Terms of service

 

§ 1 Scope of application
The following General Terms and Conditions in the version valid at the time of the order shall apply to business relations with the customer for orders placed via the Internet store.



§ 2 Conclusion of contract
The presentation of our products on our website merely contains an invitation to the customer to submit a contract offer.

By sending an order, the customer makes an offer within the meaning of § 145 BGB. The customer receives a confirmation of receipt of the order by e-mail.

The contract with us is concluded if we accept the customer's offer in writing or in text form within 2 working days after sending the order. In this respect, the time of receipt of the declaration of acceptance by the customer is decisive. After fruitless expiry of the deadline, the offer shall be deemed to have been rejected.

A working day is any calendar day that is not a Sunday or a national public holiday.



§ 3 Delivery, shipping costs, transfer of risk
Delivery shall be made at the shipping costs shown in each individual case. If the customer is a consumer, we bear the shipping risk in any case, regardless of the shipping method. If the customer is an entrepreneur, all risks and dangers of the shipment are transferred to the customer as soon as the goods have been handed over by us to the commissioned logistics partner.



§ 4 Retention of title
The delivered goods remain our property until full payment of the purchase price.



§ 5 Payments
Only the payment methods indicated to the customer during the order process will be accepted.



§ 6 Liability for defects
a) Regulations for the sale of new goods

In the case of sale of new goods, the statutory rights of liability for defects shall apply.

b) Regulations for the sale of used goods

Irrespective of the following regulations regarding the shortening of the liability period for defects in the case of used goods, the limitation of claims for damages in the case of injury to life, limb, health, which are based on an intentional or negligent breach of duty on our part or on an intentional or negligent breach of duty on the part of our legal representative or vicarious agent, shall remain unaffected. Furthermore, irrespective of the following provisions on the shortening of the warranty period for used goods, the limitation period for claims for damages in the event of other damage caused by an intentional or grossly negligent breach of duty on our part or by an intentional or grossly negligent breach of duty on the part of our legal representative or vicarious agent shall remain unaffected. Also unaffected is any liability under the Product Liability Act.

In all other respects, a liability for defects of one year shall apply to used goods if the customer is a consumer. The liability for defects for used goods is otherwise excluded if the customer is an entrepreneur.

In all other respects, the statutory rights of liability for defects shall apply.

§ 7 Information for Consumers in Distance Selling Contracts and Customer Information in Contracts in Electronic Commerce.
a) We are not subject to any special codes of conduct not mentioned above.

b) You can identify any input errors when placing your order during the final confirmation before sending your contractual declaration and correct them at any time using the delete and change function before sending the order.

c) The essential characteristics of the goods offered by us and the period of validity of limited offers can be found in the individual product descriptions on our website.

d) The language available for the conclusion of the contract is German.

e) Complaints and claims for liability for defects can be made at the address given in the supplier identification.

f) The text of the contract is not stored by us and is therefore not accessible to you as a customer after the conclusion of the contract through us.

g) For information on payment, delivery or performance, please refer to the offer.



§ 8 Miscellaneous
The law of the Federal Republic of Germany shall apply to the contractual relationship between us and the customer as well as to the respective terms and conditions. If the customer is a consumer, the statutory provisions and rights applicable for the protection of the consumer under the law of the state in which the consumer has his habitual residence, which may not be deviated from by agreement, shall remain unaffected by this agreement. The application of UN sales law is excluded.

§9 Terms and Conditions Kite School
a) Conditions for participation in a kitesurfing course at EAGLE KITE:

the ability to swim in open water for at least 15 minutes without any equipment
no health and/or physical impairment
no existing pregnancy
the consent of the legal guardian for persons under 18 years of age

b) EAGLE KITE decides about the training location. That means, which beach is finally chosen in the Hamburg, Bremen or Hanover area depends on the conditions (wind, weather, tides).

c) We basically assess the conditions before you start your journey to the training area. Nevertheless, the conditions can change unexpectedly and the training has to be cancelled or cannot be carried out. Travel costs will not be reimbursed.

d) If a training course cannot be carried out for various reasons (wind, weather, tides, etc.), there is no right to a refund. In case of non-implementation, vouchers will be issued, which are valid until December 31st of the following year. The principle at EAGLE KITE is: Safety first!

e) The number of participants for all courses (except private lessons and kitecamp) is two students.

If necessary, EAGLE KITE will also conduct the basic block as well as the training block with one student, which is very close to a private lesson. Due to the individual training, the block then lasts 3 hours. However, there is no right to carry out the training with one participant.

f) The minimum number of participants for the kitecamp is 3 students. If the number of participants is lower, the camp will not be held and the costs will be refunded.

g) The description of the packages M & L are goals, which will be reached by most of the students. That means there is no claim to achieve the described skills.

h) EAGLE KITE stands for the safety of the lessons. The instructions of the instructor must always be followed, otherwise possible salvage costs or damage to the equipment will be charged. The participant has no right to compensation for the resulting loss of time.

i) The services used by EAGLE KITE against payment have to be paid before the beginning of the course.

j) For all courses the equipment will be provided (wetsuit, neoprene shoes, vest, helmet and harness).

k) If due to bad weather or too little wind not all course lessons can be held on the water, they will be replaced by reasonable alternative training units (safety training on the kite, flight school, relaunch, practical lessons on land). There is no guarantee that the practical training sessions will be carried out.

l) All course participants are covered by liability insurance free of charge during the course hours (except gross negligence). During the kite camp there is a liability insurance exclusively during the school activities.
Accident insurance is not included. Outside the course hours the participants are liable for damages.

EAGLE KITE is not liable for the private belongings of the course participants (e.g. parked cars, visual aids or other valuables).

m) There is no time limit for the voucher. So it can be redeemed in the following year without any problems.

Should there be a price adjustment by EAGLE KITE for the "Kite Course Voucher" between the purchase of the voucher and the execution of the kite course, the difference has to be paid by the customer so that the course can take place.

n) The invalidity of individual provisions does not result in the invalidity of the contract.