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 the Seller) under the domain libre-landyachting.com with the customer (hereinafter referred to as the Buyer).

§ 1 Validity of the Terms

The General Terms and Conditions in their current version at the time of order become part of the contracts between the Seller and the Buyer. Deliveries, services, and offers of the Seller are made exclusively on the basis of these terms and conditions. They apply to purchase contracts and the shipping / collection of goods.
Deviating conditions of the Buyer, which we do not expressly acknowledge, are not binding for the Seller, even if we do not expressly object to them. The terms and conditions also apply if we execute the Buyer’s order without reservation in knowledge of conflicting or deviating conditions.
We expressly reserve the right to make changes or additions to the terms and conditions. Our deliveries, services, and offers are made exclusively on the basis of these General Sales and Business Terms. These are part of all contracts that we conclude with our customers (hereinafter referred to as ‘Customer’ or ‘Buyer’) regarding the goods offered by us. In this context, we expressly point out that our sales personnel are not authorized to make oral 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 price information of the Seller contained in brochures, advertisements, and other promotional material are subject to change and non-binding. Declarations of acceptance and all orders require written or teletype confirmation from the Seller to be legally effective. The same applies to supplements, amendments, and side agreements.
The designations and specifications determined at the time of contract conclusion represent the technical status at that time and are only approximately authoritative, unless they have been expressly designated as binding by the Seller.
Our offers on the Internet are understood as an invitation to submit an offer. Errors and mistakes in the product description as well as obvious inaccuracies release Seller and Buyer mutually from any claim.
The contract is concluded through the Buyer’s offer (their order in the shop) and the Seller’s declaration of acceptance via email and our order confirmation via email. If you have not provided us with an email address during your order, the contract is only concluded with the dispatch of the goods.

§ 3 Prices

For purchase contracts, the agreed prices of the Seller apply, unless expressly agreed otherwise in writing. These include the statutory VAT plus a packaging and shipping cost flat rate, which is specifically stated. All prices agreed by telephone are non-binding. Errors and short-term price changes are reserved. All prices are in Euro (EUR).

§ 4 Payment Terms

The ordered goods are paid by the Buyer via bank transfer in advance, PayPal, or credit card. Payment must be received within 3 days after the order. The goods will be shipped immediately after the purchase price has been transferred to our company account of the Seller.
If the Buyer is in default with their payment, the Seller is entitled to demand interest from that point in time 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 higher damages.
The Buyer is only entitled to offset, even if complaints 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 contract.

§ 5 Shipping Costs

1. Shipping costs within Germany:

Deliveries over € 100.- goods value are shipped free of charge (except for possible costs for bulky goods) within Germany

a) For orders, the shipping costs are € 9.80.
b) For products whose dimensions are considered bulky goods, additional shipping costs of 29,- € will be charged, which are manually added to the invoice amount.
c) For delivery to German islands, an additional island surcharge of 15,- € per package will be charged (except for buggies land sailors).

2. Shipping costs abroad:

Delivery abroad on request. Delivery only within the EU.

3. General notes:

a) For subsequent deliveries, the seller bears the additional shipping costs.
b) The packaging or goods must be checked for transport damage upon handover. Transport damage must be noted with the transport service. The seller must be informed immediately on the day of delivery. Later complaints are not possible for insurance reasons.
c) The delivery times are assigned to each product. Should the delivery time be extended, the customer will be informed immediately.
d) The shipping costs and cash on delivery fees are always shown as gross, i.e., including 19% VAT.

§ 6 Transfer of Risk

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

§ 7 Delivery and Performance Time

Delivery dates or deadlines that have not been expressly agreed as binding are exclusively non-binding information.
The seller is not responsible for delays in delivery and performance due to force majeure and events that make it significantly more difficult or impossible for the seller to perform – these also include subsequent difficulties in procuring materials, operational disruptions, lack of means of transport, official orders, etc., even if they occur with suppliers of the seller or their sub-suppliers – even in the case of bindingly agreed deadlines and dates. They entitle the seller to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled. If the seller is culpably unable to meet an expressly agreed deadline or is in default for other reasons, the buyer must grant them a reasonable grace period – starting from the day of receipt of the written notice of default by the seller or in the case of calendar-specified deadlines. After this grace period has expired without result, the buyer is entitled to withdraw from the contract.
The seller is liable according to the statutory provisions, subject to the following limitations, if the contract is a fixed transaction or if the buyer is entitled to invoke the loss of their interest in the fulfillment of the contract as a result of the delay in delivery for which the seller is responsible.
In the event of a delay in delivery, the seller is liable to the buyer in accordance with the statutory provisions if the delay in delivery is based on an intentional or grossly negligent breach of duty for which the seller is responsible. The seller is responsible for the fault of its representatives or vicarious agents. If the delay in delivery is not based on an intentional or grossly negligent breach of contract for which the seller is responsible, the liability is limited to the foreseeable, typically occurring damage.
If the delay in delivery for which the seller is responsible is based on the culpable breach of an essential contractual obligation or a cardinal duty, the seller is liable according to the statutory provisions; in this case, the liability for damages is limited to the foreseeable, typically occurring damage.
The seller is entitled to make partial deliveries and partial services at any time, as far as this is reasonable for the buyer.
Disruptions in the business operations of the seller or its suppliers for which the seller is not responsible, in particular strikes and lockouts as well as cases of force majeure based on an unforeseeable and non-culpable event, extend the delivery time accordingly.

§ 8 Defects and Notification Thereof

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

§ 9 Warranty and Liability

In the case of justified complaints about defects, the seller is obliged to provide subsequent performance, to the exclusion of the buyer’s rights to withdraw from the contract or to reduce the purchase price, unless the seller is entitled to refuse subsequent performance based on statutory regulations. The buyer must grant the seller a reasonable period for subsequent performance.
The subsequent performance can take place at the seller’s choice by removing the defect or delivering new goods. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the buyer is excluded. The rectification is considered to have failed after the second unsuccessful attempt. If the subsequent performance has failed, the buyer can, at their choice, demand a reduction of the purchase price (reduction) or declare withdrawal from the contract.
The buyer can assert claims for damages under the following conditions due to the defect if the subsequent performance has failed. The buyer’s right to assert further claims for damages under the following conditions remains unaffected.
Irrespective of the following limitations of liability, the seller is liable in accordance with statutory provisions for damages to life, body and health that are based on 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, moreover, for all damages based on intentional or grossly negligent breaches of contract and fraud.
Insofar as the seller has given a guarantee of quality and/or durability with regard to the goods or parts thereof, it is also liable within the scope of this guarantee. For damages that are based on the lack of the guaranteed quality or durability, but do not occur directly on the goods, the seller is only liable if the risk of such damage is evidently covered by the quality and durability guarantee.
The seller is also liable for damages caused by simple negligent violation of such contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the buyer regularly relies and may rely. The same applies if the buyer is entitled to claims for damages instead of performance. However, the seller is only liable insofar as 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 also applies in particular to tortious claims or claims for reimbursement of futile expenses instead of performance.
If there is a defect in the purchased item, the statutory provisions apply. Deviating from this, the following applies:
- For entrepreneurs
  - If an insignificant defect does not generally give rise to any claims for defects, the seller has the choice of 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 start anew if a replacement delivery is made within the scope of liability for defects.
- For consumers
  - The limitation period for claims for defects in new goods is two years from delivery of the goods to the customer
  - For used goods, one year from delivery of the goods to the customer.
The seller is not liable for errors caused by the customer or third parties. This also applies to normal signs of wear and tear. The warranty claims expire if the buyer or a third party attempts to repair the goods independently.

§ 10 Retention of Title

All delivered items remain the property of the seller until complete payment of all claims due to the seller from the business relationship with the buyer (also in case of payment by check or bill of exchange until their redemption).
The buyer must immediately inform the seller in writing of any access by third parties, in particular enforcement measures, as well as other impairments of their property. The buyer must reimburse the seller for all damages and costs incurred due to a violation of this obligation and due to necessary intervention measures against access by third parties.
If the buyer behaves in breach of contract, in particular if the buyer does not meet their payment obligation despite a reminder from the seller, the seller can withdraw from the contract after setting an appropriate deadline and demand the return of the goods still in their ownership. The taking back of the goods by the seller constitutes a withdrawal from the contract. The buyer bears the transport costs incurred in this process. The seizure of the goods by the seller always constitutes a withdrawal from the contract. The seller is still entitled to utilize the goods after their return. The proceeds from the utilization are to be credited against the seller’s claims against the buyer – minus appropriate utilization costs. The buyer also undertakes to handle the item properly as long as ownership has not yet passed to them, as well as to ensure appropriate cleaning. The buyer bears the risk of damage and loss of the item.

§ 11 Return Instructions

The return should be sent to:

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

Consequences of the return:

In the event of an effective return, the services received by both parties must be returned and any benefits gained (e.g., advantages of use) must be surrendered. Compensation may be demanded for deterioration of the goods. This also applies in the case of deterioration caused by proper use of the item. The buyer can avoid costs arising from a reduction in value by not using the goods as an owner would and by refraining from anything that impairs their value, and by merely subjecting the goods to an inspection as would have been possible in a retail store, and by returning the goods without signs of use and, if applicable, in the original packaging.

Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of the goods or the return request, for us with their receipt. The return of the goods is at the seller’s expense. A right to return the ordered goods is excluded if the ordered goods were manufactured according to customer specifications or clearly tailored to personal needs (so-called custom-made products).

§ 12 Legal Effectiveness of This Disclaimer

This disclaimer is to be considered as part of the internet offer from which this page was referenced. If parts or individual formulations of this text do not, no longer, or do not fully correspond to the current legal situation, the remaining parts of the document remain unaffected in their content and validity.

§ 13 Severability Clause

The invalidity of individual provisions does not result in the invalidity of the contract. The contracting parties undertake to replace any invalid provision, if possible, with a clause corresponding to the presumed intention.