General Terms and Conditions

1. Scope of application

The following terms and conditions apply to all orders placed via our online store. Our online store is aimed exclusively at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2 Contractual Partner, Conclusion of Contract, Possibilities of Correction

The purchase contract is concluded with Chilly SportsClub GbR.

By placing the products in the online store, we make a binding offer to conclude a contract for these articles. 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 order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English.

We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

4. Delivery conditions

In addition to the stated product prices, shipping costs may be incurred. You can find out more about shipping costs in the offers.

We deliver only in the dispatch way. A pickup of the goods is unfortunately not possible.

5. Payment

In our store, the following payment methods are generally available:

Prepayment

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

Credit card

With the submission of the order, you provide your credit card information. After your legitimation as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

SEPA direct debit

With the submission of the order you give us a SEPA direct debit mandate. We will inform you about the date of the account debit (so-called prenotification). With the submission of the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account will be debited before the goods are shipped. The period for advance notice of the date of the account debit (so-called prenotification period) is 1 day.

PayPal, PayPal Express

In 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, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.

Apple Pay

In order to pay the invoice amount via Apple Pay, you must use the "Safari" browser, be registered with the service provider Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the order process.

Google Pay

To pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the order process.

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 the purchase on account only after a successful credit check.

6. Reservation of proprietary rights

The goods remain our property until full payment.

7. Transport damages
If goods are delivered with obvious transport damage, please complain about such defects to the deliverer 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, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

8 Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply.
In the case of used goods, the following shall apply: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects shall be excluded. Defects occurring within one year of delivery of the goods may be claimed within the statutory limitation period of two years 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 the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
- within the scope of a guarantee promise, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online store.

Customer service: You can reach our customer service for questions, complaints and objections on weekdays from 9:00 am to 6:00 pm by e-mail at hello@chilly-surfstyle.com.

9. Liability
For claims based on 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
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution 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, liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

10. Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.