General Terms and Conditions

The following General Terms and Conditions (GTC) apply to all contracts concluded via the online shop of Libre Landyachting GmbH, Emmastraße 6, 44869 Bochum, Germany (hereinafter referred to as Seller) under the domain libre-landyachting.com with the customer (hereinafter referred to as Buyer).

§ 1 Applicability of the terms and conditions

The General Terms and Conditions, in their version valid at the time of the order, form part of the contracts between the seller and the buyer. Deliveries, services, and offers from the seller are exclusively based on these terms and conditions. They apply to purchase agreements and the shipment/collection of goods.
Any terms and conditions stipulated by the buyer that we do not expressly accept are not binding on the seller, even if we do not expressly object to them. These terms and conditions also apply if we execute the buyer’s order without reservation, even with knowledge of conflicting or deviating terms and conditions.
We expressly reserve the right to amend or supplement these terms and conditions. Our deliveries, services, and offers are provided exclusively on the basis of these General Terms and Conditions of Sale. These terms and conditions form an integral part of all contracts we conclude with our customers (hereinafter referred to as “Customer” or “Buyer”) regarding the goods we offer. In this context, we expressly point out that our sales staff is not authorized to make any verbal agreements with the Customer in connection with the contract that deviate from the order form or these General Terms and Conditions.

§ 2 Offer and conclusion of contract

Offers and prices contained in brochures, advertisements, and other promotional materials are subject to change and non-binding. Acceptance declarations and all orders require written or electronic confirmation from the seller to be legally valid. The same applies to additions, amendments, and supplementary agreements.
The designations and specifications agreed upon at the time of contract conclusion represent the state of the art at that time and are only approximate unless expressly designated as binding by the seller.
Our online offers are considered an invitation to submit an offer. Errors and omissions in the product description, as well as obvious inaccuracies, release both seller and buyer from any claims.
The contract is concluded through the buyer’s offer (their order in the shop) and the seller’s acceptance via email, followed by our order confirmation via email. If you did not provide us with an email address when placing your order, the contract is only concluded upon shipment of the goods.

§ 3 Prices

For purchase agreements, the seller’s agreed prices apply unless expressly agreed otherwise in writing. These prices include statutory VAT plus a flat-rate packaging and shipping fee, which will be specified. All prices agreed upon by telephone are non-binding. Errors and short-term price changes are reserved. All prices are in euros (EUR).

§ 4 Payment Terms

The ordered goods are paid for by the buyer via bank transfer, PayPal, or credit card. Payment must be received within 3 days of ordering. The goods will be shipped immediately after the purchase price has been transferred to the seller’s company account.
If the buyer defaults on payment, the seller is entitled to charge interest from the date of default at a rate of 5 percentage points above the respective base interest rate of the European Central Bank (ECB). The seller reserves the right to prove a higher loss.
The buyer is only entitled to set-off, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established, acknowledged by the seller, or are undisputed. The buyer is only entitled to exercise a right of retention if their counterclaim is based on the same purchase agreement.

§ 5 Shipping costs

1. Shipping costs within Germany:

(1) Shipping within Germany to the mainland is free of charge .

(2) For deliveries to German islands, a flat-rate island surcharge of €14.90 per order will be charged.

The applicable shipping costs are displayed transparently to the customer in the shopping cart and during the ordering process before the order is placed .

2. Shipping costs abroad:

(3) For deliveries to selected countries of mainland Europe, we charge a flat shipping fee of €19.90 per order .

(4) For deliveries to selected European islands, we charge a flat shipping fee of €34.90 per order .

(5) If the desired delivery location is not within the delivery countries or regions selectable in the order process, the customer may submit a non-binding inquiry before placing the order.
In this case, the seller checks whether delivery to the desired address is possible and informs the customer separately of the result as well as any applicable shipping costs.
This does not create an entitlement to delivery.

3. General information:

a) In the case of subsequent deliveries, the seller will bear the additional shipping costs.
b) The packaging and/or goods must be inspected for transport damage upon delivery. Any transport damage must be noted with the transport service. The seller must be informed immediately on the day of delivery. Claims made after delivery are not possible for insurance reasons.
c) Delivery times are assigned to each product. Should the delivery time be extended, the customer will be informed immediately.
d) Shipping costs and cash on delivery fees are always shown gross, i.e., including 19% VAT.

§ 6 Transfer of Risk

Shipping within Germany is at the seller’s risk. Collection, handover, or shipping outside of Germany is at the customer’s risk. The risk passes to the customer as soon as the goods leave the seller’s premises (e.g., in the case of self-collection).

§ 7 Delivery and performance time

Delivery dates or deadlines that have not been expressly agreed upon as binding are exclusively non-binding information.
The seller shall not be liable for delays in delivery or performance due to force majeure or events that significantly impede or render performance impossible for the seller – including subsequent difficulties in procuring materials, operational disruptions, lack of means of transport, official orders, etc., even if these occur at the seller’s suppliers or their sub-suppliers – even if binding deadlines and dates have been agreed upon. Such events entitle the seller to postpone delivery or performance for the duration of the impediment plus a reasonable start-up period, or to withdraw from the contract in whole or in part with respect to the unfulfilled portion. If the seller culpably fails to meet an expressly agreed deadline or is in default for other reasons, the buyer must grant the seller a reasonable grace period – commencing on the date of receipt of the written notice of default by the seller, or, in the case of deadlines specified by calendar date, on the date of the deadline. After the unsuccessful expiry of this grace period, the buyer is entitled to withdraw from the contract.
The seller is liable in accordance with the statutory provisions, subject to the following limitations, if the contract is a fixed-date transaction or if the buyer is entitled to claim that his interest in the performance of the contract has ceased due to a delay in delivery for which the seller is responsible.
The seller is liable to the buyer for delays in delivery in accordance with statutory provisions if the delay is due to a willful or grossly negligent breach of duty attributable to the seller. The seller is also responsible for the actions of its representatives or agents. If the delay in delivery is not due to a willful or grossly negligent breach of contract attributable to the seller, liability is limited to foreseeable damages that typically occur.
If the delay in delivery for which the seller is responsible is due to the culpable breach of a material contractual obligation or a cardinal duty, he is liable in accordance with the statutory provisions; in this case, liability for damages is limited to the foreseeable, typically occurring damage.
The seller is entitled to make partial deliveries and provide partial services at any time, provided this is reasonable for the buyer.
Disruptions to the seller’s business operations or those of its suppliers that are beyond the seller’s control, in particular strikes and lockouts as well as cases of force majeure based on an unforeseeable and unavoidable event, shall extend the delivery time accordingly.

§ 8 Defects and notification thereof

Please report any transport damage to the carrier immediately. The seller reserves the right to repair or replace the goods. Defects caused by improper handling or modifications by the buyer or any other third party are excluded from the warranty.

§ 9 Warranty and Liability

In the case of justified complaints regarding defects, the seller is obligated to remedy the defect, to the exclusion of the buyer’s rights to withdraw from the contract or reduce the purchase price, unless the seller is entitled to refuse to remedy the defect under applicable law. The buyer must grant the seller a reasonable period of time to remedy the defect.
The seller may, at their discretion, remedy the defect by either repairing it or delivering new goods. During the remedy period, the buyer is precluded from reducing the purchase price or withdrawing from the contract. The repair is deemed unsuccessful after the second failed attempt. If the remedy fails, the buyer may, at their discretion, demand a reduction in the purchase price (abatement) or withdraw from the contract.
The buyer may only assert claims for damages due to the defect under the following conditions if subsequent performance has failed. This does not affect the buyer’s right to assert further claims for damages under the following conditions.
Notwithstanding the following limitations of liability, the seller shall be liable in accordance with statutory provisions for damages to life, body and health resulting from a negligent or intentional breach of duty by the seller, its legal representatives or its vicarious agents, as well as for damages covered by liability under the Product Liability Act and, furthermore, for all damages resulting from intentional or grossly negligent breaches of contract and fraudulent intent.
To the extent that the seller has provided a warranty of quality and/or durability for the goods or parts thereof, the seller is liable under that warranty. However, for damages resulting from a defect in the warranted quality or durability, but not occurring directly to the goods themselves, the seller is only liable if the risk of such damage is clearly covered by the warranty of quality and durability.
The seller is also liable for damages caused by simple negligence in the breach of contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on which the buyer regularly relies and may rely. The same applies if the buyer is entitled to damages in lieu of performance. However, the seller is only liable to the extent that the damages are typically associated with the contract and foreseeable.
Any further liability is excluded regardless of the legal nature of the claim asserted; this applies in particular to tort claims or claims for compensation for wasted expenses instead of performance.
If the purchased item is defective, the statutory provisions apply. The following applies in deviation from this:
- For entrepreneurs
  - If an insignificant defect does not generally give rise to any claims for defects, the seller has the right to choose the type of subsequent performance.
  - For new goods, the limitation period for defects is one year from the transfer of risk,
  - For used goods, rights and claims due to defects are generally excluded.
  - The limitation period does not restart if a replacement delivery is made under the warranty for defects.
- For consumers
  - The limitation period for claims based on defects in new goods is two years from delivery of the goods to the customer.
  - For used goods, the warranty period is one year from the date of delivery of the goods to the customer.
The seller is not liable for defects caused by the customer or third parties. This also applies to normal wear and tear. Warranty claims are void if the buyer or a third party attempts to repair the goods themselves.

§ 10 Retention of Title

All delivered items remain the property of the seller until full payment of all claims due to the seller from the business relationship with the buyer (even in the case of payment by check or bill of exchange until they are honored).
The buyer must immediately inform the seller in writing of any third-party claims, in particular enforcement measures and other infringements of the seller’s ownership rights. The buyer must reimburse the seller for all damages and costs incurred as a result of a breach of this obligation and any necessary intervention measures against third-party claims.
If the buyer breaches the contract, particularly if the buyer fails to meet their payment obligations despite a reminder from the seller, the seller may, after setting a reasonable deadline, withdraw from the contract and demand the return of the goods still owned by the seller. The seller’s repossession of the goods constitutes a withdrawal from the contract. The buyer shall bear the resulting transport costs. Seizure of the goods by the seller always constitutes a withdrawal from the contract. Even after receiving the returned goods, the seller is entitled to sell them. The proceeds of the sale shall be credited against any claims the seller may have against the buyer, less reasonable costs of sale. Furthermore, the buyer is obligated to treat the goods properly and to ensure their appropriate cleaning as long as ownership has not yet passed to them. The buyer bears the risk of damage to or loss of the goods.

§ 11 Return Policy

Returns should be sent to:

Libre Landyachting GmbH
Christian John
Emmastraße 6
44869 Bochum
Telephone: +49 (0) 2327 75918
Email: shop@libre-landyachting.com

Consequences of returning the item:

In the event of a valid return, both parties must return any goods or services received and any benefits derived from them (e.g., usage advantages). Compensation may be claimed for any deterioration of the goods. This also applies to deterioration resulting from normal use of the goods. The buyer can avoid costs incurred due to a reduction in value by not using the goods as if they were their own, by refraining from anything that impairs their value, by only inspecting the goods as they would have been able to in a retail store, and by returning the goods unused and, if applicable, in their original packaging.

Refunds must be processed within 30 days. For you, this period begins when you send the goods or the return request; for us, it begins upon receipt. Return shipping is at the seller’s expense. The right to return ordered goods is excluded if the goods were manufactured according to the buyer’s specifications or are clearly tailored to their personal needs (so-called custom-made items).

§ 12 Legal validity of this disclaimer

This disclaimer is to be regarded as part of the internet publication from which you were referred to this page. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain unaffected.

§ 13 Severability Clause

The invalidity of individual provisions does not render the entire contract invalid. The contracting parties undertake to replace any invalid provision, if possible, with a clause that corresponds to their presumed intent.