General Terms and Conditions
Terms and conditions
a division of Point of Sports GmbH
Point of Sports GmbH
83064 Raubling - Deutschland
Telephone: +49 (0)8035 / 96 78 79
Commercial register: HRB 13295, district court (Amtsgericht) Traunstein
Value added tax identification number: DE213528890
We thank you for your order which we accept under the exclusive validity of our general sales conditions listed in the Annex.
2. Contracting parties
3. Conclusion of contract
4. Right of revocation
6. Prices and shipping costs
9. Retention of title
10. Dispute settlement
Terms and Conditions
These terms and conditions are binding for all deliveries of Point of Sports GmbH to consumers. Consumer is every natural person that concludes a legal transaction on a purpose that on most parts can neither be attributed to its commercial nor its freelance occupational activity.
2. Contracting parties
The purchase agreement comes into being with Point of Sports GmbH, managing director: Richard Ems, Point of Sports GmbH, Kapellenweg 31, 83064 Raubling – Germany.
3. Conclusion of contract
3.1 The representation of the products in the online shop shall not constitute a legally binding offer, but rather an invitation to order.
3.2 By clicking the button [Buy/order with costs] you place a binding order for the goods listed on the order page. Your purchase agreement comes into existence, if we accept your order by sending you an order confirmation per e-mail immediately upon receipt.
4. Right of revocation
4.1 If you are a consumer (a natural person that places the order on a purpose, that can neither be attributed to its commercial not its freelance occupational activity), in accordance with the statutory provisions you have a right of withdrawal.
4.2 If you exercise your right of withdrawal according to number 4.1, you must bear the regular costs of the return. We offer a free return for our customers from an order value of € 40,-.
4.3 In addition, the regulations that are detailed below apply to the right of withdrawal.
Right of revocation
You have the right to revoke this contract without giving reasons within a period of 14 days.
The revocation period is fourteen days starting with the day that you or a by you designated third party, that is not the carrier, has taken possession of the goods.
To exercise your right of revocation, you have to inform us (Point of Sports GmbH, Kapellenweg 31, 83064 Raubling, Germany, firstname.lastname@example.org, telephone: 004980359678790) in form of an explicit declaration (f.e. a mailed letter or e-mail) about your decision to revoke this contract. You can use the attached revocation template for this purpose, however it is not mandatory. You can fill the revocation template (https://www.watersport.eu/pub/media/wysiwyg/Dokumente/returnshipment_watersport.eu.pdf) or any other explicit declaration and submit it.
In order to meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of revocation before expiration of the revocation period.
Effect of revocation
In case you decide to revoke this contract, we are obliged to repay all payments we have received from you, including the shipment costs (excluding additional costs that result from you choosing another way of delivery than our recommended cheapest form of standard delivery) immediately and no later than fourteen days after the notification of revocation becomes available for us. For this redemption we use the same mean of payment you used at the initial transaction unless something else has been explicitly agreed on with you; in no event you will get charged any costs due to your redemption. We can deny the redemption until we receive the goods or you provide evidence that you sent the goods back, whichever is sooner.
You are obliged to send or give the goods back promptly and in any case no later than fourteen days after you inform us about your intent to revoke the contract, to us or (if necessary insert name and address of the by you authorized person to accept the goods). The deadline is met if the goods are sent no later than fourteen days and thus within the time limit. You will be responsible for the immediate costs of returning the goods. Returns from a value of € 40,- are free of charge.
You only have to compensate for a hypothetical loss in value of the goods, if this loss in value is due to you handling the goods in a manner that is not necessary with regards to condition, features and functionality.
If you intend to revoke this contract, please fill out this form and send it back.
– To Point of Sports GmbH, Kapellenweg 31 , 83064 Raubling, email@example.com, Germany
– Hereby I/we (*) revoke the by me/us (*) concluded contract over the purchase of following goods (*)/service delivery (*)
– Ordered on (*)/received on (*)
– Name of consumer
– Address of consumer
– Signature of consumer (only when notified on paper)
(*) Delete as applicable
Return of goods
Free return from a value of goods of € 40,-!
You have the right to revoke this contract without citing any reasons within fourteen days.
The deadline for revocation is fourteen days from the day your or an appointed third party that is not the consignor, has taken the last goods into possession. We politely ask you to send us the returning goods in the original packaging if possible.
Return shipments within Germany:
You can send all packages with the DHL return slip back to us. From a value of goods of € 40,- the return is completely free of charge! If the value of goods is lower than € 40,- we charge the standard shipping fee of € 4,95.
Please simply follow the three instructions under the point return shipment.
Return shipments beyond Germany:
You bear the immediate costs for the return shipment. In case of an exchange we deliver the product free of charge back to you. In this case you won’t have to pay for any additional shipping costs.
In case the postage exemption limit is undercut in case of return of a postage free delivery due to the lower value of goods, you loose the advantage of the postage free original delivery. In this case, the postage of the original delivery will be automatically deducted from the credit or rather the transfer.
The right of revocation does not apply to following contracts, as far as nothing else has been agreed on between the parties: contracts on the delivery of goods, that are not prefabricated and for the production of which an indivudal selection or determination by the consumer is relevant or which are clearly tailored to the personal needs of the consumer.
In case the goods come back to us not originally packed, including all information - & safety-relevant instructions and documents, this constitutes significant additional expenses in the form of reprinting and preparing of the product on our part. In this case we can assert a claim for compensation of value.
Transport damages and incompleteness
Should you find transport damages on the delivered goods or determine incompleteness, please reclaim this within three workdays after receipt of the consignment via telephone or e-mail. Later complaints cannot be taken into consideration.
Testing the product in water
In case the loss of value is due to improper use of the goods, that is necessary to examine the quality, the characteristics and funtionality of the goods, a claim for compensation of value is possible. In that case, we politely ask you to get in touch with us via telephone or e.mail.
We are very proud of the high quality standards of our products. Occasionally, a product may have manufacturing defects. As soon as a warranty claim including original invoice and pictues has reached us, our staff will immediately deal with your submission and provide a solution for you. Please note the duration of warranty claims for private and commercial use.
Excluded from the warranty are:
- Normal wear and tear
- Handles, zippers, straps
- Other connecting parts
- The wearing out of the neoprene cover/ pads, handles of the towables
- Damages caused by improper handling, maintenance or storage
- Damages caused by sharp objects
- Damages by exceeding the recommended number of users
- Damages caused by an external force like f.e. sliders, kickers, floating walkways
- Ruptures in the nylon cover of a tube due to above average use (identified by wear of handles, drawbar eyes or faded colors)
- Ruptures in the material caused by overinflation (identified by material testing in the course of the complaint process)
Warranty for private use
The warranty period begins with the date of sale – unless the manufacturer does not explicitly require something else:
6 months: fashion, neoprene, bidnings, wakeskates, tubes, bags, fins, linens, dumbbells, kayak, SUP, ski, wakeboards and Aquamarina products
12 months: Spinera Consumer products, Spinera Professional HD products
3 years: Yachtbeach 3.0, 4.1, Jetxtender glued by hand, Aquabanas Line
1 year on all other Yachtbeach and Jetxtender produtcs, custom made Yachtebeach and Aquabanas produtcs
The date of purchase must be proven in form of the original invoice by the customer. The warranty is void, if the customer makes changes to the product or installs it improperly.
Warranty for professional/commercial use
Warranty from the day of purchase:
Spinera Professional 3 months, Spinera Professional HD products 12 months
Improper storage violates the guarantee. The towables should not be stored in direct sunlight when not in use. Furthermore, all products must be washed with fresh water after each use in sea water to prevent premature material wear.
No warranty will be granted on consumer products for commercial use. This also applies to Aqua Marina products.
We reserve the right that small holes have to be glued by the user himself during commercial use. If required, we provide the glue free of charge.
Strategy for effective and fast complaint handling:
Please use the following items to verify if your customer has a warranty claim:
- Purchase date, slider or kicker damaged, normal wear and use...
- If the damage appears to be due to a material or manufacturing defect, be sure to contact us before sending the damaged item to us. Often the problem can be clarified over the phone. Usually it is sufficient to send a digital photo of the damaged goods by email.
- We will then decide whether or not you should send the goods to us in Germany for inspection. If you need to return goods, the package must be sufficiently franked. We will not cover the cost of returning the defective item, but we will cover the cost of shipping the new or repaired product. We do not accept freight collect parcels! Please include a copy of the original invoice with the date of purchase and a brief description of the damage.
- If it is a material or production defect, the goods will be repaired accordingly or we will send a replacement.
If you urgently need a replacement before the claim could be finished, you are welcome to order and pay for the same item. If it turns out to be a warranty case, we will refund the full purchase price. If there is no warranty, you can decide whether you want to keep the replacement product or prefer to return it.
6. Prices & Shipping costs
6.1 The prices on the product websites are inclusive the statutory value-added tax and other price components.
6.2 You can find a detailed overview of our shipping here.
7.1 We choose the cheapest form of transport for you – smaller packages we usually ship with GLS, large packages (longer than 120 cm/47 inch) wes hip with a parcel service.
7.2 If nobody is home:
GLS will ask a neighbour whether they will accept the parcel for the consignee. If a neighbour cannot accept the parcel, GLS will take it to the nearest GLS ParcelShop – if there is one nearby (does not apply to tyres). The parcel will be ready for customer collection from the day after the attempted delivery for a duration of eight working days.
If parcel delivery is not possible (either to a neighbour or to a GLS ParcelShop), the parcel will be returned to the GLS depot (distribution center), where it can be collected from the day after the attempted delivery and for a duration of four working days.
If the parcel could not be delivered to the original address specified, the delivery driver will leave a notification card. This card provides the consignee with all the important information, such as the name of the neighbour, details about the GLS ParcelShop or the GLS depot. The notification card also allows third party authorisation.
7.3 We reserve the right to make partial deliveries in case this seems to be advantageous for a speedy processing.
8.1 Payment may be made by cash in advance, Paypal, cash on delivery (possible only within Germany with a surname fee), Visa or Mastercard
8.2 Should you select the advance payment method, we will include our bank details in the order confirmation and deliver the goods after receiving the payment.
9. Retention of title
The delivered goods will remain in our possessoon until receipt of full payment.
10. Resolution of dispute
The European Commission has provided an internet platform that allows disputes to be resolved online. The platform serves as a contact point for out-of-court dispute resolution concerning contractual obligations that result from Online-Sales-Contracts. Further information is available under the follwing link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
We are ready to settle disputes with consumers by participating in a dispute settlement procedure before a consumer arbitration board. The competent consumer arbitration board is: Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V. („General Conciliation Body“), Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
To settle the disputed mentioned, we will participate in a dispute settlement procedure before this board.
The European Commission has provided an internet platform that allows disputes to be resolved online. The platform serves as a contact point for out-of-court dispute resolution concerning contractual obligations that result from Online-Sales-Contracts. Further information is available under the follwing link:
We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
Source: Online-Handel, Wegweiser durch die rechtlichen Rahmenbedingungen des E-Commerce unter Berücksichtigung des neuen Verbraucherrechts, von Rechtsanwalt Dr. Carsten Föhlisch/Trusted Shops GmbH und Rechtsanwalt Dr. Christian Groß/DIHK Deutscher Industrie-und Handelskammertag, DIHK Verlag, 2.Auflage 2018 (www.dihk-verlag.de )
Note: This template is being published with kind permission of the authors.