GTC


§ 1. Validity of the Conditions

MES Multiple Exchange Surfboards (in the following MES Surfboards) is performing businesses only by application and in accordance with its General Terms and Conditions (GTC) that are effective at the time of the customer’s order. Those GTC are available on the Internet on our website www.mes-surfboards.de. In addition we will send the GTC with our order confirmation. In case of question; the version of GTC published on our website will be applied. The GTC might be subject to changes and alterations. Differing terms and conditions of the customers will not be part of the contract.

§ 2. Conclusion of the Contract/Escape Clause

(1) The order of the customer is binding for him. When MES Surfboards receives this order, an automatically generated confirmation of the receipt of the order will be send to the customer. This is NOT a binding contractual acceptance of the order, but sole information for the customer that summarises the content of his order. The contract becomes only effective by MES Surfboards sending an explicit acceptance of the order, debiting the orders invoice amount or sending the ordered goods.

(2) MES Surfboards reserves the right to make credit assessments even after conclusion of the contract and to withdraw from the contract, if the result is clearly negative. Such a “clearly negative result” might especially be seen in the fact that the customer is negatively listed in an available credit report. We also reserve the right to withdraw from the contract in case the goods are not available for a period of at least four weeks or data error are existent, which causes that the order can not be carried out.

§ 3. Distance Contracts – Right to revoke/to return

The following provisions are additionally effective for distance contracts, e.g. via Internet or telephone:

(1) At contracts concerning the delivery of goods, each private customer (consumer in the sense of Art. 13 of the German Civil Code) is entitled to withdraw the order by returning the delivered goods within two weeks. The revocation period begins with the costumer’s receipt of the ordered goods, or respectively the first part of an accumulative delivery. For keeping the term; it is sufficient to ship the goods back to MES Surfboards within the time limit. The return does not have to include an explanatory statement. It has to be sent to: MES Surfboards, Brühler Weg 38, 40667 Meerbusch, Germany.

(2) Goods delivered have to be returned to the preceding address of MES Surfboards. MES Surfboards bears the risk of the return and, as a basic principle, its costs. Please return the goods by using the same type of delivery we had chosen before. Possible additional fees incurred by express deliveries have to be agreed with by MES Surfboards beforehand. Otherwise they are to be borne by the client. Additional costs for returning, which accrue through the choice of another type of delivery, will not be borne by MES Surfboards. MES Surfboards compensates the purchase price immediately after receipt of the goods. Any costs of return will be compensated as well on presentation of the respective receipt. In case the return was done ‘cash on delivery’; there will be no compensation for shipping costs. The compensation will be accomplished by bank transfer to an account specified by the client.

(3) The costs of return are not to be borne by MES Surfboards, if

a.the value of goods amounts to EUR 40,- at most or

b.the value of goods amounts to more than EUR 40,- and at the time of revocation the purchase price was not yet totally paid or MES Surfboards did not receive an agreed down payment, unless the delivered goods do not match the client’s order.

(4) In case of degradation of the goods MES Surfboards will demand compensation. To avoid such liability; we recommend, not to use the goods like property and to leave everything undone, that interferes with its value as long as the revocation period runs. Compensation is not to be paid if the degradation of the goods results from its inspection as it would have been possible in a shop.

(5) The right of revocation according to para. 1 is not applicable to the order of such goods that were produced on request and of the client’s specification or which is clearly custom-tailored (custom-made product). This also applies particularly for purely optical individualisations.

§ 4. Delivery – shipping and handling

(1) Any information about shipping times and dates of delivery are non-binding, as long as MES Surfboards has not marked it as binding.

(2) We are entitled to partial shipment, if one part of an order is temporarily not available. Extra shipping expenses due to such partial shipment are to be borne by MES Surfboards.

(3) Regular shipping expenses are to be borne by the customer. MES Surfboards will not charge the customer for any expenses for deliveries within Europe and to Switzerland from a value of goods of EURO 2.500,- and for deliveries to the USA or Australia from a value of goods of EURO 3.500,-. About any discount on shipping expenses for other countries the customer will be informed after enquiry. If the order sum does not exceed the minimum for free delivery, MES Surfboards will charge EURO 20,- for shipping within Europe, EURO 50,- to Switzerland, EURO 80,- to the USA and EURO 120,- to Australia.

Postage & packaging prices within Germany:

Package Size Longest + shortest side Postage &Packaging Island surcharge
XS ≤ 35 cm 4.10 EUR 13.90 EUR
S ≤ 50 cm 5.90 EUR 13.90 EUR
M ≤ 65 cm 6.90 EUR 13.90 EUR
L ≤ 80 cm 9.90 EUR 13.90 EUR
XL ≤ Gurtmaß 15.30 EUR 13.90 EUR

Postage & packaging prices within European Union (EU):

Package Size Longest + shortest side Euro I Euro II Euro III Euro IV Euro V
XS ≤ 35 cm 12.60 EUR 15.40 EUR 18.00 EUR 19.10 EUR 29.70 EUR
S ≤ 50 cm 13.70 EUR 17.00 EUR 20.80 EUR 22.00 EUR 34.90 EUR
M ≤ 65 cm 15.90 EUR 19.70 EUR 25.20 EUR 26.00 EUR 43.10 EUR
L ≤ 80 cm 18.00 EUR 22.40 EUR 28.90 EUR 30.10 EUR 46.20 EUR
XL ≤ Gurtmaß cm 20.80 EUR 25.00 EUR 33.20 EUR 34.20 EUR 56.40 EUR

Zone divisions:

Euro I Euro II Euro III Euro IV Euro V
Belgium France Ireland Poland Estlonia
Netherlands Italy Finland Czech Republic Latvia
Luxemburg Great Britain Portugal Hungary Lithuania
Denmark Spain Slovakia Bulgaria
Austria Sweden Slovenia
Romania

(4) For shipment outside of Europe or Switzerland, tolls might be charged by the authorities. Those are to be borne by the customer.

(5) If the shipping is not made to a consumer in the sense of Art. 13 of the German Civil Code, the risk of degradation or lost of the goods is to be borne by the client at the time of handover to the shipping enterprise.

§ 5. Picture of the goods

The pictures of our boards that can be seen on our website are partly exemplifying presentation and therefore the shipped goods can be different from those demonstrations. From that fact no warranties or guaranties in favour of the customer will arise.

§ 6. Payment conditions

(1) The price will be due to payment when the shipping started. No regular deductions will be granted.

(2) Payment can be made by credit card, cash on delivery, direct debit or prepayment. If the customer is resident outside Germany, there will only be sale against cash in advance.

(3) The customer is not entitled to summation and assertion of a right of retention, unless his counter claims are either undisputed or assigned by a courts’ judgement.

(4) The Internet prices include the FRG in the current VAT rate of 19%.

(5) For transactions via the Internet payment/delivery in advance. (Bank transfer, check)

§ 7. Retention of Title

The delivered goods remain property of MES Surfboards until all claims towards the client are fulfilled.

§ 8. Warranty/Liability

(1) MES Surfboards is unlimited liable for damages that result of intentional behaviour or negligence from employees or agents of MES Surfboards or vicarious agents. Further liability is expressively excluded.

(2) Further limitation in case of negligence towards entrepreneurs: MES Surfboards is only liable for those damages, which effect of culpable infringement of essential contractual commitments (cardinal duties). This liability is limited to typically arising damages that are to be expectable by each party in relation to the knowledge of circumstances at time of conclusion of the contract. In such cases MES Surfboards is liable for all damages that do not exceed the amount of the double value of the order sum, resulting from this contract and being compensated because of this provision. It is advised that individual contractual provisions regarding further restrictions of liability take priority over this provision.

(3) The limitation of liability of para. (1) to (2) also analogously applies for the benefit of employees and commissioners of MES Surfboards.

(4) The preceding provisions do not apply to cases of liability arising by the Product Liability act, for damages from injury of life, body or health remains. This applies to a possible liability of MES Surfboards itself and as well to a lawful representative or vicarious agent.

(5) If any goods delivered are imperfect, the customer, that is a consumer, might choose between his rights given to him by the German Civil Code. That might be, if possible, the removal of the fault or a replacement delivery. If both should fail, he is entitled to reduce the purchase prise or, if the fault is material, to withdraw from the contract. Further rights of the customer are excluded. Common signs of use, especially marks on the surface of the board due to sandy or rocky grounds and flotsam, are expressively excluded from any liability claim.

(6) In case of a sales contract with an entrepreneur; MES Surfboards is entitled to choose the kind of supplementary performance. If the second trial of supplementary performance fails, the client receives the right to choose the kind of supplementary performance on his own. The application of Art. 478 para. 1 of the German Civil Code (right of recourse of the entrepreneur) as well as the right to demand compensation for damage under the measure of the lawful regulations remains unaffected hereof.

§ 9. Data Protection

(1) The customer approves storage, processing and usage of the individual-related data transferred to MES Surfboards in the scope of the order and for the performance of the contract.

(2) MES Surfboards ensures to only store those data of the customer that are necessary for handling the business. All data will be kept confidentially and not disclosed to third parties without the client’s consent.

§ 10. – General Information

(1) Surfboards made by MES Surfboards are not indestructible and can be damaged by improper use and apart from that cause enormous damage elsewhere. Surfboards are just for surfing – jumping on them ashore, beating or hammering on them and similar behaviour is not only a bad concept, but no contractual behaviour and therefore not comprised by liability or warranty.

(2) Any tests by MES Surfboards in the course of the presentation of the stability and the durableness of the boards are only made for demonstration of capacity. Only for that reason the test pushes the board to its limits. It is strongly recommended not to imitate this treatment or to perform such a test. Apart from that it would be no contractual behaviour.

(3) Boards produced by MES Surfboards shall enhance fun in the waves and especially in the surges. Boards are not meant to be swim-supporting or to be devices, which protect the life or the health of the surfer in the water. Whenever somebody would not survive the swell, the kind or hight of the wave by swimming without a surf board, he should not paddle offshore to surf! We especially refer to the enormous danger in case of the surfer gets departed from the board in the water. For those risks only the surfer is responsible!

(4) Surfboard Warranty Surfboards are mostly hand crafted products. All our surfboards are warranted to be made from the finest materials to the highest specifications and standards by an experienced group of craftsman. This surfboard is guaranteed to perform as intended by the shaper and designer. It utilises new industry methods, and is made using the most refined and proven materials. It is not guaranteed against breakage or damage, however caused, simply because the circumstances are out of our control. Surfing places huge demands on equipment; even small waves can create sufficient hydraulic pressure to snap a surfboard. The better the quality the less likely this is to happen; good surfboards are made with sufficiently strong qualities to absorb most impacts and flex. Our surfboards are produced from the best materials and the highest standards. Because of the nature of the sport of the Surfens no guarantees are offered against the damage or the breaking by surfboards or are included

§ 11. Miscellaneous - Applicable Law – Place of jurisdiction

(1) Should a provision of this agreement be invalid or become invalid or should this agreement contain an omission, then the legal effect of the other provisions shall not thereby be affected. Instead of the invalid provision a valid provision is deemed to have been agreed upon which comes closest to what the parties intended commercially; the same applies in the case of an omission.

(2) The contract with MES Surfboards is subject to German Law under exclusion of CISG - United Nations Convention on Contracts for the International Sale of Goods. Place of Jurisdiction for disputes with commercial clients shall be Düsseldorf, Germany. However; against entrepreneurs MES Surfboards is entitled to sue as well at the place of the registered office of the customer.