§1 Contractual partner and scope
These general terms and conditions (GTC) apply to all orders that you place as a consumer or businessman with the provider
Cunabi Sports GmbH
Represented by Philipp Wilhelm
VAT No. requested on 31.07.2020
Telephone: +49 (30) 214 711 09
Our services and offers are made exclusively on the basis of these terms and conditions. The inclusion of a customer’s terms and conditions that contradict our terms and conditions is already contradicted.
The contract language is exclusively German.
You can call up and print out the current terms and conditions at any time on our website https://www.steh-paddler.com/agb.
§2 Conclusion of contract
The contract is concluded in electronic business transactions via our online shop or other online platforms or by means of distance communication such as email and telephone (distance selling).
In the online shop, you make a binding purchase offer by clicking the button “Order with payment” (§ 145 BGB). After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (order confirmation). It represents the acceptance of your purchase offer.
The prices stated on the product pages include VAT and other price components.
§4 Terms of payment
Payment is made in our online shop either: Credit card (Visa, Mastercard, American Express), Sofort Überweisung, Giropay, PayPal or Alipay. PayPal Checkout can also be used to pay by SEPA direct debit mandate.
For distance contracts outside our online shop, payments can be made via PayPal or bank transfer; we will give you our payment details in the order confirmation (by email).
§5 Participation in events (rental, courses, events, tours)
Each participant must be physically fit & healthy and able to swim. We recommend that you master the requirements of the “Silver” youth swimming badge, including knowledge of self-rescue, as well as protection with life jackets. Minors under 12 years of age are only allowed to stand up paddle with the written consent of the legal guardians, provided they are not themselves at the event location.
Rental period: Unless otherwise stated, the events take place regularly in groups together with other participants; Waiting times are possible.
The timely return of the rental material must be strictly observed. Waterproof watches can be hired for this purpose. In the event of a late return, we are entitled to charge a delay surcharge of € 10 plus the pro rata rental fee – this applies in particular in the event that another customer has to accept waiting times due to the late return. In the event that subsequent customers cancel their booking due to the delay, the delayed customer must compensate for the failure.
The late delivery of booked rental material, which the provider is not responsible for, does not entitle the customer to exceed the booked period. In the event of a shortened useful life, the customer will receive a voucher or the booking price pro rata.
If a customer does not appear on a booked date, we are entitled to give the material to someone else after a delay of more than 15 minutes.
Weather: In strong winds, thunderstorms, lightning and thunder, hailstorms or limited visibility, the use of the stand-up paddler material must be stopped immediately. The clothing must be adapted to the respective weather conditions. If we have to cancel the event due to the weather conditions, you can change the appointment to take advantage of the event. If in doubt, please ask us if a booked event is taking place. If you do not appear on a booked appointment – although this takes place – your entitlement to benefits will lapse without replacement.
Alcoholized or drugged people are not admitted to any event.
Cloakroom and valuables: Visitors are responsible.
§6 Notes on the use of rental material
We can charge a deposit for the distribution of rental material.
Other water sports enthusiasts – especially swimmers – should be treated with respect.
The equipment must be treated with care during the entire period of use. In particular, driving onto obstacles such as tree trunks or stones near the bank should be prevented. Customers are liable for damage and loss of the board and paddle. Any damage or loss that arises must be reported immediately.
Nature: The beach area, the riparian zone, the entrance and the lake are natural – there is a risk of injury from pointed stones, branches, etc. we recommend wearing water shoes. The flora and fauna of the water and land areas must be treated with care and with due consideration.
§7 Portability of bookings
Bookings are freely transferable. When transmission
When making a booking, you are obliged to point out the provisions of these terms and conditions. It is your responsibility to ensure that the person using the event meets the requirements. In the event of non-fulfillment of the (minimum) requirements, a refund of the purchase price is excluded.
§8 Delivery of physical products
When ordering physical products, they will be handed over at the event location. There is no shipping.
If the provider is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own supplier, even though a corresponding cover transaction was made in good time, the provider has the right to withdraw from a contract with the customer. The customer will be informed immediately and services received, in particular payments, will be refunded.
§10 Offsetting / right of retention
You only have the right to offset if your counterclaim has been legally established, is not disputed or recognized by us, or is closely synallagmatically related to our claim.
You can only exercise a right of retention if your counterclaim is based on the same contractual relationship
§11 Right of withdrawal
Consumers have a right of withdrawal in accordance with our Right of withdrawal policy. Businessman are not granted any right of withdrawal.
Unlimited liability: we have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. We are liable for slight negligence in the event of damage to life, limb or human health.
In addition, the following limited liability applies: in the event of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damage that was foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. This limitation of liability also applies to our vicarious agents.
§13 Assignment and pledge ban
Claims or rights of the customer against the provider may not be assigned or pledged without the provider’s consent, unless the customer can demonstrate a legitimate interest in the assignment or pledging.
§14 Online dispute resolution (OS)
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§15 Final provisions
Should one or more provisions of these terms and conditions be or become ineffective, the effectiveness of the other provisions will not be affected.
If you are a businessman, German law applies exclusively to contracts between us and you.
If you are a businessman, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
These General Terms and Conditions are based on a contract model from HÄRTING Rechtsanwälte, www.haerting.de ,email@example.com Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4.
As of August 2020