General terms and conditions of sale
Scope of application
These terms and conditions apply to all purchases made from Rowing in Europe GmbH by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, as far as the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.
Prices and shipping costs
The prices listed are final prices including VAT. The amount shown at the time of the binding order shall apply. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you.
We shall bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of revocation. If you exercise your right of withdrawal, we will also refund the shipping costs.
Payment
Payment is made upon delivery by
– direct debit
– PayPal
Default of payment
If you are in default of payment, Rowing in Europe GmbH is entitled to charge default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If Rowing in Europe GmbH can prove that a higher damage caused by default has occurred, Rowing in Europe GmbH is entitled to claim this damage.
Right of retention
The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Delivery
(1) Delivery is made to the delivery address specified by the customer, within
– Europe
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes the delivery or any other service permanently impossible, an obligation to perform on the part of Rowing in Europe GmbH is excluded. Already paid amounts will be refunded by Rowing in Europe GmbH immediately.
(3) Rowing in Europe GmbH is also entitled to refuse performance if this requires an effort that is grossly disproportionate to the customer’s interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the dictates of good faith. Amounts already paid will be refunded by Rowing in Europe GmbH without delay.
(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by freight forwarding. Rowing in Europe GmbH explicitly points out that these goods will not be carried into the house.
Favorable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it should be damaged due to an opening for functional testing.
(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods for the return. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be obligated to pay us the increased cost compared to a less expensive shipping method.
Retention of title
Until full settlement of all claims against the customer arising from the purchase contract, the delivered goods remain the property of Rowing in Europe GmbH. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
Defect Rights
(1) If a product is already defective upon delivery (warranty case), Rowing in Europe GmbH will, at the customer’s option and at Rowing in Europe GmbH’s expense, replace it with a defect-free product or have it professionally repaired (supplementary performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the case of damage caused to the customer by misuse or improper use,
b) in the case of damage caused by the fact that the products have been exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, Rowing in Europe GmbH does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) Rowing in Europe GmbH may also refuse performance if this requires an effort that is grossly disproportionate to the customer’s interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded by Rowing in Europe GmbH without delay.
(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by freight forwarding. Rowing in Europe GmbH explicitly points out that these goods will not be carried into the house.
Favorable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it should be damaged due to an opening for functional testing.
(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods for the return. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be obligated to pay us the increased cost compared to a less expensive shipping method.
Retention of title
Until full settlement of all claims against the customer arising from the purchase contract, the delivered goods remain the property of Rowing in Europe GmbH. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
Defect Rights
(1) If a product is already defective upon delivery (warranty case), Rowing in Europe GmbH will, at the customer’s option and at Rowing in Europe GmbH’s expense, replace it with a defect-free product or have it professionally repaired (supplementary performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the case of damage caused to the customer by misuse or improper use,
b) in the case of damage caused by the fact that the products have been exposed to harmful external influences at the customer’s premises (in particular extreme temperatures, humidity, extraordinary physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, Rowing in Europe GmbH does not warrant for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer’s interest in performance in consideration of the product price, taking into account the content of the contract and the dictates of good faith – whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer – the customer’s claim is limited to the respective other type of supplementary performance. The right of Rowing in Europe GmbH to also refuse this other type of subsequent performance under the aforementioned condition remains unaffected.
(4) Both in the case of repair and in the case of replacement, the customer is obligated to send the product at the expense of Rowing in Europe GmbH to the return address provided by Rowing in Europe GmbH, stating the order number. Before sending in the product, the customer has to remove any objects inserted by him from the product. Rowing in Europe GmbH is not obligated to inspect the product for the insertion of such items. Rowing in Europe GmbH is not liable for the loss of such items, unless it was readily apparent to Rowing in Europe GmbH upon return of the product that such an item had been inserted into the product (in this case, Rowing in Europe GmbH will inform the customer and hold the item ready for collection by the customer; the customer will bear the costs incurred in doing so). In addition, before sending a product for repair or replacement, the customer must, if necessary, make separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, the customer shall be responsible for installing the software and data and reactivating the passwords.
(5) If the customer sends the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation for the value shall not apply to the return of a defective product in the case of warranty,
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodeling,
b) if Rowing in Europe GmbH is responsible for the deterioration or loss or if the damage would also have occurred at Rowing in Europe GmbH,
c) if the deterioration or the loss has occurred at the customer’s, although the customer has observed the care which he is accustomed to apply in his own affairs.
(6) The customer’s liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer under a warranty granted by the manufacturer, which shall be governed by the relevant warranty conditions.
(9) The legal warranty of Rowing in Europe GmbH ends two years after delivery of the goods. The period begins with the receipt of the goods.
Liability
(1) In case of slight negligence Rowing in Europe GmbH is only liable for the violation of essential contractual obligations and limited to the foreseeable damage. This limitation does not apply in case of injury to life, body and health. Rowing in Europe GmbH is not liable for other damages caused by slight negligence due to a defect of the purchased item.
(2) Irrespective of any fault on the part of Rowing in Europe GmbH, any liability of Rowing in Europe GmbH in case of fraudulent concealment of the defect or from the assumption of a guarantee remains unaffected. The manufacturer’s warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by Rowing in Europe GmbH.
(3) Rowing in Europe GmbH is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in case of timely delivery.
(4) The personal liability of the legal representatives, vicarious agents and employees of Rowing in Europe GmbH for damages caused by them due to slight negligence is excluded.
Applicable Law
The contract concluded between you and Rowing in Europe GmbH is exclusively subject to the laws of the Federal Republic of Germany with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not affect the mandatory provisions of the state in which you have your habitual residence.
Place of jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Germany.
Dispute resolution
General information requirements for alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ . We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
Final Provisions
(1) Should individual provisions of this Agreement be or become invalid or void in whole or in part, this shall not affect the validity of the remaining provisions of this Agreement, provided that one of the contracting parties is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.