§  1 Scope

1.1
The following General Terms and Conditions (hereinafter referred to as "GTC") in the version valid at the time of the order shall apply exclusively to the business relationship between Sea to Summit GmbH (hereinafter referred to as "SEA TO SUMMIT") and the customer (hereinafter referred to as "customer"), which is based on a conclusion of a contract for the purchase and delivery of products via the website of SEA TO SUMMIT, to be found at seatosummit.eu (hereinafter referred to as "online shop"). Conflicting, deviating or supplementary terms and conditions of the customer shall not be recognised unless SEA TO SUMMIT expressly agrees to their validity in writing.

1.2
Customers within the meaning of these GTC are consumers, entrepreneurs, legal entities under public law or special funds under public law. A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB). An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity (§14 BGB).

1.3
Insofar as individual provisions of these GTC apply either exclusively to the customer type "entrepreneur, legal entity under public law or special fund under public law" or to the customer type "consumer", this is highlighted by means of underlining. In this case, these provisions shall not apply to the respective other type of customer. The remaining provisions apply equally to all customers.

1.4
Individual contractual agreements shall furthermore take precedence over these GTC.

§ 2 Registration on www.seatosummit.eu

2.1
In the online shop, the customer can place an order via a guest account or as a registered customer. For registration, the customer must enter his address and communication data in the form provided.

2.2
The customer is responsible for providing truthful and complete information when entering his personal data as required. Personal access data must be treated confidentially and must not be made accessible to unauthorised third parties.

2.3
Each customer may only maintain one customer account at the same time. SEA TO SUMMIT has the right to delete multiple registrations and to warn and terminate customers who violate this provision (virtual domiciliary rights).

§ 3 Conclusion of contract

3.1
Offers from SEA TO SUMMIT are subject to change and non-binding unless the offer is expressly designated as The products from the online shop generally represent legally non-binding offers and serve as an invitation to submit an offer.

3.2
The customer can select products from the SEA TO SUMMIT range without obligation and collect them in the shopping cart using the "Add to cart" button. The product selection can be changed, e.g. deleted, within the shopping cart. The "Checkout" button within the shopping cart takes the customer to the online ordering process.

3.3
By using the “back” function of the internet browser in the shopping basket, further products can be selected after processing the shopping basket and added to the shopping The order process can then be continued by clicking on the "Checkout" button.

3.4
During the ordering process, the customer is requested to provide the necessary information, in particular regarding the delivery address, billing address and method of payment. The customer can enter this information via a so-called guest access or the customer account (§ 2). The customer is obliged to provide truthful and complete information. Optional information for the ordering process is marked with the note “optional”.

3.5
Before the customer can submit a binding application to purchase the products in the shopping cart by clicking on the button "Pay now", he will be informed about the General Terms and Conditions as well as the cancellation policy and the privacy policy on the page "Review order" in the ordering process and confirms his acknowledgement by the subsequent step.

3.6
The customer then submits a binding offer to purchase the products in the shopping basket by clicking on the "Pay now" Before submitting the order, the customer can change or view the data at any time and use the corresponding links in the ordering process or use the browser function "back" to return to the shopping cart or cancel the order process altogether.

3.7
After receipt of the purchase offer, SEA TO SUMMIT sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out via the "Print" function ("Order confirmation"). The order confirmation merely documents receipt of the customer's order by SEA TO SUMMIT and does not represent acceptance of the purchase offer.

3.8
SEA TO SUMMIT is entitled to accept the customer's order within 3 days of receipt by sending an order confirmation in text form (e.g. e-mail), in which the processing of the order or the delivery of the products is confirmed to the customer ("order confirmation"), or by delivery of the products or, in the event of an unsuccessful delivery attempt, by notification of the delivery attempt of the products. After fruitless expiry of the deadline, the offer shall be deemed to have been rejected, so that no purchase contract is concluded.

3.9
Order processing and contacting by SEA TO SUMMIT usually take place by automated order processing via e-mail. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by SEA TO SUMMIT can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by SEA TO SUMMIT or third parties commissioned by SEA TO SUMMIT with order processing can be delivered.

3.10
When submitting an offer via SEA TO SUMMIT's online order form, the text of the contract will be stored by SEA TO SUMMIT in compliance with data protection ("contract text storage") and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order together with these GTC, the cancellation policy for consumers, the information on shipping costs and the delivery and payment terms, at the latest with the delivery of the Furthermore, SEA TO SUMMIT stores the text of the contract, but does not make it publicly accessible except for these GTC. In addition, the text of the contract is archived on the SEA TO SUMMIT website and can be accessed free of charge by the customer via his password-protected customer account (§ 2) by providing the corresponding login data, provided the customer has created a customer account in the online shop (§ 2) before sending his order. The customer can print out the contract text before submitting the order to SEA TO SUMMIT by using the print function of his browser in the last step of the order.

§ 4 Delivery, availability of goods, force majeure, inspection of goods

4.1
Delivery times stated by us are calculated from the time of our order confirmation (§ 3 (8) of these GTC).

4.2
SEA TO SUMMIT only delivers within the Federal Republic of Germany to the address provided by the customer ("delivery address") as well as to the countries within the EU listed conclusively under Shipping Policy.

4.3
Customers are informed about delivery times and delivery restrictions on a separate information page or within the respective product Delivery times abroad can be found in the online shop under Shipping Policy.

4.4
If the ordered product is not available because SEA TO SUMMIT is not supplied with this product by its supplier through no fault of its own (self-supply reservation), SEA TO SUMMIT can withdraw from the contract. In this case SEA TO SUMMIT will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not wish delivery of a comparable product, SEA TO SUMMIT will immediately reimburse the customer for any consideration already paid.

4.5
In cases of force majeure (unforeseen circumstances and occurrences for which SEA TO SUMMIT is not responsible and which could not have been avoided with the diligence of a prudent businessman, e.g. industrial disputes, war, fire, transport obstacles, shortage of raw materials, import and export restrictions, official measures, pandemics, epidemics or other operational disruptions) SEA TO SUMMIT is released from the obligation to deliver for the duration and scope of the SEA TO SUMMIT will notify the customer immediately of the occurrence and cessation of the force majeure and will use its best endeavours to remedy the force majeure and limit its effects as far as possible. In the event of force majeure, the contracting parties shall agree on the further course of action. Notwithstanding the foregoing, either party shall be entitled to withdraw from the orders affected thereby if the force majeure lasts for more than four weeks from the expected delivery date.

4.6
SEA TO SUMMIT is entitled to partial deliveries and partial services at any time, which are reasonable for the customer. Thus a partial delivery is permissible if it is usable for the customer within the scope of the contractual purpose, the delivery of the remaining ordered products is ensured and the customer does not incur any significant additional expenditure or additional costs as a result.

4.7
Delivered products must be checked for correctness and completeness immediately upon receipt. Transport damage must be reported immediately to the parcel driver/forwarding Such defects or shortages must be reported to SEA TO SUMMIT in writing immediately after receipt of the products.

4.8
If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the customer's claims for defects shall be subject to the condition that the customer has fulfilled its statutory obligations to examine the goods and give notice of defects (§§ 377, 381 HGB).

4.9
If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the time when the goods are handed over to the person commissioned to ship This shall also apply if the shipment is carried out by our transport personnel or from a place other than the place of performance or if we bear the costs of the shipment.

4.10
The handover shall be the same if the customer is in default of acceptance.

§ 5 Retention of title

The delivered products remain the property of SEA TO SUMMIT until payment has been made in full.

§ 6 Prices and shipping costs

6.1
All prices stated in the online shop are in euros including the applicable statutory VAT and plus any applicable shipping costs.

6.2
corresponding shipping costs are displayed to the customer in the order process as a flat shipping rate and are to be borne by the costs for packaging are already included in the respective flat shipping rate.

§ 7 Payment modalities

7.1
The customer can choose from the available payment methods within the framework of and before completing the order The available payment methods can be viewed in advance in the online shop.

7.2
The due date of the purchase price depends on the selected payment method and is indicated during the ordering process.

7.3
If third-party providers are commissioned with payment processing, g. PayPal or credit card companies, their General Terms and Conditions of Contract and Payment shall apply in the current version available on the respective website.

7.4
If the due date for payment is determined according to the calendar, the customer shall already be in default by missing the deadline. In this case, the client shall pay the statutory interest on arrears.

7.5
The customer's obligation to pay interest on arrears does not preclude SEA TO SUMMIT from claiming further damage caused by arrears.

7.6
The customer is only entitled to a right of set-off if his counterclaims have been legally established or recognised by SEA TO The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship or the claim has been legally established or recognised by SEA TO SUMMIT.

§ 8 Warranty for material defects

8.1
SEA TO SUMMIT shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.

WARRANTY FOR PURCHASES FROM AUTHORISED DEALERS
In the case of material or manufacturing defects, SEA TO SUMMIT will repair or replace your product free of charge within the statutory warranty period. The two-year statutory warranty applies as standard to the original purchaser, subject to valid proof of purchase from our online store or a SEA TO SUMMIT authorized retailer.

EXTENDED GUARANTEE FOR PURCHASES VIA WWW.SEATOSUMMIT.EU
For purchases made since 15.03.2023 via the website www.seatosummit.eu, an extended guarantee of an additional three years to a total of five years after purchase applies under the following conditions:

• You must submit proof of purchase for a purchase via www.seatosummit.eu.
• The guarantee is for private use only. 
• The guarantee applies to the product. It also applies if you give it as a gift. The recipient will benefit from the guarantee for the remainder of the guarantee period. Remember, however, that proof of purchase is required in order to claim under the guarantee. Therefore, give the recipient the proof of purchase.
• If the products are altered in any way, the guarantee will be invalidated.
• The guarantee is conditional on you using the product in accordance with all instructions provided by us.

IMPORTANT NOTES
The warranty and the extended guarantee are limited to the country in which you purchased the product.

The warranty and the extended guarantee do not apply to wear and tear, punctures or damage caused by improper use, modification or misuse. Furthermore, it does not apply to material fatigue resulting from age, use or environmental influence

For ecological reasons, we first check whether a repair is possible, otherwise we will replace the product.

8.2
The extended guarantee does not affect your consumer rights or any other legal rights.

In no case will the refund under the guarantee exceed the original purchase price of the product.

We are constantly striving to make improvements and may therefore change the design of our products from time to time. This guarantee does not obligate SEA TO SUMMIT to make such design changes to products already manufactured. Such changes are at SEA TO SUMMIT's discretion and cannot be construed as an admission that previous designs were defective.

The extended guarantee period begins on the date the customer purchases a product via www.seatosummit.eu (if the product is a gift, the extended guarantee period begins on the date the person who gave you the product purchased that product) and ends on the date that is 5 years after the date of purchase upon expiration of the total extended guarantee period stated on this page.

If the customer did not purchase their SEA TO SUMMIT product from us in our Online Shop, the warranty is limited to the statutory warranty period of 2 years from the date of purchase of the product. This applies in all cases subject to your statutory rights.

We will repair or replace a defective Product at our sole discretion provided that, within the applicable warranty period and within a reasonable time after you become aware that the Product does not conform to the applicable warranty set out above, you notify us in writing of that fact and we are given a reasonable opportunity to inspect the Product and find that it does not conform to the warranty set out.

In certain circumstances we may, at our sole discretion, decide to refund the price of the product. This will be based on the market value of the product at the time of refund, taking into account wear and tear and normal market depreciation.

We reserve the right to request that defective products be returned to us. In this case, we will pay the cost of return transport by normal means within the shipping area to which we originally delivered the product. We will also deliver a replacement product free of shipping charges to the original shipping address of the product.

If, after inspecting the returned product, we reasonably determine that there has been no breach of warranty, we will return the product at your expense.

8.3
Performance descriptions of the products in the online shop do not have the character of an assurance or The ordered products may deviate slightly from the products shown in the online shop due to the technical possibilities of presentation and within the bounds of what is reasonable, in particular with regard to colour.

8.4
SEA TO SUMMIT points out that all information on the suitability and possible uses of the products represent general guideline values and may deviate in the specific case of use by the customer. The information provided is therefore fundamentally non-binding and does not become part of the contract unless a different agreement is expressly made with the customer.

§ 9 Liability

9.1
Any claims for damages on the part of the customer arising directly or indirectly in connection with the contractual relationship, irrespective of the legal grounds, are excluded, unless otherwise provided for in the following:

9.2
SEA TO SUMMIT shall be liable without limitation in the event of intent or gross negligence.

9.3
Furthermore, SEA TO SUMMIT is liable for the negligent breach of essential contractual obligations (cardinal obligations). Cardinal obligations are obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and the observance of which the customer regularly relies on and may rely on, i.e. rights and obligations which the contract is precisely intended to grant according to its content and purpose. In this case, however, SEA TO SUMMIT is only liable for the foreseeable damage typical for the contract.

9.4
The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. The provisions of the Product Liability Act shall also remain unaffected.

9.5
Insofar as SEA TO SUMMIT's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

§ 10 Limitation

10.1
If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the general limitation period for claims of the customer arising from material defects and defects of title shall be one year from delivery, notwithstanding Section 438 (1) No. 3 BGB.

10.2
The above limitation periods do not apply to limitation periods under the Product Liability Act. Sections 438 (1) 1, no. 2 and 438 (3) of the German Civil Code (BGB) shall also remain unaffected. The statutory limitation periods shall apply exclusively to the customer's claims for damages pursuant to § 9 of these GTC.

§ 11 Data protection

Any processing of personal data shall be carried out in accordance with the provisions of the EU General Data Protection Regulation ("DS-GVO") and, in particular, the statutory data protection provisions of the Federal Data Protection Act (BDSG). It is necessary for the conclusion of the contract that the customer provides his personal data, which will then be used for the processing of the order. Information that is not necessary for the processing of the contracts is marked separately ("optional"), further information is mandatory. SEA TO SUMMIT processes the data provided to process the order. For this purpose, payment data may be passed on to SEA TO SUMMIT's house bank. The legal basis for this is Art. 6 Para. 1 S. 1 lit. b DS-GVO. The detailed data protection provisions can also be viewed at Privacy Policy. These contain detailed information on how personal data is handled, how it is protected and what rights the customer has in this regard.

§ 12 Right of withdrawal/cancellation policy

12.1
If the customer is a consumer, he/she is generally entitled to a right of withdrawal when concluding a distance selling transaction for the purchase of goods, taking into account § 12 (4).

12.2
Pursuant to Section 312c of the German Civil Code (BGB), distance contracts are contracts in which SEA TO SUMMIT or a person acting in the name or on behalf of SEA TO SUMMIT and the consumer exclusively use means of distance communication for the contract negotiations and the conclusion of the contract, unless the conclusion of the contract does not take place within the framework of a sales or service system organised for distance sales.

12.3
If the customer makes use of his right of revocation according to 12 (1), he has to bear the regular costs of the return.

12.4
The statutory right of revocation referred to in 12 (1) does not apply in cases of § 312g (2), (3) BGB. This applies in particular to contracts

1. for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
2. for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery, this includes face masks and soaps;
3. In accordance with the statutory model, information is provided below on the right of revocation referred to in 12 (1). Furthermore, a model cancellation form is attached to the following cancellation policy:

 

- Start of the revocation instruction -

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.

To exercise your right of withdrawal, you must inform us Sea to Summit GmbH, Siegfriedstr. 36, 33615 Bielefeld, Deutschland, Tel.: +49 (0) 521 988 744 34, E-Mail: info@seatosummit.de) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form, which is, however, not mandatory

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of revocation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we receive the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to Sea to Summit GmbH (Siegfriedstr. 36, 33615 Bielefeld, Germany) without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.

You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

 - End of the cancellation policy -

 

Sample cancellation form

If you wish to revoke the contract, please fill in and return this form to Sea to Summit GmbH, Siegfriedstr. 36, 33615 Bielefeld, Deutschland, Deutschland, [Email: info@seatosummit.de].

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods:

                                                                                                                                     

Ordered on (*)/received on(*):

                                                                                                                                      

Name of consumer(s):

                                                                                                                                     

Address of consumer(s):

                                                                                                                                     

Date, Signature

                                                                                                                                     

(*) Delete where inapplicable.

 

§ 13 Applicable Law, Dispute Resolution, Final Provisions

13.1
The business relationship between SEA TO SUMMIT and the customer shall be governed by the law of the Federal Republic of Germany to the exclusion of private international law and the UN Convention on Contracts for the International Sale of If the customer is a consumer, the statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence, remain unaffected.

13.2
The EU Commission provides a platform for out-of-court dispute resolution. If the customer is a consumer, this provides the opportunity to initially resolve disputes in connection with the online order without the involvement of a court. The dispute resolution platform has been accessible under the external link http://ec.europa.eu/consumers/odr/ since 15 February 2016. SEA TO SUMMIT is not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

13.3
If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contract is the court responsible for SEA TO SUMMIT's place of business, unless an exclusive place of jurisdiction is given.

13.4
If any provision of these GTC is or becomes void, unenforceable or unenforceable in whole or in part, the validity of the remaining provisions of these GTC shall not be affected thereby. In such a case, a provision that comes as close as possible to the meaning and purpose of the provision in question shall apply in place of the void, unenforceable or unenforceable provision. The same shall apply if these GTC contain an unintended loophole.

 

Last update: 15.03.2023