General Terms and Conditions
of the company OY Surf Apparel Europe UG (haftungsbeschränkt)
§1 Validity towards companies and definition of terms
- The following General Terms and Conditions apply to all deliveries between us and a consumer in the version valid at the time of the order. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
§2 Conclusion of a contract, storage of the contract text
- The following regulations on the conclusion of the contract apply to orders placed via our Internet store https://www.oysurf.com/eu/
- In case of contract conclusion, the contract is concluded with OY Surf Apparel Europe UG (haftungsbeschränkt), Planufer 92e, DE-10967 Berlin, Register number HRB 185357 B, Register court Amtsgericht Charlottenburg.
- The presentation of the goods in our internet store does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.
- Upon receipt of an order in our internet store, the following regulations apply: The consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our internet store. The order is placed in the following steps:
- Select the desired goods and size if necessary
- Confirm by clicking the “Add to cart button.
- Check the information in the shopping cart
- Confirmation by clicking the button “Proceed to Checkout”
- Logging into the internet store after registering and entering the login details (email address and password). Or entering the billing / shipping address with the option to create an account.
- Reconsideration or correction of the respective entered data.
- Binding submission of the order by clicking the “Place Binding Order” button
The consumer can cancel the order process at any time by closing the internet browser until the “Buy Now” button is pressed. We confirm the receipt of the order immediately by an automatically generated e-mail (“Order Confirmation”). With this we accept your offer.
- Saving the text of the contract when ordering via our internet store: We store the contract text and send you the order data and our GTC in the email “Order Confirmation”. You can also view the GTC at any time at https://www.oysurf.com/eu/de/allgemeine_geschaeftsbedingungen/.
- If the consumer has chosen the option of payment by direct bank transfer (prepayment), the conclusion of the contract is subject to the resolutive condition of payment. If no payment is received within 14 days to the bank account mentioned in the email “Order Confirmation”, the contract is considered terminated and canceled.
§3 Prices, shipping costs, payment, due date
- The indicated prices include the statutory VAT and other price components and are exclusive of the respective shipping costs.
- The consumer has the option of payment by Direct Bank Transfer (prepayment), Credit Card or PayPal.
- If the consumer has chosen payment by Direct Bank Transfer (prepayment), he undertakes to pay the purchase price immediately after the conclusion of the contract using the purpose of payment stated in the e-mail “Order Confirmation”. The bank details will be stated in the “Order Confirmation” e-mail. The shipment of the goods will take place latest within 5 working days after receipt of payment to the named bank account.
- Unless otherwise agreed, the delivery of the goods from our warehouse to the address you specify.
- Unless we have not clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment. The dispatch takes place here latest within 5 working days. In this case, the deadline for shipping in the case of payment by direct bank transfer (prepayment) on the day after payment order to the bank entrusted with the transfer and for all other payment methods on the day after the conclusion of the contract to run. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the period ends on the next business day.
- The risk of accidental loss and accidental deterioration of the sold item is also in the case of mail order purchase only with the handover of the item to the buyer to this
- When shipping to German foreign countries may have under certain circumstances VAT and fees for customs clearance. On these costs we have no influence. These costs are covered by you.
§5 Retention of Ownership
- We retain ownership of the goods until full settlement of all claims arising from the current business relationship. Before transfer of ownership of the goods subject to retention of ownership, pledging or transfer of ownership by way of security is not permitted.
- You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
- If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent upon us.
§6 Right of revocation of the customer as a consumer:
Right of Revocation
Consumers shall have a right of revocation in accordance with the following provisions, whereby a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed:
You have the right to cancel this contract within fourteen days without giving any reason. The Revocation 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 order to exercise your right of revocation, you must inform us “OY Surf Apparel Europe UG (haftungsbeschränkt), Planufer 92e, D-10967 Berlin, e-mail: email@example.com” by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to revocation from this contract. You can use the attached sample revocation form for this purpose, which is, however, not mandatory.
Consequences of Revocation
If you revoke this contract, we shall reimburse all payments we have received from you, including delivery costs (except for additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable 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 any fees because of this repayment. We may refuse 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 without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation 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 and associated costs of customs clearance.
Please address the return to the following address:
OY Surf Apparel Europe UG Yildirim-Yildirim GbR Partner-Filiale 544 Kottbusser Damm 13 10967 Berlin Germany
End of Revocation Policy
- The right of revocation does not apply to 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, to the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery or to the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery.
- Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging to avoid claims for damages due to inadequate packaging.
§7 Revocation Form
Sample Revocation Form
If you want to cancel the contract, please fill out this form and send it back.
An: OY Surf Apparel Europe UG (haftungsbeschränkt) Planufer 92e D-10967 Berlin E-Mail: firstname.lastname@example.org I hereby revoke the contract concluded by me for the purchase of the following goods/services ________________________________________________________ ________________________________________________________ ________________________________________________________ Ordered on / received on ________________________________________________________ Name of the consumer ________________________________________________________ Address of the consumer ________________________________________________________ Signature of the consumer (only in case of notification on paper) ________________________________________________________ Date ________________________________________________________
§8 Transport damage
- If goods are delivered with obvious transport damage, please complain such defects immediately to the deliverer and please contact us as soon as possible.
- The failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
- Unless otherwise expressly agreed, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).
- If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods – in deviation from the statutory provisions – is one year. This limitation does not apply to claims based on damages arising from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation), as well as to claims based on other damages caused by an intentional or grossly negligent breach of duty by the user or his agents.
- In all other respects, the statutory provisions shall apply to the warranty.
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. In the event of breach of the obligation to inspect and notify defects, the assertion of warranty claims is excluded.
- In the event of defects, we shall provide warranty at our discretion by rectification or replacement (subsequent performance). In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the subsequent performance fails twice, you can, at your option, demand a reduction or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
§ 10 Liability
- Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence, we are liable for damages arising from injury to life, body and health of persons.
- In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.
§ 11 Contract language
Contract language is exclusively German.
§ 12 Alternative Dispute Resolution pursuant to Art. 14 ABS. 1 ODR Regulation and § 36 VSBG
The European Commission offers a platform for online dispute resolution (OS), which can be accessed at http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration court.
§ 13 Final provisions
- Should one or more provisions of these GTC be or become invalid, the validity of the remaining provisions shall therefore not be affected
- On contracts between us and you is exclusively German law applicable to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”)
- If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be the Charlottenburg Local Court.
Status of the GTC: February 2020