Terms and Conditions
Terms & Conditions
§ 1 Scope of application, definitions
(1) These Terms and Conditions of Sale (hereinafter referred to as “TC”) of the company Salty Lemon GmbH shall apply to all contracts concluded between
Salty Lemon GmbH
Managing Directors: Stefan Christopher Hain, Timo Rogge
Hamburg Local Court, registration number: HRB 165591
Phone number +49 (0)40 82211940
– hereinafter referred to as “lessor”, “we” or “us”-
the customers referred to in para. 2
– hereinafter referred to as “customer” or “you” -.
(2) These Terms and Conditions apply regardless of whether you are a consumer, entrepreneur, or merchant within the meaning of secs. 1 et seq. HGB (German Commercial Code). You are a consumer within the meaning of sec. 13 BGB (German Civil Code), if you conclude a legal transaction for purposes that can be attributed predominantly neither to your commercial nor your independent professional activity. Conversely, you are considered an entrepreneur in the sense of sec. 14 BGB if you act as a natural person or legal entity or partnership with legal capacity in the exercise of your commercial or independent professional activity when concluding a contract with us.
(3) The business relationship between you and us shall be governed exclusively by these Terms and Conditions in the version valid at the time of conclusion of the contract.
(4) Deviating Terms and Conditions of you shall not be recognized unless we expressly agree to their validity in writing. This also applies if we do not expressly contradict the inclusion.
(5) In our General Terms and Conditions, we refer to the kite equipment provided to you as the “equipment”, both individually and collectively. The components contained therein such as kite, bar or board are referred to as “products” and are based on our online store in their design and components. Spare parts and functional accessories that are necessary for the entirety of the product (e.g. grabhandle, fins and board pads, safety leash) are considered part of the product and are not explicitly mentioned. Furthermore, all purchasable goods that are not offered in the form of a subscription are referred to as “articles”. This includes in particular all lifestyle articles and purchasable accessories such as wetsuits and harnesses.
The paragraphs applicable to articles are the following: § 6, § 8, § 9, § 13 (1), § 24, § 26, § 27.
§ 2 Conclusion of contract
(1) The presentation and advertising of products on our website does not constitute a legally binding offer to conclude a contract.
(2) You may choose the equipment that suits you from our product range and order your selected products together with the subscription agreed between you and us (cf. sec. 3) either via our online store (cf. para. 3) or following a telephone call with us (cf. para. 4).
(3) By completing the order process via our online store, you make a binding offer to us to conclude a subscription.
(4) Should you not wish to place your order via our online store, you can enter your data on our website in the contact form for the purpose of being contacted by us. Subsequently, you will be offered an appointment for a telephone call with us. We shall then contact you by telephone at the time you have selected in order to jointly go through and agree on our product range, the subscription options and the individual prices. Afterwards, we shall send you a non-binding offer by e-mail. This non-binding offer is not to be understood as an offer on our part, but as an invitation to submit an offer on your part. By returning the signed non-binding offer to us by e-mail, you are making a binding offer to us to conclude a subscription. After receiving your binding offer, we shall then conduct a credit check in accordance with sec. 24. Should the credit check be negative, we reserve the right to refrain from a declaration of acceptance in the sense of para. 7, or in particular to make use of the reservation of prepayment in accordance with sec. 6 para. 2.
(5) In case of an order according to para. 3 as well as following an order according to paragraph 4, we shall issue an invoice with your order, which you will receive by e-mail before receipt of the declaration of acceptance in the sense of para. 7. The invoice contains all your personal data as well as the data of your order including the subscription concluded by you.
(6) The confirmation of receipt of the order shall follow
a) in case of an order via our online store immediately after sending the order, or
b) in case of an order following a telephone conversation immediately after receipt of your order by us, in each case in the form of an automatic confirmation of receipt by e-mail. However, this confirmation of receipt only documents the receipt of your order and does not constitute an acceptance of your request by us.
(7) The contract between you and us is only concluded by our explicit declaration (order confirmation), which we shall send to you in a separate e-mail, or by the shipment of the products ordered by you.
(8) The contract shall be concluded exclusively in German or English.
(9) The text of the contract shall be stored in compliance with data protection.
(10) You assure that all data provided by you when ordering (e.g. name, address, e-mail address, bank details, VAT ID if applicable) are correct and you have not used any third party data.
§ 3 Subscription, term
(1) In our online store, you may choose between different subscriptions consisting of different products. You may choose from our range of kite equipment as new or as used goods. During the order process, you may also individually determine the configuration, design or equipment as well as the exact product composition of your subscription.
(2) Any used goods offered by us have been checked for damage, completeness and usability before shipment to you and – if necessary – repaired and overhauled or checked or overhauled by a third party commissioned by us to do so.
(3) The equipment is assembled according to your needs and contains only the items you want to obtain.
(4) Within the scope of your subscription, you shall not be entitled to specific products; we reserve the right to provide you with products of average type and quality comparable to the products displayed to you in the order process according to the design, equipment and configuration selected by you.
(5) The duration of your subscription is defined individually during the order process. The term can range from 3 to 24 months.
(6) The term of your subscription begins once the kite equipment is deemed delivered. This is the case when the shipping service provider commissioned by us has delivered the kite equipment to you or your authorized representative. If articles ordered in the same purchase process are not delivered to you at the same time as the equipment, but are delayed, this has no effect on the start of the term and does not entitle you to a reduction in rent.
(7) During the term of your subscription, you shall be obliged to immediately notify us of any changes to your personal details (e.g. new address following a move).
(8) The subscription cannot be terminated prematurely during the term. However, extraordinary termination for good cause is possible for both you and us at any time.
(9) Your subscription can be extended by agreement, provided that the material is not needed elsewhere or other hindrances exist. However, there is no right or guarantee for this.
§ 4 Board & Kite Swap
(1) During the term of your subscription you have the option to exchange all or parts of the products included in your subscription by swap options. The availability of the option depends on the current inventory and is therefore only possible by arrangement and not guaranteed.
(2) When swap options are claimed, a swap shall apply to the exchange of only one Product.
(3) In the case of a swap, only the exchange of a product for a product of the same equipment & price category is always permitted without adjustment of the subscription. If a swap to another category is desired, the subscription fee for the remainder of the term will be adjusted accordingly. Similarly, in the case of a swap, any price increase that may have taken place during the term of the contract will also have an effect. The current prices on the website at the time of the swap shall always apply.
(4) A handling fee will be charged for each swap, which is defined according to the prices shown on the website.
(5) Swaps are always picked up and shipped to your home address. Possible deviations from this are always to be agreed with us, without a guarantee of a deviation of the existing regulation.
§ 5 Pick N Kite
(1) Within the scope of an existing subscription, you can book Pick N Kite consisting of equipment in the sense of § 2 para. 3 via our online store or in the sense of § 2 para. 4 after a telephone call with us for an individually defined period of time during the order process. Pick N Kite is a separate independent contract and can be concluded and terminated independently of your subscription.
(2) Pick N Kite is offered exclusively at the worldwide destinations specified by us in the online store. Unfortunately, we cannot provide you with Pick N Kite at any destination not included there.
(3) We will provide you with the additionally booked products at the time agreed between you and us for collection from our partner at the destination selected by you. Unless otherwise expressly agreed with us, you must return the additionally booked products to our same partner at the end of the term of the Pick N Kite.
(4) The Pick N Kite package cannot be terminated prematurely during the term. However, an extraordinary termination for cause remains possible for you as well as for us at any time.
(5) For Pick N Kite, these General Terms and Conditions shall apply mutatis mutandis with the exception of the provisions on retention of title and subject to deviating provisions.
(6) A Pick N Kite reservation must be made at least two weeks before the planned use. Otherwise, neither the availability nor the estimated price can be guaranteed.
(7) The presentation and advertising of the Pick N Kite prices on our website do not constitute a legally binding offer to conclude a contract. A corresponding offer will be sent to you after checking the availability.
§ 6 Delivery, delivery area, shipping, availability of goods
(1) With the exception of the Pick N Kite package, orders and deliveries of your products shall only be possible within our delivery area and will be shipped to the delivery address specified by you during the order process, unless you have agreed otherwise with us. Our delivery area includes Germany, excluding islands.
(2) The delivery times stated by us on our website and/or during the order process shall be approximate. Therefore, they shall only be considered as approximately agreed and shall thus be approximate values.
(3) Should the products selected by you not be available in the corresponding configuration, design or features at the time of your order, we will inform you of this immediately in the order confirmation. Should you have selected a product of your equipment as new and should this not be available at the time of your order, we reserve the right, after consultation with you, to supply you with used goods in a comparable configuration, design or equipment. Should they be permanently unavailable, we shall refrain from a declaration of acceptance. In consequence, no contract is concluded between you and us. We shall inform you immediately and refund any consideration already received from you without delay.
(4) Should the products selected by you in the corresponding configuration, design or equipment or parts thereof be only temporarily unavailable, we shall also inform you of this immediately in the order confirmation.
(5) We shall bear the costs for the shipment of a cheapest standard delivery offered by us to our delivery area. Our delivery area includes Germany, exclusive islands. A delivery to other countries is also possible, provided you have agreed this with us prior to the effective conclusion of an order process. In this case, we shall reach an individual agreement with you regarding the shipping costs for both the outbound and the return shipment.
(6) Should our shipping service provider return your products to us because delivery to you was not possible, you shall bear the costs for the unsuccessful shipment. This does not apply if you effectively exercise your right of withdrawal, if you are not responsible for the circumstance that led to the impossibility of delivery, or if you were temporarily prevented from accepting the offered service, unless we have given you reasonable advance notice of the delivery.
(7) We reserve the right to withdraw from the contract in the event of incorrect or improper self- delivery. This shall only apply in the event that we are not responsible for the non-delivery and we have concluded a specific covering transaction with our own supplier with due diligence. However, we shall make all reasonable efforts to procure the products selected by you, including the corresponding individual parts. In the event of non-availability or only partial availability, we shall inform you of this immediately and reimburse any payments already made by you without delay.
(8) A self-collection is possible in agreement with us in general, but can not be guaranteed every day.
(9) We reserve the right to carry out a personal check at the front door by our shipping service provider. Should the name on the identity card not match your name stored in the customer account, we reserve the right not to hand over the products ordered by you and to cancel the contract.
§ 7 Partial deliveries and reservation of advance payment
(1) We shall be entitled to partial deliveries of your products, as far as this is reasonable for you. In particular, we may deliver your equipment and your articles separately.
(2) In the event of an order placed by customers resident or domiciled in a country other than Germany, or in the event of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the entire subscription rent (reservation of prepayment). Should we make use of the advance payment reservation, we shall inform you immediately. In this case, the delivery times stated on our website shall apply from the time you receive your first subscription installment.
§ 8 Prices
(2) In the case of a SEPA direct debit authorization or payment by credit card, we shall initiate the debit of your account at the earliest on the date specified in para. 1 and then debit your rent monthly.
(3) If a direct debit cannot be honored due to lack of funds or for other reasons for which you are responsible, or if it is subsequently revoked by you, you will be in default of the payment in question. You will receive a reminder from us to settle the due payment within 14 days. If the due amount is not paid within these 14 days, we reserve the right to assign a collection agency with the collection and to claim damages for delay. All additional administrative costs and extrajudicial collection costs shall be borne by you. With respect to merchants, our claim to the commercial due date interest (sec. 353 HGB) remains unaffected.
(4) The deadlines and measures specified in para. 3 shall also apply to payment on account.
(5) Entrepreneurs and merchants shall only be entitled to rights of set-off or retention insofar as their claims have been legally established or are undisputed. In the event of defects, your counter rights, in particular from sec. 13, shall remain unaffected.
§ 9 Retention of title
(1) The kite equipment remains our property during the entire contract period.
(2) All items become your property upon receipt of payment on our company account and receipt of the item by you and is independent of the term of your subscription.
§ 10 Purchase possibility
(1) In general, there is the possibility to purchase the used products after the end of your contract period. However, this is not a guarantee and must always be agreed with us individually.
(2) In this case, you must notify us in writing of your interest in a purchase no later than 14 days before the expiration of your contract term. A corresponding e-mail to our customer service is sufficient. We shall then contact you immediately, in particular to agree on the amount of the purchase price individually.
(3) However, you may only purchase the equipment or individual products thereof at the end of your contract term should we agree to the purchase following your declaration as defined in para. 2. We reserve the right not to give our consent without giving reasons. We will inform you of this immediately.
(4) Should the payment of the purchase price not have taken place within the specified period, we reserve the right to withdraw from the agreement to purchase or to take measures according to sec. 8 para.3.
§ 11 Termination, Return
(1) An ordinary termination of your contract as well as your Pick N Kite package with effect from the date before the end of the contract period is excluded.
(2) Your and our right to extraordinary termination of the contract without notice for good cause (sec. 314 BGB) shall remain unaffected. Good cause entitling us to terminate the contract without notice exists in particular if
a) you are in arrears with the payment of more than two consecutive rents or a non-substantial part of the rents;
b) you use the products made available to you contrary to the provisions of these TC;
c) you make false statements to us or repeatedly misuse our services (e.g. by deliberate false statements or repeated unauthorized repair requests).
(3) Any notice of termination must be in text form. An e-mail is sufficient for this purpose.
(4) Should you have cancelled your subscription extraordinarily, you may cancel your cancellation at any time before returning your kite equipment to us and reactivate your subscription free of charge by sending an e-mail to our customer service. After returning your kite equipment to us, however, a free reactivation is excluded.
(5) Unless you have agreed otherwise with us, you shall be obligated to return the equipment and any other items provided to you by us to us or – in the case of a corresponding message from us – to one of our partner companies without undue delay once the cancellation of your subscription becomes effective or the contract period expires. Should you return your kite equipment to us before the cancellation of your subscription becomes effective or before the end of the contract period, your rights from your subscription end at the time of the return. However, we reserve the right to continue to charge you for the rent accrued up to the effective date of the cancellation of your subscription.
(6) Should you fail to return the kite equipment to us in time for the effective date of the cancellation of your subscription, we shall charge you a late fee of EUR 10.00 per day, up to a maximum of EUR 100.00, until you (i) return your kite equipment to us, or (ii) reactivate your subscription in accordance with para. 4. You shall be allowed to prove that we have not suffered any damage or that the damage is significantly less than the late fee. We reserve the right to claim further damages.
§ 12 Compensation for a loss in value in the event of extraordinary terminations
In the event of an extraordinary termination by you within the meaning of sec. 11, we may, in addition to the loss of rent until the subletting of your products, also demand compensation from you for the difference resulting from a subletting at a lower rental amount. Such a lower rental amount may result from the fact that you have rented new goods from us, which we can subsequently only sublet as used goods at a lower rental rate.
§ 13 Warranty, duty to examine and to give notice of defects
(1) The statutory warranty for defects shall apply, unless otherwise provided below. For the sale of used products and articles, the limited warranty period of 12 months applies.
(2) Should delivered products have obvious material or manufacturing defects, including transport damage, you shall be obligated to immediately report these defects to our customer service or to the employee of our shipping service provider who delivers the products. In case of any damage or impairment of the rented products (including loss) during the contract period, you are obliged to inform our customer service within three working days. You can find the contact details in our online store. Should you fail to notify us, you shall be obligated to compensate us for the resulting damage.
(3) In the event of an initial defect, your claims for damages shall be limited to the amount of the rent agreed between you and us, unless we have fraudulently concealed the defect.
(4) After notification, you shall be required to send us the defective product for repair or maintenance in accordance with sec. 20.
(5) However, claims for defects shall not arise in the event of normal wear and tear, wear and tear due to use or damage resulting from incorrect or negligent handling or use by you and thus not taking into account the content of the contract between you and us, as a result of incorrect or improper installation or assembly if the installation or assembly is not owed by us, excessive stress, or which arise due to special external influences which are not assumed under the contract between you and us. Should repairs, modifications or repair work be carried out by you or by third parties improperly and without our prior permission, you shall also not be entitled to any claims for defects for these and the resulting consequences, unless you can prove that the defect in question was not caused by these modifications or repair work.
(6) Should you fail to notify us of a defect in one of the products made available to you or fail to notify us immediately, you shall be obligated to compensate us for any resulting damage. This includes all additional costs incurred by us in remedying the damage as well as claims for compensation by third parties which would have been avoided if you had notified us in good time.
§ 14 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable – unless otherwise stipulated in para. 3 – in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract (cardinal obligation). In the event of simple negligence, liability shall be limited to the foreseeable, typically occurring damage. Liability for indirect and consequential damages is excluded. In all other cases, liability is excluded subject to the provision in para. 3.
(3) Liability for damages arising from injury to life, body or health and under the German Product Liability Act shall remain unaffected.
§ 15 Rules of use, commercial use
a) You are obliged to treat the products provided to you for rental with care and only use them for their intended, normal use. When using your products, there are certain rules that you must follow at all times. In addition to the use of the products during kiting, the parking and storage of the products as well as their transport are also considered as use.
b) The use of the products is your sole responsibility. You are also responsible for being fit for the sport of kitesurfing and having the skills according to level 4 of the VDWS skill level system.
c) You are obliged to familiarize yourself with the operation of the products before using them.
d) Before each use, you must check the products for road safety, functionality and any defects. In particular, you must perform the usual and customary safety check of your equipment, as well as check the proper condition and functionality of the products. If a defect is present at the beginning of your use of the products or if a defect occurs during use, you must immediately cease or terminate the use of your equipment.
e) Unless otherwise agreed with us, the products provided to you are intended exclusively for your personal use and not for commercial use. You may therefore not provide them to third parties, allow third parties to use them in any other way or sell, lend, sublet, pledge, or otherwise encumber the products with securities or rights of third parties.
f) The products provided to you are high value items. You may therefore not damage or destroy them and may not carry out any conversions, varnishing, painting, or other changes.
g) You must effectively secure the products against theft: Unless you store the products in a lockable room in a building, in a vehicle, in a roof box or in a closed trailer with a metal case, locked and protected against unauthorized access by third parties, you must demonstrably secure the products with a steel cable (at least 8 mm thick steel core) or a chain of equal value (at least 5 mm thick steel core) and connect it by means of a safety lock to a fixed object secured against removal. In case of doubt, you must prove that you have secured the products against theft as described.
h) You may use your kite equipment worldwide without any restrictions. However, you may only use the products in a generally customary manner, avoiding unusual stress and only on the water.
i) You may not use the products while under the influence of drugs, medication, or alcohol.
j) You are obligated to always fully comply with all applicable legal regulations when using the products provided to you. In addition, you must always ensure that traffic safety is not impaired when using the products, that other persons are not endangered, damaged, or impeded, and that your products, the products of third parties or other property of third parties and other rights of third parties are not impaired, damaged, or endangered.
k) Unless otherwise agreed with us, you may not use the products as part of an official competition.
l) You are obliged to use and maintain the products in accordance with the instructions for use, for operation and for care provided by us or the manufacturer of the respective products. Thus, you are obligated to observe our care instructions, excerpted below, which we shall send to you together with any further use and care instructions to be observed as well as your order confirmation, when using the respective products. In particular, you must not over-inflate the chambers of the kite, install screws improperly, or use the products in wave or coastal breakers.
- Avoid any contact of the kite with sharp-edged stones, thorns, wood and other objects that can damage, puncture or tear the kite.
- Do not use stones or objects with sharp edges (such as boards with sharp edges or fins) to secure your kite to the ground.
- Avoid unnecessary UV exposure by not storing your kite in direct sunlight. Intense sunlight ages the material.
- Avoid prolonged exposure to wind and sun when your kite is not in use. Fluttering the kite in the wind and excessive UV exposure will shorten the life of your kite.
- Store your kite in the bag provided when not in use and try to pack the kite back into the bag as wrinkle free as possible to avoid kinks in the cloth.
- To carry your kite, turn it over so that the leading edge is upwind and the bottom is up. Do not let the tip ends drag on the ground.
- Always wash your kite with fresh water after use, especially in salt water.
- Do not allow water, dirt or sand to enter the bladder during cleaning.
- Never use harsh chemicals for cleaning and avoid contact with sunscreen.
- Allow your kite to dry completely before packing it up. Never store your kite wet or damp in the kite bag for a long period of time. Otherwise, there is a possibility of mold or color changes.
- Do not dry your kite in direct sunlight and protect the kite from temperatures above 45 degree Celsius during storage.
- Make sure that neither sand nor water gets into the air pump.
- Never use an air compressor to inflate your kite. Over-inflating will damage the kite and result in an insurance claim. Follow the manufacturer’s air pressure guidelines printed on the kite.
- Inspect your kite regularly for scratches or damage and contact us for small cracks. Small cracks can quickly become large cracks, so we should find a solution early.
- After each use of your kite bar, it is necessary to rinse the complete bar with clear fresh water. To wash out the quick release, pull the safety line back and forth in the QR channel. Move the quick release back and forth to remove sand or dried salt from the ceramic bearing and the gaps.
- Check that the quick release, safety line channel and ceramic bearings are clean and repeat the procedure if necessary.
- Avoid exposing your bar to temperatures above 45 degree Celsius. High temperatures can damage the structure of the lines and cause them to shrink.
- Make regular checks and verify that the flying lines are the same length. To do this, attach the ends of the flying lines to a hook. With the adjuster fully open, pull the bar towards the body. Now all lines must be the same length. If this is not the case, you can stretch them or compensate by swapping them.
- Before each launch, make sure that all safety systems including the quick release, safety line and their channel are always smooth-running and free of sand and debris.
TwinTip, Surfboard & Foilboard
- Your kiteboard whether TwinTip, surfboard or foilboard should be washed with fresh water after each session and dried in the shade.
- Avoid any contact of the board with sharp-edged stones, wood and other objects that can damage the surface and edges of your board.
- Expose your board to as little intense sunlight as possible on the beach.
- Store your board in a board bag to avoid unnecessary UV exposure, scratches, and additional wear and tear while your board is not in use.
- Make sure your board is completely dry before putting it in your board bag.
- Make sure that no sand or other dirt collects in the inserts and that they are always clean when your board is assembled.
- Check your board before and after each use. Make sure that the screws are tight and that there are no visible traces of tension on the components. If any components are defective or excessively worn, they must be replaced immediately. Any damage to the board must be properly sealed and repaired before further use. Please contact us to discuss the procedure.
- Avoid exposing your board to high temperatures, e.g. in an unventilated car. Do not store your board at temperatures above 45 degree Celsius.
- Avoid any contact of your foil wing with sharp-edged stones, thorns, wood and other objects that can damage, puncture or tear the foil wing.
- Do not use stones or objects with sharp edges (such as boards with sharp edges or fins) to secure your foil wing against flying away.
- Avoid unnecessary UV exposure by not storing your foil wing in direct sunlight. Intense sunlight ages the material.
- Stow your foil wing back in your included bag with as few wrinkles as possible to avoid kinks in the cloth.
- To carry your foil wing, turn it over so that the leading edge is upwind and the bottom is up. Do not let the tip ends drag on the ground.
- Always rinse your foil wing with fresh water after using it in the ocean.
- Do not allow water, dirt, or sand to enter the bladder during cleaning.
- Never use harsh chemicals for cleaning and avoid contact with sunscreen.
- Allow the foil wing to dry completely before packing it up. Never store your foil wing wet or damp in the foil bag for an extended period of time. Otherwise, there is a possibility of mold or color change.
- Do not dry your foil wing in direct sunlight and protect it from temperatures above 45 degree Celsius during storage.
- Make sure that neither sand nor water gets into the air pump.
- Never use an air compressor to inflate your foil wing. Over-inflation will damage the foil wing and result in an insurance claim. Follow the manufacturer’s air pressure guidelines printed on the foil wing.
- Inspect your foil wing regularly for scratches or damage and contact us for small cracks. Small cracks can quickly become large cracks, so we should find a solution early.
m) In the event that you have not complied with these rules of use, you assume responsibility in the event of any resulting damage to our products if non-compliance is due to your fault. The assumed responsibility includes, in any case, the obligation to repair the damage and to compensate for any losses incurred by third parties, as well as the reimbursement of damages to the damaged product. We shall be entitled to charge and set off against you the repair or replacement costs as well as the amounts paid to third parties resulting from damages under your responsibility. In case of theft or loss, sec. 19 para. 6 of this regulation takes precedence.
§ 16 Accidents
(1) In the event that you are involved in an accident with our products, you shall be obliged contact the police and notify us immediately of the accident as well as the damage to the products.
(2) You shall be responsible in the event of an accident or resulting damage to our products or any of its accessories or components if the accident or damage is your fault. In any case, the assumed responsibility shall include the obligation to remedy the damage and the compensation of any losses incurred by third parties, as well as the reimbursement of any damages to the damaged product, unless the insurance taken out by us compensates for the damage. We shall be entitled to invoice and charge you for the repair or replacement costs, the deductible incurred by us under our insurance of the damaged product (see sec. 22 para. 2) and the amounts paid to third parties arising from damage under your responsibility.
§ 17 Fines, Penalties, and Sanctions
(1) You shall be solely responsible for any violations you commit in connection with the use of your products and assume all fines, penalties and sanctions resulting therefrom.
(2) In order to defend our interests, we reserve the right to identify you to the authorities or the public administration if a violation of the law has been committed.
(3) We may collect from you costs resulting from violations you commit, including fines, penalties and legal fees paid by us.
(4) Failure to pay the amounts owed by you for the above matters shall result in the termination of the contractual relationship between us and you. We may also take action beyond these amounts to enforce further claims for damages and losses incurred in court.
§ 18 Your other obligations as a tenant
(1) At the end of the contract period, you shall be obliged to return to us the defect-free products including any accessories. For missing accessories or incomplete return you shall be obliged to pay a flat fee of EUR 15.00 We shall be at liberty to charge a higher fee equal to the actual cost of replacing a missing or defective component.
(2) By concluding the contract between you and us, you confirm that you have a place suitable for the usual storage of the rented products. This place must be properly secured by you against theft.
(3) In the event of damage to the products provided to you due to the (contributory) negligence of a third party, you are obliged to provide us with the identity and contact details of this third party. If the damage occurred in connection with an accident, you are obliged to send us an accident sketch signed by you and the third party. Please contact our customer service immediately. If you do not provide us with the contact details of the third party, even though they are known to you, we reserve the right to charge you in full for the damage incurred by us.
§ 19 Theft, Loss
(1) In case of theft or loss of the product or any of its accessories or components during the rental period, you must immediately contact our customer service in text form, report it to the competent authorities (usually the police) and send us a report confirmation.
(2) You shall also be obligated to assist us – to the extent reasonable and necessary – with respect to filing a report with the police or taking any other legal action.
(3) In the event of theft or loss of the products provided to you, we shall charge you a deductible per theft and loss, the amount of which is determined in accordance with sec. 21.
(4) If the product reported lost or stolen by you is recovered, we may, at our reasonable discretion and depending on the technical and optical condition of the recovered product, refund any excess paid by you. You are free to prove that we have not suffered any damage or that our damage is significantly lower than the excess paid by you. We reserve the right to claim further damages.
(5) Should you breach your obligations under this provision and, in particular, fail to notify us of the theft or loss of a product, we shall charge you an additional amount which is based on the amount of the fair value determined at our discretion for the respective product at the time of the theft or loss. You are free to prove that we have not suffered any damage or that our damage is significantly lower than the amount paid by you.
(6) Should you breach your obligations under sec. 15 g), should the non-compliance be due to your fault and should a theft or loss of the product or one of its accessories or components occur during the rental period, we shall also charge you an additional amount based on the fair value of the respective product at the time of the theft or loss as determined by us in our discretion. You are free to prove that we have not suffered any loss or that our loss is significantly less than the amount paid by you.
(7) In case of theft or loss of a product, you shall only be entitled to a new product should you not be responsible for the theft or loss.
(8) All articles are excluded from replacement by us in the event of theft or loss.
§ 20 Repair, replacement
(1) In accordance with this clause, you shall be entitled to free repairs of your kite equipment during the term of your contract. In the course of the repair, we shall determine at our reasonable discretion the type and scope of the repair or whether a product is to be replaced. A deductible in accordance with sec. 21 shall apply per repair. However, we may refuse a repair until you have paid any rent, fees, or other amounts to us.
(2) You may request a repair from our customer service. You can find the contact details in our online store. We will then arrange the further procedure with you individually. Necessary repairs will be carried out exclusively by ourselves or by authorized service partners unless we have agreed otherwise with you in the context of your defect notification.
(3) We shall bear the costs for the outward and return shipment of the kite equipment provided to you within the scope of a repair during your contract period in the event of two complaints. This expressly does not mean two complaints per product provided, but two complaints regarding the entire products provided within the scope of your kite equipment. Should you use more than these two free shipping claims, you shall have to pay the shipping costs for return shipping from the third claim on, or we shall charge you for these costs afterwards. Subject to deviating individual agreements between you and us, you shall also bear the shipping costs should you send us the defective product(s) from a location outside our delivery area.
(4) After the repair is completed, we shall return the kite equipment exclusively to your address on file with us, unless we have agreed otherwise with you.
(5) Should we decide to replace the kite equipment, we reserve the right to provide you with an alternative product of equal or higher value. In case of an exchange, you shall be obliged to return the respective product including any accessories.
(6) In case of a defect of your kite equipment you shall only be entitled to a repair if the defect occurred within the scope of your contractual use.
(7) Should you submit a repair request without being entitled to a repair, we reserve the right to charge you a fee of EUR 50.00 per incident and to invoice you for any shipping costs incurred.
(8) All articles are excluded from repair or replacement by us.
§ 21 Deductible
Your deductible is 10% of the damage or loss value but at least 50 EUR. If the insurance we have contracted does not cover the damage or loss due to your fault (not properly reported to the police in case of theft, etc.), your deductible is equal to the retail price of the equipment.
§ 22 Insurance
(1) You shall be obligated to take out private liability insurance that covers kitesurfing for the duration of the term of our contract.
(2) We have taken out insurance for you and our products. You will find the details of the insurance cover in the product information sheet enclosed with the order confirmation. We will gladly send you the detailed insurance conditions upon request.
§ 23 Advertising
We reserve the right to add advertising to your products at any time in our reasonable discretion. Should any advertising attached to or printed on the products provided to you be damaged, removed, illegible or otherwise no longer visible, you shall be obligated to notify us immediately.
§ 24 Data Protection Information, Notification of Registration
(1) We collect, process, and use your personal data, in particular your contact details for the processing of your order, including your e-mail address, if you provide it to us. To check your creditworthiness, we may use information (e.g. also a so-called score value) from external service providers to help us make a decision and make the payment method or the conclusion of the contract dependent on this. The information also includes information about your address. This is done for the purpose of contract processing, art. 6 para. 1b) DSGVO (German Data Protection Act).
(2) We would also like to point out that, in accordance with art. 6 para. 1f) DSGVO, we may transfer data on unpaid receivables to SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden, Germany, where it may be taken into account in the determination of probability values (scoring), provided that you have been reminded in writing at least twice after the debt became due, the first reminder was sent at least four weeks ago and you have not disputed the debt.
(3) We would also like to point out that, when taking out an insurance policy for you and the products made available to you, we shall forward your data to the respective insurance company or the corresponding insurance broker for the purpose of taking out the insurance policy, and thus for the purpose of processing and fulfilling your contract with us. Furthermore, should we deem it necessary, we may forward your data in the event of a claim to our respective insurance company or the respective insurance broker, who will then contact you directly for enquiries or information, if necessary.
§ 25 Salty Rewards
(1) Should the products you return to us at the end of the contract period be in good condition, have no damage or defects, show minimal signs of use, and have been used in accordance with our or the manufacturer’s instructions for use and care, we shall consider rewarding you with Salty Rewards. A decision as to whether your returned products meet our requirements for rewards shall be made at our sole and equitable discretion.
(2) Our Salty Rewards are changing products. The selection of the product with which we would like to reward you is up to us.
(3) In the event of early termination or revocation, there shall be no Salty Rewards.
(4) A reward with Salty Rewards shall be made at our reasonable discretion. However, you do not have a claim to this.
§ 26 Right of revocation, revocation instruction
(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which we inform you of below in accordance with the German statutory model. The exceptions to the right of withdrawal are regulated in para. 2.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (Salty Lemon GmbH, Guerickeweg 20, 22307 Hamburg, Germany, Tel.: +49 (0)40 82211940, E-Mail: [email protected] by means of a clear declaration (e.g. a letter sent by mail or e-mail) about your decision to revoke this contract. You may use the attached sample withdrawal form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
Should you revoke this contract, we shall reimburse you for all payments we have received from you, including any delivery costs incurred by you (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of 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 because of this repayment. We may refuse the repayment 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 in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
We bear the cost of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
(2) The right of revocation shall not apply to distance contracts
a) for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
b) for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery.
§ 27 Final provisions
(1) Contracts between you and us shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which you have your habitual residence as a consumer, shall remain unaffected.
(2) Should you be a merchant, the place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our place of business in Hamburg, Germany. The same applies should you be an entrepreneur. Overriding statutory provisions shall remain unaffected.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.
(4) The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online contracts. More information is available at the following link: http://ec.europa.eu/odr. However, we are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.