General Terms and Conditions of Aktivboot GmbH for the online shop and in-store sales

 

Part A: General Provisions

 

§ 1 Scope

(1) The following General Terms and Conditions – hereinafter referred to as “GTC” – contain the terms and conditions that apply exclusively between the customer and the company Aktivboot GmbH – hereinafter referred to as “Aktivboot” – provided and to the extent that these are not modified by individual agreements between the parties. The GTC apply in the version valid at the time of the customer’s order for all legal relationships. The offers are directed at consumers and entrepreneurs.

a) According to § 13 BGB (German Civil Code), consumers are natural persons who conclude a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.

 

b) According to § 14 BGB, entrepreneurs are natural or legal persons or a partnership with legal capacity who, when concluding a legal transaction, act in the exercise of their commercial or independent professional activity.

In the following, they are also jointly referred to as “customers.”

 

(2) The customer acknowledges the validity of these terms and conditions during the ordering process by submitting an order for the non-binding offer from Aktivboot. Aktivboot does not acknowledge any terms and conditions of the customer that conflict with or deviate from these terms and conditions, unless Aktivboot has previously expressly agreed to their validity in writing.

 

§ 2 Conclusion of the contract

(1) The presentation of the products in the online shop and in catalogs or advertising materials is not a legally binding offer, but rather an invitation to place an order. By clicking the “Buy now” or “Order with obligation to pay” button in the online shop or by placing an order in the brick-and-mortar store, the customer makes a binding offer to conclude a purchase contract for the goods contained in the shopping cart.

(2) For online orders, the contract is not formed until Aktivboot sends a shipping confirmation by email, which confirms that the goods have been shipped and summarizes the details of the purchase. The order confirmation by email does not constitute acceptance of the offer, but merely informs the customer that the order has been received. For orders in the brick-and-mortar store, the contract is formed when Aktivboot accepts the order. The text of the contract is stored by Aktivboot and sent to the customer in text form (e.g. by email) on request.

 

(3) Before the binding submission of the order in the online shop, the customer can view the order data at any time and correct it using the usual functions of the browser or a button in the order process.

 

(4) The contract language is German.

§ 3 Prices / Payment terms

 

(1) The prices stated in the online shop and in the offers include German VAT for customers within the EU (gross prices).

(2) For deliveries to Switzerland, the prices are exclusive of Swiss value added tax. Customs duties and import sales taxes for orders to Switzerland are not included in the purchase price and are to be borne by the customer.

 

(3) The purchase price is due immediately upon conclusion of the contract and is to be paid by the customer to Aktivboot within the period shown on the invoice.

(4) If the customer is late with a payment, Aktivboot is entitled to charge default interest in accordance with § 288 BGB in the amount of 9 percentage points above the respective base interest rate of the ECB for companies; for consumers, the interest rate is 5 percentage points above the base interest rate. Each party reserves the right to prove a different damage.

(5) The assertion of further damages is not excluded.

 

§ 4 Delivery and pick-up conditions

 

(1) Unless otherwise agreed, delivery for online orders will be made to the delivery address provided by the customer. Deliveries within Germany, to Austria and to Switzerland are made from the Aktivboot warehouse. For in-store sales, it is possible to pick up the goods at the store upon request.

(2) The delivery times and shipping costs for orders within Germany, to Austria and to Switzerland are displayed during the order process. For deliveries to Switzerland, additional customs duties and import sales taxes may apply that are not included in the shipping costs and are to be borne by the customer upon delivery.

 

(3) Aktivboot reserves the right to make reasonable partial deliveries.

(4) The customer is obligated to provide complete and truthful information when placing the order, particularly regarding the delivery address and contact information. Aktivboot must be informed immediately of any changes to this information.

 

§ 5 Right of withdrawal for consumers

 

(1) Consumers within the European Union (EU) have the right to withdraw from this contract within 14 days without stating reasons. The revocation period is fourteen days from the day of delivery.

 

(2) Aktivboot voluntarily offers the right of revocation to customers from Switzerland. However, customers from Switzerland bear the full return costs and all applicable customs fees and import duties in the event of a return.

 

§ 6 Return costs and conditions in the event of revocation

(1) The customer shall bear the direct costs of returning the goods if these can normally be returned by post due to their nature. If the nature of the goods makes it impossible to return them by post (e.g. bulky or particularly heavy items), we shall notify the customer of the costs of returning the goods in advance.

(2) Repayment is made using the same means of payment that the customer used for the original transaction, unless something else was explicitly agreed.

 

§ 7 Reservation of ownership

 

(1) The goods are delivered under reservation of ownership and remain the property of Aktivboot until full payment has been made.

(2) Corporate customers acquire ownership only after all payments from the current business relationship have been received. Payments made are credited to the oldest outstanding claim.

 

§ 8 Warranty and Guarantee

 

(1) Aktivboot is liable for material defects and defects of title according to the legal provisions.

(2) Corporate customers must check the goods for defects immediately after delivery and inform Aktivboot about any obvious defects without delay.

 

(3) Voluntary guarantees that go beyond the statutory warranty are only granted if this is explicitly stated in the product description or in the purchase contract.

 

 

§ 9 Liability

(1) Aktivboot is only liable for intent and gross negligence, except in the case of damages resulting from injury to life, limb or health and in the case of breach of fundamental contractual obligations (cardinal obligations).

(2) In the case of slight negligence, Aktivboot is only liable if it violates essential contractual obligations (cardinal obligations). In this case, liability is limited to foreseeable, typically occurring damages.

 

(3) The liability limitations do not apply if Aktivboot has assumed a guarantee or fraudulently concealed a defect.

 

§ 10 Packaging and disposal information

(1) Aktivboot values environmentally friendly packaging. The customer is obligated to dispose of the packaging in accordance with local regulations.

 

(2) If the goods contain batteries or rechargeable batteries, the customer is obligated to dispose of these separately and to use the legal return options.

 

§ 11 Data protection

(1) The data protection provisions of Aktivboot GmbH are available at https://aktivboot.de/datenschutz/ and explain how personal data is processed in the context of the contractual relationship. Customer accounts in the online shop are protected by individual access data, and the customers themselves are responsible for the security of this data.

 

(2) Aktivboot processes personal data exclusively in accordance with the legal provisions, in particular the DSGVO and the BDSG. Processing is carried out for the purpose of fulfilling the contract, customer care and marketing communication.

 

(3) Customers have the right to information, correction, deletion and restriction of data processing. Rights of objection can be asserted against Aktivboot at any time.

 

(4) Aktivboot implements technical and organizational measures to protect personal data. Access data for customer accounts are stored in encrypted form.

(5) Personal data will only be passed on to third parties with explicit consent or to fulfill the contract. When using service providers, data protection agreements are made.

 

(6) Data subjects can contact the responsible regulatory authority in the event of data protection complaints.

 

§ 12 Consumer dispute resolution

(1) The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr.

 

(2) However, Aktivboot is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

 

§ 13 Place of Jurisdiction and Applicable Law

(1) For contracts with companies, legal entities under public law or special funds under public law, the place of jurisdiction is Wiesbaden, Germany. Aktivboot is also entitled to file a suit at the customer’s place of business.

 

(2) Consumers can assert claims at the courts of their domicile. In the event of a dispute, the statutory place of jurisdiction applies.

 

(3) The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. Consumers residing in the EU enjoy the protection of mandatory consumer protection regulations in their country of residence.

 

§ 14 Final Clauses

 

(1) Should any provision of these terms and conditions be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the original provision.

(2) Aktivboot reserves the right to amend these GTC with a reasonable notice period. For existing contracts, the GTC in the version valid at the time of the conclusion of the contract shall apply.

 

(3) There are no verbal ancillary agreements. Amendments and supplements must be made in writing. Electronic communication by email does not fulfill the written form requirement.

(4) Should any individual provisions be invalid, in whole or in part, the parties to the contract undertake to replace them with provisions that fulfill the economic purpose of the invalid provisions to the greatest extent possible.

 

 

Wiesbaden, March 2025