GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
Table of contents
1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. delivery and shipping conditions
6. retention of title
7. liability for defects (warranty)
8. non-acceptance by the customer
9. special conditions for the processing of goods according to certain specifications of the customer
10. special conditions for repair services
11. special conditions for assembly/installation services
13. redemption of campaign vouchers
14. applicable law
15. alternative dispute resolution
16. final clause
1) Scope of application
1.1 These General Terms and Conditions (hereinafter “GTC”) of the company “Sail Service Adriatic d.o.o.” (hereinafter
“Seller”), apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller using means of distance communication (e.g. telephone, fax, e-mail, letter) exclusively by individual communication within the meaning of § 312j paragraph 5 sentence 1BGB. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither his or her
commercial or self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The Customer may submit a non-binding request for an offer to the Seller by telephone, e-mail, fax, mail or via the online contact form provided on the Seller’s website. Upon the Customer’s request, the Seller shall send the Customer a binding offer in text form (e.g. by e-mail, fax or letter) for the sale of the goods previously selected by the Customer from the Seller’s range of goods.
2.2 The Customer may accept this offer by submitting a declaration of acceptance to the Seller by telephone, e-mail, fax, post or by paying the purchase price offered by the Seller within 5 (five) days of receipt of the offer.) days from receipt of the offer, whereby the day of receipt of the offer is not included in the calculation of the deadline. For acceptance by payment, the day of receipt of payment by the Seller shall be decisive. If the last day of the period for acceptance of the offer falls on a Saturday, Sunday, or a general holiday recognized by the state at the Customer’s registered office, the next working day shall take the place of such a day. If the Customer does not accept the Seller’s offer within the aforementioned period, the Seller shall no longer be bound by its offer.
2.3 Illustrations, drawings, weights and dimensions enclosed with our offers shall be deemed approximate unless they are expressly designated as binding. Dimensions given by drawings, sketches and information from the customer can be used by us as a basis for the execution without further verification, whereby unprofessional information will be professionally corrected by us without us having to point this out separately.
3) Right of withdrawal
Consumers are generally entitled to a right of withdrawal. More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.
The right of withdrawal does not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the Seller’s offer.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which shall be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g.
transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 Various payment options are available to the Customer, which will be communicated to him in the Seller’s offer.
4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 For all orders, 50% of the order value is payable immediately upon receipt of the order confirmation, and the remaining amount is payable immediately upon notification of readiness for shipment prior to delivery.
5) Terms of delivery and shipment
5.1 The delivery of goods shall be made by dispatch to the delivery address specified by the customer, unless otherwise agreed.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event of effective exercise of the right of revocation by the customer, the provision made in this regard in the seller’s revocation instructions shall apply to the return costs.
5.3 In the event of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the customer can pick up the goods at the seller’s headquarters after consultation with the seller.
5.4 Binding as well as non-binding delivery dates or delivery periods must always be agreed in writing. They shall only commence upon receipt of the down payment by us as well as the availability of binding dimensional data in the case of the manufacture of individual products.
5.5 Our delivery periods are generally non-binding. If individually binding delivery periods are agreed, the following shall apply: The delivery period shall be deemed to have been complied with if the goods have been handed over to the carrier at the expiry of the period or, in the case of collection by the customer, have been made available for collection and the customer has been notified of this or, in the case of desired delivery, the customer has been notified in writing that the goods are ready for dispatch.
5.6 Deliveries shall always be made for the account and at the risk of the customer. In this respect, the risk shall pass to the customer as soon as the consignment has been handed over to the person carrying out the transport. If the customer wishes to collect the goods himself or if shipment becomes impossible through no fault of ours, the risk shall pass to the customer upon notification of readiness for shipment.
5.7 The obligation to deliver shall not apply if the Seller itself is not supplied correctly and on time and is not responsible for the lack of availability. In the event of non-availability of the goods, the seller will inform the customer immediately and any advance payment will be refunded without delay.
5.8 The delivery time shall be extended appropriately in the event of strikes and lockouts affecting the delivery as well as other circumstances for which the Seller is not responsible, in particular in cases of delays in delivery due to force majeure. We shall notify the customer immediately of the beginning and end of such hindrances.
5.9 Damage in transit: If the delivery is made to the delivery address provided by the customer, the seller will use a freight company for this purpose.
freight company (e.g. dpd, DHL or GLS). The risk that the goods are lost or damaged during transport is borne by the seller according to the law in relation to the buyer, unless the customer is in default of acceptance.
In order for the Seller to be able to secure any claims for transport damage against the transport company, externally visible transport damage must be reported to the parcel carrier upon delivery of the order; externally non-visible transport damage must be reported to the transport company by us within 7 days of delivery by the transport company to the Customer at the latest, as otherwise it will be assumed to the Seller’s detriment that the order was delivered without transport damage. The seller is therefore dependent on the support of the customer in this regard.
Externally visible transport damage: In principle, there is no obligation for you to open the package upon delivery and to inspect it for transport damage.
transport damage. However, if transport damage is reasonably likely, e.g. because the package is visibly severely damaged from the outside, compressed, torn open, or because the contents of fragile goods clink when “shaken”, you must open the package in the presence of the parcel carrier and check whether the contents are damaged. However, the above is limited to checking the goods for readily apparent transport damage, e.g. whether the goods are broken or deformed or whether goods with casings clink when shaken. If this inspection reveals transport damage, this must be reported to the parcel carrier and confirmed by the parcel carrier. The parcel carrier is obliged to do this. Please leave the goods then – as far as still possible – in the original packaging and do not use it. Please inform us immediately by telephone or e-mail of the damage so that we can take care of the settlement. Transport damage that is not visible from the outside: In order for us to be able to protect our rights against the transport company, we ask you to unpack the delivered goods within 4 days of delivery at the latest. If you find out during unpacking that the delivered goods are damaged, please leave the goods – as far as still possible – in the original packaging and do not use them. Please inform us immediately by phone or e-mail about the damage, so that we can take care of the processing. Your warranty claims due to possible transport damages are of course not affected by the above regulations.
6) Retention of title
If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects
7.1 If the purchased goods are defective, the provisions of the statutory liability for defects shall apply.
7.2 No warranty shall be assumed for damage resulting from improper or unsuitable use, faulty commissioning or assembly, natural wear and tear, negligent or faulty use, failure to observe the maintenance or operating instructions and improper repair work or modifications by the customer or third parties.
7.3 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this.
and to inform the seller thereof. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
contractual claims for defects.
7.4 Warranty for entrepreneurs: If the customer is an entrepreneur in the sense of § 14 BGB (German Civil Code), the following shall apply to the customer’s warranty claims
the following shall continue to be deemed agreed (an entrepreneur is a natural or legal person or a partnership with legal capacity who is acting in the exercise of his commercial or independent professional activity when concluding the order):
– the seller has the choice of the type of subsequent performance;
– in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;
– in the case of used goods, the rights and claims for defects are excluded;
– the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
If the customer acts as a merchant in the sense of § 1 HGB (German Commercial Code), he shall be subject to the commercial obligation to examine the goods and to give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
7.5 Information on any applicable additional warranties and their exact terms can be found with the product.
7.6 The Customer shall assert any rights to which it is entitled under the contract with the Seller only directly with the Seller in text form.
in text form. If a product is sent directly to the customer by a vicarious agent (e.g. producer) or made available in any other way, the obligation to assert contractual claims only directly with the seller shall remain unaffected.
Any requests or demands addressed to the vicarious agent shall not be deemed to be addressed to the seller. The Customer may lose any contractual claims against the Seller if it enters into an agreement directly with the vicarious agent (e.g. producer) without having made a corresponding agreement in text form with the Seller.
7.7 Notwithstanding the foregoing, the following shall apply to used goods: Claims for defects shall be excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects occurring within one year of delivery of the goods may be claimed within the statutory limitation period.
statutory period of limitation. However, the reduction of the liability period to one year shall not apply
– for claims for damages and expenses of the customer as well as
– in the event that the Seller has fraudulently concealed the defect.
8) Non-acceptance by the customer
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. In the event of non-acceptance of the product specially manufactured for the customer, we shall charge a lump-sum compensation amounting to 50% of the price for the presumed price reduction. The customer has the right to prove that the compensation is smaller.
9) Special conditions for the processing of goods according to certain specifications of the customer
9.1 If, according to the content of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the Customer, the Customer shall provide the Operator with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Operator and shall grant the Operator the rights of use required for this purpose. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are violated thereby, in particular copyrights, trademark rights and personal rights.
9.2 The Customer shall indemnify the Seller against any claims of third parties which the latter may assert in connection with an infringement of their rights through the
rights in connection with the contractual use of the Customer’s content by the Seller. In this context, the Customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney’s fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defense.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates statutory or official prohibitions or offends common decency. This shall apply in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory or other content,
xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying contents.
10) Special conditions for repair services
If the Seller owes the repair of an item of the Customer according to the content of the contract, the following shall apply to this:
10.1 Repair services shall be rendered at the Seller’s place of business.
10.2 The Seller shall provide its services at its own discretion or by qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller’s description of services, the Customer shall not be entitled to select a specific person to perform the requested service.
10.3 The Customer shall provide the Seller with all information required for the repair of the item, unless the procurement of such information is the
the contents of the contract does not fall within the scope of obligations of the seller. In particular, Customer shall provide Seller with a comprehensive
description of the defect and to inform him of all circumstances which may be the cause of the defect found.
10.4 Unless otherwise agreed, the Customer shall ship the item to be repaired to the Seller’s place of business at its own cost and risk.
Seller’s registered office. The Seller recommends that the Customer take out transport insurance for this purpose. Furthermore, the Seller recommends the Customer to ship the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The Seller shall inform the Customer immediately of any obvious transport damage so that the Customer can assert any rights it may have against the carrier.
10.5 The return of the item shall be at the Customer’s expense. The risk of accidental loss and accidental deterioration of the item shall pass to the Customer upon handover of the item to a suitable transport person at the Seller’s place of business. At the Customer’s request, the Seller shall take out transport insurance for the item.
10.6 The Customer may also transport the item to be repaired to the Seller’s place of business and collect it again from the Seller’s place of business itself if this results from the Seller’s service description or if the parties have reached an agreement to this effect. In this case, the above provisions on the bearing of costs and risks in connection with the dispatch and return of the item shall apply accordingly.
10.7 The aforementioned provisions shall not limit the Customer’s statutory rights for defects in the event of the purchase of goods from the Seller.
10.8 The Seller shall be liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.
11) Special conditions for assembly/installation services
If, according to the content of the contract, the Seller, in addition to the delivery of the goods, is also responsible for the assembly or installation of the goods at the Customer’s premises and, if applicable, for the corresponding preparatory measures (e.g. measurement), the following shall apply:
11.1 The Seller shall render its services at its own discretion either in its own person or by qualified personnel selected by it. In doing so, the Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller’s description of services, the Customer shall not be entitled to select a specific person to perform the requested service.
performance of the desired service.
11.2 The Customer shall provide the Seller with the complete and truthful information required for the performance of the service owed, and shall
the service owed, insofar as the procurement of such information does not fall within the scope of the Seller’s duties according to the content of the contract.
11.3 After conclusion of the contract, the Seller shall contact the Customer in order to agree on a date for the performance owed.
performance owed. The Customer shall ensure that the Seller or the personnel commissioned by the Seller have access to the relevant facilities of the Customer on the agreed date.
11.4 The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the customer until completion of the
installation work is completed and the goods are handed over to the customer.
The Seller shall be liable in accordance with the statutory provisions for damage to the contractual partner caused by intentional or grossly negligent conduct on the part of the Seller or its employees.
negligent conduct of the Seller or its vicarious agents as well as for personal injury and damage under the Product Liability Act.
In all other respects, the liability of the Seller for claims for damages – on whatever legal grounds – shall be limited in accordance with the following
provisions below, unless otherwise stipulated in a guarantee given by the Seller:
For damages caused by slight negligence, the Seller’s liability shall be limited to the typically foreseeable damage.
For damages caused by delay due to slight negligence, the Seller’s liability shall be limited to the typically foreseeable damage, but not more than 5% of the total price agreed in the contract concerned.
The provisions of the preceding paragraphs shall apply mutatis mutandis to a limitation of the obligation to compensate for futile expenses (§ 284 BGB).
The above limitations of liability shall also apply in favor of vicarious agents of the Seller.
13) Redemption of promotional vouchers
13.1 Vouchers issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter “Promotion Vouchers”) can only be redeemed directly with the Seller and only during the specified period.
13.2 Promotion Vouchers can only be redeemed by consumers.
13.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
13.4 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
13.5 Only one promotional voucher can be redeemed for each order.
13.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
13.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
13.8 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
13.9 The promotional voucher shall not be refunded if the Customer returns the goods paid for in full or in part with the promotional voucher within the scope of its statutory right of revocation.
13.10 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotion voucher with the Seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the
of the non-entitlement, legal incapacity or lack of power of representation of the respective holder.
14) Applicable Law, Contract Language
14.1 All legal relations between the parties shall be governed by the law of the State of Montenegro.In the case of consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the State in which the consumer has his habitual residence.
14.2 The language of the contract is English.
15) Final clause
If individual provisions of these General Terms and Conditions are not legally effective in whole or in part, or if they later lose their legal
legal effectiveness later, the validity of the general terms and conditions shall otherwise not be affected. The invalid provisions shall be replaced by the legal provisions. The same is valid, as far as the general terms and conditions have an unforeseen gap.
General Terms and Conditions Sail Service Adriatic d.o.o.