§1 Area of application

The conditions of entering into a business contract - including all future contracts between the seller and the buyer are set forth herein exclusively and are binding at the time of ordering merchandise. Conditions altered by the customer are not recognized by "Wibit Sports GmbH", except when "Wibit Sports GmbH" has specifically acknowledged their validity in writing.

§2 Placing an Order - Completion of Contract

Wibit Sports GmbH agrees to accept the customer's order based on the conditions of the web site. If the web site should contain printing-, spelling- and/or accounting errors not caused by Wibit Sports GmbH, the seller is entitled to cancel the order. At the time of mailing, the contract becomes binding.

§3 Special work

Specific work beyond that contractually agreed upon shall be invoiced seperately and with net invoicing. We invoice these special additional items of work according to our offer or per hour worked. Special work includes:             special painting/ livery, advertising logos, advertising adjustments, fitting/ installation, etc.

§4 Prices, Shipping and Delivery

1. Unless otherwise specified, the delivery of the order is made from the warehouse to the address given by the buyer. The liability for the ordered goods lies with the buyer as soon as the goods have departed the Wibit Sports GmbH place of business, this applies also when shipping only part of an order. In order to reduce the risk of loss, all orders are insured by Wibit Sports GmbH. Stated delivery dates are not binding except when otherwise agreed on in writing. You can find the cost of shipping in the menu under Payment/Dispatch.
2. Shipments From Germany:
   All prices indicated are without applicable taxes and VAT. The VAT will be calculated at the end of the ordering process and indicated on your final order amount.
3. Shipments outside of Germany within the European Community:
   If you have a valid VAT number, then there might not be the need to charge you 19% German VAT. Please contact our sales department and register your VAT number. If you do not have a VAT number, then 19% German VAT will be applied to all orders. This will be indicated on the final order amount. You might be able to retrieve the VAT back at your local tax office.
4. Shipments outside the European Community:
   Depending on the order amount and final destination of delivery there might not be the need to add 19% German VAT onto the final order amount. Wibit can provide and export document for orders with a value over 750 €/USD. All values below this amount will be charged with 19% VAT if necessary.

§5 Payments Due and Late Payments

Payment for the purchased goods is due upon placement of the order. Currently, the buyer can render payment per credit card, wire transfer in advance and cheque.  When the sum is credited to our account, the purchase is considered paid. The customer is liable for additional costs that may result when refunding money and/or other fees. When payment is late, Wibit Sports is entitled to charge a late fee of 5% above the annual base interest percentage posted by the German Bundesbank. In case Wibit Sports GmbH can creditably prove that their loss caused by late payment exceeds the amount stated above, the company can lawfully post these charges.

§6 Payment Deduction, Partial Payment

The customer is entitled to change payment only when the amount in question is lawfully certified and/or acknowledged by Wibit Sports GmbH. Also, the buyer's right withholding a portion or part of payment is subject to the same rules and regulations as for the seller.

§7 Ownership of Merchandise

Wibit Sports GmbH is the sole owner of the ordered merchandise until proper payment is rendered in full by the customer.

§8 Defects, Guarantee, and Warranty

Wibit Sports GmbH can choose to remedy defective merchandise by either repairing or replacing the article. If Wibit Sports GmbH is not willing or not able to repair or replace the defective goods or the shipment is late beyond a reasonable time period for reasons Wibit Sports GmbH has to justify; or if the attempt to repair/replace the goods in one or another way has failed, the customer is entitled to cancel the order.

If nothing else of pertinence is stated below, further demands made by the customer - for whatever reasons - are not permissible. Therefore Wibit Sports GmbH is not liable for any damage not directly connected with the ordered goods. Wibit Sports GmbH is especially not liable for the buyer's monetary losses or other property losses or damage thereof. The liability of Wibit Sports GmbH is restricted or limited, this holds also true for the personal liability of employees, representatives and facilitating clerks.

Above stated liability restrictions are void if the cause of damage is intentional or based upon gross negligence. The liability restriction is also void under the conditions stated in paragraphs 1 and 4, product liability law; demands for failure to full fill the promised product's quality or demands for recompense according to the paragraphs 463, 480 part 2 or the BGB (German Civil Code of Law). The same applies also to initial inability or justifiable impossibility.

Repairs by third parties are not covered by our warranty unless we agree in writing to these third party repairs in advance.

Should the fault be caused by the purchaser, his staff or by improper use, then all incurred costs (including transport) shall be compensated by the purchaser.

Guarantee exclusions for inflatable products

Those warranty conditions above are not applicable:
Incorrect or undue use of the product by the purchaser (e.g. incorrect mooring, false air pressure, incorrect towing etc.)
Product use on land or in too shallow water.
Collisions, theft, vandalism, wave damage, stranding etc.
Changed product design or illegal copying.
Weathering damage (acid rain, storm, high waves, snow, ice, wind, use in saltwater, chemical or biological consequences etc.)
Damage resulting from insufficient maintenance.
Normal wear and tear (including colour fading, metal weathering, material ageing, when used under normal conditions.

If Wibit Sports GmbH is negligent and fails to keep any inherent part of the contract, Wibit Sports GmbH is responsible only for the damage that typically occurred to goods or persons. The guarantee shall be good for 24 months starting at receipt of goods.

§9 Protection of Personal Data

All your personal data such as credit card number, bank identification - and account number as well as your name and address are transmitted in code by the Secure Software Server. This information is not accessible during transmission via Internet by unauthorized persons. At the time of entering your information, the system changes all symbols into a code, which is then securely transmitted. Please note that according to paragraph 33 BDSG, your data is exclusively used to facilitate the contracted business - that is our obligation. Thus the customer has been fully informed by Wibit Sports GmbH about the type, extent, location, and purpose of transmitting, recording and reviewing online of personal data, their processing and utilization for the completion of ordering goods. The customer agrees explicitly with the above statement.

§10 Terms of Law, Domicile and Seat of Law

The terms of the above agreement are governed by the laws of the Federal Republic of Germany with the exclusion of UN purchasing rights. For all legal demands in connection with this business agreement, the exclusive seat of law Bocholt, Germany.