General terms of business and information for clients
I. General Terms and Conditions of Business
1. Basic Provisions
1.1. These general conditions of business are valid for all contracts entered into by the Customer (Buyer) with S&A Yachts GmbH & Co. KG (hereinafter referred to as the "Supplier") in relation to the goods and / or services presented on the www.marine.expert website.
The inclusion of the Client's own terms and conditions in the agreement is not allowed, unless otherwise agreed.
1.2. According to these general rules for concluding transactions, a Consumer is any individual whose purpose of concluding an agreement for the supply of goods and services cannot be attributed to his commercial or independent professional activities.
In turn, an Entrepreneur is any natural or legal person, or a partnership with legal capacity, which, upon concluding an agreement, carries out its commercial or independent professional activities.
2. Conclusion of a contract
2.1. The subject of the contract is the sale of goods.
2.2. When placing an order on our website, the Client is presented with a mandatory offer to conclude an agreement on the terms specified in the product description.
2.3. The customer can place a binding purchase order through the online shopping cart system.
Items selected for purchase are stored in a virtual shopping cart.
By clicking the appropriate button in the navigation bar, the Client can open the cart at any time to view the product and make the necessary changes.
After opening the "Cashier" page and entering personal data, as well as the terms of payment and delivery, all order data will be displayed on the order overview page.
When paying using instant payment systems (PayPal / PayPal Express, Amazon-Payments, Sofort), either the order overview page in the online store will be displayed, or the Client will be immediately redirected to the instant payment system site.
When you go to the site of the instant payment system, you must enter the appropriate data.
After all these steps, the order overview page of the online store will reappear.
Before sending the order, it is possible to view and, if necessary, change all the information again (also through the "back" function in the Internet browser). At this stage, the purchase can be canceled.
Using the "Submit Order" button, the Client submits a binding request for the purchase of the goods in the basket, which entails the conclusion of an agreement.
2.4. The Client's requests for the preparation of an offer are not binding on him.
The Seller provides the Client with a binding offer in text form (for example, by e-mail), which the Client can accept within 5 days.
2.5. The processing of the order and the transmission of all information necessary for the conclusion of the contract is partially automated by e-mail.
The client must ensure that the e-mail address indicated for the execution of the order is correct, and he can receive letters sent to this address by the Supplier. In particular, when using SPAM filters, the Client must ensure that all sent emails can be delivered.
3. Reservation clause
3.1. The customer can only apply the right of retention if it concerns the conditions arising from this contractual relationship.
3.2. Until full payment is made, the delivered goods remain the property of the Supplier.
3.3. If the Client is an entrepreneur, the following conditions apply:
a) The seller retains title to the delivered goods until all claims arising from the business relationship with the customer are fulfilled.
Until the transfer of ownership of the conditionally sold goods, the Client is not entitled to pledge the goods or carry out a “security” transfer of ownership.
b) The client can resell the goods in accordance with the established procedure.
In this case, the Client immediately assigns to the Seller all invoiced claims that arise for the Client as a result of the resale. The seller accepts the assignment of claims. The client has the right to make claims for payment.
However, if the Client has not duly fulfilled his payment obligations, the Supplier reserves the right to independently collect the debt.
c) In the event of combination or mixing of conditionally sold goods, the Supplier becomes a co-owner of the new product in the ratio of the value of the conditionally sold goods to other processed items at the time of processing.
d) The Supplier undertakes, at the request of the Client, to transfer the right to collateral if the value of the Supplier's collateral exceeds the amount of the claim by more than 10%.
The choice of collateral is the responsibility of the Supplier.
4. Warranty obligations
4.1. For this contract, the statutory provisions on liability for the quality of goods apply.
4.2. As a consumer, the Customer must check the goods immediately after delivery for completeness, obvious defects and damage during transportation and notify the Supplier and the forwarder of the claims as soon as possible.
If the Client does not comply with these rules, the official warranty is excluded.
4.3. If the Client is an entrepreneur, then other warranty obligations apply:
a) The contractual quality of the goods is determined only by the Supplier's own information and the manufacturer's description of the product. Advertisements, public announcements and manufacturer statements are excluded.
b) In the event of defects, the Supplier, at its discretion, fulfills the warranty of its choice by eliminating the defects or re-supplying the goods.
The client has the right to demand a price reduction or terminate the contract if the defect cannot be eliminated.
The elimination of defects is considered invalid after the second unsuccessful attempt in the event that
unless the type of product or defect or other circumstances suggest otherwise.
In the event of repairs, the Supplier does not bear the increased costs associated with transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from the date of delivery of the goods.
Reduction of the warranty period does not apply:
- in case of intentional or gross negligent damage by the Supplier to life or health or bodily harm, as well as in the case of intentional or gross damage caused by negligence;
- if the Supplier maliciously concealed a defect in the goods or provided a quality guarantee;
5. Choice of applicable law, place of performance, jurisdiction
5.1. Relations are governed by the laws of Germany.
For consumers, this choice of law applies only to the extent that it does not deprive them of the protection provided by mandatory legal provisions of the state where the consumer is located (the principle of favored nation).
5.2. The place of fulfillment of the obligations of all services arising from the business relationship and the place of jurisdiction is the place of registration of the Supplier in the event that the Client is not a consumer, but an entrepreneur, a legal entity of public law or a legal entity with special public property.
Also, the above provision applies if the Client is not under the general jurisdiction of Germany or the EU. The same applies if the place of permanent residence or permanent residence is unknown at the time of filing the claim.
The right to go to court in another jurisdiction remains unchanged.
5.3. The provisions of the UN Convention on Contracts for the International Sale of Goods are void.
II. Information for clients
S&A Yachts GmbH & Co. KG
st. Sebastian-Kneipp-Strasse 41
60439 Frankfurt am Main
Phone:+49 69 95179925
Alternative Dispute Resolution :
The European Commission provides a platform for out-of-court dispute resolution on the Internet (OS platform), available at https://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical stages of the conclusion of the contract, the conclusion of the contract itself and the options for its adjustment are implemented in accordance with the clause "Conclusion of the contract" of the General Conditions of the Supplier (part I).
3. Language of the contract, storage of the text of the contract
3.1. The language of the contract is German.
3.2. The supplier does not keep the full text of the contract.
Before the order is sent through the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically.
Upon receipt of the order by the Supplier, the order data, the legally required information on distance contracts and the general terms of business will be sent to the Client by e-mail.
3.3. If the request for quotation took place outside the online shopping cart system, the Customer will receive all contract data in text form as part of the mandatory quotation, for example by e-mail, which can be printed or saved electronically.
4. Key features of a product or service
The main characteristics of the goods and / or services can be found in the corresponding offer.
5. Prices and payment methods
5.1. The prices shown in the respective quotations, as well as the shipping costs, are total (full) prices.
They include all price components and all applicable taxes.
5.2. The incurred delivery costs are not included in the price of the goods.
They can be activated using the corresponding button on our website or will be displayed separately in the corresponding offer during the ordering process and are paid additionally by the Client, unless free delivery has been agreed.
5.3. If the delivery is made to countries outside the European Union, the Supplier is not responsible for any costs incurred such as customs duties, taxes or currency exchange charges (transfer fees or credit institution exchange rates). In this case, the costs are borne by the Client.
5.4. The costs incurred for the transfer of money (bank transfer or exchange rate) must be borne by the Client also in cases where the delivery is carried out in an EU country, and the payment is made outside the EU.
5.5. The payment methods available to the Client are indicated under the corresponding button on our website or in the corresponding offer.
5.6. Unless otherwise stated for individual payment methods, payment claims under the contract are due immediately.
6. Delivery conditions
6.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under the appropriate button on our website or in the corresponding offer.
6.2. If the Customer is a consumer, then the law stipulates that the risk of accidental loss or accidental damage to the goods during transportation passes to the Customer only with the transfer of the goods, regardless of whether the transportation is insured or not.
This does not apply if the Client has independently chosen a transport company or a person responsible for carrying out the transportation, not specified by the entrepreneur.
If the Client is an entrepreneur, delivery and transport will be carried out at his responsibility.
7. Legal regulations on liability for product quality
Responsibility for the quality of the goods is regulated in accordance with the clause "Warranty" of the General Conditions of the Supplier (part I).
These General Conditions of Business and Customer Information have been reviewed by the German E-Commerce Lawyers (Händlerbund Management AG) specializing in information technology law and are constantly monitored for compliance with legal requirements.
The German Association for Electronic Commerce (Händlerbund Management AG) guarantees the legal accuracy of the texts and is liable in the event of warnings. More information can be found at: http://www.haendlerbund.de/agb-service.