Conditions of Use

Online shop terms and conditions

1. General points

2. Conclusion of contract

2.1 The range of products in the online shop on the internet are offered to the customer on a no-obligation basis.

2.2 By ordering the required goods on the internet, the customer is effectively proposing to enter into a binding contract of sale.

2.3 The online shop is entitled to accept this proposal within 10 calendar days by sending an order confirmation. The order confirmation is sent by email. The proposal is deemed to have been turned down if the 10-day period elapses without confirmation. You can find out about the status of your purchase order at any time. In addition to our email communications, you can also get the information you require if you visit our website at www.finnsailing.de and log on to access your customer account.

3. Delivery

3.2 The delivery time within Germany is a maximum of four working days, unless stated otherwise in the quotation. The delivery time for foreign shipments is a maximum of seven working days, unless stated otherwise in the quotation. Delivery times are longer for bulky items and for all shipments heavier than 30 kg and longer than 120 cm.

3.3 If an item is temporarily unavailable, we will inform you of the expected lead time by email if we have your address. This shall not affect your statutory rights.

4. Packaging and shipping costs

4.1 We charge a flat rate of EUR 6.95 towards packaging and deliveries within Germany, regardless of the weight and number of articles.

We charge EUR 16 for deliveries in the EU.

Please enquire in advance about delivery costs to other parts of the world.

4.2 We do not charge delivery costs within Germany on orders worth over EUR 250 except in case of bulky goods.

The waiving of the delivery charge for orders worth over EUR 250 does not apply to foreign shipments.

4.3 Express delivery requests can also be met - subject to the additional charges made by the relevant courier service.

5. Payment

5.1 All the prices quoted are total prices inclusive of value added tax at the current statutory rate of 19%.

5.2 The following methods of payment can be used to pay for deliveries within Germany:

Credit card: (amount debited after dispatch of goods; the following credit cards are accepted: Visa and Eurocard/Mastercard).

Cash in advance: (the customer is required to transfer the purchase price to our account immediately after conclusion of contract). Customers paying in advance will receive an email from us with the exact invoice details. Therefore please do not forget to enter your email address and your telephone number on the order form so that we can contact you. When arranging the bank transfer, please give your name and invoice number in the space provided on the remittance form so that we can match your incoming payment to your purchase order.

On account: (the customer is required to pay the invoice within seven days of receiving the goods).

5.3 The advance payment method applies to foreign shipments.

5.4 The delivered goods shall remain our property until such time as they have been paid for in full (reservation of title as set out in articles158 and 449 of the German Civil Code (BGB)). We have to pass on the cost of reminders and administrative charges if the agreed payment deadlines are not met.

6. Information on the right of withdrawal

6.1 Right of withdrawal: You can cancel the contract in writing (e.g. letter, fax, email) within two weeks or - if the goods have been sent to you before the time limit elapses - by sending back the goods.

The term shall commence after receipt of this information in writing but not before receipt of goods by the customer (or - in case of repeat deliveries of the same type of goods - before receipt of part delivery) and not before we have discharged our duty to supply information under article 312c para.2 of the German Civil Code (BGB) in conjunction with article 1 paras. 2, 3 and 4 of the German Civil Code Reporting Requirement Ordinance (BGB-InfoV) and our duty to supply information under article 312e para.1 subsection 1 of the German Civil Code (BGB) in conjunction with article 3 of the German Civil Code Reporting Requirement Ordinance (BGB-InfoV). The time limit for cancellation shall be deemed to have been met if the cancellation or the item is sent in due time. The cancellation should be addressed to:

Handelsagentur Dreipunkt – André Budzien

Neu Pampow 7c

19061 Schwerin

www.finnsailing.de

E-Mail: info@finnsailing.de

Fax-Nr.: +49 (03222) 3711594

6.2 Consequences of cancellation: In case of cancellation the performance received by both parties is to be returned and any capitalised use reimbursed (e.g. interest). If you cannot return the performance either in full or in part, or in less than perfect condition only, then you shall be required to compensate any lost value.

This shall not apply to the surrender of goods if the deterioration of the goods can be attributed solely to their inspection - as would have been possible in the retail store, for example.

You can avoid the duty to compensate for lost value in respect of a deterioration brought about by proper use of the goods by not utilising the goods as your property and desisting from anything which affects their value.

Goods which can be shipped as parcels are to be returned at our risk. You shall be liable for the cost of returning the goods if the delivered goods correspond to the order and if the price of the goods which need to be returned does not exceed EUR 40 or - if the price of the goods is higher - if you have not yet made counter-performance or a contractually agreed part payment at the time of the cancellation. Otherwise you will not be liable to pay for the return shipment. Goods which cannot be shipped as parcels will be collected from your premises. Any obligation to refund payments must be honoured within 30 days. The time limit for you shall commence when you dispatch your notice of cancellation or the goods; the time limit shall commence for us on receipt of the same.

6.3 Special remarks:

No special remarks.

End of information on the right of withdrawal

7. Warranty

Should the goods be found to have been damaged in transit then the recipient shall notify the forwarding agent immediately. Any other damage evidently sustained in transit should be reported to us in writing within three days of receiving the goods.

We shall not be liable for defects which have arisen due to incorrect handling, normal wear and tear, or extraneous causes. The warranty shall not cover repairs to the goods which are carried out internally or by third parties without our written agreement.

8. Liability

8.1 The online shop shall be liable for intentional acts or gross negligence in accordance with the statutory provisions. Liability for guarantees shall apply irrespective of culpability. In cases of slight negligence the online shop shall be liable for injury to life, limb or health or for breach of major contractual duties under the Product Liability Act. Claims for damages for the slight negligence of major contractual duties shall, however, be limited to that which is typical and foreseeable for the type of contract, unless the liable party faces claims for injury to life, limb or health. The online shop shall be liable to the same extent for default on the part of vicarious agents and representatives.

8.2 The above paragraph (8.1) applies to damages in addition to performance, damages instead of performance, and compensation for monies expended in vain, regardless of legal ground, including liability for defects, default or impossibility of performance.

9. Data protection

The data which we receive from you shall be used for the sole purpose of processing your purchase orders. All your data shall be handled in strict confidence. We shall only pass your data on to third parties (e.g. forwarding agents) if this is necessary to process your order. The order data shall be encrypted and transmitted securely, but we accept no liability for data security during transmission over the internet (e.g. due to technical faults on the part of the provider) or for any criminal acts whereby third parties gain access to our website files. Login data issued to customers at their request must be treated in strict confidence by customers as we accept no responsibility whatsoever for the use and appropriation of these data.

10. Copyright

All logos, images and graphics are the property of the relevant firms and are covered by the copyright of the grantors of the relevant licences. Our permission is required to copy or otherwise make use of any photographs, logos, texts, reports, scripts and programming routines, which have been developed or formatted in-house and are displayed on these pages. All rights reserved.

11. Other matters

We have no control over decisions made by our suppliers to discontinue products in their range, thus affecting our ability to supply said products, nor can we influence modifications to the type or design of products. We shall inform you if a replacement product is offered by a supplier. This shall not affect your statutory rights.

12. Links on our website

In its judgement of 12 May 1998 - 312 O 85/98 - "Liability for Links", the Regional Court of Hamburg ruled that the inclusion of a link may constitute joint responsibility for the content of the site to which a link is published. According to the Regional Court, this can only be prevented by an explicit statement of dissociation from said content. We hereby dissociate ourselves from all the content of all the sites to which links are published on our website. This statement shall apply to all links published on our website.

13. Scope of validity of terms and conditions

Anyone placing a purchase order with the online shop thereby accepts the terms and conditions of the online shop. Should one of these terms and conditions be null and void, for whatever reason, it shall not affect the validity of the other terms and conditions.

Schwerin, 2009-11-03