General Terms and Conditions (GTC)

1. scope of application

For purchases via our stationary trade and our online store, the following General Terms and Conditions (GTC) apply after you have confirmed that you have taken note of them when purchasing online or in the store.

If the customers are companies because they are self-employed in a commercial or professional interest, the deviating provisions applicable to these customers are indicated separately in these GTC.

2. contracting party, conclusion of contract

The contract is concluded - online or in the store - with Lakeberg GmbH (reachable at e-surfer.com). A contract is concluded on the basis of these General Terms and Conditions (GTC).

The presentation of the products in the online store is not a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.

If you pay by credit card, PayPal, Sofortüberweisung, Klarna or invoice, the purchase contract is concluded upon completion of the respective order process.
With regard to all other payment methods, the purchase agreement is concluded as soon as you receive our shipping confirmation sent by e-mail; at the latest, however, when you receive the goods.

In stationary sales, the agreement is made with the inclusion of our terms and conditions in the store.

3. instruction to the revocation

Right of withdrawal

For customers who have concluded a contract with us by way of distance selling as consumers (e.g. were advised exclusively by e-mail or telephone and did not visit our test center), the following regulation applies:

You have the right within fourteen days without giving any reason to revoke this contract. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

To exercise your right of withdrawal, you must inform us (Lakeberg GmbH, Vicki-Baum-Strasse 80, 10317 Berlin, contact@e-surfer.com, 030-20609981) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.

For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory. We would like to point out that you will not incur any additional telecommunication costs as a result of the revocation.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

4. Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us (Lakeberg GmbH, Vicki-Baum- Straße 80, 10317 Berlin) without undue delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back).


- Lakeberg GmbH, Vicki-Baum-Strasse 80, 10317 Berlin, contact@e-surfer.com
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of paper communication)

5. Expiry of the right of withdrawal

Pursuant to Section 312 g (2) No. 1 of the German Civil Code (BGB), the right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated, but for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

It also expires according to § 312 g paragraph 2 No. 3 BGB prematurely in contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery.

6. payment

In our store, the following payment methods are generally available to you:

Credit card

With the submission of the order you transmit us your credit card data at the same time.
After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction will be carried out automatically by the credit card company and your card will be charged.

PayPal

In the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment instruction to PayPal. After submitting the order in the store, we request PayPal to initiate the payment transaction and thereby accept your offer.

Sofortüberweisung

Sofortüberweisung.de is a TÜV-approved direct transfer method. It does not require the creation of an account. The payment is in real time and a transfer of your online banking account. The purchase amount is transferred immediately and directly to the merchant's bank account.

Prepayment

Prepayment is a payment term where the seller first requires a payment of the purchase price from the buyer before the seller ships the goods.
We ship the goods as soon as we have received payment.

Set-off or retention

A set-off or a right of retention with our demands is excluded, as far as it does not concern legally determined or undisputed demands of the buyers. This exclusion of a set-off does not apply if you are entitled to a right of revocation and thus to claims for return on the basis of a consumer transaction.

A discount is not granted.

7. reservation of proprietary rights

The goods remain our property until full payment of the invoice amount. We ship the goods after the full payment has been received by us.

8. deliveries

Deliveries are basically only possible in Germany and to such places that have been expressly named in the drop-down menu for delivery addresses. To other places, delivery is only possible if expressly agreed otherwise separately and individually before the conclusion of the purchase.

The risk of accidental loss or accidental deterioration passes to customers who are not consumers upon delivery of a sold item to the person or company designated to carry out the shipment ("shipping company") (§ 447 I BGB).

The risk of accidental loss or accidental deterioration of the item passes to consumers upon delivery of a sold item to the shipping company only if the customer has commissioned the shipping company with the shipment and Lakeberg has not previously named the shipping company to the customer.

Deliveries are usually made via the forwarding company Dachser.

9.. Transport damage
If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and contact us immediately. The

Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

10.. Warranty and guarantees

The legal liability for defects applies. Information on any additional warranties and their exact conditions can be found with the product. If you have any questions, please contact our customer service.
Written information about a product on the invoice is binding.
If the customer is a business, the limitation period for warranties is 1 year from the date of acceptance of the purchased item by the business, beginning at the end of the year of acceptance of the purchased item. This warranty period of one (1) year shall also apply to corporate customers in the case of used goods.

11. customer service

Our customer service is at your disposal.
You can reach us from Monday-Saturday from 11:00 am to 7:00 pm at:
Phone: 030-20609981

Outside business hours, you can always contact us by email contact@e-surfer.com or directly through our contact form. We will reply as soon as possible. 


12.. Liability

Lakeberg GmbH is always liable without limitation for claims based on injury to life, body and health caused by us, our legal representatives or vicarious agents.

In the case of a contract with a company, liability can only be limited - except in the case of injury to life, body and health - in the case of slight negligence of a breach of duty not affecting essential contractual obligations.

Material contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations). In the event of a breach of non-essential contractual obligations due to slight negligence on the part of Lakeberg GmbH by our legal representatives or vicarious agents vis-à-vis customers who are companies, the amount of liability is limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages in the case of non-essential contractual obligations are excluded, unless damage to life, limb or health or the breach of essential or non-essential contractual obligations by intent or gross negligence.

13. Other provisions

(1) Contractual agreements must be in writing to be effective. Oral agreements shall not be valid. In particular, any waiver of the written form requirement must be in writing.
(2) In the event that a company is a contractual partner, in the event of an invalid clause, the partners agree to find a provision that comes closest in economic terms to the original clause.
(3) In the event that the contractual partner is a company, the applicable law for the contract shall be the law applicable in the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(4) In the event that the contractual partner is a company, the place of jurisdiction for all disputes arising from this contract or in connection with this contract shall be Berlin.
(5) The contract shall be concluded in German. The text for the respective order is not stored in our company. It can also not be retrieved after completion of the ordering process. However, you can of course print out the data of your order immediately after sending the order.

14. dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.

We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.

Status: 10.03.2023