GENERAL TERMS AND CONDITIONS
Marin Solar (a division of ewa-marine GmbH for sale online)
1. Scope
These terms and conditions apply to all declarations of intent, contracts and legal transactions marinSolar.biz quite similar transactions or actions of their customers (the "Customer"). Counter-confirmations of the customer with regard to its own business and / or purchasing conditions are expressly rejected, they are not part of agreement, if the conditions are confirmed by marinSolar.biz writing.
2. Definitions
2.1. Consumer within the meaning of these terms is any natural person who concludes the contract for a purpose that is neither commercial nor their independent vocational activity may be attributed.
2.2. Contractor under these Conditions at any customer who upon completion of the contract as part of his commercial or independent professional activity.
3. Conclusion
The range of products in catalogs and on the website of marinSolar.biz is not binding. The Customer places his order with a binding offer to conclude a sales contract. Subsequently sent by marinSolar.biz receipt and any status reports do not represent acceptance of the offer, the shipment of the goods and confirmation of shipment to the customer of an express declaration of acceptance by marinSolar.biz are the same.
4. Delivery
4.1. For orders from the Federal Republic of Germany and the Republic of Austria sent marinSolar.biz, unless otherwise agreed, the goods ordered to the delivery address.
4.2. For orders from other states marinSolar.biz place the goods available for collection by the customer or a fulfillment of his carrier. The goods will be transferred in these cases to the customer or authorized by this transportation company upon payment of the full purchase price. The customer can authorize marinSolar.biz so to task on his behalf, a suitable carrier with the delivery of goods to the delivery address.
4.3. In the case of partial delivery of goods, which caused or effected by marinSolar.biz the customer was offered the free shipping deliveries. In the case of partial delivery to specific customers in addition to the shipping costs 5 pursuant to Section calculated for each installment.
5. Prices, shipping costs, payment
5.1. The prices at the time of order. All prices are plus shipping costs, which are reported separately in the order. If the delivery has been expressly agreed individually between the customer and as a COD shipment marinSolar.biz borne by the customer in addition to COD and money transmission fees. When instructing a delivery service to transport the ordered goods to countries outside the EU may also incur additional charges and duties, which contribute to the customer as well.
5.2. The customer can choose between different payment methods that are dependent on the order amount, type of delivery, shipping destination and the preferences specified in the account. The different payment options available to the customer in the "basket" to choose from and are also in the "service area" of the site described by marinSolar.biz. If payment is by credit card solves marinSolar.biz the payment is only made for goods output.
5.3. When ordering goods which are not included in the assortment of marinSolar.biz and delivered to the customer's request, marinSolar.biz charged a handling fee of € 15.00. The processing fee will be shown separately on the invoice and in the case of the complaint is not refundable.
6. Delivery times
6.1. The expected delivery times depend on the particular product. On the website of marinSolar.biz is indicated by symbols and corresponding explanations for each product availability through an estimate of shipping day. Depending on the shipping method you choose is then the delivery within the usual shipping time from Germany. If, after the order by the customer to change the expected delivery day, the customer will automatically be informed by e-mail. The customer then has, if he is a consumer at any time before delivery of the right to request to withdraw from his order or make changes, if agreed between the customer and marinSolar.biz otherwise expressly agreed. In cases where the goods are handed over upon payment of the full purchase price (Section 4.2), marinSolar.biz, the goods are ready for the expected above Versendungstag for pickup. The delivery deadline is met when the goods leave the warehouse within this period.
6.2. The customer authorizes marinSolar.biz to task on his behalf by a transport company to transport the goods to foreign countries (para. 4.2.), The delivery period with provision of the product is kept for collection.
6.3. The customer has, so far as he is an entrepreneur, marinSolar.biz set for exceeding the time limit an appropriate extension.
7. Non-delivery by suppliers
7.1. marinSolar.biz assume any procurement risk. If the object despite the prior conclusion of a corresponding purchase contract is not available or not temporarily, marinSolar.biz will inform the customer of this immediately after the order and subsequently at regular intervals. Until the delivery by the supplier is marinSolar.biz exempt from liability in the absence of availability and may withdraw from the contract. This does not apply if marinSolar.biz is responsible for the non-delivery by the supplier. Withdraw if marinSolar.biz wants, she will exercise the right to withdraw immediately.
7.2. In case of withdrawal are already on the purchase price immediately refunded amounts paid by marinSolar.biz. Damage claims by the customer are excluded. This does not apply if marinSolar.biz is responsible for the non-delivery by the supplier.
8. Right of withdrawal
8.1 Withdrawal
You may cancel your contract within two weeks without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. 8.2 The time limit begins after receipt of this notification in writing, but not before receiving the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 Paragraphs 1 and 2 draft Law and our obligations in accordance with § 312e Section 1 Clause 1 BGB in conjunction with Article 246 § 3 BGB.
8.3 In order to safeguard the withdrawal period is sufficient to send the revocation or thing.
8.4 The revocation must be sent to: ewa-marine GmbH / marin solar
Blumenstr. 17 82538 Geretsried info@marinSolar.biz Fax: 08171-418510
8.5 Consequences
In the case of an effective withdrawal, the mutually received benefits and any benefits (eg interest) surrendered. Can you give us the received achievement totally or partly or only in deteriorated condition, you must pay us compensation for the value. 8.6 With the release of things this does not apply if the deterioration is exclusively due to their inspection - as they would in a retail store - is due. For a purpose by putting the goods caused, you must not have value. 8.7 Transportable items are to be returned at our risk. You have to bear the cost of return shipment if the delivered goods ordered and if the price returned the case of an amount not exceeding 40 euros or if you are at a higher price the thing is not at the time of full payment or a contractually agreed part payment provided. Otherwise, the return is free for you. 8.8 Please note, however, the prepaid shipments will be accepted by us only on account of können.Der you paid the price of transport will be replaced as part of the refund, but not exceeding the amount of the lowest reasonable transportation fee of Deutsche Post AG / DHL. Obligations to reimburse payments must be made within 30 days. 8.9 The time limit begins for you when you send your cancellation or the goods for us with their receipt. End of Widerufsbelehrung
9. Warranty
In the case of a lack of responsibility of the customer calls marinSolar.biz on subsequent performance. If the customer uses, the relevant period, it must be reasonable.
10. Special warranty conditions for entrepreneurs
If the customer is a businessperson and one appointment to the operation of his business, apply to defects of the law. Notices of defects must be in writing.
11. Limitation of warranty claims
11.1. Claims for material defects shall lapse upon expiry of a period of two years from receipt of the item.
11.2. If the customer is an entrepreneur (see section 2.2.) Barred claims for material defects with the expiration of a period of one year from receipt of the item. The statutory limitation of recourse (§ 479 BGB) remains unaffected.
11.3 The referred to in paragraphs 11.1 and 11.2 of limitation do not apply in the case of willful misconduct or fraudulent concealment of a defect or if marinSolar.biz provided a guarantee for the quality of the delivery item.
11.4 The limitation of the numbers 11.1 and 11.2 also apply to claims based on defects in cases of injury to life, limb or health, to claims under the Product Liability Act, in a grossly negligent breach of duty or culpable violation of essential contractual obligations.
12. Guarantee
Note: Some manufacturers offer warranties on their products, which go beyond the warranty rights. Refer to this information, please see our product catalog. Apply the provisions of the manufacturer's warranty.
13. Retention of title
13.1. The delivered goods until full payment of the purchase price and all claims arising from the delivery of property marinSolar.biz.
13.2. If the customer is a company (Section 2.2), it assigns all claims that he bought from a resale of the goods to his customers, as security in the full amount of marinSolar.biz. The customer is revocable right to collect these claims. marinSolar.biz the collection authorization will only be revoked and collect the assigned claims if the customer meets his payment obligations not properly.
13.3 If the customer is a company (Section 2.2), requests are third parties to the joint ownership of property or marinSolar.biz the goods by the customer immediately. Through such interventions resulting costs for extra-judicial release to the customer.
14. Liability
14.1. Claims for damages for breach of duty and tort claims and reimbursement of expenses are excluded both against marinSolar.biz as well as to its vicarious agents.
14.2. This limitation shall not apply if the damage was caused deliberately or through gross negligence, and breach of contractual obligations in the. She also does not apply to damages resulting from injury to life, limb or health, if marinSolar.biz is responsible for the breach of duty. The restriction also does not apply for damages based on the absence of a guaranteed property or for which liability is provided under the Product Liability Act.
14.3. To hedge the risk of transporting the supplies are automatically insured for transport. By the insurance paid shall be forwarded by marinSolar.biz immediately to the customer. This also applies if liability is excluded from marinSolar.biz due to the above provisions, the predictable and typically occurring damage is nevertheless covered by the insurance. Further claims of customers against marinSolar.biz excluded in this case.
15. Setoff
The customer is not entitled to set off. The netting prohibition does not apply if the counter claims of marinSolar.biz not disputed, legally established, or are ripe for a decision.
16. Privacy Policy
marinSolar.biz used the data reported by the customer such as name, address, telephone number, fax number and e-mail address only to process the order and other contractual relationships with customers. Data will not be disclosed to third parties. The privacy practices of marinSolar.biz is consistent with the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
17. Legal Notice about the content of websites
The contents of the websites are created by marinSolar.biz at great economic expense and updated. The use of the contents of the websites may marinSolar.biz for informational purposes only done for the customer's own use. Is not permitted any other use of content or a link with the content for commercial purposes. This applies regardless of the legal protection capability in particular for watermarks and other marks of marinSolar.biz, product information for images, product descriptions, product and other data. The Customer acknowledges the foregoing limitations of the use of the contents of the websites from marinSolar.biz.
18. Final Provisions
18.1. The contract is only the law of the Federal Republic of Germany. The validity of the UN purchasing law is excluded. If the customer is a consumer, are beyond the mandatory consumer protection rules applicable in force in the State in which the customer has his habitual residence, provided they offer the customer a more extensive protection.
18.2. If the customer is a merchant, legal entity under public law or public law special fund, the exclusive jurisdiction for all claims arising from the contractual relationship Munich.
Geretsried, 2011
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