GENERAL TERMS AND CONDITIONS

Provider identification:

sailfish GmbH
Managing Director: Jan Sibbersen
Werner-von-Siemens-Str. 35
64319 Pfungstadt / Germany

WhatsApp +49 160 65 81 683
Phone +49 (0) 6157 40 21 700
E-Mail: info@sailfish.com

St.Nr.: 007/243/08015

VAT-ID: DE 262 663 383
Commercial register: HRB 87354 AG Darmstadt

General terms and conditions with customer information

Table of contents

1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Redemption of promotional vouchers
9. Redemption of gift vouchers
10. Applicable law
11. Place of jurisdiction
12. Alternative dispute resolution

1) Scope of application

1.1These General Terms and Conditions (hereinafter referred to as "GTC") of the company sailfish GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.3These GTC apply accordingly to contracts for the delivery of tickets, unless expressly agreed otherwise. These GTC only regulate the sale of tickets for certain events specified in the seller's item description and not the performance of these events. Only the statutory provisions in the relationship between the customer and the organizer and any deviating terms and conditions of the organizer shall apply to the performance of the events. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is solely responsible.

1.4A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2The customer can submit the offer via the online order form integrated into the seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3The seller can accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

Outside Europe, net prices are charged, which means that customs duties are borne by the end customer.

2.4When an offer is submitted via the seller's online order form, the text of the contract is saved by the seller and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent, together with these GTC. In addition, the text of the contract is archived on the seller's website and can be accessed by the customer free of charge via his password-protected customer account by entering the corresponding login data, provided that the customer has created a customer account in the seller's online store before sending his order.

2.5Before submitting a binding order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that concludes the ordering process.

2.6Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1Consumers are generally entitled to a right of withdrawal.

3.2sailfish GmbH grants you the right to withdraw from this contract within a period of 14 days without giving reasons. The period begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods / last partial shipment.

3.3In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a registered letter sent by post, fax or e-mail). We ask you to use the sailfish returns form. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

The return costs are free of charge in Germany, within Europe they cost 5.00€ and all other countries 10.00€.

3.4If you withdraw from the purchase contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.

3.5sailfish may, however, refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.

3.6The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

3.7We would like to point out that you are only liable for any loss in value of the goods (§357 paragraph 7 BGB) if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality. The calculation of the amount of compensation must always be made on a case-by-case basis and is generally based on a realistic assessment of the price at which the goods can still be offered or sold in their current condition. Any costs for repair or cleaning must also be taken into account.

4) Prices and terms of payment

4.1Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3The payment option(s) will be communicated to the customer in the seller's online store.

4.4If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.5If payment is made using a payment method offered by PayPal, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the customer's specified credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card will be debited immediately after the customer's order has been placed in the online store. The provider remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and shipments or credit notes, even if the payment method credit card payment via secupay AG is selected.

5) Delivery and shipping conditions

5.1Unless otherwise agreed, the goods shall be shipped to the delivery address specified by the customer. The delivery address specified in the seller's order processing is decisive for the processing of the transaction. In principle, different shipping costs are charged for each country.

5.2If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. If the customer effectively exercises his right of withdrawal, the provision in the seller's withdrawal policy shall apply to the return costs.

5.3Self-collection is not possible for logistical reasons.

5.4Vouchers are sent to the customer as follows

• by e-mail

5.5Tickets are provided to the customer as follows

• by e-mail
• by post

6) Retention of title

If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1If the purchased item is defective, the provisions of statutory liability for defects shall apply.

7.2Notwithstanding the above, the limitation period for claims for defects for used goods is one year from delivery of the goods to the customer. However, the reduction of the limitation period to one year shall not apply

• for items that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for claims for damages and reimbursement of expenses by the customer, and
• in the event that the seller has fraudulently concealed the defect.
• Only wetsuits are covered by a 2-year warranty, all other items are covered by the statutory warranty.

7.3The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8) Redemption of promotional vouchers

8.1Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online store and only during the specified period.

8.2Promotional vouchers can only be redeemed by consumers.

8.3Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

8.4Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.5Only one promotional voucher can be redeemed per order.

8.6The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

8.7If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

8.8The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

8.9The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.

8.10The promotional voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

9) Redemption of gift vouchers

9.1Vouchers that can be purchased via the seller's online store (hereinafter "gift vouchers") can only be redeemed in the seller's online store, unless otherwise stated in the voucher.

9.2Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiration date.

9.3Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.4Several gift vouchers can be redeemed for one order.

9.5Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

9.6If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.7The balance of a gift voucher is neither paid out in cash nor does it bear interest.

9.8The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online store. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.

10) Applicable law

10.1The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

10.2Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

11) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

12) Alternative dispute resolution

12.1The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.