Terms and conditions
Manager: Jan Sibbersen
64319 Pfungstadt / Germany
Phone +49 (0) 6157 40 21 700
USt-ID: DE 262 663 383
Register of companies: HRB 87354 AG Darmstadt
For the business relationship between the onlineshop sailfish-shop.com customer and the sailfish Ltd apply only the terms and conditions of the latest version at that time. The version concerned will be send to the customer together with the goods.
The offers of the sailfish-shop.com shop are subjects to change. By updating the product range on the webpage, all former offers lose their validity.
§3 Realization of the contract
§3.1 The contract between customer and sailfish will only be realized by an order of the customer and its acceptance by sailfish. The customer‘s order has to be done online by completing and submitting the by sailfish provided form. By clicking on the „Submit order“ button the customer makes a binding order. The contract will be concluded once the customer receives our separate order confirmation or the delivery of the order.
§3.2 sailfish reserves the right not to provide the promised service in case of unavailability. In this case, sailfish informs the customer immediately about the unavailability and reimburses payments already made.
§4.1 The prices valid are those at the time of placing the order. All prices are including VAT.
§4.2 The presentation of the products in our online shop does not constitute a legally binding offer, but a not binding online catalog.
§5 Delivery and shipping charges
§5.1 Delivery is performed either by DHL or UPS. The customer is responsible for the correct details of the shipping address. In case the order is undeliverable, sailfish reserves the right to assert the damages caused.
§5.2 If appearance or structure of the ordered products change slightly, sailfish is still entitled to deliver them, as long as it is equal.
§5.3 Partial deliveries are permitted. sailfish reserves the right to deliver greater amounts in denominations of smaller packaging units. In these cases the shipping fee will charged only one time.
§5.4 For delivery to the customer’s shipping address sailfish calculates the purchase price plus shipping charges. This charge is 5,- Euro for deliveries within Germany. For orders above 20,- Euro there is no delivery charge within Germany. For deliveries in the EU the charge is 15,- Euro for orders below 50,- Euro. For international deliveries the shipping charge is 35,- Euro.
§5.5 Delivery or service dates are not binding, unless a written order confirmation provides otherwise. sailfish is always striving to deliver ordered products within three working days, as long as the products are on stock.
§5.6 Provided that written delivery date is mentioned in the order confirmation, the delivery time begins by sending the order confirmation. The delivery time is kept, when the products are send out within that time. In case of difficulties in making the delivery due to force majeure, official actions or interruption of operation, the delivery time shall be extended by the duration of the disruption.
§6 Return/ Right to revocation
§6.1 Without giving reasons you are allowed to cancel your contract within 14 days in writing by letter, fax or email, or, if you already received the products before the expiration of time by returning them. The expiration of time starts after receipt of this instruction in textform, however not before receiving the products (in case of recurring deliveries of smiliar goods not before receipt of the first partial delivery) and not before fulfilling our disclosure duty according to article 246 § 2 in connection with § 1 par. 1 and 2 Introductory Act tot he German Civil Code. To protect the revocation period it is sufficient to send the revocation or the products back in time.
The cancellation hast to be targeted at:
§6.2 Cancellation consequences
In case of an effective cancellation the benefits received on both sides and any advantages (eg interest) are to be returned. In case you can return the received services only partial or in deteriorated condition, you have to pay as much as compensates the lost value.
In addition you can avoid the obligation of paying compensation for a determination by using things not as your property and omitting everything which impairs the value.
Products fit for transport are tob e returned at our risk. You have to bear the costs of returning the goods, if the delivered goods correspond to the returned ones and if the price does not exceed an amount of 40 Euro or if the price is higher than 40 Euro and at the time of the revocation you have not raised a payment in return or a contracted partial payment.
Otherwise the return shipment is free for you.
Products which are not fit for transport will be picked up at yours. Obligations to reimburse payments must be fulfilled within 30 days. For you these 30 days start with sending your cancellation of the contract, for us with receiving your returned goods.
§6.3 There is no right of return for goods which are clearly tailored to your personal needs or which are unsuitable to send back due to their nature, spoil quickly or whose expiration date has passed. This is also valid for audio- and video recordings or software, if the delivered data carriers have been unsealed by the customer.
§7.1 By sending the ordert he purchase price is due. The price consists oft he pruchase price and shipping costs, as fas as it is charged. The debit occurs with acceptance of the order.
§7.2 German customers can pay by credit card, advance payment or cash on delivery. For customers from other European countries payment can be made by credit card or advance payment.
§7.3 For partial deliveries sailfish may require a pro rata payment in accordance with previous deliveries.
§8 Compensatory damages for non-performance
§9.1 The warranty period is 2 years from receiving the products. sailfish only guarantees for defects that come up during the passing of a risk. The standard commercial and technical unavoidable deviations in quality do not justify any warranty claims.
§9.2 A defect at the products has to be notified in writing. Obvious defects must be notified within 2 weeks after receiving the goods. The period for claims is granted by sending the notice of defect. Recipient oft he notice of defects and defective goods is
§9.3 In case of defects sailfish is entitled to choose between two options, either to repair the defect or to replace the product. If the repair fails or sailfish is not able to replace the product or if there is a delay beyond a reasonable period of time, caused by reasons sailfish is responsible for, the customer gets the options either to cancel the contract (rescission) or to get a reduction oft he purchase price.
§9.4 The costs of returning the goods are borne by the customer. Are the complaints legitimate sailfish will refund these costs.
§9.5 sailfish only pays indemnity if the damage was caused by intent or gross negligence or if a breach of essential contractual obligations is given.
§10 Reservation of ownership
§10.1 The delivered goods remain property of sailfish until full payment of the delivered products and all other goods of the same order.
§10.2 The assertion of the reservation of ownership as well as the distraint of delivered products are not valid to withdraw from the contract, unless the provisions of §§ 355 et seq German Civil Code are used or sailfish explicit declares this.
§11 Foreign Deliveries
§10.1 In general, we do not provide forms for reimbursement of sales tax abroad. Customers who export goods from the EU can only be refunded the VAT if they submit a proper stamped export certificate together with the original invoice. Only when we have received the stamped export certificate we can refund the VAT. As a processing fee, we have to charge € 30, - due to the considerable administrative expenses and the bank fees incurred. This amount is deducted from VAT reimbursement.
§12.1 We use your personal data to process your order. All customer information will be stored and processed in accordance with relevant regulations oft he Federal Data Protection Act and the Teleservices Data Protection Act.
§12.2 Will will not share your personal data including your home and email address without your explicit and at any time revocable consent to third parties. Our service partners are excluded from this, due tot he fact that they need the transmission of data for ordering processes (eg the staff responsible for shipping and those responsible for settlement). In theses cases the amount of transferred data is limited to a necessary minimum.
§121.3 Your account- and credit card information will not be stored.
§12.4 The contract text will be stored, but the order details will not be accessible via internet.
§12.5 The customer has a right to information, rectification, blocking and deletion of stored data. To do so the customer can send an email with his request to email@example.com/span> or by mail tot he above mentioned address.
§12.6 When registering fort he newsletter we will store your e-mail-address for purposes of advertising and market research until you subscirbe yourself from the newsletter.
§13.1 The legal relationship oft he parties is governed by German law.
§13.2 Place of jurisdiction and fulfillment is Darmstadt in case the customer is a businessman. Towards other customers the place of jurisdiction is based on legal provisions.
§13.3 Any invalidity of any provision of these Terms and conditions shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by provision that most closely matches the intended economic meaning oft he invalid provision. The same is valid for possible gaps which need to be filled in.