending of the goods or sending of a shipping confirmation by e-mail. Please note that the confirmation of the receipt of your order does not represent a declaration of acceptance in the aforementioned sense.
(7) The effectiveness of contracts for larger than household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the offerer. This refers both to the number of the ordered products in the context of an order and to the task of several orders of the same product, with which the individual orders cover a household usual quantity.
(8) Your orders will be stored by us after conclusion of the contract. Should you lose your documents relating to your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you in the dispatch confirmation for each delivery whether an electronic invoice is available. For more information about electronic invoices, please visit our website.
§ 3 Prices and shipping costs
(1) Our prices include the statutory value added tax applicable at the time and do not include a flat-rate shipping charge or shipping surcharge. The shipping surcharges vary depending on the type of delivery and the nature of the article.
(2) Despite our best efforts, a small number of the products in our catalog may be marked with the wrong price. We check the prices when we process your order and before we charge the payment. If a product is labeled with an incorrect price and the correct price is higher than the price on the website, we will contact you before shipping the product to ask if you want to buy the product at the correct price or cancel the order. If the correct price of a product is lower than the price indicated by us, we will charge the lower amount and send you the product.
(3) The prices at the time of the order apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
§ 4 Delivery and cancellation
(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. On the website you will find information about the availability of products sold by Stoked Ripper (e.g. on the respective product detail page). We would like to point out that all information regarding availability, shipping or delivery of a product are only approximate indications and approximate guidelines. They do not represent any binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.
(2) If Stoked Ripper determines during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by message in your customer account. The legal claims of the customer remain unaffected.
(3) If a delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer cannot be found at the delivery address provided by him, although the delivery date was announced to the customer with a reasonable period of notice, the customer shall bear the costs for the unsuccessful delivery.
(4) Delivery shall be made according to the customer's method of payment. In the case of advance payment, delivery shall take place after the payment order has been issued to the remitting bank. In the case of payment by Paypal, credit card, gift card, direct debit, immediate bank transfer or invoice, the delivery will be made after the conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate sales contract is concluded between us for each shipping confirmation for the products listed in the respective shipping confirmation. Contract partner is Stoked Ripper Surfboards. Notwithstanding your right of cancellation, you may cancel your order for a product at any time, free of charge, prior to receiving the associated Shipping Confirmation.
§ 5 Customs
(1) If you order products from Stoked Ripper for delivery outside of the European Union, you may be subject to import duties and taxes which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary greatly from country to country, so you should contact your local customs office for more information.
(2) Please also note that when ordering from Stoked Ripper, you are considered the importer and must comply with all laws and regulations of the country where you receive the products. The protection of your data is important to us and we would like to draw the attention of our international customers to the fact that cross-border deliveries are subject to opening and investigation by customs authorities. For more information, please read our customs information.
§ 6 Payment
(1) The customer can pay for the goods by the following payment methods:
- Paypal
- credit card
- Gift card
- direct debit:
In the case of a return debit note for which the customer is responsible, Stoked Ripper Surfboards will charge a flat rate compensation of 6,50 € (six Euro and fifty Cent). The orderer can prove that no damage at all has occurred or that the damage is considerably lower than the lump sum. The above provisions apply accordingly to payments of the purchase price of goods sold by third parties.
(2) Certain methods of payment may be excluded by the supplier in individual cases.
(3) The customer is not permitted to pay for the goods by sending cash or cheques.
(4) If the Customer chooses an online payment method, the Customer authorizes the Supplier to collect the amounts due at the time of the order.
(5) If the Supplier offers payment in advance and the Customer chooses this method of payment, the Customer shall transfer the invoice amount to the Supplier's account within five calendar days of receipt of the order. The supplier reserves the goods accordingly for five calendar days.
(6) If the Supplier offers payment by credit card and the Customer chooses this method of payment, the Customer expressly authorizes the Supplier to collect the amounts due after dispatch of the partial deliveries or delivery of goods.
(7) If the Supplier offers payment by direct debit and the Customer chooses this method of payment, the Customer shall issue the Supplier with a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank account data, the Customer shall bear the costs for this.
(8) If the Supplier offers payment in advance and the Customer chooses this method of payment, the Customer undertakes to pay the invoice amount within 14 days after dispatch of the goods, without any deduction of discount.
(9) Should the customer be in arrears with payment, the supplier reserves the right to claim damages for delay.
§ 7 Set-off and right of retention
(1) The customer shall only be entitled to offsetting if the customer's counterclaim has been legally established or is not disputed by the supplier.
(2) The orderer can exercise a right of lien only, as far as your counterclaim is based on the same contractual relation.
§ 8 retention of title
Stoked Ripper Surfboards retains ownership of the goods until full payment has been received.
§ 9 Damage in transit
(1) Should the customer receive the goods with obvious transport damages, the supplier will ask him to complain about these as soon as possible.
(2) Should the customer fail to lodge a complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.
§ 10 Right to claim for defects
(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: According to these, purchasers in the European Union have, in addition to their 30-day return guarantee, warranty rights for a period of two years from the delivery of the goods and can demand the repair or replacement of the products purchased on Stoked Ripper if they turn out to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction in the purchase price.
(2) In case of used goods, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, the defect will be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the period of limitation shall be one year. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted which are based on compensation for damage to body and health or on intent or gross negligence.
§ 11 Limitation of liability (products)
(1) The provider is liable for claims for damages of the customer from the injury of life, body, health or from the violation of essential contractual obligations, as well as for other damages, which are based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the provider.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the goal of the contract.
(3) The provider is liable for breaches of essential contractual obligations based on contract-typical, foreseeable damages, provided the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer which are based on injury to life, body or health.
(4) The provisions of the Product Liability Act shall remain unaffected.
(5) Insofar as the liability of Stoked Ripper is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 12 Revocation instruction
(1) If the customer is a consumer, he has a right of revocation in accordance with the following provisions:
(2) Right of revocation
You have the right to cancel this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a uniform order or the delivery of a goods in several partial shipments or pieces) without giving reasons to revoke.
In order to exercise your right of revocation, you must give us:
Stoked Ripper Surfboards
Bergerwaldstr. 39a, 81825 Munich
e-mail: stokedrippersurfboards@gmx.de
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the sample revocation form on our website or send us another clear statement. If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period and that you have returned the goods via our online return center within the period defined below.
(3) Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return the goods without delay and in any event no later than 14 days from the date on which you notify us of the cancellation of this agreement to
Stoked Ripper Surfboards
Bergerwaldstr. 39a, 81825 Munich
to return or hand over. The deadline is met if you send the goods before the end of the 14-day period. You bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary for testing the nature, properties and functioning of the goods.
The right of revocation does not exist or expires with the following contracts:
for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;
for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;
for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
for services, if Stoked Ripper has provided these in full and you have taken note of and expressly agreed before ordering that we can begin to provide the service and you lose your right of withdrawal if the contract is fulfilled in full;
for the delivery of newspapers, journals or magazines, with the exception of subscription contracts; and
for the delivery of alcoholic beverages, the price of which was agreed when the purchase contract was concluded, but the delivery of which can only be made after 30 days and the current value of which depends on fluctuations in the market, over which the entrepreneur has no influence.
§ 13 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
(2) The right of withdrawal expires prematurely for contracts
for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;
for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
§ 14 Data protection
(1) Should personal data (e.g. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. In this respect, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, provided the provider has given the persons concerned prior written consent.
(4) You have the right at any time to receive information from Stoked Ripper about the data stock concerning you completely and free of charge.
(5) Furthermore, the user has the right to rectification/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 15 Cookies
(1) For the display of the product offer it can happen that we use cookies. Cookies are small text files that are stored locally in the cache of the visitor's Internet browser.
(2) Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identification of the cookie. It consists of a string of characters which can be used to assign Internet pages and servers to the specific Internet browser in which the cookie was stored. This enables the Internet pages and servers visited to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified by the unique cookie ID.
(3) The use of cookies can provide users of this website with more user-friendly services that would not be possible without the setting of cookies.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system during your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for this purpose a banner is available to you which you can object to/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard disk or cookies already stored are deleted. Instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 16 Place of jurisdiction and applicable law
(1) Any differences of opinion and disputes arising from this contract shall be governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the supplier.
§ 17 Final provisions
(1) Contract language is German.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use Stoked Ripper only with the involvement of a parent or guardian.
(3) If you violate these terms and conditions and we do not take any action against it, we will still be entitled to exercise our rights on any other occasion in which you violate these terms and conditions of sale.
(4) We reserve the right to make changes to our website, rules, conditions including these Terms and Conditions at any time. Your order shall be subject to the terms and conditions of sale, contract terms and conditions in force at the time of your order, unless a change to these terms and conditions is required by law or governmental order (in which case they shall also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should such a case occur, the provision shall be replaced by another legally admissible provision that corresponds to the meaning and purpose of the invalid provision.