TERMS AND CONDITIONS
The following terms and conditions apply to all orders placed via our online shop by consumers or traders.
Consumer means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;
Trader means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.
These terms also apply to traders for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any trader.
2. Contractual partner, formation of contract
The purchase contract is concluded with TelstarSurf BV.
The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, Saving of the contract text
The language available for concluding the contract is German.
We save the text of the contract and forward the order data and our T&Cs to you by e-mail. The text of the contract cannot be accessed via the internet for security reasons.
4. Delivery conditions
Telstar Surf delivers all articles through UPS providing that the goods are in stock. The delivery time of an article takes, as a general rule, two to four working days from the date of the placement of an order, with the only exception being substantially long cargo.
If you receive articles that you have not ordered then you are advised to inform Telstar Surf as soon as possible. Any inaccuracies in any details that have originated from Telstar Surf must be made known as soon as possible to Telstar Surf. Also any changes or inaccuracies with your own details that you have provided must be made known.
Cash in advance
We must receive payment in advance before your order can be processed and the goods can be dispatched, unless we have agreed otherwise in advance in writing.
With the submission of the order, you are sending us your credit card details at the same time. After your identification as the legal cardholder, directly after the order, we will ask your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company and charged to your card.
During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction.
Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
6. Retention of title
The goods shall remain our property until full payment is made. For businesses, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
7. Damage during delivery
For consumer the following applies: If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.
Applicable to traders: The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. Should you fail to comply with the instructions set out therein, the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been deliberately concealed by us.
8. Warranty and guarantees
We are under a legal duty to supply products that are in conformity with this contract. Statutory warranty rights apply. Information on any additional guarantees and their precise conditions that may apply can be found next to the product or on distinct information pages in the online shop, if applicable.
9. Circumstances beyond control
In a situation of circumstances beyond ones control, the obligations of Telstar Surf become adjourned. If the period in which the circumstances beyond control apply exceeds two months, both you and Telstar Surf have the right, without any obligation, to negate any agreement of payment of compensation. There is cause of circumstances beyond control, among other, in cases of industrial strikes, disturbances in transport and import/export prohibitions, regardless if this occurs through Telstar Surf or its service providers.
10. Code of conduct
We have submitted to the following codes of conduct: Trusted Shops http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf
11. Online dispute resolution
The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body.
12. Right to cancel
You have the right to cancel this contractwithin 14 days without giving any reason. Thecancellation period will expire after 14 daysfrom the day on which you acquire,or a thirdparty other than the carrier and indicated byyou acquires, physical possession of the lastgood.To exercise the right to cancel, you mustinform us [INSERT: Name of the company,street, number, postcode, town, e-mailaddress, telephone number] of your decisionto cancel this contract by a clear statement(e.g. a letter sent by post, fax or e-mail). Youmay use the attached model cancellation form,but it is not obligatory.To meet the cancellation deadline, it issufficient for you to send your communicationconcerning your exercise of the right of cancelbefore the cancellation period has expired.Effects of cancellationIf you cancel this contract, we will reimburse toyou all payments received from you, includingthe costs of delivery (except for thesupplementary costs arising if you chose atype of delivery other than delivery other thanthe least expensive type of standard deliveryoffered by us), without undue delay and in anyevent not later than 14 days from the day onwhich we are informed about your decision towithdraw from this contract. We will make theobligation textual change technical changeAudit Report http://telstarsurf.com/ 53. Right to cancelreimbursement using the same means ofpayment as you used for the initial transaction,unless you have expressly agreed otherwise;in any event, you will not incur any fees as aresult of such reimbursement. We maywithhold reimbursement until we have receivedthe goods back or you have supplied evidenceof having sent back the goods, whichever isthe earliest.You shall send back the goods or hand themover to us, without undue delay and in anyevent not later than 14 days from the day onwhich you communicate your withdrawal fromthis contract to us. The deadline is met if yousend back the goods before the period of 14days has expired. You will have to bear thedirect cost of returning the goods. You are onlyliable for any diminished value of the goodsresulting from the handling other than what isnecessary to establish the nature,characteristics and functioning of the goods.