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General Terms and Conditions with Customer Information

Table of Contents

  1. Scope
  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. Redeeming Gift Vouchers
  10. Applicable Law
  11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of Sahara Wave GbR (hereinafter “Seller”) apply to all contracts for the supply of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller regarding the goods displayed in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC also apply to contracts for the delivery of vouchers unless expressly otherwise provided.

1.3 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.

1.4 An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed 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 enable the Customer to make a binding offer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller’s shop. By completing the order process and clicking the button that finalizes the order, the Customer submits a legally binding offer for the goods in the shopping cart.

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

  • sending an order confirmation in writing or text form (e-mail or fax), or
  • delivering the ordered goods to the Customer, or
  • requesting payment from the Customer after placing the order.

If several of the above alternatives apply, the contract is concluded at the time one of them occurs first. If the Seller does not accept the offer within five days, this is considered a rejection of the offer, and the Customer is no longer bound by it.

2.4 When choosing a PayPal payment method, processing is handled via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg, under PayPal’s terms of use (link) or, if no PayPal account exists, under the terms for payments without a PayPal account (link). The Seller immediately accepts the Customer’s offer when the Customer clicks the final order button.

2.5 After contract conclusion, the Seller stores the contract text and sends it to the Customer in text form (e.g., e-mail). The Seller does not make it accessible beyond this.

2.6 Before submitting the order, the Customer can identify and correct input errors by reviewing the information on screen and using browser tools (e.g., zoom). Inputs can be corrected until the final button is clicked.

2.7 Contract languages are indicated in the Seller’s online shop.

2.8 Order processing and communication are usually by e-mail. The Customer must ensure the provided e-mail address is valid and that Seller e-mails are received (especially by adjusting spam filters).

3) Right of Withdrawal

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Details are provided in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, are not residents of an EU Member State and whose sole residence and delivery address are outside the EU.

4) Prices and Payment Terms

4.1 Unless otherwise stated, all prices in the Seller’s shop include statutory VAT. Any additional delivery or shipping costs are displayed separately in the product descriptions.

4.2 For deliveries outside the EU, additional costs (e.g., transfer fees, exchange fees, customs duties, or taxes) may apply and are the Customer’s responsibility.

4.3 The available payment methods are shown in the Seller’s online shop.

4.4 If prepayment by bank transfer is agreed, payment is due immediately unless otherwise stated.

4.5 If a PayPal method involving pre-financing (e.g., invoice or installment payment) is selected, the Seller assigns their payment claim to PayPal or its designated payment provider. Before accepting, PayPal may perform a credit check. The Seller may deny this payment method in case of a negative result. The Customer must pay directly to PayPal, but the Seller remains responsible for general inquiries (e.g., about goods, delivery, returns, or credits).

4.6 “Sofortüberweisung” (Klarna Bank AB, Sveavägen 46, 11134 Stockholm, Sweden) allows direct online bank payment. The Customer must have an activated online banking account, log in, and confirm payment. Details: https://www.klarna.com/sofort/.

4.7 “Shopify Payments” is handled by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Dublin, Ireland. Payment options are shown in the Seller’s shop. Stripe may involve third-party providers (under separate terms). Info: Shopify Payments Terms.

5) Delivery and Shipping Conditions

5.1 Unless otherwise agreed, delivery occurs within the area indicated by the Seller to the address specified by the Customer. For PayPal payments, the delivery address registered with PayPal applies.

5.2 If delivery fails due to reasons attributable to the Customer, they bear the resulting costs. This does not apply if exercising the right of withdrawal. Return costs follow the withdrawal policy.

5.3 Risk of accidental loss or damage passes to the Customer upon delivery. For entrepreneurs, risk passes upon handover to the carrier. If the Customer arranges shipping with a carrier not named by the Seller, risk transfers upon handover to that carrier.

5.4 The Seller may withdraw from the contract if not supplied correctly or on time by their supplier, provided the Seller is not at fault and made a proper supply agreement. The Customer will be informed immediately and refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

The goods remain the Seller’s property until full payment is received.

7) Liability for Defects (Warranty)

Legal warranty provisions apply unless stated otherwise below.

7.1 For entrepreneurs:

  • The Seller chooses the type of subsequent performance.
  • Warranty period for new goods: one year after delivery.
  • Warranty for used goods excluded.
  • Warranty does not restart after replacement delivery.

7.2 For consumers, the warranty for used goods may be limited to one year if expressly agreed and clearly communicated before purchase.

7.3 The above exclusions do not apply to claims for damages, fraud, building materials, or legal obligations to provide updates for digital elements.

8) Liability

The Seller is liable to the Customer for damages as follows:

  • In cases of intent or gross negligence,
  • For injury to life, body, or health,
  • Under product liability law or explicit guarantees,
  • For breaches of essential contractual obligations (limited to foreseeable damages).

Otherwise, the Seller’s liability is excluded. The same applies to legal representatives and agents.

9) Redeeming Gift Vouchers

Gift vouchers purchased via the Seller’s online shop can only be redeemed there unless otherwise specified. Vouchers and remaining balances are valid until the end of the third year after purchase. Cash payout or interest is excluded. Vouchers must be used before order completion and cannot be applied afterward.

10) Applicable Law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this only applies if protection granted by mandatory law in their home country is not withdrawn.

11) Alternative Dispute Resolution

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