Terms and Conditions
§ 1 SCOPE
1.1
The following General Terms and Conditions (hereinafter referred to as "GTC") in the version valid at the time of the order shall apply to the contractual relationship between Sea to Summit Switzerland GmbH, c/o Findea AG, Zweigniederlassung Basel, Steinenvorstadt 33, 4051 Basel, Switzerland (hereinafter referred to as "SEA TO SUMMIT", “us”, “our/s”) and the customer (hereinafter referred to as "Customer"), which is based on a conclusion of a contract for the purchase and delivery of products via the website of SEA TO SUMMIT, to be found at seatosummit.eu (hereinafter referred to as "Online Shop").
1.2
Customers within the meaning of these GTC are consumers.
§ 2 REGISTRATION
2.1
In the Online Shop, the Customer can place an order via a guest account or as a registered Customer. For registration, the Customer must enter his address and communication data in the relevant form.
2.2
The Customer is responsible for providing truthful and complete information when providing the required personal data. Personal login data must be treated confidentially and must not be made accessible to unauthorised third parties.
2.3
Each Customer may only maintain one Customer account at the same time. SEA TO SUMMIT has the right to delete multiple registrations, to warn Customers who violate this provision and to terminate Customer accounts.
§ 3 CONCLUSION OF CONTRACT
3.1
The products in our Online Shop represent legally non-binding offers and serve as an invitation to submit an offer.
3.2
The Customer can select products from the SEA TO SUMMIT collection and place them in the shopping cart using the "Add to cart" button. The product selection can be altered, e.g. deleted, within the shopping cart using the relevant functions of the Customer’s internet browser. The "Checkout" button within the shopping cart takes the Customer to the online ordering process.
3.3
During the ordering process, the Customer is requested to provide the necessary information, in particular regarding the delivery address, billing address and method of payment. The Customer can enter this information via a guest access or the Customer account (§ 2). The Customer is obliged to provide truthful and complete information.
3.4
Before the Customer can submit a binding offer to purchase the products in the shopping cart by clicking the button to conclude the purchase process (“Pay Now Button”), the Customer, will be informed about the General Terms and Conditions, as well as the withdrawal right instruction and the privacy policy on the page "Review order" in the ordering process and confirms his acknowledgement by the subsequent step.
3.5
The Customer then submits a binding offer to purchase the products in the shopping basket by clicking the Buy-Now-Button. Before submitting the order, the Customer can change or view the provided data or cancel the order process using the related browser function.
3.6
SEA TO SUMMIT is entitled to accept the Customer's order within 3 days of receipt by sending an order confirmation in text form (e.g. e-mail), in which SEA TO SUMMIT confirms acceptance of the order to the Customer ("Order Confirmation"), or by delivery of the products.
3.7
SEA TO SUMMIT sends the contract text including these GTC, the withdrawal right instruction, the information on shipping costs, the delivery and payment terms, the pre-contractual information, as well as other contractual provisions to the Customer in text form (e.g. e-mail, fax or letter), at the latest with the delivery of the products. These GTC are accessible in the Online Shop. The Customer can print out the contract text before submitting the order to SEA TO SUMMIT by using the print function of its browser in the last step of the order.
§ 4 DELIVERY
4.1
Delivery times stated by us in our Shipping Policy and during the purchase process are calculated from the time of our Order Confirmation.
4.2
SEA TO SUMMIT only delivers within the Federal Republic of Germany to the address provided by the Customer, as well as to the countries listed conclusively in our Shipping Policy.
4.3
Customers are informed about delivery times and delivery restrictions in our Shipping Policy.
4.4
SEA TO SUMMIT is entitled to partial deliveries which are reasonable for the Customer. Thus, a partial delivery is permissible if the partial delivery is usable for the Customer within the scope of the contractual purpose, the delivery of the remaining ordered products is ensured, and the Customer does not incur any additional expenditure or additional costs as a result.
§ 5 RETENTION OF TITLE
The delivered products remain the property of SEA TO SUMMIT until payment has been made in full.
§ 6 PRICES AND SHIPPING COSTS
6.1
All prices stated in the Online Shop include the applicable statutory VAT.
6.2
Applicable shipping costs are displayed to the Customer in the order process as a flat shipping rate and are to be borne by the Customer. Costs for packaging are already included in the respective flat shipping rate.
§ 7 PAYMENT MODALITIES
7.1
The Customer can choose from the range of available payment during the order process. The available payment methods can be viewed in advance in the Online Shop.
7.2
If third-party providers are commissioned with payment processing, e.g. PayPal or credit card companies, their relevant general terms and conditions and payment terms apply.
7.3
The Customer's obligation to pay interest on arrears does not preclude SEA TO SUMMIT from claiming further culpably caused damages.
§ 8 EXTENDED WARRANTY
In case of defects in material or title in our products, the Customer is entitled to statutory warranty rights. These statutory warranty rights include, a right to repair or replacement of a product, a right to reduce the purchase price, a right to cancel the contract or a right to be reimbursed for damages. The statutory warranty period is two years starting from delivery of the product.
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The following information is for Customers habitually residing in the Netherlands only: The statutory warranty period equals the period during which it may reasonably be expected that the product remains in conformity with the contract and the statutory conformity requirements. For products to which a statutory warranty period applies of less than 5 years from the date of purchase, SEA TO SUMMIT offers the extended warranty set out below. The following information is for Customers habitually residing in France only: The consumer has a period of two years from the date of delivery of the goods in which to obtain performance of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer only has to prove the existence of the lack of conformity and not the date on which it occurred. If the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to this digital content or digital service throughout the period of supply provided for. During this period, the consumer shall be required to prove only the existence of the lack of conformity affecting the digital content or digital service and not the date of its appearance. The legal guarantee of conformity requires the trader to provide, where appropriate, any updates necessary to maintain the conformity of the goods. The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced free of charge and without major inconvenience within thirty days of the consumer's request. If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the original guarantee. If the consumer asks for the goods to be repaired but the trader requires them to be replaced, the legal guarantee of conformity is extended for a period of two years from the date on which the goods are replaced. The consumer may obtain a reduction in the purchase price by keeping the goods or rescind the contract by obtaining a full refund in exchange for the return of the goods if 1. The trader refuses to repair or replace the goods; The consumer shall also be entitled to a reduction in the price of the goods or to rescind the contract if the lack of conformity is so serious that it justifies an immediate reduction in the price or rescission of the contract. In such cases, the consumer is not obliged to request repair or replacement of the goods first. The consumer shall not be entitled to rescind the contract if the lack of conformity is minor. Any period of immobilization of the goods pending their repair or replacement shall suspend the guarantee which remained in force until the delivery of the repaired goods. The aforementioned rights result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code. Any seller who obstructs the application of the legal guarantee of conformity in bad faith is liable to a civil fine of up to €300,000, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the Consumer Code). Consumers also benefit from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund if the goods are returned. |
For purchases made on or after 15 March 2023 on www.seatosummit.eu, SEA TO SUMMIT offers an extended warranty to Customers if a product defects in material. With this extended warranty, SEA TO SUMMIT extends the statutory warranty period to a total of five years from the date of purchase.
Please refer to the Warranty Policy in our Online Shop for further information on how to exercise your warranty rights. The Warranty Policy in our Online Shop, as applicable at the date of your purchase, forms an integral part of the contract of sale between SEA TO SUMMIT and you.
§ 9 LIABILITY
Our statutory liability shall remain unaffected.
§ 10 DATA PROTECTION
SEA TO SUMMIT processes personal data of its Customers in accordance with its Privacy Policy. The Privacy Policy contains detailed information on how SEA TO SUMMIT processes personal data and the Customer’s privacy rights.
§ 11 RIGHT OF WITHDRAWAL
11.1
As consumers, our Customers generally have a right of withdrawal when entering into a distance contract for the purchase of goods as set out in § 11 of the GTC.
11.2
Distance contracts are contracts in which SEA TO SUMMIT or a person acting in the name or on behalf of SEA TO SUMMIT and the consumer exclusively use means of distance communication for the contract negotiations and the conclusion of the contract, unless the conclusion of the contract does not take place within the framework of a sales or service system organised for distance sales.
11.3
The Customer’s statutory right of withdrawal does not apply to our products which are not prefabricated, but 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.
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- START OF THE RIGHT OF WITHDRAWAL INSTRUCTION - Right of Withdrawal You have the right to withdraw from 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 goods or – in the case of a purchase of multiple goods which you have ordered as part of a single order, but which are delivered partially – 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 Sea to Summit Switzerland GmbH, c/o Findea AG, Zweigniederlassung Basel, Steinenvorstadt 33, 4051 Basel, Switzerland, tel.: +49 (0) 521 988 744 34, e-mail: info@seatosummit.eu by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period. Consequences of Withdrawal If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal 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 for this repayment. We may refuse repayment until we receive 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 Uhlhorn GmbH & Co. KG, c/o Sea to Summit Switzerland GmbH, Sulinger Str. 1, 27239 Twistringen, Germany without delay and in any case 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 the goods before the end of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods. - END OF THE RIGHT OF WITHDRAWAL INSTRUCTION - |
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SAMPLE RIGHT OF WITHDRAWAL FORM If you wish to withdraw from the contract, please fill in and return this form to Sea to Summit Switzerland GmbH, c/o Findea AG, Zweigniederlassung Basel, Steinenvorstadt 33, 4051 Basel, Switzerland, e-mail: info@seatosummit.eu. I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods/the provision of the following service (*):
Ordered on (*)/received on(*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of communication on paper):
Date:
(*) Delete where inapplicable. |
§ 12 FINAL PROVISIONS
12.1
The contract between SEA TO SUMMIT and the Customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the Customer is a consumer habitually residing in an EU Member State or within the EEA or Switzerland, the Customer shall benefit from any mandatory provisions of the law of the country in which the Customer is resident. Nothing in these GTC shall affect a Customer’s rights as a consumer to rely on such mandatory provisions under applicable local laws.
12.2
The EU Commission provides a platform for out-of-court dispute resolution which provides the opportunity to initially resolve disputes in connection with the online order without the involvement of a court. The dispute resolution platform is accessible under the external link http://ec.europa.eu/consumers/odr/. If you are a resident of the Czech Republic, you as a consumer may contact an alternative dispute resolution body, Czech Trade Inspection, under the external link: https://www.coi.cz/en/information-about-adr/. SEA TO SUMMIT is not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
12.3
The Customer can bring any dispute which may arise under these GTC to either the competent court of Germany, or to the competent court in the country of the Customer’s habitual residence if this country of habitual residence is within an EU Member State, the EEA or Switzerland.
12.4
Should you have any queries, you can reach SEA TO SUMMIT under the following contact details:
Address: Sea to Summit Switzerland GmbH, c/o Findea AG, Zweigniederlassung Basel, Steinenvorstadt 33, 4051 Basel, Switzerland
E-mail: info@seatosummit.eu
Telephone number: +49 (0) 521 988 744 34
Last update: 16.04.2024
