General Terms and Conditions with Customer Information

1) Scope

1.1 These General Terms and Conditions, hereinafter referred to as “GTC”, of SUNRIDE GmbH, hereinafter referred to as the “Seller”, apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur, hereinafter referred to as the “Customer”, with the Seller regarding the goods displayed in the online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity.

1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the course of their commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the online shop do not constitute binding offers but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the order form integrated into the online shop. After selecting the goods and completing the electronic ordering process, the Customer submits a legally binding offer by clicking the button that completes the ordering process.

2.3 The Seller may accept the Customer’s offer within five days,

• by sending a written order confirmation or an order confirmation in text form, by fax or email, or
• by delivering the ordered goods, or
• by requesting payment from the Customer after the order has been submitted.

If more than one of the above alternatives applies, the contract is concluded at the time when the first of these alternatives occurs.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with the PayPal User Agreement or, when paying without an account, in accordance with the Terms for Payments without a PayPal Account. Processing is carried out in accordance with PSD2 including SCA. Transmitted payment data is encrypted using TLS/SSL.

2.5 If the payment method “Amazon Payments” is selected, payment processing is carried out via Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg, in accordance with the Amazon User Agreement.

2.6 The contract text is stored after the contract is concluded and sent to the Customer by email. If the Customer has created an account, the order data can also be accessed there.

2.7 Input errors can be identified and corrected before the order becomes binding. The Customer may adjust their entries until clicking the order button.

2.8 The contract language is exclusively German.

2.9 Order processing takes place by email. The Customer must ensure that their email address is correct and that they can receive emails.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 The withdrawal period is 14 days from receipt of the goods.

3.3 To exercise the right of withdrawal, the Customer must inform the Seller, for example by email to hello@sunride.de.

3.4 The Customer may also exercise the right of withdrawal using the electronic withdrawal form provided on the website under “Cancellation Policy”. After entering the information required to identify the contract and the Customer, the withdrawal may be submitted using the button “Confirm withdrawal”.

3.5 After submission via the electronic withdrawal form, the Seller will confirm receipt of the declaration of withdrawal, including its content, date and time, to the Customer without undue delay on a durable medium. The Customer’s right to exercise the right of withdrawal by any other legally permitted means remains unaffected.

4) Prices and Payment Terms

4.1 All prices are total prices including VAT and, where applicable, excluding shipping costs, which are shown separately.

4.2 Available payment methods are indicated in the online shop.

4.3 Payments are made in accordance with the terms of the respective payment service providers, see Section 2.4.

5) Delivery and Shipping Terms

5.1 Delivery is made to the address specified by the Customer unless otherwise agreed. For payments via PayPal, the delivery address stored there is decisive.

5.2 If delivery fails for reasons attributable to the Customer, the Customer bears the resulting costs. This does not apply to outbound shipping costs in the event of an effective withdrawal.

5.3 Transfer of risk:
For entrepreneurs, risk passes upon handover to the carrier. For consumers, risk passes upon handover to the Customer. By way of exception, risk passes upon handover to the carrier if the Customer commissioned the carrier independently.

5.4 The Seller reserves the right to withdraw from the contract if its supplier fails to deliver, provided the Seller is not at fault. In the event of unavailability, the Customer will be informed and any payments already made will be refunded.

5.5 Collection by the Customer is not possible for logistical reasons.

5.6 Returns are made in accordance with the statutory provisions.

6) Retention of Title

The goods remain the property of the Seller until full payment has been made.

7) Liability for Defects (Warranty)

7.1 The statutory provisions on liability for defects apply unless otherwise specified below.

7.2 If the Customer acts as an entrepreneur,

• the Seller may choose the type of subsequent performance,
• the limitation period for new goods is one year from delivery,
• claims for defects are excluded for used goods,
• the limitation period does not restart in the event of replacement delivery.

7.3 The above limitations do not apply

• to claims for damages or reimbursement of expenses,
• in the event of fraudulent concealment of defects,
• where goods are connected with a building,
• to obligations to provide updates for digital elements.

7.4 Rights of recourse remain unaffected.

7.5 Merchants are subject to the duty to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code.

7.6 Consumers are advised to report transport damage to the carrier. Failure to report such damage does not affect their statutory rights.

8) Product Safety / Information on Special Products

• Use electrical products, such as heated blankets and batteries, only as intended and under supervision.
• Use care products, cooling gels and shampoos externally only and keep them out of the reach of children.
• Dispose of textiles, leather products or plastic parts in an environmentally responsible manner when worn or damaged.
• Dispose of batteries and electrical devices in accordance with the WEEE Directive and through local collection points. Observe the crossed-out wheeled bin symbol.

9) Data Protection

• Personal data is processed in accordance with the GDPR.
• Further details can be found in the Privacy Policy: https://www.sunride.de/datenschutz.

10) Applicable Law

German law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. For consumers, this applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

11) Place of Jurisdiction

If the Customer is a merchant or a legal entity under public law with its registered office in Germany, the place of jurisdiction is the Seller’s registered office. If the Customer’s registered office is outside Germany, the same applies if the contract is related to the Customer’s professional or commercial activity. The Seller may also bring proceedings at the Customer’s registered office.

12) Alternative Dispute Resolution

12.1 The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr.

This platform is intended for the out-of-court resolution of disputes arising from online purchase or service contracts with consumers.

12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.