General terms and conditions

§1 SCOPE & CONSUMER INFORMATION

Wir führen Deine Bestellung nach unseren zum Zeitpunkt der Bestellung jeweils gültigen AGB aus. Die AGB’s in ihrer aktuellen Fassung stehen Dir auf unserer Website https://www.beachzeitberlin.de/ unter der Rubrik “Allgemeine Geschäftsbeziehungen” zur Verfügung, die Du von dort auch herunterladen und speichern oder ausdrucken kannst Für die gesamte Geschäftsbeziehung gelten ausschließlich unsere “AGB”.
Die deutsche Sprache ist Verhandlungs- und Vertragssprache. Für alle Auslandsgeschäfte gelten ebenfalls ausschließlich die nachstehenden Bedingungen.

You can print or save these terms and conditions. You can download this document as a PDF file and save it on your computer. To open a PDF file you need the program Adobe Acrobat Reader DC, which is available for free download on the Internet(https://get.adobe.com/reader/?loc=de).

Your contract and order data as well as the contract text are stored by us, a direct access is not possible for security reasons. However, you have the option to log in to our homepage via "My user account" with your user name and password, and thus to access and, if necessary, edit your profile, your address, your order history and your wish list. Your personal access data is intended only for you and may not be disclosed to third parties.

Before you click on "buy now" on our homepage, you have the possibility to identify and correct input errors before submitting the contract declaration by clicking on the button "change information".

§2 REGISTRATION USER ACCOUNT

The registration of a user account is only allowed for natural persons and partnerships with unlimited legal capacity as well as legal entities. Minors are not allowed to register. The registration of a legal entity may only be made by a natural person authorized to represent the entity, who must be named.

When completing the registration application, true, accurate, current and complete information must be provided for the data requested in the registration forms. In case of incomplete registration of member accounts, as well as in case of untrustworthy or incorrect information, we reserve the right to refuse the registration of a member, to cancel it immediately or to delete the member account after a reasonable time.

Any interference with our homepage or further use of your user account outside of the use provided for in these GTC is prohibited. In particular, manipulations with the aim to cause damage, to impair the use of our homepage completely or temporarily or to obtain unauthorized payments or other advantages to our disadvantage are prohibited. We will prosecute violations under both civil and criminal law.

In case of a violation of § 2.1 to § 2.3 or a concrete suspicion of such a violation, where there is a risk of damage, we are entitled to block your user account immediately.

We are not obligated to accept your registration or your order. We are not obliged to keep our homepage, your user account or our e-shop permanently available. Already confirmed contracts remain unaffected.

You can delete your account at any time via customer service. Please note our privacy policy and the cookies we use. Our privacy policy and our cookie policy can also be found as a link under Legal on our website https://www.beachzeitberlin.de/.

§3 CONCLUSION OF CONTRACT

Our offers are subject to change and non-binding. The presentation on our websites does not represent a legally binding offer. You can order from us via our homepage (Internet). When ordering via our homepage in the e-shop, you make a binding offer to conclude a purchase contract for the desired goods by clicking the button "buy now".

We are entitled to accept your offer within 5 calendar days by sending a contract confirmation (by mail or e-mail) and by executing the order. If your offer is not accepted by us within 5 calendar days, the offer is considered rejected. No purchase contract is concluded for products that are not listed in the order confirmation.

§4 DELIVERY

We deliver goods in stock within 7-10 business days after conclusion of the contract by DHL or Hermes to you. When paying by Deviating delivery times are named in the context of the item description.

For shipments outside the Federal Republic of Germany and within Europe, delivery regularly takes 5-14 business days if the goods are available. For shipments outside Europe, the delivery time depends on the shipping method (airmail / land / shipping) and the recipient location.

If you order a product that was available according to the item description, and we are not supplied with this product by our suppliers through no fault of our own, we can withdraw from the contract. In this case, we will inform you immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if you do not wish to receive a comparable product, we will immediately refund any payments already made. In this case, you also have the right to withdraw from the contract.

We are entitled to make partial deliveries or provide partial services, insofar as this does not unreasonably affect conflicting interests. If there is a partial delivery, we will of course pay the additional shipping costs. This will not result in any further costs for you.

The delivery time shall be extended appropriately if the delivery is impaired by force majeure. Force majeure shall be deemed to include, in particular, subsequent difficulties in procuring materials, riots, strikes, lock-outs, operational disruptions, fire, natural disasters, transport hindrances, changes in legal regulations, official measures or ordinances or the occurrence of other unforeseeable events which are beyond our control and which, viewed objectively, have not been culpably caused by us. Should one of the above cases occur, we will inform you immediately. If the impediment to performance in the aforementioned cases lasts longer than four weeks, you are entitled to withdraw from the contract. Further claims, in particular for damages, do not exist in this case. This does not apply in cases of intent or gross negligence, in the case of warranties or if liability is mandatory for breach of essential contractual obligations due to simple negligence or in the case of foreseeable damage typical for the contract for legal reasons.

§5 RIGHT OF REVOCATION

Consumers have a statutory right of withdrawal. The relevant instructions and a sample withdrawal form can be found at the end of these e-shop terms and conditions.

§6 PRICES

All prices stated are in euros and include the statutory value-added tax. Postage and shipping costs are added according to the following list under § 7.

§7 SHIPPING COSTS (DOMESTIC AND FOREIGN)

Here you can find all information about return costs and postage and shipping costs for deliveries

Germany (6,00€, 7-10 working days)
Austria (15,00€, 7-10 working days)

Switzerland (15,00€, 7-10 working days)

§8 TERMS OF PAYMENT

The payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment on the invoice is determined according to the calendar, you are already in default by missing the deadline. In case of default, we are entitled to charge interest for the year at a rate of 5 percentage points above the respective base interest rate. In the case of legal transactions in which a consumer is not involved, we reserve the right to charge interest on claims for payment in the event of default at a rate of eight percentage points above the prime rate. We reserve the right to prove and assert a higher damage caused by default, § 288 para. 3, 4 BGB.

We accept payments via PayPal and PayPal Plus, thereby payments by direct debit, credit card and purchase on account are also possible.

Payment via PayPal: You pay the invoice amount via the online provider PayPal. You must register with PayPal or be registered there, then legitimize yourself with your access data and confirm the payment instruction to us (exception: guest access). You will receive further instructions during the ordering process. After the amount has been credited to our account, the goods will be shipped.

All payments are to be made without deduction. A payment shall only be deemed to have been made when we can freely dispose of the amount.

A set-off is excluded, unless the set-off claim is undisputed or legally established or recognized in writing by us. You may only exercise a right of retention insofar as the claims result from the same contractual relationship. Exclusions do not apply if it is a counterclaim arising from a claim in kind entitling to refuse performance, or rights are asserted due to a defect.

§9 WARRANTY & LIABILITY

The warranty is governed by the statutory provisions. In case of complaints we ask for proof of the date of purchase by means of an invoice and sending the claimed item together with a copy of the invoice to Alexander Walkenhorst, Schinkelstr. 12, 45138 Essen. Normal wear and tear of the goods do not justify a warranty claim.

The right to subsequent performance as well as the right to withdraw from the contract or to reduce the purchase price shall be available to you to the extent provided by law.

We do not assume any warranty for damage and defects resulting from improper use, operation and storage, negligent or faulty care and maintenance, overuse or improper repair by an unauthorized service partner.

The warranty period for material defects vis-à-vis entrepreneurs shall be reduced to 1 year, unless there is a case of mandatory liability, as provided for in particular in Section 478 of the German Civil Code (BGB). Claims for damages shall also remain unaffected by the shortened limitation period.

If the customer is an entrepreneur, he shall inspect the services rendered immediately after delivery, insofar as this is feasible in the ordinary course of business, and, if a defect becomes apparent, he shall notify us thereof without delay. If the customer fails to notify us, the service shall be deemed to have been approved, unless the defect was not recognizable during the inspection. If such a defect is discovered later, the notification must be made immediately after discovery; otherwise the performance shall be deemed approved also in view of this defect. The timely dispatch of the notification shall be sufficient to preserve the rights of the customer. The provisions on the obligation to give notice of defects shall not apply if a defect was fraudulently concealed or the customer is a consumer.

Further claims, in particular for consequential harm caused by a defect, are generally excluded. This does not apply in the case of intent, gross negligence or breach of fundamental contractual obligations by us, as well as in the case of injury to life, limb or health. Your legal right to withdraw from the contract remains unaffected. Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you regularly trust and may trust.

The risk of accidental loss and accidental deterioration of the goods in the case of mail order purchases shall pass to you or a recipient selected by you upon delivery of the goods. If you are not a consumer, i.e. if you have not purchased the goods exclusively for private use, the risk of accidental loss and accidental deterioration of the goods shall pass to you upon handover to the shipping person.

We exclude our liability for slightly negligent breaches of duty, insofar as these do not concern essential contractual duties, damages from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents. In the case of damage caused in any other way, we shall be liable in accordance with the statutory provisions in the event of intent and gross negligence, including that of our vicarious agents. The same applies to negligently caused damage resulting from injury to life, body or health. In the case of negligently caused damage to property and financial loss, we and our vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Material contractual obligations are those whose fulfillment characterizes the contract and on which the customer may rely.

§10 CARE

Please follow the washing instructions that you will find on the labels of the items. If care instructions are not followed correctly, changes are made to the products or care materials are used that we have advised against using, or which we have expressly declared to be incompatible with the items or which do not meet at least average quality requirements, there is no case of warranty.

§11 RESERVATION OF OWNERSHIP

Until full payment, the delivered goods remain our property. If you are in default with the payment of the purchase price, we have the right to withdraw from the purchase contract and to demand from you the return of the goods not yet paid for. You are obliged to treat the not yet paid goods with care.

§12 DATA PROTECTION

We strictly adhere to data protection. You agree to the storage, processing and use of personal data transmitted to us through your order in accordance with the provisions of the Federal Data Protection Act (BDSG) for the processing of your order. We store your order and address data for use in the context of order processing (including through transmission to the order processing partners or shipping partners used), for any warranty cases and for product recommendations to customers in accordance with the content of our privacy policy and applicable laws on data protection. Our privacy policy and our cookie policy can also be found as a link under Legal on our website https://www.beachzeitberlin.de/.

§13 RIGHT OF INFORMATION/REVOCATION AND OBJECTION PURSUANT TO THE GERMAN FEDERAL DATA PROTECTION ACT (BDSG)

You have a right to information and, under certain conditions, a right to correction, blocking and deletion of your data stored in our systems.

You also have the right to object to the processing or use of your personal data for the purposes of advertising or market and opinion research as well as address trading and business data processing.

You can also object to the collection, processing or use of your personal data at any time if an examination shows that your interest worthy of protection due to your particular personal situation outweighs the interest of the controller in the collection, processing or use. This does not apply if a legal provision authorizes or obliges the collection, processing or use.

Furthermore, you generally have the right to revoke your previously given consent to the collection, processing and use of your personal data at any time with effect for the future.

Our privacy policy as well as our cookie policy can also be found as a link under Legal on our website https://www.beachzeitberlin.de/.

§14 FINAL PROVISION

The contract shall remain binding in its remaining parts even if individual provisions are invalid. Should any provision be invalid in whole or in part, the contracting parties shall immediately endeavor to achieve the economic success sought by the invalid provision in another legally permissible manner.

§15 OUT-OF-COURT SETTLEMENT OF DISPUTES ACCORDING TO VSBG

As of February 1, 2017, a new German regulation in the Act on Alternative Dispute Resolution in Consumer Matters (VSBG), will come into force. According to this law, every consumer has the fundamental right vis-à-vis an entrepreneur to call in an out-of-court dispute resolution body in the event of disputes about a consumer contract that cannot be resolved amicably. Whether the entrepreneur is obliged to participate in the out-of-court dispute resolution procedure is determined by the law.

We hereby expressly declare pursuant to Section 36 (1) No. 1 VSBG that we are not obliged and therefore not willing to participate in any out-of-court dispute resolution proceedings before a consumer arbitration board pursuant to the VSBG.

CANCELLATION POLICY

RIGHT OF REVOCATION

You have the right to cancel this contract within 14 days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods, in the case of a contract for the delivery of goods in several partial shipments or pieces, on the day on which you or a third party named by you, who is not the carrier, has taken possession of the last partial shipment or piece.

To exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

CONSEQUENCES OF REVOCATION

If you revoke this contract, we will 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 type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

SAMPLE CANCELLATION FORM

If you want to cancel the contract, you can fill out this sample cancellation form and send it back to us:

To

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only in case of notification on paper)
Date __.__.____

(*) Delete as applicable.