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General Terms and Conditions and Customer Information

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic provisions

(1 ) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Michael Schwab ) via the www.js-maritimshop.de website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.

(2 ) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1 ) The subject of the contract is the sale of goods and/or the provision of repair services.

(2 ) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping basket system under the conditions specified in the item description.

(3 ) The contract is concluded via the online shopping basket system as follows:
The goods and/or repair services intended for purchase are placed in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time.
After clicking on the "Checkout" or "Continue to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order details will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or cancelling the order.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar terms), you declare legally binding acceptance of the offer, whereby the contract is concluded. (4 ) Your enquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).

(5 ) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§3 Customised goods

(1 ) You shall provide us with the appropriate information, texts or files required for the customised design of the goods via the online ordering system or by e-mail at the latest immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.

(2 ) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.

(3 ) We do not check the transmitted data for correctness of content and in this respect accept no liability for errors.

§ 4 Provision of services for repairs

(1 ) Insofar as repair services are the subject of the contract, we owe the repair work resulting from the service description. We shall perform this work to the best of our knowledge and belief, either personally or through third parties.

(2 ) You are obliged to co-operate, in particular you must describe the existing defect on the device as comprehensively as possible and make the defective device available.

(3 ) You shall bear the costs for sending the defective device to us.

(4 ) Unless otherwise stated in the respective offer, the repair, including dispatch of the device, will be carried out within 5 - 7 days after receipt of the device to be repaired (in the case of agreed advance payment, however, only after the time of your payment instruction).

(5 ) If you make use of your right of cancellation in accordance with § 648 p. 1 BGB, we may demand 10% of the agreed remuneration as a lump sum if the work has not yet begun. However, if the statutory right of cancellation exists, this shall only apply if you only exercise your right of cancellation after the expiry of the cancellation period. You reserve the right to prove that we have actually incurred no or significantly lower costs.

§ 5 Special agreements on payment methods offered

(1) Purchase in instalments via easyCredit
For instalment purchases via easyCredit, the General Terms and Conditions for instalment purchases from easyCredit also apply. You can find the terms and conditions here.

(2) Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method that is offered via "PayPal" / "PayPal Checkout", the payment is processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(3) Payment via "Stripe"
If you select a payment method that is offered via "Stripe", the payment will be processed via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly labelled button on our website and in the online ordering process. Stripe" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information about "Stripe" at https://stripe.com/de.

§6 Right of retention, retention of title

(1 ) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2 ) The goods shall remain our property until the purchase price has been paid in full.

(3 ) If you are an entrepreneur, the following shall apply in addition:

(a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, if you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

§ 7 Warranty

(1 ) The statutory warranty rights apply.

(2 ) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this shall have no effect on your statutory warranty claims.

(3 ) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4 ) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

(a ) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b ) In the event of defects, we shall provide warranty at our discretion either by rectification of defects or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a location other than the place of fulfilment, provided that the transport does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply:

- for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 8 Choice of law

(1 ) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).

(2 ) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.


II Customer information

1. Identity of the seller

Michael Schwab
Döbelner Street 12
04741 Rosswein
Rosswein, Germany
Phone: +49 34322 44257
E-mail: info@js-maritimshop.de


Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.

We are not willing or obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3 Contract language, contract text storage

3.1 The contract language is German.

3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out or saved electronically using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3 In the case of requests for quotations outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. Codes of conduct

4.1 We have submitted to the quality criteria of the Händlerbund Management AG buyer's seal, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6 Prices and payment modalities

6.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless delivery free of shipping costs has been promised.

6.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.

6.4 Any costs incurred for the transfer of funds (bank transfer or exchange rate fees) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

6.5 The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.

6.6 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

7 Terms of delivery

7.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and despatch shall be at your risk.

8 Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

9 Cancellation

9.1 Information on the cancellation of the contract and the cancellation conditions can be found in the regulations on "Repair services" in our General Terms and Conditions (Part I) and in the respective offer.

These General Terms and Conditions and customer information were drawn up by the lawyers of Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at:
https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last update: 19.06.2024
 
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