General terms and conditions
Provider Identification
sailfish GmbH
Managing Director: Jan Sibbersen
Werner-von-Siemens-Str. 35
64319 Pfungstadt / Germany
WhatsApp: +49 160 65 81 683
Telephone: +49 (0) 6157 40 21 700
Email: info@sailfish.com
Tax Number: 007/243/08015
VAT ID: DE 262 663 383
Commercial Register: HRB 87354 AG Darmstadt
General Terms and Conditions with Customer Information
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Place of Jurisdiction
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of sailfish GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own conditions is hereby objected to, unless something else has been agreed.
1.2 These GTC apply accordingly to contracts for the delivery of vouchers, unless expressly regulated otherwise.
1.3 These GTC apply accordingly to contracts for the delivery of tickets, unless expressly regulated otherwise. These GTC only regulate the sale of tickets for certain events described in more detail in the Seller’s item description and not the execution of these events. For the execution of the events, only the statutory provisions in the relationship between the Customer and the organizer apply, as well as, if applicable, differing conditions of the organizer. If the Seller is not also the organizer, it is not liable for the proper execution of the event, for which the respective organizer is solely responsible.
1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated in the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the order process.
2.3 The Seller can accept the Customer’s offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting the Customer to make payment after placing their order.
If several of the aforementioned alternatives occur, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within this period, this is deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer after submission of their order together with these GTC in text form (e.g. email, fax or letter). In addition, the contract text is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected customer account by entering the corresponding login data, provided that the Customer has created a customer account in the Seller’s online shop before submitting their order.
2.5 Before submitting the binding order via the Seller’s online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until clicking the button concluding the order process.
2.6 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 You have the right to withdraw from this contract within fourteen days without giving any reason.
3.3 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 possession of the last goods or partial shipment.
3.4 The costs of return shipment are regulated as follows:
– within Germany: free of charge
– within the European Union: flat rate €5.00
– outside the European Union: flat rate €10.00
The corresponding costs will be communicated to the Customer as part of the return process.
3.5 If you withdraw from this contract, we shall reimburse to you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal.
For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise.
3.6 We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods.
3.7 You must return the goods without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal.
3.8 You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, characteristics and functioning of the goods.
4) Prices and Payment Terms
4.1 All stated prices are total prices and include statutory value added tax, unless otherwise stated.
4.2 In the case of deliveries outside the European Union, prices are stated net. Any import duties, customs duties and taxes are to be borne by the Customer.
4.3 The payment option(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 In the case of payment by means of a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the validity of the PayPal terms of use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – under the validity of the conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 If the payment method credit card is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the credit card payment method is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the Customer’s specified credit card account. In the case of assignment, payment can only be made to secupay AG with discharging effect. The credit card is charged immediately after the Customer’s order is sent in the online shop. The provider remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, withdrawal declarations and dispatches or credit notes, even when selecting the credit card payment method via secupay AG.
5) Delivery and Shipping Conditions
5.1 The delivery of goods is carried out by shipping to the delivery address specified by the Customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the Seller’s order processing is decisive. As a rule, different shipping costs are charged per country.
5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service, unless the Seller had announced the service to them a reasonable time in advance. Furthermore, this does not apply with regard to the costs for the outward shipment if the Customer effectively exercises their right of withdrawal. For return costs, the regulation made in the Seller’s cancellation policy shall apply in the event of effective exercise of the right of withdrawal by the Customer.
5.3 Self-collection is not possible for logistical reasons.
5.4 Vouchers are provided to the Customer as follows:
by email
5.5 Tickets are provided to the Customer as follows:
by email
by post
5.6 Shipping costs in the case of partial return (partial withdrawal)
If the Seller grants free shipping from a certain order value, this only applies if the relevant minimum order value remains after exercising a right of withdrawal.
If the Customer exercises their right of withdrawal only with regard to part of the ordered goods and the value of the goods remaining with the Customer falls below the free shipping threshold as a result, the Seller reserves the right to subsequently charge the originally waived shipping costs.
The decisive factor in this respect is the order value of the goods ultimately retained by the Customer.
6) Retention of Title
If the Seller makes advance performance, it reserves ownership of the delivered goods until full payment of the owed purchase price.
7) Liability for Defects (Warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.
7.2 For used goods, the limitation period for defect claims is one year from delivery of the goods to the Customer. The shortening of the limitation period does not apply:
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- for goods which, in accordance with their usual use, have been used for a building and have caused its defectiveness.
7.3 The Customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer fails to do so, this has no effect whatsoever on their statutory or contractual defect claims.
7.4 Any additional guarantees granted by the manufacturer remain unaffected. Details can be found in the respective guarantee conditions or product information.
8) Redemption of Promotional Vouchers
8.1 Vouchers issued free of charge by the Seller as part of promotional campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter "promotional vouchers") can only be redeemed in the Seller’s online shop and only within the specified period.
8.2 Promotional vouchers can only be redeemed by consumers.
8.3 Individual products may be excluded from the voucher campaign if such a restriction results from the content of the promotional voucher.
8.4 Promotional vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.
8.5 Only one promotional voucher can be redeemed per order.
8.6 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.
8.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
8.8 The balance of a promotional voucher is neither paid out in cash nor does it accrue interest.
8.9 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
8.10 The promotional voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the promotional voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the lack of entitlement, incapacity, or lack of authorization of representation of the respective holder.
9) Redemption of Gift Vouchers
9.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter "gift vouchers") can only be redeemed in the Seller’s online shop, unless otherwise stated in the voucher.
9.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining balances will be credited to the Customer until the expiry date.
9.3 Gift vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.
9.4 Multiple gift vouchers can also be redeemed in one order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.
9.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
9.7 The balance of a gift voucher is neither paid out in cash nor does it accrue interest.
9.8 The gift voucher is transferable. The Seller may perform with discharging effect to the respective holder who redeems the gift voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the lack of entitlement, incapacity, or lack of authorization of representation of the respective holder.
10) Applicable Law
10.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.
11) Place of Jurisdiction
If the Customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s place of business. If the Customer has its registered office outside the territory of the Federal Republic of Germany, the Seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. In the above cases, however, the Seller is in any case entitled to call the court at the Customer’s place of business.
12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link:
https://consumer-redress.ec.europa.eu/index_en
This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.