Terms and Conditions of OCEANFIGHTER, Owner Isabelle Wurm
§1 Scope and Definitions
(1) These Terms and Conditions apply to all business relationships between us and the customer in the version valid at the time of the order.
(2) "Consumer" within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction with us for purposes that are predominantly neither commercial nor related to their independent professional activity (§ 13 BGB).
(3) "Entrepreneur" within the meaning of these Terms and Conditions are all natural or legal persons or partnerships with legal capacity who enter into a business relationship with us and act in the exercise of their commercial or independent professional activity (§ 14 BGB). If an entrepreneur does not act in the exercise of their commercial or independent professional activity, they are also entitled to the rights granted to consumers. They are considered a consumer within the meaning of these Terms and Conditions.
(4) "Customers" within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
(5) General Terms and Conditions of entrepreneurs that conflict with, differ from, or supplement our Terms and Conditions will not become part of the contract, even if we are aware of them, unless their validity is expressly agreed upon in writing.
§2 Conclusion of the Contract
(1) The following rules on the conclusion of the contract apply to orders placed in our online store at https://www.oceanfighter.de/.
(2) If a contract is concluded, it is made with:
OCEANFIGHTER, Owner Isabelle Wurm
Schussenrieder Straße 18
81249 Munich
Tel: +49 (0) 157 50363271
(3) The presentation of goods in our online store does not represent a legally binding offer from us, but a non-binding invitation for the customer to order goods. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract.
(4) Upon receiving an order in our online store, the following rules apply: When a customer completes the ordering process as outlined below, they submit a binding offer to enter into a contract. The ordering process follows these steps:
a) Select the desired product
b) Confirm by clicking the "Add to cart" button
c) Review all items in the shopping cart
d) Click the "Proceed to checkout" button
e) Enter customer contact details and click "Next"
f) Select payment method and click "Next"
g) Review and correct the entered data and accept the Terms and Conditions and the cancellation policy
h) Submit the binding order by clicking the "Place order" button.
Before submitting the binding order, the customer can review their information again and return to the page where the information was entered by clicking the "Back" button of their internet browser, or they can end the ordering process by closing the internet browser.
After receiving the order, we will confirm it with an automatically generated email. However, this email does not yet constitute acceptance of the offer. Acceptance of the offer occurs in writing, in text form, or by sending the goods.
(5) We store the contract text and send you the order data and our Terms and Conditions by email. You can also access the Terms and Conditions at https://www.oceanfighter.de/agb.
§3 Prices, Shipping Costs, Payment, and Due Date
(1) The prices listed are final prices plus shipping costs. In accordance with § 19 UStG, we do not charge VAT and therefore do not show it (small business status).
(2) Payment is made using the specified payment methods.
(3) An entrepreneur is required to pay interest on debt at a rate of 9 percentage points above the base interest rate during default. However, we reserve the right to claim higher default damages from an entrepreneur.
(4) An entrepreneur has the right to offset only if their counterclaims are undisputed or legally established.
§4 Delivery and Transfer of Risk
(1) Unless otherwise stated in the product description, the delivery time for goods is 5 days. The period begins with the payment by bank transfer when the payment is initiated by the credit institution, in other cases the day after the conclusion of the contract, and ends at the close of the last day of the period.
(2) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the goods does not transfer to the customer until the goods are handed over.
(3) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods transfers when we hand the goods over to the logistics company we have engaged.
(4) If the customer is an entrepreneur, and the delivery period cannot be met for reasons beyond our control, we reserve the right to set a new reasonable delivery period. The customer will be informed immediately of the failure to meet the delivery time. If we are still unable to deliver the ordered item within the newly specified period, we are entitled to withdraw from the contract for entrepreneurs. If the customer has already made payments, we will refund them promptly.
§5 Retention of Title
(1) If the customer is a consumer, we retain ownership of the goods until full payment of the purchase price.
(2) If the customer is an entrepreneur, we retain ownership of the goods until all claims arising from the ongoing business relationship have been settled. If the value of the reserved goods exceeds the claims from the ongoing business relationship by more than 10%, we are obligated to release the reserved goods.
(3) If the customer is an entrepreneur, they may resell the goods in the ordinary course of business. In this case, they hereby assign to us all claims in the amount of the invoice amount that arise from the resale to third parties. We hereby accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves in case the entrepreneur does not fulfill their payment obligations and defaults on payment.
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§6 Warranty
(1) For consumers, the statutory warranty provisions apply.
(2) For used goods, the warranty claims for consumers expire one year after the delivery of the goods.
This shortening of the limitation period does not apply to warranty claims that result in compensation for damages and involve intent, gross negligence, or the breach of essential contractual obligations. Essential contractual obligations are those that enable the proper execution of the contract and upon which the buyer can typically rely.
(3) Claims for damages by consumers due to injury to life, body, or health or based on the provisions of the Product Liability Act (ProdHaftG) remain unaffected.
The same provisions apply to breaches of duty by our vicarious agents.
(4) Warranty claims that are not directed at compensation for damages expire for entrepreneurs one year after the delivery of the goods. The statutory limitation periods for recourse claims by the entrepreneur under § 478 BGB remain unaffected.
(5) Entrepreneurs within the meaning of these Terms and Conditions are obligated to examine the received goods immediately for quantity and quality discrepancies. Visible defects must be reported to us in writing within a week of receiving the goods. Warranty claims are excluded if the entrepreneur fails to meet the obligation to notify. The entrepreneur is obligated to notify us of hidden defects within a week of discovering the defect. The deadline is met if the defect notification is sent in a timely manner. The full burden of proof for all claim requirements, especially the defect itself, the time of its discovery, and the timeliness of the defect notification, lies with the entrepreneur.
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§7 Limitation of Liability
Liability for damages caused by simple negligence is excluded unless they result from the breach of essential contractual obligations, involve a guarantee for the condition of the purchased item, concern damages resulting from injury to life, body, or health, or fall under claims based on the Product Liability Act (ProdHaftG). Essential contractual obligations are those whose fulfillment is necessary for the proper execution of the contract and on which the buyer can typically rely.
The same rules apply to breaches of duty by our vicarious agents.
Liability for the breach of essential contractual obligations in cases of simple negligence is limited to such damages that are typically associated with the contract and foreseeable.
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§8 Right of Withdrawal for Consumers
Cancellation Policy
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without providing any reason.
The withdrawal period is fourteen days from the day you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us (OCEANFIGHTER, Owner: Isabelle Wurm, Schussenrieder Straße 18, 81249 Munich, Email: info@oceanfighter.de, Tel: +49 (0) 176 322 867 39) by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form, but it is not required.
To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from your choice of a different type of delivery than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day we receive the notification of your withdrawal from this contract. We will make the reimbursement using the same means of payment that you used for the original transaction unless you have expressly agreed otherwise; in no case will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the returned goods or until you have provided evidence of having sent back the goods, whichever is the earlier.
You must return the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send back the goods before the fourteen-day period has expired.
You will bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
End of the Cancellation Policy
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§9 Code of Conduct
We have not submitted to any codes of conduct.
§10 Contract Language, Applicable Law, Jurisdiction
(1) The exclusive language for the execution and handling of the contract is German.
(2) The contractual relationship is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers who enter into the contract for non-professional or non-commercial purposes, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our business location.
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§ 11 Customer Service
For questions, complaints, and claims, our customer service is available on weekdays from 9:00 AM to 5:00 PM at:
Phone: +49 (0) 176 322 867 39
Email: info@oceanfighter.de
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§12 Online Dispute Resolution Platform
We are legally required to inform consumers about the existence of the European Online Dispute Resolution platform. This platform can be used to resolve disputes without the need for court proceedings. The European Commission is responsible for setting up this platform, which can be accessed at the following link: https://ec.europa.eu/odr
§13 Severability Clause
If one or more provisions of these Terms and Conditions are or become invalid or unenforceable, the remaining provisions shall remain unaffected. This does not apply if the omission of certain clauses would result in one party being unreasonably disadvantaged to the extent that adherence to the contract cannot be expected.