Terms & Conditions

§ 1          Scope, Contract Language

(1)           These terms and conditions of sale (hereinafter referred to as “T&Cs”) apply to contracts concluded between you and us, Roadsurfer GmbH (Winzererstraße 47d, 80797 Munich, registered under HRB 229982 with the Munich District Court), represented by Managing Directors Markus Dickhardt, Dr. Susanne Dickhardt, and Christoph Niemann through this online shop.
(2)           The only language available for concluding the contract is German. Translations of these T&Cs into other languages are provided for information purposes only. In case of discrepancies between the language versions, the German text shall prevail.

§ 2          Applicable Law, Mandatory Consumer Protection Provisions

German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods, if:
(a) You are ordinarily resident in Germany, or

(b) Your habitual residence is in a non-EU country.

If you are habitually resident in an EU member state, German law also applies, but without prejudice to any mandatory consumer protection provisions of the country in which you are habitually resident.

§ 3          Formation of Contract

(1)           The presentation of goods and services in our online shop does not constitute a legally binding offer but an invitation to place an order (invitatio ad offerendum).
(2)           By clicking the “Buy Now” button at the final step of the ordering process, you submit a binding offer to purchase the goods and/or services shown in the order summary. Immediately after submitting your order, you will receive an order confirmation, which does not yet constitute acceptance of your contractual offer. A contract between you and us is formed once we accept your order and/or booking via a separate email or by dispatching the goods. Please regularly check your email’s SPAM folder.

§ 4          Technical Steps to Form the Contract and Correction of Input Errors

During the ordering process, you first add the desired goods or services to the basket. You can modify the quantity or delete specific items or services at any time. Once items or services have been added, you will proceed to a page where you can enter your information, choose the shipping and payment method. Then, an order summary page will open, allowing you to check your information. You can correct any input errors (such as payment details, personal information, or quantities) by clicking “Edit” on the relevant field. To cancel the ordering process entirely, you can simply close your browser window. By clicking the “Buy Now” button, your declaration becomes binding in accordance with § 3, paragraph 2 of these T&Cs.

§ 5          Contract Text Storage

The contractual terms, including these T&Cs and information about the right of withdrawal, will be sent to you via email upon acceptance of your contractual offer or in the notification sent to you. We do not store these contractual terms.

§ 6          Registration in Our Online Shop; Processing Your Personal Data

(1)           You may order goods or services in our online shop as a guest or as a registered user. As a registered user, you do not need to re-enter your personal information each time you order; you can log in to your customer account using the email address and password you selected when registering.
(2)           Registration alone does not imply any obligation to purchase the goods offered. For more information on data processing, please refer to our privacy policy available via this link: https://roadsurfer.com/uk/privacy-statement/. When registering, you select a personal username and password.

§ 7          Payment Conditions

The purchase price is due immediately upon ordering. Payment for goods is made by credit card (we use “SSL” protocol to encrypt your personal data) or through our payment service provider.

§ 8          Retention of Title

The goods remain our property until full payment is received.

§ 9          Delivery Conditions

We deliver the goods in accordance with the agreements made with you. Delivery charges are indicated in the product description and appear separately on the invoice.

§ 10       Right of Withdrawal

As a consumer, you have a statutory right of withdrawal according to the information attached below. A consumer is any individual who enters into a legal transaction for purposes that can primarily be attributed neither to their commercial nor independent professional activities.

§ 11       Warranty for Purchase of Goods

(1)           If the goods purchased and delivered in our online shop are defective, you have the right, within the statutory provisions, to claim rectification, terminate the contract, or reduce the purchase price.
(2)           The limitation period for warranty claims for delivered goods is two years from the receipt of the goods. Claims for defects fraudulently concealed by us are subject to the regular limitation period.

(3)           Rights regarding defects are also granted within the scope of a quality and/or durability guarantee if such a guarantee was expressly provided for the item sold.

§ 12       Limitation of Liability

(1)           We are liable for intentional acts and gross negligence. We are also liable for minor negligence in the event of a breach of obligations essential to the fulfilment of the contract and on which you may regularly rely. In the latter case, we are only liable for foreseeable and typical contractual damages. This provision also applies to breaches by our agents.
(2)           The above limitations of liability do not apply in cases of physical injury, death, or harm to health. Liability under the Product Liability Act remains unaffected.

§ 13       Competent Court; Online Dispute Resolution and Mediation; Severability Clause

(1)           If, at the time of concluding the contract, you resided or were habitually resident in Germany and subsequently moved, or if at the time of the complaint your place of residence or habitual stay is unknown, the competent court for all disputes is that of our company’s registered office.
(2)           The European Commission provides a platform for online dispute resolution (ODR) at the following address: http://ec.europa.eu/consumers/odr/. Our email address is: [insert email address].

(3)           We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

(4)           Should any provision of this contract be invalid, this shall not affect the validity of the remaining provisions of the contract.

§ 14       Right of Withdrawal

WITHDRAWAL RIGHT

You have the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period will expire fourteen days after the day on which you, or a third party other than the carrier and indicated by you, acquires physical possession of the goods.

To exercise the right of withdrawal, you must inform us, Roadsurfer GmbH, Winzererstraße 47d, 80797 Munich, email: shop@roadsurfer.com, of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or email). You may use the attached withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period expires.