AGB

General Terms and Conditions

General Terms and Conditions (mail order) for private customers of

 

The Royal Monkey

Johann-Schäfer-Str.4

D-53909 Zülpich

Managing Director: Christoph Neuhaus

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§ 1 General

(1) Contractual services and offers from The Royal Monkey (hereinafter referred to as TRM) are provided exclusively in accordance with the following conditions. By taking note of these terms and conditions, the contractual partner agrees to their inclusion in the contract to be concluded with TRM.

 

(2) The contractual partner's general terms and conditions do not become part of the agreement between the parties, even if TRM does not expressly object to any inclusion.

 

§ 2 Conclusion of contract and storage of the contract text

(1) The offers from catalogs and other information carriers of TRM are non-binding. By placing an order for goods, the contractual partner makes a binding declaration of intent to purchase the ordered goods.

 

(2) TRM is entitled to accept offers of the contractual partner within a period of two weeks from receipt. The contract is concluded if TRM confirms acceptance of the offer in writing by post or email within this period or carries out the delivery. It is sufficient to send the confirmation or the goods within this period.

 

(3) The complete text of the contract will not be stored by us. It may be saved electronically by using the print function of the browser prior to sending the order.

 

§ 3 Subject Matter of the Contract

(1) The subject matter of the contract is only the goods that are expressly confirmed by TRM or dispatched in response to the order of the contracting party.

 

(2) Drawings, pictures and other product descriptions - in particular in catalogs - are non-binding and do not constitute a guarantee of quality in terms of the provisions of the German Civil Code.

 

§ 4 Delivery and Payment

(1) TRM is entitled to deliver the contractual goods within two weeks of acceptance of the offer by TRM.

 

(2) All prices are quoted in euros and include the statutory value added tax.

 

(3) TRM delivers goods against advance payment.

 

(4) The customer has the option to pay after receiving an order confirmation by bank transfer, by Sofortüberweisung, by paypal, by Klarna, by credit card or other payment options (see payment options).

 

(5) TRM charges shipping costs and fees per order. If delivery is free of charge because a certain order value has been reached, delivery will only be free of charge if the order value exceeds the limit for free shipping even after any exercise of a right of withdrawal. If the order value after the customer has exercised his right of withdrawal is below the limit for free shipping, the shipping costs and fees incurred (see order information) will be deducted from the amount to be paid to the customer due to the customer having exercised his right of withdrawal.

 

Example:

Order value: EUR 50.00

Less value of the returned item(s) as a result of revocation: - 35.00 EUR

Remaining order value: 15.00 EUR

 

 

The customer has to pay shipping costs retrospectively.

 

(6) TRM is entitled to make partial deliveries, provided that these are conducive to the execution of the contract and reasonable for the contractual partner.

 

(7) The assignment of a claim against TRM is not permitted to the contractual partner, unless TRM expressly agrees to this in writing.

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§ 5 Surfboard Shipping

The costs for surfboard shipping are always based on one surfboard / mid / longboard. If you order more than one surfboard, the additional transport costs will be invoiced separately.

The surfboards will only be shipped after the additional shipping costs invoiced have been paid.

 

§ 6 Right of withdrawal for distance contracts

(1) The following provisions do not apply to goods that have been manufactured according to the specifications of the contractual partner or that are clearly tailored to the personal needs of the contractual partner.

 

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us

 

The Royal Monkey

c/o Service und Vertrieb

Johann-Schäfer-Str. 4

D-53909 Zülpich

 

E-Mail: info@theroyalmonkey.net

 

by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. No model withdrawal form is required for this.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

Consequences of revocation

If you revoke this Agreement, we will reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to revoke this Agreement. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Unfortunately, transfer costs in the case of your payment with an online provider such as Paypal, Klarna etc., as well as transport costs paid by us, cannot be reimbursed. Regarding the online providers, there is the option that you cancel the payment with the online provider yourself. In this case, possible regulations and fees apply according to the respective provider. We can refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract, to

 

The Royal Monkey

c/o Retoure

Johann-Schäfer-Str. 4

D-53909 Zülpich.

 

The deadline is met if you send the goods before the expiry of the period of fourteen days.

You have to bear the regular costs of the return shipment.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

End of the revocation instruction.

 

§ 7 Retention of title

The goods remain the property of TRM until full payment has been received.

 

§ 8 Warranty Trading Products

(1) The warranty period for trading products is two years from delivery of the goods.

 

(2) In the event of complaints, it is necessary that TRM can verify the date of purchase. The article about which a complaint is being made should be sent to TRM together with a copy of the invoice, if available. If the customer is unable to provide a copy of the invoice, this shall have no effect on the warranty claims to which he is entitled.

 

(3) The statutory warranty provisions shall apply to defects in the delivered goods.

 

(4) The contracting party is obliged to inspect the goods immediately upon arrival for transport damage and obvious defects and to report these to TRM immediately. Failure to comply with this duty of inspection and notification shall have no effect on the customer's statutory warranty rights.

 

§ 9 Warranty Print-on-Demand Fashion

(1) The warranty does not cover normal wear and tear caused by use. If maintenance or care instructions from TRM (especially for print items in the fashion sector) are not followed, changes are made to the products, accessories are improperly fitted, parts are replaced or care products are used that do not meet TRM's high quality standards, the warranty shall no longer apply in relation to defects that arise or have arisen as a result of the violation of the aforementioned provision.

 

§ 10 Warranty Board Rack

(1) The statutory warranty for Board Racks is generally also two years and applies to defects that were already present at the time of delivery or that occurred within the first six months after purchase. These are usually material or manufacturing defects (e.g. a broken frame or a defective weld seam). The material properties and differences in relation to rust have been noted. It is known that rust or rust film can occur due to external influences (including oxygen, water and salts from nature) and that this defect is excluded from the warranty.

 

(2) However, a different regulation applies to wear parts (including Armaflex padding, end caps, etc.). These are generally excluded from the warranty, as they can arise from normal wear and tear and are not due to material or manufacturing defects. The same applies for the reasons already mentioned regarding the formation of rust.

 

§ 11 Liability

(1) In case of breach of fundamental contractual obligations due to slight negligence, liability of TRM is limited to the typical, direct, average damage foreseeable for the type of goods. This also applies to slightly negligent breaches of duty by legal representatives or agents of TRM.

 

(2) In addition, TRM is liable under the statutory provisions, provided that the contractor claims damages based on intent or gross negligence, including intent or gross negligence of representatives or agents. As far as TRM is not accused of any grossly negligent or intentional breach of duty, TRM's liability is limited to the foreseeable, typically occurring average damage.

 

(3) The above limitations of liability do not apply to damages resulting from injury to life, limb or health.

 

§ 12 Batteries and rechargeable batteries

(1) If you, as a private end customer (consumer), have purchased batteries or rechargeable batteries from us, or devices that use them, you can return them to us or to municipal collection points free of charge after use.

 

(2) Batteries and rechargeable batteries must not be disposed of in household waste. They contain harmful substances and are marked accordingly. The symbol of a crossed-out wheelie bin and the corresponding pollutant (e.g. Cd: cadmium; Pb: lead; Hg: mercury) can be found on the corresponding batteries and rechargeable batteries.

 

§ 13 Final Clauses

German law applies, excluding the UN Sales Convention, provided that this does not conflict with mandatory consumer protection regulations of the country in which the consumer is domiciled.