Terms & Conditions
1. Scope of application
1. The deliveries, services and offers of Ocean Rabbit UG haftungsbeschränkt (hereinafter referred to as Ocean Rabbit) are made exclusively on the basis of these terms and conditions. These therefore apply to all current and future business relationships, even if they are not expressly agreed again. All previous terms and conditions hereby lose their validity. These terms and conditions shall be deemed to have been accepted at the latest upon receipt of the goods or services.
2. Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if they are known, unless their validity is expressly agreed in writing.
3. Counter-confirmations of the buyer with reference to his terms and conditions of business or purchase are hereby contradicted. Contracts are only concluded on our own terms.
2. Conclusion of the contract
1. The offers of Ocean Rabbit are non-binding, unless Ocean Rabbit has expressly made a binding declaration. If the offers of a supplier change during the binding period, the binding period shall be deemed not to have been agreed.
2. By ordering goods, the customer declares bindingly that he wants to purchase the ordered goods (contract offer). Ocean Rabbit is entitled to accept the contractual offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing or by delivery of the goods to the customer. If the customer is of the opinion that the order confirmation deviates from his order, he must notify the alleged deviations in writing immediately upon receipt, but at the latest within one week after the date of our order confirmation. If he fails to check the order confirmation and make an immediate complaint, our order confirmation shall be deemed correct and binding on both sides. We reserve the right to make technical changes as well as changes in form, colour and/or weight within the scope of what is reasonable. The documents on which the offers are based, such as illustrations, drawings, weights and dimensions, are only approximate unless they are expressly designated as binding.
3. If the consumer orders the goods electronically, Ocean Rabbit will confirm receipt of the order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance.
4. The conclusion of the contract is subject to the correct and timely self-supply by suppliers of Ocean Rabbit, insofar as Ocean Rabbit is not responsible for the non-delivery.
5. If an ordered product is not available, Ocean Rabbit will inform the customer immediately after Ocean Rabbit has become aware of the unavailability. In this case, the consideration will be refunded immediately.
6. The employees or vicarious agents working for Ocean Rabbit in any other form are not authorized to make verbal ancillary agreements or to give verbal assurances that go beyond the content of the written contract.
7. The customer agrees that Ocean Rabbit may obtain third-party information about its current economic circumstances.
8. Written offers shall be made out individually for the respective customer. These documents must be treated as confidential and must not be made accessible to third parties.
1. The prices stated in the order confirmation of Ocean Rabbit plus the respective statutory value added tax are decisive. Additional services such as e.B packaging and shipping will be charged separately.
2. Any changes, e.B. in connection with import and export duties, value added tax, exchange rates, insurance and/or war insurance premiums, which take place after acceptance of the order, shall be in favour of or at the expense of Ocean Rabbit, without any increases giving the customer cause to cancel the order.
3. Unless otherwise agreed, the prices are ex works in euros, plus packaging, shipping and plus the statutory value added tax applicable at the time of delivery.
4. Delivery and performance time
1. Delivery dates or periods that can be agreed as binding or non-binding must be made in writing. Delivery periods begin to run from the date of the order confirmation, but not before complete clarification of all details of the order, and not before receipt of documents, releases and/or an agreed down payment to be procured by the customer.
The delivery period ends on the day on which the goods leave the delivery plant or are stored in the event of impossibility of dispatch.
2. If no delivery dates have been agreed, but a delivery time calculated according to certain periods of time, this shall begin on the day of acceptance of the order. If, after order confirmation, the customer requests changes to the order that affect the production time, a new delivery period begins and only with the confirmation of the changes.
3. Delays in delivery and performance due to force majeure and due to events that make delivery significantly more difficult or impossible for Ocean Rabbit – this includes, in particular, strikes, lockouts, official orders, etc., but even if they occur at suppliers of Ocean Rabbit or their subcontractors, Ocean Rabbit is not responsible even in the case of bindingly agreed deadlines and dates. They entitle Ocean Rabbit to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time, or to withdraw from the contract in whole or in part because of the part not yet fulfilled.
4. If the hindrance lasts longer than three months, Ocean Rabbit is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part not yet fulfilled. If the delivery time is extended or Ocean Rabbit is released from its obligation, the buyer cannot derive any claims for damages from this. Ocean Rabbit can only invoke the aforementioned circumstances if it informs the buyer immediately of the unavailability of the goods, as well as of their withdrawal, and reimburses the customer without culpable hesitation for any consideration already provided by the latter.
5. In the event of non-compliance with bindingly promised deadlines and deadlines, the Buyer shall be entitled to compensation for delay in the amount of 0.5% for each completed week of delay, but in total up to a maximum of 5% of the invoice value of the deliveries and services affected by the delay. Any further claims are excluded.
6. Ocean Rabbit is entitled to partial deliveries and partial services at any time.
7. If the customer does not receive the goods immediately upon arrival, all resulting costs shall be borne by the buyer. Ocean Rabbit reserves the right to hold the original customer liable for any loss.
5. Dispatch of goods, transfer of risk
1. If the customer is an entrepreneur, the risk shall pass to the customer as soon as the shipment has been handed over by Ocean Rabbit or the supplier of Ocean Rabbit to the person carrying out the transport or has left the warehouse of Ocean Rabbit for the purpose of dispatch. If shipping becomes impossible through no fault of Ocean Rabbit, the risk shall pass to the customer upon notification of readiness for dispatch.
2. If the customer is a consumer, the risk of accidental loss or accidental deterioration of the sold item shall only pass to the buyer upon handover of the item, even in the case of sale by shipment.
3. The handover is the same if the buyer is in default of acceptance.
4. Ocean Rabbit reserves the right to choose the shipping method and route, unless otherwise agreed in the respective order. Transport insurance is only taken out at the special request and at the expense of the client.
6. Product return
1. If the customer is a consumer, he has the right to return unfinished goods within two weeks of receipt. The right of return can only be exercised by returning the goods or, if the goods cannot be sent by parcel, by requesting return; timely dispatch is sufficient to meet the deadline.
2. The costs of the return shipment shall be borne by the consumer when exercising the right of return, unless the delivered goods do not correspond to the ordered goods.
3. The consumer must pay compensation for any deterioration caused by the intended use of the goods. The consumer may inspect the goods carefully and carefully. The loss of value, which leads to the fact that the goods can no longer be sold as “new” due to the use beyond the mere examination, must be borne by the consumer.
7. Warranty, statute of limitations, liability
1. If operating and care instructions are not followed, any warranty shall lapse if the buyer does not refute a corresponding substantiated assertion that only one of these circumstances has caused the defect.
2. The buyer must check the conformity of the delivered goods and services with the contract immediately upon receipt, but at the latest within eight working days. Defects must be notified to Ocean Rabbit in writing. Hidden defects that cannot be discovered within this period even after careful examination can only be asserted if they are received in writing by Extra Textildruck within one year of the beginning of the statutory limitation period.
3. Rejected goods must be made available to Ocean Rabbit upon request for collection at the place of original delivery. If the goods have already been delivered or distributed to several recipients, any costs for merging the rejected goods shall not be borne by us.
4. The customer is responsible for the full burden of proof for all requirements for claims, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
5. Ocean Rabbit shall initially provide warranty for defects in the delivery at its discretion by repair or replacement. The right to compensation is limited to intent or gross negligence.
6. In the event of delayed, omitted or unsuccessful rectification or replacement delivery, the customer may, at his discretion, demand a reduction in the remuneration (reduction) or rescission of the contract (withdrawal). The claim for damages instead of performance is excluded. In the event of a minor defect, the customer is not entitled to any right of withdrawal.
7. Excess or short deliveries of up to 10% of the ordered goods may be due to production technology and do not constitute a defect.
8. Liability for normal wear and tear is excluded.
9. Defects of a part of the delivery cannot lead to a complaint about the entire delivery.
10. Colour designations and size specifications as they appear in publications (catalogue, Internet, etc.) are not subject to any standards. Even within a brand, different items (e.B polo shirt and T-shirt) can have completely different dimensions with the same size. But even with color designations of which most consumers have an idea, there are often deviations. Unfortunately, this problem cannot be solved by the color dots printed in the catalog or reproduced on the Internet. Each monitor displays colors differently and printing inks do not correspond to the real fabric.
Minor deviations in the color or material of the article as well as minor color deviations during printing and other deviations of the finishing, e.B. in the case of weaving, embossing and embroidery due to the material nature of the article and deviating material properties of the article within a batch, will be tolerated by the customer, unless otherwise agreed in writing. Slight color deviations with unchanged repeat orders of the same articles are unavoidable, especially in the textile sector, and do not constitute a reason for complaint.
11. All warranty rights of the customer shall become statute-barred no later than one year after delivery of the contractual services, in the case of consumers after two years, unless fraudulent intent is proven. Decisive for the start of the period is the transfer of risk in accordance with Section 5.
12. Warranty claims against Ocean Rabbit are only available to the direct buyer and are not assignable.
13. All warranty claims lapse if the customer intervenes in the contractual goods on his own initiative, modifies them – however – regardless of the extent to which the modification has taken place. The buyer therefore undertakes to inspect the goods before modifying them (printing, embroidery and the like) for conformity with the ordered goods and any defects or to have them inspected by other suppliers.
14. Liability for consequential damages, in particular for loss of profit or compensation for damages of third parties, is excluded, unless Ocean Rabbit or its vicarious agents are guilty of intent or gross negligence.
15. The customer does not receive any guarantees in the legal sense from Ocean Rabbit. Any manufacturer’s warranties remain unaffected.
1. If the customer is a consumer, Ocean Rabbit retains title to the purchased item until full payment of the purchase price. If the customer is an entrepreneur, Ocean Rabbit retains title to the purchased item until receipt of all payments from the business relationship with the customer.
In the event of breach of contract by the customer, in particular in the event of default in payment, Ocean Rabbit is entitled to take back the purchased item. The taking back of the purchased item does not constitute a withdrawal from the contract, unless Ocean Rabbit expressly declares this. The seizure of the purchased item by Ocean Rabbit always constitutes a withdrawal from the contract. Ocean Rabbit is entitled to use the purchased item after taking back the purchased item, the proceeds of the sale are to be offset against the liabilities of the customer – less reasonable exploitation costs.
2. In the event of seizure or other interventions by third parties, the customer must notify Ocean Rabbit immediately in writing so that Ocean Rabbit can object to the seizure. Insofar as the third party is not in a position to reimburse Ocean Rabbit for the judicial and extrajudicial costs of its third-party opposition action, the customer shall be liable for the failure.
3. The customer is entitled to resell the purchased item in the ordinary course of business; however, he hereby assigns to Ocean Rabbit all claims in the amount of the final invoice amount (including VAT) that accrue to him from the resale to his customers or third parties, regardless of whether the purchased item has been resold without modification or after processing. The customer shall remain entitled to collect this claim even after assignment. The authority of Ocean Rabbit to collect the claim itself remains unaffected. However, Ocean Rabbit undertakes not to collect the claim as long as the customer meets his payment obligations from the collected proceeds, is not in default of payment and, in particular, no application for the opening of insolvency or composition proceedings has been filed or payment has been suspended. In the event of an application for the opening of insolvency or composition proceedings, Ocean Rabbit may demand that the customer discloses the assigned claims and their debtors in detail and hands over all documents necessary for collection and notifies the debtors (third parties) of the assignment.
1. Unless otherwise agreed in writing, Ocean Rabbit’s invoices are due in advance and payable without deduction.
Ocean Rabbit is entitled, despite the customer’s provisions to the contrary, to first offset payments against the customer’s older debts and to inform the customer about the type of offsetting that has taken place. If costs and interest have already been incurred, Ocean Rabbit is entitled to offset the payment first against the costs, then against the interest and finally also against the main service.
2. A payment shall not be deemed to have been made until Ocean Rabbit can dispose of the amount. The acceptance of cheques requires a written agreement when placing the order; payment shall be deemed to have been made when the period of 7 days after the cheque has been cashed has elapsed. If the customer is in default, Ocean Rabbit is entitled to charge interest at the rate of 5% points above the applicable base interest rate of the Deutsche Bundesbank p.a. from the relevant point in time after expiry of the statutory payment period (occurrence of default after 30 days).
3. If Ocean Rabbit becomes aware of circumstances that call into question the creditworthiness of the buyer, Ocean Rabbit is entitled to make the entire remaining debt due, even if Ocean Rabbit has accepted a check. In this case, Ocean Rabbit is also entitled to demand advance payments or security deposits. Ocean Rabbit reserves the same right for first-time and custom-made products.
10. Surf Board rentals
1. Any person who is neither impaired in health nor condition is entitled to participate and rent to practice motosurfing or surfing without danger to himself or others – in particular without the influence of alcohol or other intoxicating substances. Prerequisites for participation in a motorsurfing course is the ability to swim for at least 25 minutes in free water without aids. In the case of minors, the consent of the legal representative is required.
2. The rental of a surfboard or registration for a motorsurfing course at Ocean Rabbit requires the written form (also Internet registration form). The same applies to the conclusion of the rental contract. In the case of minors, the written consent of the legal representative must be provided for the validity of the legal declaration. A withdrawal from the contract must be declared in writing. If the withdrawal takes place more than 3 days before the start of the course/start of the rental period, 50% of the deposit paid of 50% of the respective course price/rental price in deviation from § 346 Abs. 1 BGB (or 25% of the booked line) will be retained if no substitute participant/tenant is provided. In the event of withdrawal within the 3-day period, the deposit paid in the amount of 50% of the course costs/rental fees will be retained if a substitute participant/tenant is not provided or another rental is not successful. We reserve the right to withdraw from the contract without notice if the minimum number of participants of 2 people in the motosurf courses is not reached. The same applies in the event of force majeure (strong wind, lightning) or destruction of the water sports material due to collisions or vandalism.
Ocean Rabbit assumes no liability for the cancellation of practice hours due to weather conditions or due to water sports trainer failure due to illness or other unavoidable reasons.
Payments made can be refunded or a voucher issued. Further claims do not exist. Participants who disturb a course sustainably, behave contrary to the instructions of the staff or intentionally endanger themselves, others or the environment may be excluded from further participation. In case of cancellation of a motorsurfing course by participants, no money refunds will be made by Ocean Rabbit.
3. Obligation to cooperate
In the event of any disruptions in performance, the participant is obliged to do everything reasonable for him to contribute to remedying the disruption and to keep any damage incurred as low as possible.
4. Safety/ Conditions of Implementation
The instructions of the staff/landlord must be followed. Glasses and other objects must be secured against loss. Jewelry such as rings and necklaces must be removed. It must always be adhered to the local requirements.
5. Duty of care
The safety and operational readiness of the motorsurfboards is ensured by regular inspection. Nevertheless, the participant/renter is obliged to check the surfboards before starting the journey. In the interest of all parties involved, each participant/tenant is obliged to report any damage incurred immediately. If the operational readiness of the water sports material is no longer guaranteed by non-observance of the instructions of the staff or by negligent or even intentional behavior of the user/tenant, there is no claim for damages on the part of the participant/tenant for the loss of time caused by the fact-finding and troubleshooting. Any damage incurred must be compensated by the user/tenant.
We are liable for the conscientious rental or event preparation, proper provision of the contractually agreed service, as well as for the conscientious execution of the inspection to ensure the operational readiness of the water sports equipment. In the case of self-inflicted and externally caused damage, the user/tenant is obliged to report. The user/renter undertakes to treat and maintain the motorsurfing material as his property according to all the rules of good seamanship. The user/lessee is personally liable for self-inflicted damage (including failure and consequential damage) to the material and equipment. It is advisable to take out liability insurance, which covers the sport of surfing or supsurfing!
Ocean Rabbit assumes no liability for theft of customer property during use.
1. The copyright of all designs, logo, embroidery or other is owned by Ocean Rabbit.
2. With the purchase of a product, the customer does not acquire any rights to means of production, such as films, screens, printing plates, clichés, embroidery programs, punches and tools from Ocean Rabbit. Making available to third parties, duplication or further use requires the permission of Ocean Rabbit. Designs enjoy the legal protection of intellectual property.
12. Place of performance, place of jurisdiction, applicable law, final provision
1. These terms and conditions and the entire legal relationship between Ocean Rabbit and the customer shall be governed by the law of the Federal Republic of Germany. An application of the UN Convention on Contracts for the International Sale of Goods (CISG) does not take place under any aspect. Contract language is German.
2. The place of performance and jurisdiction for both parties, Ocean Rabbit and customer, are the registered office of Ocean Rabbit, insofar as an agreement of the place of performance and the place of jurisdiction is legally permissible. Deviations or additions to the General Terms and Conditions are only effective if they have been confirmed in writing by an authorized representative of Ocean Rabbit.
Should individual provisions of these Terms of Payment and Delivery be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.