Production and deliveries shall be carried out exclusively under the following conditions. By placing an order, the customer accepts the following production, sales and delivery conditions. All verbal agreements and declarations shall only become part of the contract if they have been agreed in writing or confirmed by us in writing.
Our offers are always subject to change and non-binding. Illustrations, drawings, information on weight, dimensions, form, stability and performance are only approximate unless they have been designated as binding in writing. Dimensions given to us by the customer are binding for us. We do not have to carry out a subsequent verification. We reserve the right to make design changes and these are permissible provided that this does not result in a reduction in use.
3. prices and shipment
The prices according to order confirmation / invoice apply. If the order cannot be processed within two months of placing the order as a result of reasons attributable to the purchaser (e.g. missing dimensions, etc.), the price may be adjusted to the changed cost factors. Unless otherwise agreed, the prices refer to materials, fittings and accessories which are normally used by us. We reserve the right to make changes in this respect. Unless otherwise agreed, prices are quoted ex Titisee-Neustadt and do not include insurance, packaging, freight, transport and installation. If desired, all items that are dispatched will be insured against loss and damage in transit at the expense of the recipient. Unless otherwise agreed, shipment shall be effected in all cases at the expense and risk of the purchaser or recipient. We shall decide on the method of dispatch, except in the case of special instructions from the customer. We reserve the right to make partial deliveries if this appears to be favourable for speedy processing.
4. delivery time and delivery
Delivery times shall commence on the date of our acceptance of the order or on the date of receipt of the written order by the customer, but not before all details of execution have been clarified. Force majeure and unforeseen events beyond our control, such as operational disruptions, production shutdowns and the like in our own operations or at subcontractors, shall extend the delivery period accordingly, even if they occur during a delay in delivery. In the event of the aforementioned delay in delivery, claims for damages as well as the purchaser's right to withdraw from the contract are excluded.
5. terms of payment
Upon order placement / invoice, 50% of the respective purchase price is to be paid in advance (= down payment), the rest of the purchase price is due upon receipt of delivery. The final purchase price is payable within 14 days, unless the goods are sent cash on delivery. If the customer is in default with a payment or if his financial situation deteriorates significantly after conclusion of the contract, all our claims from the business relationship shall become due for immediate cash payment, even in the event of deferment of payment. In this case we shall also be entitled to demand advance payment or the provision of security, as well as to withdraw from the contract after a reasonable period of grace or to claim damages for non-performance. In case of " personal pick up " and the deadline is exceeded by 14 days, we are entitled to send the goods to the customer by cash on delivery. The execution of the order will be postponed until the down payment has been received. If the down payment is not made within 14 days, we are entitled to withdraw from the order or contract. If the agreed term of payment is exceeded, we are entitled to charge interest on arrears at a rate of 5% above the respective discount rate of the Deutsche Bundesbank. We reserve the right to change the payment method. We do not accept credit card payments, cheques, order cheques, foreign currencies and cheques and no bills of exchange.
6. warranty The buyer has to check the delivered goods immediately. A notice of defects is only possible within 14 days after the date of delivery under exact description of the defects in writing to us. The goods are to be sent immediately free of charge for inspection of the defects. If the complaint turns out to be justified, we must be granted the necessary time and opportunity to remedy the defect or to deliver a replacement. In the event that the repair or replacement delivery fails, the customer may demand a reduction in payment or withdraw from the contract. Further claims are excluded. We shall be liable for defects in the deliveries by replacing or repairing free of charge such parts which become unusable within 12 months as a result of material or processing defects if they are used in accordance with regulations. The right to rectification of defects shall lapse if the defect has arisen or been enlarged by improper self-help or external help. The original purchase contract and the associated warranty period shall apply to repaired goods or replacement deliveries, even in the event of additional payment by the customer. For form and condition of the delivered objects you receive a warranty of 12 months. No liability is assumed for damages due to natural wear and tear or for consequential damages. Further warranty and compensation claims of the buyer are excluded.
In principle the value added tax is calculated, if the customer wants to bring the commodity abroad. VAT will only be refunded if a forwarding agent is involved in customs clearance at the border and sends us the stamped "export declaration" (AE) and / or a "shipping certificate" for "VAT purposes". A VAT-free calculation is only made if the delivery is an export transaction from the outset. According to the relevant regulations, an export of articles for water sports craft is fulfilled if: the recipient is a company or person with a fixed place of business abroad and the shipment is made by post, rail or forwarding agent. Transport across the border by the customer himself is not considered an export (unless the customer calls in a forwarding agent at the border to handle customs formalities and we receive a "forwarding agent certificate" from this agent, see above). If, despite the involvement of a forwarding agent or dispatch by a forwarding agent, a T2 or similar document necessary for proof of export is not returned to the controlling customs office and the customs security provided by the forwarding agent is claimed and reclaimed by us, we are entitled to reclaim the value added tax and/or the security claimed from the customer even after 3 years.
8. data storage
We are entitled to store the addresses (no further data) of the customer for the purpose of sending information from our sailmaking shop.
9. retention of title
The delivered goods remain our property until full payment has been made. The recipient is entitled to dispose of the reserved goods in the ordinary course of business. Further dispositions (pledging, transfer by way of security or sale after cessation of payment) are not permitted. Seizures or reserved goods must be notified to us immediately, enclosing a copy of the seizure protocol. If the customer sells goods subject to retention of title on credit, the resulting purchase price claims shall be deemed assigned to us as soon as they arise. The customer is entitled to collect the claims until he is prohibited from doing so by us due to his default in payment or financial collapse. In this case, our customer shall, upon request, submit a declaration of assignment and a confirmation of his retention of title to third parties for each individual claim.
10. applicable law, place of jurisdiction
The contractual relationships are subject exclusively to the law of the Federal Republic of Germany. The application of international purchase laws is excluded. The place of jurisdiction for fully qualified merchants, for persons who do not have a general place of jurisdiction in Germany and for persons who have moved their place of residence or habitual abode abroad after conclusion of the contract or whose place of residence or habitual abode is unknown at the time the action is filed is Titisee-Neustadt.
The application of the United Nations Convention on Contracts for the International Sale of Goods CISG is excluded.