General Terms and Conditions

Dear Blue Hawaii friend, skippers and customers.

Hawaii stands for nature, health, purity, clarity and a healthy togetherness and mutual understanding of man and nature. All of those in the TCB – Blue Hawaii team feels deeply committed to these values. The internal team, as well as our partners, attach great importance to the best product quality and the utmost transparency. Our most important values include those that are found in the German word for success, Erfolg:
Ehrlichkeit [honesty], Respekt [respect], Freundlichkeit [friendliness], Offenheit [openness], Liebe [love] and Glaube [faith]

We run our company and consequently, our store, according to these values. In our store, our most important concerns are our friends, skippers and customers.

YOU are our focus!

Nevertheless, there are a few rules that need to be observed. The General Terms and Conditions. We have had these thoroughly and conscientiously reviewed by our attorneys and now you can study them quietly below.

Thank you for your trust! Aloha & Mahalo!

  1. General
  2. Contract conclusion
  3. Delivery
  4. Cancellation right / cancellation consequences
  5. Packing and shipping costs
  6. Payment, reservation of title
  7. Defect claims and liability
  8. Data protection
  9. Copyrights
  10. Applicable law, legal jurisdiction, partial invalidity

1. General

1.1 For all business relationships between TCB / Claudius Fabig and the purchaser, the General Terms and Conditions of TCB / Claudius Fabig shall exclusively apply in the version that is valid at the time of the order. With the order, the purchaser declares his unrestricted and unconditional consent to the General Terms and Conditions of TCB / Claudius Fabig. Conditions of the purchaser which deviate from these terms and conditions shall require the written consent of TCB / Claudius Fabig. These General Terms and Conditions shall also apply exclusively if TCB / Claudius Fabig performs unconditional services in awareness of the purchaser’s contradictory General Terms and Conditions.

1.2 These terms and conditions shall be valid as a framework agreement, also for all other legal transactions between the contracting parties.

1.3 If individual provisions of these General Terms and Conditions should be invalid or be amended on the basis of a contractual agreement, this shall not affect the validity of the remaining provisions of these General Terms and Conditions.

2. Contract conclusion

2.1 All of our offers are subject to confirmation.

2.2 By ordering the goods using the “offer confirmation” option, the purchaser is issuing a binding offer to conclude a purchase contract.

2.3 A contract shall be concluded between TCB / Claudius Fabig and the purchaser by means of the acceptance of the purchaser’s offer by TCB / Claudius Fabig. The acceptance of the offer shall occur by sending an order confirmation by e-mail.

2.4 The purchaser shall be bound to his offer to conclude a purchase contract for a maximum of 5 working days. If now acceptance has occurred by this time, no valid purchase contract shall be concluded.

2.5 The contract text shall be saved. The General Terms and Conditions can be viewed on this website at any time.

3. Delivery

3.1 After receipt of the order and acceptance of the offer, all goods shall be delivered as quickly as possible, if available from the warehouse.

3.2 Delivery shall occur within Germany as well as to EU countries.

3.3 The delivery period within Germany shall amount to approx. 2 to 5 days, if not otherwise agreed, however, generally not longer than 8 working days.

3.4 The delivery period within other EU countries shall amount to approx. 5 to 8 days, if not otherwise agreed, however, generally not longer than 12 working days.

3.5 The quoted delivery periods are regarded as anticipated delivery periods.

3.6 TCB / Claudius Fabig reserves the right to make partial deliveries.

3.7 If a product should be temporarily unavailable, the purchaser will be informed about the anticipated delivery period, provided that the purchaser’s e-mail address is available.

3.8 If the ordered goods should not be available due to circumstances for which TCB / Claudius Fabig is not responsible, particularly due to non-timely delivery by contracting parties of TCB / Claudius Fabig or due to force majeure, TCB /Claudius Fabig reserves the right to withdraw from the contract and not deliver the ordered goods in the case of non-availability. If the purchase price has already been paid at this time, it shall be immediately refunded.

4. Cancellation right / cancellation consequences

4.1 Cancellation right
The purchaser can cancel his contractual declaration within 14 days, without providing reasons, in text form (e.g. letter, fax, e-mail) or - if the item has been surrendered to him prior to the expiry of this time limit - by returning the item. The time limit shall begin with the receipt of this instruction in text form, however, not prior to receipt of the goods by the recipient (with the recurring delivery of the same type of goods, not prior to receipt of the first partial delivery) and also not prior to fulfilment of the information duties of TCB / Claudius Fabig pursuant to Article 246 § 2 in conjunction with § 1 (2) and (2) EGBGB [Introductory Law to German Civil Code].

In order to comply with the cancellation time limit, it is sufficient to send the cancellation or the item. The cancellation shall be addressed to:

TCB / Claudius Fabig
Trabener Strasse 25
14193 Berlin-Grunewald
Germany

4.2 Cancellation consequences
In case of a valid cancellation, the mutually received benefits shall be returned and any benefit obtained (e.g. interest) shall be released. If the purchaser cannot return the received services entirely or partially, or only in a deteriorated condition, he must provide value compensation. With the surrendering of items, this shall not apply if the deterioration of the item results exclusively from its inspection – as would have been possible, e.g. in a shop. Furthermore, the duty to provide value compensation for deterioration of the item resulting from proper use can be avoided by not using the item as property and refraining from any actions that could impair its value. Items that can be sent as packages shall be returned at the expense of TCB / Claudius Fabig. The purchaser shall bear the costs of the return shipment if the delivered goods correspond to the goods that were ordered and if the price of the item to be returned does not exceed an amount of EUR 40 or with a higher price, if the purchaser has not yet provided the consideration or a contractually agreed partial payment at the time of the cancellation. Otherwise, the return shipment shall be free of charge for the customer. Items that cannot be sent as parcels shall be collected from the purchaser. Obligations to refund payments must be fulfilled within 30 days. The period shall begin for the purchaser with the dispatch of the cancellation declaration or the item, for TCB / Claudius Fabig, it shall begin with their receipt.

5. Packing and shipping costs

5.1 Parcels shall only be sent through DPD.

5.2 For delivery within Germany and to an EU country, as well as packing costs, TCB / Claudius Fabig shall charge the shipping price specified in the relevant offer. The shipping costs shall be separately stated and notified for each order. The shipping costs are calculated according to the scope of the delivery.

5.3 The prices shall apply at the time of the order. The purchase price shall fall due on delivery of the ordered goods. For partial deliveries, the purchase prices shall fall due on delivery of the last partial service.

5.4 For orders with an order value of more than EUR 40.00, TCB / Claudius Fabig shall deliver free of shipping costs within Germany.

5.5 For foreign deliveries, the waiver of shipping costs shall not apply to an order value of more than EUR 40.00

6. Payment, reservation of title

6.1 All quoted prices are gross prices in euro, which include statutory value-added tax of currently 19%.

6.2 For delivery within Germany and other EU countries, the following methods of payment are possible:
- cash in advance The purchaser hereby commits to immediately pay the purchase price after conclusion of the contract, by bank transfer for the account of TCB / Claudius Fabig, Berliner Volksbank BLZ [bank code] 100 900 00, Account No. 5373189008, IBAN: DE93 1009 0000 5373 1890 08 BIC: BEVODEBB. The shipping of goods shall only be carried out when the payment has been received by TCB / Claudius Fabig. With payment by cash in advance, the purchaser shall receive an e-mail with the precise invoice details. In the order form, the purchaser shall enter his e-mail address, telephone number, purpose and his name.

6.3 Until full payment of the purchase price, the goods shall remain the property of TCB / Claudius Fabig. The customer shall immediately notify TCB / Claudius Fabig about compulsory enforcement measures by third parties regarding the goods that are subject to reservation of title, providing the necessary documentation for an intervention. The customer shall be obligated to notify the third party in advance about the existing rights.

7. Defect claims and liability

7.1 If the purchased item is defective, the statutory warranty rights pursuant to §§ 434 et seqq. BGB [German Civil Code] shall apply.

7.2 Compensation claims by the purchaser shall be excluded if the loss has not been caused deliberately or grossly negligently by TCB / Claudius Fabig, its legal representatives or legal agents. This liability disclaimer shall not apply to losses resulting from injury to life, limb or health, for legally prescribed no-fault liability and for the assertion of claims pursuant to §§ 1, 4 of the Product Liability Act.

7.3 This liability disclaimer shall also not apply to claims by the purchaser resulting from pre-contractual breach of duty. Furthermore, the liability disclaimer shall not apply if significant duties under the contract have been culpably breached by TCB / Claudius Fabig, its legal representatives or legal agents. In this case, liability shall be limited to the foreseeable, typically occurring loss.

7.4 TCB / Claudius Fabig shall not be held liable for defects resulting from faulty handling, normal wear and tear or external influences. For repairs to the goods by the purchaser or by third parties, which occur without the written consent of TCB / Claudius Fabig, the warranty claims against TCB / Claudius Fabig shall lapse.

8. Data protection

8.1 For acquisition, conclusion, processing and unwinding of a purchase contract, data shall be collected, stored and processed by TCB / Claudius Fabig within the context of the legal provisions.

8.2 All data provided to TCB / Claudius Fabig within the context of sales processing shall only be stored for the purpose of contract processing and fulfilment of the legal provisions and shall not be disclosed to third parties, provided that nothing different ensues from the provisions below. TCB / Claudius Fabig shall collect and use personal data exclusively within the context of the provisions of the Data Protection Act of the Federal Republic of Germany.

8.3 Personal data shall only be processed for correspondence with the relevant purchaser and the purpose for which the data was provided. This data shall only be disclosed to the shipping company assigned with the delivery, if this is necessary for delivering the goods. For the processing of payments, the payment data shall be disclosed to the credit institution assigned with the payment.

8.4 Personal data shall only be disclosed to third parties, if TCB / Claudius Fabig is legally obligated to do so or if the purchaser has provided his consent in advance.

8.5 The purchaser explicitly consents to the collection, processing and use of personal data pursuant to the conditions listed under § 8. The purchaser shall have the right to cancel the cancellation at any time, with effect for the future.

8.6 If the purchaser should no longer consent to the storage of personal data or if the data has become incorrect, TCB / Claudius Fabig shall carry out the deletion, correction or blocking of the affected files, at the purchaser's instruction.

8.7 Personal data shall only be stored until the purpose for which it was entrusted. For retention periods under commercial law and tax law, the duration of storage for specific data can amount to up to 10 years.

8.8 Upon request, TCB / Claudius Fabig shall provide information about the stored personal data of the requesting purchaser. For questions regarding the collection, processing or use of personal data, for enquiries, corrections, blocking or deletion of data, as well as cancellation of granted consents, the purchaser can contact

TCB / Claudius Fabig
Trabener Strasse 25
14193 Berlin-Grunewald
Germany

9. Copyrights

All displayed third-party logos, images and graphics are the property of the relevant companies and are subject to the copyright of the relevant licensor. All photographs, texts and reports displayed on this website, which are own developments of Blue Hawaii GmbH or have been edited by Blue Hawaii GmbH may not be copies, used or otherwise utilised within explicit consent.

10. Applicable law, legal jurisdiction, partial invalidity

10.1 The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. The law of the Federal Republic of Germany shall apply. This shall also apply if ordering occurs from a country other than Germany or a delivery occurs to a country other than Germany.

10.2 If the seller is a merchant, public-law legal entity or public-law special fund, the exclusive legal jurisdiction for all disputes ensuing from this contract is the registered domicile of TCB / Claudius Fabig. The same shall apply if the purchaser has no general legal jurisdiction in Germany or in another EU Member State or whose place of residence or usual abode are not known at the time of legal action being filed.

10.3 If individual provisions of this contract with the purchaser, including these General Terms and Conditions, should be or become fully or partially invalid, this shall not affect the validity of the remaining provisions.

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