General terms and conditions of business

General terms and conditions of business

1. Scope of application

The following terms and conditions apply to all orders placed via our online shop.

2.Contractual partner, conclusion ofcontract

The purchase contract is concluded with Whitecaps Products GmbH.

With the placement of 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 cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the ordering process. After sending your order, you will receive an order confirmation from us by e-mail. This confirmation of receipt does not represent an acceptance of your offer, but is only intended to inform you that we have received your order. The purchase contract is only concluded by sending the items you have ordered.

3. Unavailability of the service

3.1 Each offer is subject to self-supply; If the ordered goods are not available, because Whitecaps Products GmbH at the time of the conclusion of the contract unforeseeable and through no fault of its supplier is not supplied, Whitecaps Products GmbH has the right to withdraw from the contract. In this case, Whitecaps Products GmbH shall inform the customer immediately that delivery is not possible and reimburse him immediately any purchase price already paid. This right only exists vis-à-vis consumers if Whitecaps Products GmbH has concluded a specific covering transaction and was unexpectedly not supplied by the supplier.

3.2 A liability for damages due to non-fulfilment is excluded, insofar as Whitecaps Products GmbH has acted neither grossly negligent nor intentionally with regard to the lack of availability, a possible liability due to pre-contractual fault (c.i.c.) remains unaffected. In the event of a wrong delivery within the meaning of § 434 III BGB, the consumer is entitled to the statutory rights without restriction.

4. Contract language, contract text storage

The language available for the conclusion of the contract is German.

We save the text of the contract and send you the order data and our terms and conditions by e-mail. You can view the contract text in our customer login.

5. Terms of delivery

Shipping costs are added to the indicated product prices. You can find out more about the shipping costs in the offers.

5.1. returns. In certain cases your return is free of charge. If your return is not free, a flat rate will be deducted from your refund. For more information on refunds and returns, please visit: /info/ruecksendung.html.

Self-collection from our shipping warehouse is possible by prior arrangement.

6. Payment

In our shop you can choose between the following payment methods:

Prepayment

If you choose payment in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal Plus

Within the framework 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 the use of your data by PayPal and the payment instruction to PayPal.

If you have chosen the PayPal payment method, you must be registered there in order to be able to pay the invoice amount, or you must first register and legitimise yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.

If you have chosen the payment method credit card, you do not have to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out by your credit card company at PayPal's request immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder, and your card will be charged. You will receive further instructions during the ordering process.

If you have chosen the direct debit payment method, you do not have to be registered with PayPal to pay the invoice amount. With confirmation of the payment instruction you give PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirming the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.

Immediately

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

Invoice

You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check. Invoices and any necessary reminders will be sent to the customer exclusively by e-mail.

Amazon-Pay

If you choose "Amazon Pay", you pay via the payment provider Amazon Payments Europe S.C.A. For this you need an Amazon customer account. If you follow the prompt "Pay via Amazon"

, a page will automatically open asking you to log in with your Amazon account details.

In doing so, you will be informed that Amazon Payments uses the information of your Amazon account to identify you, to complete your purchases and that by signing in you agree to Amazon's user agreement and privacy policy.

Other

The possibility to deduct a discount does not exist.

7. Retention of title

The goods remain our property until full payment.

We reserve the right to offer you only certain methods of payment for the requested delivery, for example to hedge our credit risk only such according to the respective credit rating.

In individual cases we reserve the right to deliver the goods only after a down payment has been made. After receipt of the order, we will coordinate this with the customer.

8. Transport damages

If goods are delivered with obvious transport damage, please complain about such defects to the delivery person as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

9. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
The limitation period for claims for defects in used goods is one year from delivery of the goods.
The above restrictions and shortening of the period shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

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

Information on any additional warranties 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 the customer service of Whitecaps Products for questions from 09:00 to 17:00 o'clock under the telephone no.: +49 (0) 40-67529885 or by mail info@whitecapsproducts.com 10. Liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

• in case of injury to life, body or health,
• in case of intentional or grossly negligent breach of duty,
• in the case of warranty promises, insofar as agreed, or
• as far as the scope of application of the product liability law is opened.

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

11. Code of Conduct

We have subjected ourselves to the following codes of conduct
Trusted Shops Quality Criteria
http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_en.pdf

12.Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which can be found here https://ec.europa.eu/consumers/odr/

. Consumers have the possibility to use this platform for the settlement of their disputes. 13. Other

13.1 All contracts concluded with WHITECAPS PRODUCTS within the meaning of § 1 shall be governed exclusively by the laws of the Republic of Cyprus to the express exclusion of the U.N. Convention on Contracts for the International Sale of Goods.

13.2 The place of jurisdiction for all present and future claims arising from the business relationship with entrepreneurs, including claims based on bills of exchange and cheques, shall be the registered office of WHITECAPS PRODUCTS; the same shall apply to consumers if the customer does not have a general place of jurisdiction in Germany, moves his place of residence or habitual abode out of Germany after conclusion of the contract or his place of residence or habitual abode is not known at the time the action is brought.

13.3 In business transactions with companies, the joint place of performance of the parties is the registered office of WHITECAPS PRODUCTS.

13.4 If the customer is an entrepreneur, the inclusion of the customer's general terms and conditions shall be objected to; in the event of a disagreement in individual parts, the entire contract shall be deemed not to have been concluded.

13.5 Notifications and declarations to WHITECAPS PRODUCTS shall be made in writing if the customer is a consumer; if the customer is an entrepreneur, such notifications and declarations shall be made by registered mail. Contractual agreements or declarations by the user shall remain unaffected by this provision.

13.6 Should one of the above conditions not be effective, this shall not affect the validity of the remaining provisions

Status 01 October 2021

Terms and conditions created with the Trusted Shops Rechtstexter in cooperation with Wilde Beuger Solmecke Rechtsanwälte

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