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All deliveries and services by Spearfishing Shop Andreas Berg (www.spearfishing.de) regarding online orders via the Internet or other online services are based on these terms and conditions. Deviating and/or supplementary agreements require the express consent of www.spearfishing.de and the written form; this also applies to an override of the written form requirement.
Offer/Conclusion of contract
The minimum order value per each order (excluding postage and shipping costs): no minimum value, the maximum value is €10,000. The order is valid if an advance confirmation is sent by e-mail and the payment for the ordered goods has been made (only against prepayment).
The representation of products on the website of Spearfishing Shop does not constitute an offer within the meaning of articles 145 et seq of the German Civil Code. By placing an online order, the customer presents a binding offer of purchase to Spearfishing Shop.
Responsibility for the choice of the ordered goods and the desired results lies with the customer, provided that the order does not relate to a specific consultation and corresponding written recommendation of purchase provided by Spearfishing Shop.
Spearfishing Shop may accept the order by delivering the goods or sending a confirmation email within 14 days from receipt of the order. If the goods are unavailable, Spearfishing Shop will inform the customer immediately, and if desired will immediately reimburse any payments already received.
The automatic confirmation email sent to the customer by the system upon placement of the order does not represent a binding acceptance by Spearfishing Shop.
The risk of a failed or faulty transmission within the framework of the order lies with the customer. The goods offered by Spearfishing Shop will only be sold in trade quantities.
Prices
The prices stated at the time the web order is placed shall apply. The stated prices are final prices, i.e. they include the statutory VAT applicable at the time, and any other price components or dispatch costs as stated during the order transaction.
Technical changes to the goods, or changes in shape, colour and/or weight, may apply.
For orders placed outside the EU, statutory VAT shall not apply. The obligation to customs clearance and take over of all customs costs in the recipient country lies with the customer.
Retention of title
1. The delivered goods shall remain the property of Spearfishing Shop (goods subject to retention of title) until full and final payment of the sale price and all ancillary costs.
2. The customer has to treat any goods subject to retention of title with care, and must immediately inform Spearfishing Shop of any access to the goods by a third party, even in the case of their seizure, also in the event of any damage or destruction of the goods. The customer must immediately inform Spearfishing Shop of any change in the person with possession of the goods subject to retention of title.
3. The customer may not pledge or grant as security any goods which are subject to a retention of title.
4. Spearfishing Shop has to be informed immediately of any access to the goods by a third party, or in the case of seizure or related procedures.
5. In the event of breach of contract by the customer, in particular if he continues to default on payment after having been set an appropriate deadline for settlement, Spearfishing Shop may, after issuing a reminder, withdraw from the contract and demand return of the goods subject to retention of title, and the customer is obliged to return the goods. Retraction or enforcement of the reservation of title or seizure of the retained goods by Spearfishing Shop does not constitute withdrawal from the contract unless expressly stated by Spearfishing Shop.
Complaints procedure / Online Dispute Resolution (ODR)
The European Commission will provide soon a platform for online dispute resolution (ODR) which will be available according to the EU -commission will be expected on 02/15/2016 under the link http://ec.europa.eu/consumers/odr . If the consumer is living in the European Union there is a possibility to use this platform for alternative dispute resolution regarding the online sales contracts.
We are obliged to inform you about the possibility of the online dispute resolution (ODR) via the ODR platform, as well as about our e-mail address: info@spearfishing.de
Warranty
1. The customer’s claims under warranty are initially limited to the right to subsequent rectification or replacement delivery. Spearfishing Shop is entitled to refuse the customer’s preference in this regard, if the preferred option can only be fulfilled at disproportionate expense. If the subsequent rectification or replacement delivery is unsuccessful, the customer may reduce the price paid or withdraw from the contract if the defect is not a minor one, without prejudice to claims for compensation. The warranty does not cover damage caused by operating errors, unprofessional handling, overstraining, inappropriate storage or tampering by a third party.
2. Visible defects in the delivered goods must be reported to Spearfishing Shop, in writing, within four weeks of receipt. This provision does not constitute a preclusion period for the consumers’ warranty rights. If a defect arises more than 6 months after receipt, the customer must prove that the product was defective when the risk was transferred. If this is not the case, Spearfishing Shop is at liberty to produce evidence that the item was not defective at the time of receipt by the customer.
Offer duration and change
Our offers are always non-binding. Changes and errors excepted. We reserve the right to change our range of goods, our prices, these General Terms and Conditions and our website at any time without prior notice and to adapt changed purchasing conditions. The conditions applicable to the customer are enclosed with the delivery.