Terms of service

General Terms and Conditions

1. Scope

The following General Terms and Conditions apply to all orders placed by consumers and businesses via our online shop.

A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

With respect to businesses, these General Terms and Conditions shall also apply to future business relationships without us having to refer to them again. If the business uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

2. Contract partner, conclusion of contract

The purchase contract is concluded with FEBATEX GmbH.

By listing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.

3. Contract language, storage of contract text
The languages available for concluding the contract are German and English.

We store the contract text and send you the order data and our General Terms and Conditions by email. You can view the contract text in our customer login area.

4. Delivery conditions

Shipping costs are added to the stated product prices. Details about the amount of the shipping costs can be found in the offers.

We only deliver by shipping. Unfortunately, collection of the goods in person is not possible.

5. Payment

The following payment methods are generally available in our shop:

Advance payment
If you choose advance payment, we will provide you with our bank details in a separate email and deliver the goods after receipt of payment.

PayPal, PayPal Express
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your login details, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
The payment transaction is then carried out automatically by PayPal immediately afterwards. Further information is provided during the ordering process.

PayPal Plus
As part of the PayPal Plus payment service, we offer you various payment methods as PayPal Services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm PayPal's use of your data, and confirm the payment instruction to PayPal.

If you have selected PayPal as the payment method, you must be registered there or register first and authenticate yourself with your login details in order to pay the invoice amount. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. Further information is provided during the ordering process.

If you have selected credit card as the payment method, you do not need to be registered with PayPal in order to pay the invoice amount. The payment transaction is carried out immediately after confirmation of the payment instruction and after your authentication as the lawful cardholder by your credit card company at PayPal's request, and your card is charged. Further information is provided during the ordering process.

If you have selected the payment method Direct debit you do not need to be registered with PayPal in order to pay the invoice amount. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the date on which your account will be debited (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. Further information is provided during the ordering process.

If you have selected the payment method invoice, you do not need to be registered with PayPal in order to pay the invoice amount. After successful address and creditworthiness checks and placement of the order, we assign our claim to PayPal. In this case, payment can only be made to PayPal with discharging effect. For payment processing via PayPal, PayPal's General Terms and Conditions and Privacy Policy apply in addition to our General Terms and Conditions. Further information and PayPal's full General Terms and Conditions for purchase on invoice can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.

Sofort
After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to pay the invoice amount via Sofort, you must have an online banking account activated for participation in Sofort with PIN/TAN procedure, authenticate yourself accordingly, and confirm the payment instruction to us. Further information is provided during the ordering process. The payment transaction is carried out by Sofort immediately afterwards and your account is debited.

6. Retention of title

The goods remain our property until full payment has been made.
In addition, the following applies to businesses: We retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice total, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect the claims ourselves insofar as you fail to meet your payment obligations.

7. Transport damage

The following applies to consumers:
If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or to contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.

The following applies to businesses:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. Among merchants, the duty to inspect and give notice of defects governed by Section 377 of the German Commercial Code (HGB) applies. If you fail to give the notice regulated there, the goods shall be deemed approved unless the defect was not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.

8. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply. For consumers, the limitation period for defect claims for used goods is one year from delivery of the goods.
For businesses, the limitation period for defect claims is one year from the transfer of risk; the statutory limitation periods for the right of recourse under Section 478 of the German Civil Code (BGB) remain unaffected.
With respect to businesses, only our own statements and the manufacturer's product descriptions that were included in the contract shall be deemed an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising claims.
If the delivered item is defective, we shall initially provide warranty to businesses, at our discretion, either by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortening of time limits do not apply to claims arising from damage caused by us, our legal representatives, or vicarious agents

• in the event of injury to life, body, or health
• in the event of intentional or grossly negligent breach of duty and fraudulent intent
• in the event of breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, if agreed
• insofar as the scope of application of the Product Liability Act is opened.

Information about any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints, and objections by email at info@sk8erboy.com

9. Liability

For claims arising from damage caused by us, our legal representatives, or vicarious agents, we shall always be liable without limitation

• in the event of injury to life, body, or health,
• in the event of intentional or grossly negligent breach of duty,
• in the case of guarantee promises, if agreed, or
• insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations), caused by slight negligence on our part, by our legal representatives, or by vicarious agents, liability shall be limited in amount to the damage foreseeable at the time the contract was concluded and the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

Shipping method "Deutsche Post Warenpost International (not insured). If you select this shipping method, shipping is uninsured and only includes limited tracking. Shipping is at the buyer's own risk unless we ourselves are responsible for the loss or damage of the shipment (e.g. due to incorrect addressing or inadequate packaging). Compensation or reimbursement in the event of loss or damage during shipping is therefore not possible.

10. Dispute resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

General Terms and Conditions created with rechtstexter.de.