Terms of service

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of SUNRIDE GmbH (hereinafter referred to as the "Seller") apply to all contracts for the delivery of goods concluded between a consumer or business customer (hereinafter referred to as the "Customer") and the Seller in relation to the goods displayed in the online shop. Any 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 attributable to their commercial nor their self-employed professional activity.

1.3 A business customer 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 self-employed 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 using 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 and clearly indicates the obligation to pay.

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

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

If more than one of the aforementioned 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 will be processed by 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, in the case of payment without a PayPal account, in accordance with the terms for payments without a PayPal account. Payment processing is carried out in accordance with PSD2, including Strong Customer Authentication (SCA); transmitted payment data is encrypted using TLS/SSL.

2.5 If the payment method "Amazon Payments" is selected, payment will be processed by 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 will be stored after conclusion of the contract and sent to the Customer by email. If the Customer has created an account, the order details can also be accessed there.

2.7 Input errors can be identified and corrected before the order becomes binding. The Customer may amend 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 the email address provided is correct and that emails can be received.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 The withdrawal period is 14 days. In the case of a single delivery, the period begins upon receipt of the goods by the consumer or a third party designated by the consumer who is not the carrier. If several goods from a single order are delivered separately, the period begins upon receipt of the last item. If goods are delivered in several partial shipments or pieces, the period begins upon receipt of the last partial shipment or the last piece.

3.3 To exercise the right of withdrawal, the Customer must inform the Seller of their decision to withdraw by means of a clear statement, for example by email to hello@sunride.eu.

3.4 The Customer may also exercise their right of withdrawal using the electronic withdrawal function provided at sunride.eu. The withdrawal function is continuously available during the withdrawal period, prominently displayed and easily accessible. It is labelled "Withdraw from Contract" or with another equivalent and unambiguous wording. After entering the information required to identify the Customer and the contract, as well as the electronic means of communication to which confirmation of receipt is to be sent, the withdrawal may be submitted using the button labelled "Confirm Withdrawal" or another equivalent and unambiguous wording.

3.5 After submission via the electronic withdrawal function, the Seller shall immediately confirm receipt of the withdrawal declaration to the Customer on a durable medium, including its content, date and time. The possibility of exercising the right of withdrawal by any other legally permissible means remains unaffected.

Effects of Withdrawal:
Payments already made, including the cost of the least expensive standard delivery offered, will be reimbursed no later than 14 days from the day on which the Seller receives the withdrawal declaration. In the case of a consumer goods contract, the Seller may withhold reimbursement until the goods have been returned or until the Customer has provided evidence that the goods have been sent back, whichever is earlier.
The consumer shall bear the direct costs of returning the goods, provided that they have been duly informed of this and unless otherwise required by law.

4) Prices and Payment Terms

4.1 All prices are total prices including statutory VAT and all other price components. Additional shipping costs may apply and will be shown separately.

4.2 The available payment methods are specified in the online shop.

4.3 Payments are made in accordance with the terms of the respective payment service providers; see Sections 2.4 and 2.5.

5) Delivery and Shipping Conditions

5.1 Delivery will be made to the address provided by the Customer unless otherwise agreed. For payments made via PayPal, the delivery address stored with PayPal shall be decisive.

5.2 If delivery fails for reasons attributable to the Customer, the Customer shall bear the resulting costs. This does not apply to the initial delivery costs in the event of a valid withdrawal.

5.3 Transfer of Risk:
For business customers, the risk passes to the Customer upon handover of the goods to the forwarding agent, carrier or other person appointed to carry out the shipment. For consumers, the risk generally passes only upon delivery of the goods to the consumer or a third party designated by the consumer. By way of exception, the risk passes upon handover to the carrier if the consumer has independently commissioned the carrier and the Seller did not previously name that carrier to the consumer.

5.4 The Seller is entitled to withdraw from the contract if, despite having concluded a corresponding covering transaction in good time, the Seller is not supplied correctly or on time by its supplier for reasons for which the Seller is not responsible. The Seller shall inform the Customer immediately of the unavailability and shall promptly reimburse any payments already made.

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

5.6 Returns are handled in accordance with the statutory provisions.

6) Retention of Title

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

7) Liability for Defects (Statutory Warranty)

7.1 The statutory provisions governing liability for defects apply unless otherwise provided below.

7.2 If the Customer is acting as a business customer,

  • the Seller shall have the choice of the type of subsequent performance,
  • the limitation period for defects in new goods shall be one year from delivery,
  • claims for defects in used goods are excluded,
  • a replacement delivery shall restart the limitation period only where the statutory requirements for doing so are met.

7.3 The aforementioned limitations do not apply

  • to claims for damages or reimbursement of expenses,
  • if the Seller has fraudulently concealed a defect or has provided a guarantee as to the quality of the goods,
  • to goods that have been used for a building in accordance with their customary purpose and have caused the building to be defective,
  • where statutory updating obligations relating to goods with digital elements are concerned.

7.4 Statutory rights of recourse remain unaffected.

7.5 If the Customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch, HGB) and the transaction constitutes a commercial transaction for both parties, the duties of inspection and notification of defects pursuant to Section 377 HGB shall apply.

7.6 Consumers are requested to report goods with obvious transport damage to the delivery service and to inform the Seller accordingly. Failure to do so has no effect whatsoever on the consumer's statutory or contractual rights in respect of defects.

8) Product Safety / Information on Special Products

  • Electrical products such as heated rugs and products containing rechargeable batteries must only be used for their intended purpose and in accordance with the respective safety and operating instructions.
  • Care products, cooling gels and shampoos must only be used for their intended purpose and must be kept out of the reach of children.
  • Textiles, leather products and plastic components must be disposed of in accordance with applicable local disposal regulations when worn out or damaged.
  • Waste electrical and electronic equipment, as well as waste batteries and rechargeable batteries, must not be disposed of with unsorted municipal waste. The statutory return and disposal requirements apply, in particular those under the German Electrical and Electronic Equipment Act (ElektroG), Regulation (EU) 2023/1542 and the German Battery Law Implementation Act (BattDG). Relevant markings, in particular the crossed-out wheeled bin symbol, must be observed.

9) Data Protection

  • Personal data is processed in accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR).
  • Further information is available in the Privacy Policy at https://sunride.eu/datenschutz.

10) Applicable Law

German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

11) Jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law, the Seller's registered office shall, to the extent permitted by law, be the place of jurisdiction for all disputes arising from the contractual relationship. The same applies, to the extent permitted by law, if the Customer is acting as a business customer and has no general place of jurisdiction in Germany. The Seller is also entitled to bring proceedings at the Customer's place of business or residence.

12) Consumer Dispute Resolution

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