Terms & Conditions
I. Scope of application
The following terms and conditions apply to all orders from the Spearfishing Shop (www.spearfishing.de) and must be agreed by the customer on each order. No other terms and conditions will be accepted as part of the contract unless specifically agreed in writing. Any reference to the customer’s terms and conditions is excluded.
II. Offer/Conclusion of contract
1. The representation of products on the website of Spearfishing Shop does not constitute an offer within the meaning of articles 145 et seq of the German Civil Code. By placing an online order, the customer presents a binding offer of purchase to Spearfishing Shop.
2. Responsibility for the choice of the ordered goods and the desired results lies with the customer, provided that the order does not relate to a specific consultation and corresponding written recommendation of purchase provided by Spearfishing Shop.
3. Spearfishing Shop may accept the order by delivering the goods or sending a confirmation email within 14 days from receipt of the order. If the goods are unavailable, Spearfishing Shop will inform the customer immediately, and if desired will immediately reimburse any payments already received.
4. The automatic confirmation email sent to the customer by the system upon placement of the order does not represent a binding acceptance by Spearfishing Shop.
5. The risk of a failed or faulty transmission within the framework of the order lies with the customer. The goods offered by Spearfishing Shop will only be sold in trade quantities.
1. The prices stated at the time the web order is placed shall apply. The stated prices are final prices, i.e. they include the statutory VAT applicable at the time, and any other price components or dispatch costs as stated during the order transaction.
2. Technical changes to the goods, or changes in shape, colour and/or weight, may apply.
3. For orders placed outside the EU, statutory VAT shall not apply. The obligation to register the goods in the recipient country lies with the customer.
IV. Delivery costs and shipping costs
Payment methods in Germany
• We accept the following payment methods: bank transfer payments (money order – cash in advance), PayPal and cash payment for self pickup.
• For bank transfer payments the customer receives our banking details by email. As soon as we got the money on our account, the order will be shipped to you as soon as avaliable.
Shipping costs and transport in Germany
• We ships by DHL or GLS.
• the shipping costs are calculated automatically depending on the weight and masses of the order, (for example: a parcel in Germany lighter than 10 kg costs 8.50 EUR incl. VAT).
• the bank transfer payment and payment by PayPal: you won´t pay any type of additional cost (except the shipping costs).
• There is possible to fetch an order directly at our store in Gruenstadt. In this case the shipping costs are cancelled always if the customer has selected the payment method "Self Pickup".
• If the customer has selected the payment method "Money Order", it will be automatically send an email with our banking details. As purpose must be given the order number.
Payment methods and shipping costs abroad (EU)
• Delivery in the EU only against precash or PayPal.
• The shipping costs are automatically calculated incl. VAT depending on the weight and masses of the order.
• If the customer has selected the payment method "Money Order", ", it will be automatically send an email with our banking details with BIC und IBAN. As purpose must be given the order number.
Regular delivery times and partial deliveries
• The average delivery time in Germany is 2-4 working days after the payment is on our account if the ordered goods are in stock.
• Because of cooperation with foreign suppliers the delivery time can be 2-3 weeks. The respective delivery times can be seen on our site at the product description.
• You can see the status of an order any time about your account in our on-line shop.
• Attention: the “money orders” have the longest processing times, because as a rule only the bank transfer lasts depending on bank up to 5 working days.
• A partial delivery of your order is possible by arrangement.
Shipping by express
• The shipping by express is possible by arrangement. Attention: in this case you must pay additional costs.
Transport damages and loss
• In case of transport damages is the parcel insured by the parcel service.
• Should it come to a transport damage of your product during the shipping, ask we to inform us immediately about this with your order number by email.
• In case of damage we depend on the cooperation with our customers. To the introduction of the compensation procedure we will need perhaps still information from you.
• We inform you about the shipping of your parcel by email with the status "delivered". Should you not have received the parcel after maximum 4 working days yet, inform us please by email. We let trace back the parcel at the parcel service about the Identcode.
• The money orders which are not paid by bank transfert within a term of 14 days can be cancelled by us automatically.
• Cancelled orders still remain for some time in our EDP system and can be activated again.
V. Right of return for consumers (§§ 312d, 356 German Civil Code [BGB] )
The customer is entitled to return the goods, subject to the following instructions:
Instructions for returning goods
Right of return:
You may return any merchandise received within 14 days without any requirement to state a reason. This period begins upon receipt of this instruction in text form (e.g. as a e-mail), but not prior to receipt of the merchandise and also not before we have fulfilled our obligations under § 312e (1) (1) BGB in conjunction with Article 246 § 3 EGBGB (Introductory Law to the German Civil Code). In the case (exclusively) of goods which cannot be dispatched by parcel post (e.g. bulky goods), you may submit a request in text form for the goods to be collected from your premises. The period of notice of return will be deemed to have been adhered to as long as the collection request or the merchandise in question have been despatched within the above-mentioned time limit. The return shipment will in all cases be undertaken at our expense and risk. The goods should be returned or the collection request submitted to:
Tel. 0049 6359 87 277 97
Pursuant to § 312 d (4) BGB, the right of return does not apply to merchandise made to customer specifications or clearly and unambiguously tailored to individual requirements or whose composition renders it unsuitable for return.
Consequences of return:
In the event of an effective return, the performances received by both parties will be returned and any benefits that may have accrued released. In the event of the deterioration of the merchandise and for benefits (e.g. benefits from use) that either cannot be released or can be released only in a deteriorated condition, you may be liable to pay us compensation. You will be liable to pay compensation for the deterioration of the merchandise only if the deterioration can be attributed to a situation in which the merchandise was handled in a way that went beyond the mere testing of its properties and mode of function. “Testing of [...] properties and mode of function” should be understood as testing of the merchandise in question that is possible and customary in a retail outlet. Any obligations to refund payments must be fulfilled within 30 days. The period of notice begins for you with the despatch of your collection request or of the merchandise, and for us with the receipt thereof.
VI. Retention of title
1. The delivered goods shall remain the property of Spearfishing Shop (goods subject to retention of title) until full and final payment of the sale price and all ancillary costs.
2. The customer must treat any goods subject to retention of title with care, and must immediately inform Spearfishing Shop of any access to the goods by a third party, even in the case of their seizure, also in the event of any damage or destruction of the goods. The customer must immediately inform Spearfishing Shop of any change in the person with possession of the goods subject to retention of title.
3. The customer may not pledge or grant as security any goods which are subject to a retention of title.
4. Spearfishing Shop must be informed immediately of any access to the goods by a third party, or in the case of seizure or related procedures.
5. In the event of breach of contract by the customer, in particular if he continues to default on payment after having been set an appropriate deadline for settlement, Spearfishing Shop may, after issuing a reminder, withdraw from the contract and demand return of the goods subject to retention of title, and the customer is obliged to return the goods. Retraction or enforcement of the reservation of title or seizure of the retained goods by Spearfishing Shop does not constitute withdrawal from the contract unless expressly stated by Spearfishing Shop.
VII. Complaints procedure / Online Dispute Resolution (ODR)
The European Commission will provide soon a platform for online dispute resolution (ODR) which will be available according to the EU -commission will be expected on 02/15/2016 under the link http://ec.europa.eu/consumers/odr . If the consumer is living in the European Union there is a possibility to use this platform for alternative dispute resolution regarding the online sales contracts.
We are obliged to inform you about the possibility of the online dispute resolution (ODR) via the ODR platform, as well as about our e-mail address: firstname.lastname@example.org
1. The customer’s claims under warranty are initially limited to the right to subsequent rectification or replacement delivery. Spearfishing Shop is entitled to refuse the customer’s preference in this regard, if the preferred option can only be fulfilled at disproportionate expense. If the subsequent rectification or replacement delivery is unsuccessful, the customer may reduce the price paid or withdraw from the contract if the defect is not a minor one, without prejudice to claims for compensation. The warranty does not cover damage caused by operating errors, unprofessional handling, overstraining, inappropriate storage or tampering by a third party.
2. Visible defects in the delivered goods must be reported to Spearfishing Shop, in writing, within four weeks of receipt. This provision does not constitute a preclusion period for the consumers’ warranty rights. If a defect arises more than 6 months after receipt, the customer must prove that the product was defective when the risk was transferred. If this is not the case, Spearfishing Shop is at liberty to produce evidence that the item was not defective at the time of receipt by the customer.