AGB

GT&C
General Terms and Conditions for efun Europe S.L. – German Branch – Heyenfeldweg 33a, 47802 Krefeld, Germany, represented by its Managing Director Frank Köhler, as at: 01 January 2018
1. Scope of application
efun Europe S.L. – German Branch – is a limited liability company under Spanish law and offers electric jetboards for sale.
efun Europe S.L. – German Branch – http://e-fun-europe.com explicitly declares that they do not run an online shop on their website http://e-fun-europe.com. Their offers are intended exclusively for commercial customers who have their regular registered office in Germany, the Benelux countries or on the Balearics and consumers residing in Germany.
The business relationship between efun Europe S.L. – German Branch – and the customer is determined by the relevant statutory provisions unless the following General Terms and Conditions stipulate otherwise.
2. Contract conclusion
The goods and prices presented on the website are not a binding offer for the conclusion of a sales contract, rather they are to be understood as a general quote.
If necessary, efun Europe S.L. – German Branch – shall prepare an individualised offer to order specific goods taking into consideration preliminary selections in the configurator.
If you order goods, a sales contract shall be formed as soon as efun Europe S.L. – German Branch – accepts the order.
3. Notice for consumers
If you conclude the contract for purposes that predominantly are outside your trade, business or profession, then you are a consumer. In this case, you shall have the following right of withdrawal:


3.1. Right of withdrawal
Consumers shall have the right to withdraw from this contract within fourteen days without providing any grounds.
The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.
In order to exercise your right of withdrawal you must inform us,
efun Europe S.L.
– German Branch –
Heyenfeldweg 33a
D – 47802Krefeld, Germany

Email: info@e-fun-europe.com
Telephone: +49 2151 5690363
Fax: +49 2151 781643 (?)
via an unambiguous declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
You can also fill out and deliver a withdrawal form electronically on our website www.e-fun-europe.com/Rueckgabe.
It shall be deemed sufficient for compliance with the withdrawal term if you dispatch the notification of exercising the right of withdrawal before the withdrawal term has expired.
3.2. Consequences of withdrawal
When you withdraw from this contract, we are obligated to refund all of the payments that we have received from you, including delivery costs (except additional costs that result from you selecting a different delivery method than the cheapest standard method we offer) without delay and within no more than fourteen days after receipt of your notification of withdrawal. For this refund, we will use the same payment method that you used for the original transaction, unless a different method is expressly agreed upon with you; in any event, we shall not charge you any fees for this refund.
We may refuse to make the refund until we have received back the goods or until you have provided evidence that you have sent back the goods, whichever is earlier. You must send back or turn over the goods without delay and in any event within no more than fourteen days after the day on which you notified us of the withdrawal from this contract to:
efun Europe S.L.
– German Branch –
Heyenfeldweg 33a
D – 47802Krefeld, Germany
The deadline shall be deemed to have been met if the goods have been dispatched before the deadline of fourteen days has passed.
You shall bear the direct costs for the return of the goods. The costs are estimated to be approximately 600.00 euros (mainland Germany); 1000.00 euros (European Union) or 1500.00 euros (international).
You shall only be required to compensate for any diminished value of the goods if this diminished value is ascribed to an unnecessary handling on your part to test the conditions, features or mode of operations of the goods.

4. Prices and payment conditions
4.1 Value added tax and shipping costs
All price quotations include packaging and the statutory German value added tax in the applicable amount at the time of the order, currently 19%.
The purchaser shall take on any other costs including e.g. shipping costs, collection fees, customs duties and foreign taxes in the applicable amount at the time of shipping.
Information on the amount of the shipping costs are found in the order or on the website www.e-fun-europe.com. With respect to any import duties or taxes payable for deliveries abroad, please contact the relevant authorities yourself for information.
4.2 Payment methods
You have the option to pay the purchase price according to the payment method agreed upon in the order, by bank transfer or PayPal.
The goods shall only be shipped once the purchase price has been completely credited to the account indicated on the order confirmation for efun Europe S.L. – German Branch – or payment has been confirmed by PayPal. When paying, please specify your order number, order date and first and last name as your payment reference to facilitate identification.
4.3 Set-off
Setting off the claim to the payment with counterclaims as well as withholding the purchase price due to counterclaims shall only be allowed if the counterclaims stem from the same sales contract relationship or have the force of law or have been acknowledged.
5. Delivery
Delivery shall take place after payment has been received by shipping to the delivery address provided by the customer or – if collection by customer has been arranged – by handing over to the customer.
The delivery shall take place via a logistics company within Germany, the Benelux countries and the Balearics.
efun Europe S.L. – German Branch – naturally has no influence on the transport time. Should it come to delays because the ordered goods are sold off or cannot be delivered, efun Europe S.L. – German Branch – shall inform the customer promptly.
For commercial customers, the risk of accidental loss or accidental deterioration of the goods sold shall pass to the customer as soon as the seller delivers the item to the carrier, the freight forwarder or to the particular person or institution engaged with performing the shipment.
For consumers, that is people who conclude the contract for purposes that are predominantly outside their trade, business or profession, the risk of accidental loss or accidental deterioration of the goods sold shall first pass to the customer when the goods are handed over to the customer or a person authorised to accept delivery.
Upon delivery, any externally visible transport damages must be notified without delay to the respective employee of the shipping company and subsequently communicated to efun Europe S.L. – German Branch – so that any claims against the shipping company can be secured. 
Other transport damages not externally visible must be notified to efun Europe S.L. – German Branch – within 7 days of delivery. Once this deadline has expired, it shall no longer be possible for efun Europe S.L. – German Branch – to enforce claims against the shipping company.
6. Reservation of title
The goods delivered shall remain the property of efun Europe S.L. – German Branch – until full payment is made.
If the customer is a business entity then efun Europe S.L. – German Branch – shall also retain title to the goods until all reciprocal claims from the business relationship have been completely compensated.
7. Warranty
7.1. Consumer warranty
The warranty of efun Europe S.L. – German Branch – shall be governed by the statutory provisions in relation to the consumers.
The details and descriptions in the order confirmation must always be taken as a basis. In addition, the details and descriptions in the operating instructions must also be consulted.
If defects appear, they must be notified within one year after the board has been delivered by contacting
efun Europe S.L.
– German Branch –
Heyenfeldweg 33a
D – 47802Krefeld, Germany

Email: info@e-fun-europe.com
Telephone: +49 2151 5690363
Fax: +49 2151 781643 (?)
so that efun Europe S.L. – German Branch – can review the complaint and, if necessary, demand repair or replacement.
If repair or replacement is not possible or is only possible by spending excessively high costs, then efun Europe S.L. – German Branch – shall be granted the right to withdraw from the contract due to extraordinary circumstances.
After one year has passed – from the day of delivery – the guaranty shall no longer apply.
7.1 Vis-a-vis business entities
The warranty period vis-a-vis business entities, in particular merchants, shall not apply.
8. Liability
With respect to the legal liability of efun Europe S.L. – German Branch – the following distinctions shall apply:

  • efun Europe S.L. – German Branch – shall only be liable for damages that it brought about deliberately or by gross negligence.
  • efun Europe S.L. – German Branch – shall only be liable for damage due to simple negligence if it breaches cardinal duties, which are duties that must be fulfilled for proper performance of the contract. In this case the liability shall be limited to damages which efun Europe S.L. – German Branch – could have reasonably expected to occur according to the conditions at the time the contract was concluded.
  • The customer must accept any contributory negligence. efun Europe S.L. – German Branch – must accept any contributory negligence of its employees, agents or subcontractors.
  • Any further liability shall not apply.

Under the German Product Liability Act (Produkthaftungsgesetz), the liability for injuries of life, body or health, as well as in cases of fraudulent intent, shall remain unaffected by the liability limitations listed above.
9. Data protection
efun Europe S.L. – German Branch – gathers and saves the customer data necessary to conclude transactions. The statutory provisions, in particular the German Federal Data Protection Act (Bundesdatenschutzgesetz) and the German Telemedia Act (Telemediengesetz) shall be observed when processing customers’ personal data. Further details can be taken from the privacy policy on the website www.e-fun-europe.com. Personal data shall not be transmitted to third parties without the express approval of those affected.
10. Governing law
The entire business relationship between the contracting parties shall be governed by the law of the Federal Republic of Germany; the laws concerning the international purchase of movable goods shall not apply.
This choice of law shall only apply for consumers to the extent that the consumer is not deprived of the protection granted by the law of the country in which that party is customarily domiciled.
11. Place of jurisdiction
The place of jurisdiction for disputes between consumers and efun Europe S.L. – German Branch – shall be defined by the statutory regulations.
For disputes between business entities and efun Europe S.L. – German Branch – the headquarters of the seller, that is efun Europe S.L. – German Branch – is agreed to be the exclusive place of jurisdiction for all disputes from the business relationship.  If the business entity’s main office is outside of the territory of the Federal Republic of Germany, then the business entity shall also be entitled to bring the matter to the court at the jurisdiction of the customer’s headquarters.

 
Copyright © e-fun 2018