General Terms & Conditions

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General Terms and Conditions with Customer Information
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Table of Contents
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1. Scope of Application
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Conditions
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Applicable Law
10. Alternative Dispute Resolution


1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Windlieb Sailing P.C., Straitsa 2, 15th km Thessalonikis - Moudaniwn, Thessaloniki 57001, Greece (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of goods with digital elements unless otherwise stipulated. In addition to delivering the goods, the Seller owes the provision of digital content or digital services (hereinafter “digital products”) that are contained in or connected to the goods in such a way that the goods cannot fulfill their functions without them.

1.3 These GTC shall apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content unless otherwise stipulated. Digital content within the meaning of these GTC means data created and provided in digital form.

1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve to submit a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button completing the order process. Furthermore, the Customer may also submit the offer to the Seller by email or telephone.

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), whereby receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract shall come into existence at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., email, fax, or letter) after the order has been sent. The Seller does not make the contract text accessible beyond this. If the Customer has created a user account in the Seller’s online shop before sending the order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account using the relevant login data.

2.5 Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until clicking the button that completes the order process.

2.6 Different languages are available for concluding the contract. The specific language selection is displayed in the online shop.

2.7 Order processing and contact generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory value-added tax. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 Deliveries to countries outside the European Union may incur additional costs in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in connection with money transfers if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment method(s) will be communicated to the Customer in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract unless the parties have agreed on a later due date.

4.5 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction unless otherwise agreed. The Seller reserves the right to offer purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in the payment information in the online shop. The Seller also reserves the right to carry out a credit check when purchase on account is selected and to reject this payment method if the credit check is negative.

4.6 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 (thirty) days of receipt of the invoice without deduction unless otherwise agreed. The Seller reserves the right to offer purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in the payment information in the online shop. The Seller also reserves the right to carry out a credit check when purchase on account is selected and to reject this payment method if the credit check is negative.

4.7 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction unless otherwise agreed. The Seller reserves the right to offer purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in the payment information in the online shop. The Seller also reserves the right to carry out a credit check when purchase on account is selected and to reject this payment method if the credit check is negative.

4.8 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within the period specified on the invoice without deduction unless otherwise agreed. The Seller reserves the right to offer purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in the payment information in the online shop. The Seller also reserves the right to carry out a credit check when purchase on account is selected and to reject this payment method if the credit check is negative.

4.9 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction unless otherwise agreed. The Seller reserves the right to offer purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in the payment information in the online shop.

4.10 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 (thirty) days of receipt of the invoice without deduction unless otherwise agreed. The Seller reserves the right to offer purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in the payment information in the online shop.

4.11 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction unless otherwise agreed. The Seller reserves the right to offer purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in the payment information in the online shop.

4.12 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within the period specified on the invoice without deduction unless otherwise agreed. The Seller reserves the right to offer purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in the payment information in the online shop.

5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer unless otherwise agreed. The delivery address specified during the Seller’s order processing is decisive for the transaction.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to shipping costs if the Customer effectively exercises their right of withdrawal. With regard to return costs, the provisions made in the Seller’s cancellation policy apply if the Customer effectively exercises the right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the Customer or a person authorized to receive the goods only upon delivery of the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer in the case of consumers as soon as the Seller has delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment if the Customer has commissioned the forwarding agent, carrier, or other person or institution designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed immediately and the consideration shall be reimbursed immediately.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title
If the Seller makes advance performance, the Seller retains ownership of the delivered goods until full payment of the purchase price owed.

7) Liability for Defects (Warranty)
Unless otherwise stated in the following provisions, the statutory provisions governing liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,
- 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 of the goods;
- rights and claims for defects in used goods are excluded;
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

7.2 The limitations of liability and shortening of limitation periods regulated above shall not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- to goods that have been used for a building in accordance with their usual manner of use and have caused its defectiveness,
- to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB applies. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. Failure by the Customer to comply with this shall have no effect whatsoever on their statutory or contractual claims for defects.

8) Liability
The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason
- in cases of intent or gross negligence,
- in cases of intentional or negligent injury to life, body, or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- on the basis of mandatory liability such as under the German Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.

8.3 Any further liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

9) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of entry for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

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