General Terms and Conditions
Wecome to our General Terms and Conditions of Business, also known in German as the AGBs.
Here you will find all legal information about our online shop.
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§1 Scope, purpose and conclusion of relevant agreement.
- The following conditions regulate the contractual relationship between GE Sport-Trade GmbH, represented by the joint managing directors Gabriel Weimann and Bastian Knappke, Lissabonstraße 7, 97424 Schweinfurt, hereinafter referred to as “seller” and the respective customer.
- These terms and conditions apply exclusively. Conflicting or varying customer terms and conditions are not accepted, unless the seller has expressly agreed to them in individual cases.
- They apply to both individual consumers and business customers. For the purposes of these General Terms and Conditions, the consumer is any person who places an order for purposes that cannot be attributed predominantly to their commercial or self-employed professional activity. A business customer within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or self-employed professional activity.
- The subject-matter of the contract is the sale of goods by the seller to the consumer or customer (hereinafter referred to as “customer”).
- The customer can place an order for the goods via the seller’s website. After submitting the order, the customer receives an order confirmation in which their details and order are listed again. This order confirmation does not constitute acceptance of the contract. If the seller accepts the offer, the buyer will receive a declaration of acceptance of the contract or a shipping confirmation from the seller within 2 days. If the customer does not receive such a statement within the time limit, they are no longer bound by their order.
- The details of the contract and the general terms and conditions will be sent to the customer by email after the order has been placed. In addition, any customer who has created a customer account can call up their own orders in their online customer account at any time after conclusion of the contract.
- This contract is concluded in German only. German law applies if the customer purchases as a business owner.
- All prices are in Euros and include sales tax (Brutto prices)..
§ 2 Processing of the purchase contract, shipping costs
- The customer shall bear the shipping costs from the place of business of the seller in accordance with the shipping costs table valid at the time of the order under https://www.captain-lax.com/en/shipping-delivery/
- Payment of the purchase price is due immediately upon conclusion of the purchase contract, The customer can choose between various payment methods.
- In the case of returned direct debits or a refusal to accept a cash on delivery shipment, the additional costs incurred will be charged to the customer.
- The seller is entitled to withdraw from the contract if he does not receive the article(s) purchased despite the prior conclusion of a corresponding purchase contract. The liability of the seller in the event of intent or negligence remains unchanged. In such a case, the Seller shall inform the Customer immediately of the unavailability and shall immediately reimburse the Customer any payment or part-payment already made. In such a case, the Seller reserves the right to offer goods of equivalent price and quality with the aim of concluding a new contract for the purchase of the same goods in terms of price and quality.
- The customer will examine the ordered goods immediately after delivery, insofar as it is a mutual commercial transaction within the meaning of the Commercial Code. This applies particularly in respect of the completeness of the goods and to their being fit for purpose. Faults which are immediately or quickly detected must be immediately notified to the seller. A detailed description of the faults or defects should be provided. In the event that the customer does not notify, the goods are deemed to have been approved, unless the defect is not apparent during the inspection.
- If defects in the goods which have been inspected in accordance with Para. 5 cannot be immediately ascertained, the seller must be notified after discovery of the fault, insofar as it is a mutual trading transaction; otherwise the goods are deemed to be approved even in view of this defect.
§ 3 Terms and Conditions Captain-Lax Club
- As a member of the Captain-Lax Club you can enjoy the advantages of the club such as optimised shipping options, price advantages and much more.
- Club product prices are displayed on product pages and are available for club members only. Each club member has the possibility of earning points for each order that are saved in a managed points account. These can be redeemed when ordering in the payment/shipping process. Points cannot be transferred to another account.
- Membership of the Captain-Lax Club is finalised by placing the product “Captain’s Club” in the shopping cart and completing the order by paying. You will receive a confirmation e-mail immediately after purchase.
- Membership runs indefinitely.
§ 4 Warranty and liability
- For defects of the goods, the seller is generally liable in accordance with the statutory provisions of the Sales Law (Section 434 ff BGB) and – if the customer is a consumer – the Consumer Goods Sales Law (Section 474 ff BGB), unless otherwise specified in these General Terms and Conditions
- If the customer is a business, the warranty period for the rights under section 437 Nr. 1 and Nr 3 BGB for new articles differs from section 438 Para. 1 Nr. 3 BGB, one year from the beginning of the statutory limitation period. With respect to consumers, § 438 para. 1 Nr. 3 BGB the statutory warranty period is two years.
- If the customer is an business, the warranty for used items is excluded. For used articles, the warranty period for the rights under § 437 Nr. 1 and Nr. 3 BGB differs from § 438 para. 1 Nr. 3 BGB is reduced to one year from the start of the statutory limitation period.
- The seller cannot be held liable for damages caused by slight negligence.
- The limitations of liability according to the previous paragraphs 2, 3 and 4 do not apply to damages resulting from injury to life, body or health, fraudulent concealment of defects, claims from the Product Liability Act, in the case of intent and gross negligence as well as in the case of breach of obligations, the fulfilment of which makes the proper implementation of the contract possible in the first place and the compliance on which the customer may normally rely
§ 5 Retention of title, transfer of risk
- The delivered goods remain the property of the seller until full payment has been received
- If the customer is a commercial entity, the risk shall pass to that commercial entity at the time of delivery of the goods to the transport company. For consumers, the transfer of risk takes place only when the goods are delivered to the customer.
§ 6 Delay and costs of default
- The customer, who is not a consumer, is in default if he does not pay within 30 days of the due date.
- Customers are also in default within 30 days of the due date if they are informed of these terms in the invoice or payment request.
- The seller is entitled to charge the customer a flat-rate reminder fee of € 2.50 for each payment reminder. The customer is entitled to show that no or only minor damage has occurred. The validity of charging further payment reminder fees is reserved.
§ 7 Final provisions
- These General Terms and Conditions and the related purchase contract are exclusively governed by German law, excluding the terms of the UN Sales Convention, if the customer is not a consumer.
- If the parties are businesses, the place of jurisdiction for all disputes arising from or in connection with this contract is the city where the seller’s business is registered.
- Should one or more clauses of these terms and conditions be invalid in whole or in part, the validity of the remaining provisions shall not be affected.