General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts which you conclude with us as a supplier (Hans Peter Hartmann) via the website shop.gosidemount.org. Unless otherwise agreed, the inclusion of your own terms and conditions will be rejected.
(2) Consumers within the meaning of the following rules shall be a natural person who concludes a legal transaction for purposes which can not be predominantly attributable to their commercial or self-employed activities. Entrepreneur is any natural or legal person who is acting in the exercise of his/her own professional or commercial activity when a legal transaction is concluded.
§ 2 Condition of the contract
(1) The object of the contract is the sale of goods.
(2) By setting the respective product online on our website we submit a binding offer to conclude a contract to the conditions stated in the article description.
(3) The contract shall be concluded through the online shopping basket system as follows:
The goods intended for purchase are placed in the “shopping cart”. Use the corresponding button in the navigation bar to call up the “Shopping Cart” and make changes at any time. After entering the “Cash” page and entering the personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page. If you use a direct debit system (e.g. PayPal® / PayPal Express / PayPal Plus) you will either be taken to the order overview page in our online shop or you will be sent to the website of PayPal®. If you are forwarded to PayPal®, make the corresponding selection or input of your data there. Finally, you will be redirected back to our online shop on the order overview page. Before sending the order, you have the possibility to check, change (also via the function “back” of the internet browser) or cancel the purchase. By sending the order via the “pay order” button, you declare the acceptance of the offer, whereby the contract comes legally binding.
(4) Your requests for the creation of an offer are not binding for you. We will provide you with a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in correlation with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that your e-mail address provided to us is correct, the receipt of the e-mails is technically ensured and, in particular, not prevented by SPAM filters.
§ 3 Right of retention, reservation of title
(1) You can only use the right of retention, as far as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 4 Liability
When ordering goods from this website, please note the general information and the special information for the respective product (in particular, but not limited to information on features, selection, maintenance and use of products as well as security of products) displayed on our website as well as the instructions contained in our manuals.
(1) Scuba Diving is a hazardous activitie and involves a risk of injury to any and all parts of the body. To participate training and certification through a recognized scuba training organisation is mandatory. Mounting, adjusting and maintaining the equipment used for it should be done only by a trained professional in accordance with the manufacturer’s specifications (see manual). Nevertheless the use of such scuba diving equipment cannot guarantee thescuba diver’s safety or freedom from injury while scubadiving.
(2) Warranty is based on legal provisions. Complaints on the basis of legal warranty claims may be asserted on presentation of proof of purchase with the customer service mentioned above.
(3) Our liability shall be limited, to the greatest extent allowed by law.
(4) Any damage caused by abuse or improper use, adjustment or maintenance as well as normal wear and tear is not covered.
(5) In no event shall we or our agents be liable for incidental or consequential damages, whether the claim is based upon contract, warranty, negligence or product liability, including, without limitation, loss to property other than the product itself, loss of use of any property, or other economic losses. Neither we nor any distributor or dealer shall be liable for contribution or indemnification, whatever the cause.
(6) According to the current state of the art, data communication over the Internet can not be guaranteed without errors and / or at any time available. We do not accept liability for the continuous or uninterrupted availability of the website and the offered services.
§ 5 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law is only valid insofar as the protection afforded by mandatory provisions of the law of the State of habitual residence of the consumer is not withdrawn (favorable principle).
(2) The provisions of the UN purchase law are not expressly applicable.
Go Side Mount UG Hans Peter Hartmann Laerchenstrasse 3 85411 Hohenkammer Germany Telephone: +49 176 686 711 08 E-Mail: email@example.com
The European Commission provides an online dispute resolution platform (OS) at http://ec.europa.eu/consumers/odr/. Consumers can use this platform to resolve their disputes. However, we are neither willing nor obliged to participate in a dispute resolution procedure in front of a consumer agency.
2. Information on the condition of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the corrective measures are made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract renewal
3.1. The contract language is German.
3.2. The full text of the contract is not saved by us. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically secured via the print function of the browser. After receipt of the order with us, the order data, the legally required information for remote sales contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of quotations outside the online shopping basket system, you will receive all contract data in text form within a binding offer, e.g. by e-mail, which you can print out or electronically secure.
4. Main characteristics of the goods or service
The essential characteristics of the goods and/or services are found in the respective offer.
5. Prices and terms of payment
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. You can call up a corresponding button on our website or in the respective offer, and it will be indicated separately in the course of the ordering process and are to be borne by you in addition, as far as there is no free delivery announced.
5.3. The payment methods available to you are indicated under a correspondingly indicated button on ouri nternet presence or in the respective offer.
5.4. Unless stated otherwise in the individual methods of payment, the payment claims arising from the concluded contract are immediately due for payment.
6. Terms of delivery
6.1. The terms of delivery, the delivery date and, if applicable, existing delivery restrictions can be found under a correspondingly designated button on our Internet presence or in the respective offer.
6.2. As far you being a consumer it is legally regulated that the risk of the accidental loss and accidental deterioration of the sold thing during the dispatch only passes with the delivery of the goods to you, regardless of whether the dispatch is insured or uninsured. This does not apply if you have assigned a transport company not designated by the entrepreneur, or a person appointed otherwise to carry out the shipment.
6.3. You shall bear all costs resulting from unsuccessful delivery if it is impossible to deliver the goods to you because you were not available at your provided delivery address, even though you had been informed about the time of delivery in good time.
7. Statutory right of deficiency
7.1. There are statutory liability for defects.
7.2. As a consumer, you are requested to check the goods immediately for completeness, obvious defects and transport damage and to notify us as soon as possible to the freight forwarder. Failure to do so will have no effect on your statutory warranty claims.