AGB – General Terms and Conditions

§1 APPLICABILITY TO CONSUMERS AND DEFINITION OF TERMS
(1) 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.
(2) A “consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

§2 CONCLUSION OF A CONTRACT, STORAGE OF THE CONTRACT TEXT
(1) The following provisions on the conclusion of contracts apply to orders placed via our online store https://wingpassion.de/shop
(2) If the contract is concluded, the contract is concluded with Eckardt Matheis de Graaf GbR, Wingpassion.de – Onlinehandel, Steinkampberg 15, 24235 Laboe.
(3) The presentation of the goods in our Internet store does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer submits a binding offer to conclude a purchase contract.
The offer shall be accepted in writing or in text form or by sending the ordered goods within one week. If the deadline expires without result, the offer is deemed to have been rejected.
(4) Upon receipt of an order in our online store, the following regulations apply: The consumer submits a binding contractual offer by successfully completing the order procedure provided for in our online store.

The order is placed in the following steps:
1) Selection of the desired goods
2) Confirm by clicking on the “Order” button
3) Checking the details in the shopping cart
4) Press the “Checkout” button
5) Login to the online store after registering and entering the login details (e-mail address and password).
6) Select shipping method
7) Select payment method
8) Binding dispatch of the order.

Before submitting the binding order, the consumer can return to the website on which the customer’s details are recorded and correct input errors or cancel the order process by closing the Internet browser by pressing the “Back” button contained in the Internet browser used by him after checking his details. We confirm receipt of the order immediately by means of an automatically generated e-mail (confirmation of receipt). This does not constitute acceptance of the offer. The offer shall be accepted in writing, in text form or by sending the ordered goods within one week.
(5) Storage of the contract text for orders placed via our online store. We save the text of the contract and send you the order data and our general terms and conditions by e-mail. You can also view the GTC at any time at https://wingpassion.de/shop/agb. You can view your past orders in our customer area under My account -> My orders.

§3 PRICES, SHIPPING COSTS, PAYMENT, DUE DATE
(1) The prices quoted include statutory sales tax / VAT and other price components. Any shipping costs will be added.
(2) The consumer has the option of paying in advance, PayPal, SOFORT bank transfer, cash on delivery, bank transfer.
(3) If the consumer has chosen to pay in advance, he undertakes to pay the purchase price immediately after conclusion of the contract.

§4 DELIVERY AND TRANSFER OF RISK
(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate dispatch.
(2) If the consumer has chosen to pay in advance, we will not dispatch the goods before receipt of payment.
(3) The fulfillment location is Kiteboarding-Shop Heiligenhafen. The risk that the desired product is accidentally destroyed or damaged is only transferred to the consumer as soon as he has received the goods.
(4) The consumer is obliged to check the products ordered and delivered by the shipping service for damage before accepting them and not to accept the product if it is damaged. The acknowledgement of receipt confirms that the product has been received correctly and in perfect condition.

§5 RETENTION OF TITLE
We reserve title to the goods until the purchase price has been paid in full.

§6 RIGHT OF REVOCATION
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail) or – if the goods are delivered to you before the deadline – also by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB and our obligations pursuant to § 312g para. 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.

The revocation is to be sent to:
Eckardt Matheis de Graaf GbR, Wingpassion-Shop Onlinehandel, Steinkampberg 15, 24235 Laboe
E-mail info@wingpassion.shop

CONSEQUENCES OF REVOCATION
In the event of an effective revocation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender to us the service received and benefits (e.g. benefits of use), or are only able to return or surrender them in part or in a deteriorated condition, you must compensate us for the value. You only have to pay compensation for the deterioration of the item and for any use made of it if the use or deterioration is due to handling of the item that goes beyond checking its properties and functionality. Testing the properties and functionality” means testing and trying out the respective goods, as is possible and customary in a retail store, for example.

Goods that can be sent by parcel post are to be returned at our risk. You have to bear the costs of the return shipment. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation or the goods, for us with their receipt.

End of the withdrawal policy

§7 CONTRACTUAL REGULATION REGARDING RETURN COSTS IN THE EVENT OF REVOCATION
Should you make use of your right of withdrawal, the costs are to be borne by the customer in accordance with the EU Consumer Directive of June 13 on online shipping.

§8 CONTRACTUAL LANGUAGE
The contract language is exclusively German.

Status of the GTC January 2023

§9 Competition participation and data protection conditions acc. § 4 No.5 UWG

  1. Organizer: This competition is organized by Eckardt Matheis de Graaf GbR.
  2. Eligibility to participate: All natural persons who are at least 18 years old and visit the website of the online magazine are eligible to participate. Employees of the organizer and their relatives are excluded from participation.
  3. Exclusion of competition companies: Competition companies and competition services and their employees are excluded from participation.
  4. Entry procedure: To enter the competition, participants must leave their first name, surname and e-mail address using the entry form provided on the website.
  5. Data protection: By taking part in the competition, participants agree that their personal data may be stored and used for the purposes of running and processing the competition. Further information on data protection can be found in the privacy policy of the online magazine.
  6. Prizes: The prizes to be won are tickets for Boot 2024 in Düsseldorf.
  7. Determination and notification of winners: Winners will be selected at random from all valid entrants and notified by email.
  8. Disclaimer: The organizer is not liable for technical problems that affect participation in the competition.
  9. Subject to change: The organizer reserves the right to change the conditions of participation at any time.
  10. Legal recourse: Legal recourse is excluded.
  11. Miscellaneous: Should individual provisions of these conditions of participation be or become invalid, this shall not affect the legal validity of the remaining conditions of participation. They shall be replaced by an appropriate provision that comes closest to the purpose of the invalid provision.
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