Conditions of Use

General Terms and Conditions (GTC)

§ 1 General
These General Terms and Conditions (GTC) apply to the business relationship between you as the buyer and Salome Dhein (nauticWARE.de) as the seller.
The GTC apply in particular to contracts for the sale and/or delivery of movable goods, irrespective of whether we manufacture the goods ourselves or purchase them from suppliers.
All agreements made between you and us in connection with a sales contract result in particular from these terms and conditions of sale, the order placed with us in writing and our order confirmation. Our General Terms and Conditions of Sale shall apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the buyer shall only become part of the contract if and to the extent that we have expressly consented to their validity. This requirement of consent shall apply in any case, for example even if we carry out the delivery to the buyer without reservation in the knowledge of the buyer's GTC.



§ 2 Conclusion of contract
Our offers are subject to change and non-binding.
The signed return of the offer prepared by us by the buyer shall be deemed to be a binding offer of contract. In addition, the confirmation of the offer made by us by e-mail, with which you request us to execute the order in accordance with the offer, shall also be deemed to be an offer. We are entitled to accept your offer within 5 days of its receipt by us. The acceptance is declared in writing by our letter of confirmation.
We are entitled to refuse acceptance of the order - for example after checking the creditworthiness of the customer or if it is established that the goods ordered are not available. In the event that the goods are not available, we shall inform you of this immediately and reimburse any payments already made up to this point in time without delay.



§ 3 Prices / Payment
The offered price is binding. 
In addition to the prices quoted, we charge freight and packaging costs. The amount of these costs is determined by the scope and size or weight of the ordered goods.
If the goods are custom-made according to your wishes (e.g. custom-made tarpaulins), these are generally excluded from exchange. For this reason, we are entitled to charge new customers a deposit of 50% of the quoted price.




§ 4 Delivery and performance time / transfer of risk
Our delivery dates or delivery periods are exclusively non-binding unless they have been expressly agreed between you and us as binding.
Four weeks after a non-binding delivery date or a non-binding delivery period has been exceeded, you may request us in writing to deliver within a reasonable period. If we culpably fail to meet a delivery date or delivery period expressly agreed as binding or if we are in default for any other reason, you must grant us a reasonable period of grace to effect our performance. If we allow this period of grace to expire fruitlessly, you shall be entitled to withdraw from the purchase contract.
Subject to the following restrictions, we shall otherwise be liable to you in accordance with the statutory provisions if the contract is a transaction for delivery by a fixed date or if, as a result of a delay in delivery for which we are responsible, you are entitled to invoke the cessation of your interest in the performance of the contract.
If the delay in delivery is due to an intentional or grossly negligent breach of duty for which we are responsible, we shall be liable in accordance with the statutory provisions; any fault on the part of our representatives or vicarious agents shall be attributed to us.
If the delay in delivery is due to a breach of an essential contractual obligation, i.e. a culpable breach of an obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the fulfilment of which you as the buyer may regularly rely and we are responsible for this breach of obligation, we shall also be liable in accordance with the statutory provisions. In the case of simple negligence, however, our liability is limited to the foreseeable and typically occurring damage.
We are entitled to make partial deliveries and render partial services at any time, provided that this is reasonable for you.




§ 5 Rights in the event of defects
Insofar as the delivered item does not have the quality agreed between you and us or it is not suitable for the use presupposed according to our contract or for the use in general or it does not have the properties which you could expect according to our public statements, we are obliged to subsequent performance. This does not apply if we are entitled to refuse subsequent performance on the basis of the statutory regulation. You must grant us a reasonable period of time for subsequent performance.
Subsequent fulfilment shall be effected at your discretion either by remedying the defect or by delivery of new goods. You are not entitled to reduce the purchase price or withdraw from the contract during the supplementary performance. If we have attempted to remedy the defect three times in vain, this shall be deemed to have failed. If the rectification has failed, you are entitled to reduce the purchase price or to withdraw from the contract at your discretion.
Guarantees in addition to the statutory warranty are not given as a matter of principle.
If damage is based on the simple negligent breach of an essential contractual obligation, i.e. an obligation the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which you as the purchaser may regularly rely, we shall also be liable for such damage. The same applies if you are entitled to claims for damages instead of performance. However, our liability for damages is limited to the foreseeable and typically occurring damage.



§ 6 Right of withdrawal
Our goods are generally manufactured according to customer specifications and clearly tailored to their personal needs, which is why you are not entitled to a right of withdrawal in these cases.
In the case of merchandise that is not manufactured according to customer specifications and clearly tailored to your personal circumstances, you as a consumer have a fourteen-day right of revocation.

Cancellation policy

Right of withdrawal for consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed).

Cancellation policy
Right of withdrawal for consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed).

Cancellation policy

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day
- you or a third party named by you, who is not the carrier, have taken possession of the goods, if you have ordered one or more goods as part of a uniform order and these are delivered uniformly;
- on the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods, if you have ordered several goods as part of a single order and these are delivered separately;
- on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or the last piece, if you have ordered goods that are delivered in several partial consignments or pieces;

To exercise your right of cancellation, you must send us (Salome Dhein (nauticWARE.de), Columbanstraße 3, 88097 Eriskirch,
e-mail address: info@nauticware.de) by means of a clear declaration (e.g. a letter or e-mail sent by post) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.

The cost of returning the goods shall be borne by the buyer.
 
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

Reasons for exclusion or expiry
The right of withdrawal does not apply to contracts
- for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
- for the supply of alcoholic beverages the price of which was agreed at the time of the conclusion of the contract but which cannot be supplied until at least 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no control;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts.


The right of withdrawal expires prematurely in the case of contracts
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

End of the cancellation policy

Model cancellation form
(If you wish to cancel the contract, please complete and return this form).

To
Salome Dhein
nauticWARE.de
Columbanstraße 3
88097 Eriskirch
Telephone 07541 933559
E-Mail:info@nauticware.de


I/we (*) hereby 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 consumer(s) ______________________________________
Address of the consumer(s)

_________________________________

_________________________________

_________________________________


_________ _____________________________________________________
Date Signature of the consumer(s) (only in case of paper communication)


(*) Delete where inapplicable



§ 7 Retention of title
The delivered goods remain our property until full payment of all claims arising from this contract.



§ 8 Final clause, applicable law
The business relationship shall be governed by the law of the Federal Republic of Germany, but only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which you have your habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.
If you do not have a general place of jurisdiction in Germany or if your place of residence or habitual abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this business relationship shall be our place of business.