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Terms & conditions
On the basis of these General Terms and Conditions (GTC), when placing orders in the SAILTEC Tech Shop, a contract is concluded between the customer and
Represented by Christian Gnass and Uwe Kosmehl
Commercial register: Pinneberg
Commercial register number: HRB 3116
Sales tax identification number: DE 134805608
hereinafter referred to as provider.
This agreement governs the sale of new and used goods through the provider's online store. Due to the details of the respective offer, reference is made to the product description on the offer page.
Terms & conditions
§ 1 GENERAL - SCOPE
1. These terms and conditions apply to all current and future business relationships.
2. Consumers within the meaning of the Terms and Conditions are natural persons with whom business relations are entered into, without them being assigned a predominantly commercial or independent professional activity. Entrepreneurs in the sense of the business conditions are natural or legal persons or legal partnerships, which are entered into business relationship, which act in the exercise of a commercial or independent professional activity. Customers in terms of these terms and conditions are both consumers and entrepreneurs.
3. Our services and deliveries are made exclusively on the basis of the following terms and conditions. These also apply to all future transactions, insofar as they are of the same kind. Terms and conditions of the customer do not apply, even if we do not contradict their validity separately. Deviating or contradictory conditions only apply if they have been accepted by us in writing.
§ 2 CONCLUSION OF CONTRACT
1. Our offers are non-binding. With the order of a commodity the customer declares bindingly to want to acquire the ordered commodity. We are entitled to accept the contract offer contained in the order within three weeks after receipt, if the goods are not in stock with us. If the goods are in stock, the acceptance period is ten days. The acceptance can be declared either in writing or by delivering the goods to the customer.
2. Design or shape changes, variations in color and changes in the scope of delivery by the manufacturer remain reserved during the term, provided that the changes or deviations are reasonable considering the interests of the seller for the buyer.
3. If the consumer orders the goods electronically, we will immediately confirm receipt of the order. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt can be linked to the declaration of acceptance.
4. We are entitled to withdraw from the contract if we are not supplied by our supplier despite a cover transaction that has been concluded for reasons for which we are not responsible.
5. If the consumer orders the goods by electronic means, the text of the contract will be stored by us and sent to the customer on request together with these General Terms and Conditions by e-mail.
§ 3 RETENTION OF TITLE
1. For contracts with consumers, we reserve the ownership of the goods until full payment of the purchase price. For contracts with entrepreneurs, we reserve ownership of the goods until full settlement of all claims from an ongoing business relationship. Insofar as the value of all security interests to which we are entitled exceeds the amount of all secured claims by more than 20%, we shall release a corresponding part of the security interests at the request of the entrepreneur.
2. The customer is obliged to treat the goods with care. If maintenance and inspection work is required, the customer must carry this out regularly at its own expense.
3. The customer is obligated to immediately inform us of third party access to the goods, for example in the case of a seizure, as well as any damage or destruction of the goods. A change of ownership of the goods and their own change of residence, the customer has to inform us immediately.
4. We are entitled to withdraw from the contract in the event of breach of contract by the customer, in particular in the case of default in payment or in the event of a breach of an obligation under clauses 2 and 3 of this provision, and to demand the return of the goods.
5. The entrepreneur is entitled to resell the goods in the ordinary course of business. He now assigns to us all claims in the amount of the invoice amount accrued to him by the resale against a third party. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur fails to meet his payment obligations properly and is in default of payment.
6. The processing and processing of the goods by the entrepreneur always takes place in the name and on behalf of us. If processing takes place with objects that do not belong to us, we acquire co-ownership of the new object in proportion to the value of the goods delivered by us to the other processed objects. The same applies if the goods are mixed with other objects not belonging to us.
$ 4 RIGHT OF WITHDRAWAL & RETURN POLICY
1. In the case of a consensual exchange, we charge our costs for control and administrative work at cost. This does not apply to exchanges due to recognized defects.
2. Entrepreneurs may return goods for exchange only in the original packaging, with our permission, at their expense, and stating the customer number and invoice number.
3. Right of withdrawal
(a) If you are a consumer, you have a right of withdrawal in accordance with the statutory provisions.
(b) If you as a consumer make use of your right of withdrawal according to letter (a) above, you have to bear the regular costs of the return.
(c) Furthermore, the following rulesfor the right of withdrawal apply, as described in detail in the following withdrawal description.
You have the right to withdraw from this contract within fourteen days, without giving any reason.
The exact withdrawal period is fourteen days from the day on which you, or a third party named by you, who is not the carrier, has taken or has taken possession of the goods. To exercise your right of withdrawal, you must contact us
22869 Schenefeld near Hamburg
Tel .: 040 822 9940
Fax: 040 830 4279
by means of a clear statement (such as a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient that you send the notice of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including delivery charges (except for potential additional costs arising from you choosing a different delivery method than the most favorable standard delivery). We will refund you immediately, at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this refund, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you. In no case will charge any refund fees. We may refuse to refund you until we have the goods back, or until you have provided proof that you have despatched the goods to us.
You must return the goods or hand them over to us immediately, in no case later than fourteen days from the date on which you inform us of the withdrawal from the contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You have to take care of the costs of returning the goods.
You only have to pay for any loss of value of the goods, if this loss of value is due to a handling that exceeded the necessary handling to check the nature, characteristics and functioning of the goods.
- End of withdrawal rules -
Model withdrawal form
If you want to cancel this contract, please fill out this form and send it back to:
22869 Schenefeld near Hamburg
Tel .: 040 822 9940
Fax: 040 830 4279
Hereby I / we * revoke the contract concluded by me / us * for the purchase of the following goods (*) / the provision of the following service (*):
Ordered on (*) / received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (Only when notified on paper):
(*) Delete as appropriate.
There is no obligation to use this form.
§ 5 PAYMENT
1. The prices stated in our catalogs and price lists do not contain an offer. Prices quoted to consumers include VAT. Compared to companies mentioned prices are plus VAT.
2. When selling a shipping fee of € 9.90 per package, plus any bulky goods costs will be added to the purchase price. We send invoices by e-mail to our customers, provided that we have their e-mail addresses provided. Otherwise, or if the customer wishes it will be sent by letter. Unless a price has been agreed separately, the prices applicable to entrepreneurs on the day of the order are those which can be found in the current price list in the B2B area of our website at www.sailtec.de.
3. The customer undertakes to pay the purchase price within fourteen days after receipt of the goods, unless the parties have agreed otherwise in individual cases. After this period the customer is in default of payment. The consumer has to pay the debt in the amount of 5% points above the base interest rate during the delay. The entrepreneur has to pay the debt in the amount of 9% points above the base interest rate during the delay. Basically, we reserve the right to prove and assert a higher damage caused by default.
4. The customer has the right to offset only if his counterclaims have been legally established or recognized by us. The customer can exercise a right of retention only if his counterclaim is based on the same contractual relationship.
§ 6 TRANSFER OF RISK
1. If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods with the handover, on sale with the delivery of the goods to the freight forwarder, the carrier or the person or institution otherwise intended to carry out the shipment to the buyer over.
2. If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold item, including the sale of the consignment only with the transfer of the thing on the buyer.
3. The transfer is the same if the buyer is in default of acceptance.
§ 7 WARRANTY
1. We are liable for material or legal defects of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB, subject to the following provisions.
2. If the buyer is an entrepreneur, we will initially provide warranty for defects in the goods at our discretion by repair or replacement.
3. If the supplementary performance fails, the customer may in principle demand, at his discretion, a reduction of the remuneration (reduction) or cancellation of the contract (withdrawal). In the event of a minor breach of contract, especially in the case of only minor defects, the customer has no right of withdrawal.
4. If the buyer is an entrepreneur, the warranty rights presuppose that he has duly fulfilled his duties of examination and notification of defects pursuant to § 377 HGB.
5. For entrepreneurs, the warranty period for newly manufactured goods is one year from delivery of the goods, for used goods, the warranty against him is excluded. This does not apply if the entrepreneur has not notified us of the defect in good time (Section 4 of this provision). For consumers, the warranty period for newly manufactured goods is two years from the transfer of risk, for used goods one year from the transfer of risk. The liability for damages for intent and gross negligence as well as injury to life, limb and health, which are based on an intentional or negligent breach of duty of the user, is not affected by the provisions of this clause 5 and is based on the statutory limitation period.
6. If the buyer is an entrepreneur, the condition of the goods is basically only the product description of the manufacturer as agreed. Public statements, suggestions or advertising of the manufacturer do not constitute a contractual statement of the quality of the goods.
7. Guarantees in the legal sense, the customer does not receive by us. Manufacturer's warranties remain unaffected.
§ 8 LIMITATIONS OF LIABILITY
1. We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with statutory provisions for damages or reimbursement of futile expenses.
2. In other cases, unless otherwise stipulated in clause 3, we shall only be liable for breach of contractual obligations whose fulfillment makes the proper performance of the contract possible in the first place and on which you as a customer can regularly rely (so-called cardinal duty) limited to the replacement of the predictable and typical damage. In all other cases, our liability is excluded, subject to the provision in Section 3.
3. Our liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
§ 9 CONSENT FOR CONTACTING E-MAIL
Customers who are not consumers agree that from time to time we may inform you about the email addresses they provide about price changes, new products and the like. This consent can be withdrawn by the customer at any time with effect for the future.
§ 10 FINAL PROVISIONS
1. The law of the Federal Republic of Germany applies.
2. If the customer is a merchant, legal entity under public law or special fund under public law, Hamburg is the exclusive place of jurisdiction for all disputes arising from this contract. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is not known at the time of the filing of the complaint.
3. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.