Terms and Conditions

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§1 validity of the general terms and conditions


All our deliveries and services are subject exclusively to these General Terms and Conditions in the version valid at the time of the order.
You can download or print the text to your computer. We do not recognize regulations deviating from these conditions, unless they are expressly confirmed by us.

 


§2 storage option and insight into contract text


You can view the terms and conditions at any time on our shop page www.mymarineshop.com. You can print or save this document by using the usual functionality of your Internet service program (browser). Almost always there is an option in the menu under "File" to save and print the accessed website. Furthermore, after ordering you will receive an order confirmation e-mail, which once again contains all relevant data and which you can save. Your specific order data are stored with us, but are not available for security reasons directly from us.

 


§3 Conclusion of contract, change reservation, deviating delivery

  1. All our offers are non-binding as long as they are not the subject of a contractual agreement. The purchase contract for the item (s) you have selected will be closed by delivery of the order confirmation email within 2-5 working days or by immediate delivery by sending the ordered goods. The order confirmation by email only signals the technically flawless receipt of your order and does not constitute an order confirmation.

  2. We remind you that you do not have to accept goods that you did not order or did not order. Again, the right of withdrawal applies, so that these deliveries can be returned at our expense and risk.

 

§4 prices, delivery, shipping costs

  1. For our deliveries our list prices apply at the time of ordering the goods. All prices are in Euro incl. the applicable value added tax in Germany, plus shipping costs.
  2. We usually deliver within five business days. Binding delivery dates must be expressly agreed. We use DHL as a transport company. The choice of another company remains reserved.

 

§5 Retention of title, payment

 

§6 Right of Withdrawal for Consumers, Return Costs

  1. www.mymarineshop.com grants the statutory right of revocation for consumers, ie. natural persons, who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor their independent professional activity.
  2. The customer has to bear the costs of the return as a consumer, if the delivered goods correspond to those ordered and if the price of the goods to be returned does not exceed 40 euros or if he still has a higher price of the goods at the time of the cancellation has not provided the consideration or a contractually agreed partial payment.
  3. In the case of deliveries abroad, we only accept the return costs in cases where the law of the state in which the consumer is domiciled stipulates that the costs must be borne by the merchant. For deliveries to consumers based and delivered outside the territory of the European Union, the right of revocation shall only apply if the law of the country in which the consumer has his registered office provides for such a right of revocation for consumer orders.
  4. We will refund you (as required by law) only the regular costs of the return! The postage costs incurred for the return will be refunded by bank transfer.
  5. If you want to make use of your right of revocation, please get in contact with us beforehand, preferably by email to This email address is being protected from spambots. You need JavaScript enabled to view it. We will be pleased to clarify with you the design of the return. Send the goods best in the shipping box and original packaging we use. This is not a requirement for asserting your right, but helps to avoid further problems. Please note the following information on the legally required instructions regarding conditions and consequences of the right of withdrawal.
  6. Please note that a right of withdrawal according to the statutory provisions, inter alia, not in distance contracts for the delivery of goods that were made to customer specifications Please note the following legally required instruction on the relevant conditions and consequences of the right of withdrawal.

 

Cancellation - Withdrawal


You can revoke your contract within 14 days without giving reasons in writing (for example, letter, fax, e-mail) or - if the case before the deadline - by returning the goods.
The period begins after receipt of this instruction in text form, but not before receipt of the goods at the recipient (in the case of recurrent delivery of similar goods not before receipt of the first part delivery) and not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB as well as our obligations according to § 312g paragraph 1 sentence 1 BGB in connection with article 246 § 3 EGBGB.
The revocation must be sent to:
This email address is being protected from spambots. You need JavaScript enabled to view it.

 


Consequences of Withdrawal


In the case of an effective revocation, the mutually received benefits and any benefits (eg interest) surrendered. If you can not give us back the received performance in whole or in part or only in a deteriorated condition you have to pay compensation for the value. For the deterioration of the thing and for drawn uses, you only have to pay compensation if the use or the deterioration is due to a handling of the thing, which goes beyond the examination of the characteristics and the functioning. By examining the characteristics and the mode of operation one understands the testing and trying out of the respective commodity, as it is possible and usual in the store, for example. Transportable items are to be returned at our risk. You have to bear the regular costs of the return, if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 40 euros or if you have a higher price of the item at the time of cancellation not yet the consideration or a contractually agreed partial payment. Otherwise, the return is free for you. Non-parcels are picked up at your place. The period begins for you with the dispatch of your revocation or the thing, for us with their receipt.

 

§7 Warranty / Disclaimer / Complaints


(1) We guarantee that the delivery items are free of defects according to the current state of the art.
(2) We assume no liability for defects and damages resulting from improper and improper use, non-observance of instructions for use or incorrect or negligent treatment.
(3) In commercial transactions, obvious defects must be reported in writing without delay, but no later than two weeks after receipt of the delivery; otherwise, all claims for defects are excluded. It additionally applies § 377 HGB.
(4) Insofar as a defect of the purchased item for which we are responsible is known, we shall be obliged to remedy the defect or to replace it at the customer's discretion. In commercial business, the supplementary performance will be at our discretion. If, within a reasonable period of time, we fail to remedy any errors by repair, the buyer may demand a reduction of the purchase price or a cancellation of the contract. The use of the original packaging is not a mandatory requirement for your warranty rights.
(5) Unless expressly agreed, further claims of the purchaser - regardless of the legal grounds - are excluded. We are therefore not liable for damages that are not directly incurred in the delivery item; In particular, we are not liable for lost profits or other financial losses of the buyer. This limitation of liability does not apply insofar as we or our vicarious agents are guilty of intent or gross negligence or the damage is based on a breach of essential contractual obligations or claims according to §§ 1, 4 of the Product Liability Act. Furthermore, the limitations of liability do not apply to damages resulting from injury to life, limb or health; In these cases, we are liable even for simple negligence of our legal representatives or vicarious agents. Liability from warranty statements is also unaffected.
(6) Insofar as our liability is excluded, this also applies to the personal liability of our employees and vicarious agents.
(7). The warranty period is two years. Longer guarantees of the respective manufacturers remain unaffected. If a damage claim based on a material defect is due to intentional breach of duty by us, then the statutory limitation periods shall apply.

 

§8 Other claims for damages


We shall be liable beyond the provisions of § 7 for claims for damages, in particular for tortious acts, organizational negligence, culpability at conclusion of contract or any other debt-related claims arising from breaches of duty only insofar as we or our vicarious agents are guilty of intent or gross negligence or the damage is due to a breach of essential contractual obligations or claims under §§ 1, 4 of the Product Liability Act. This does not apply to damage resulting from injury to life, limb or health; In these cases, we are liable even for simple negligence of our legal representatives or vicarious agents.

 

 

§9 Offsetting, retention


(1) Offsetting is only permitted if the counterclaims have been legally established or recognized.
(2) The customer is only authorized to assert his right of retention insofar as his counterclaim is based on the same contractual relationship.

 

§10 Privacy


Personal information will not be disclosed to third parties and stored to process the order and any warranty. After completion of these purposes, we keep your address data in our customer database. You may object to the storage and use of your data beyond the above-mentioned purposes at any time and without justification.

 


§11 Applicable law, jurisdiction


(1) For these terms and conditions as well as all transactions carried out with mymarineshop.com, German law shall be excluded, excluding the UN Sales Convention, even if ordered from abroad (outside of Germany) or delivered abroad. Excluded is the carrying of the return costs for the right of withdrawal of the consumer and the right of withdrawal for consumers themselves, if the law of the state in which the consumer has his usual place of residence, these regulations does not provide mandatory. In these cases the right of the habitual residence of the consumer applies.
(2) Place of jurisdiction for all disputes arising from the contractual relationship is Garmisch Patenkirchen If you have your domicile or habitual residence abroad (outside of Germany), Garmisch Patenkirchen is for all claims in connection with your order. We are in all cases entitled to sue at your general place of jurisdiction. In the event of a legal dispute, the address is: MyMarineShop Smiljan Dimitrijevic
SaulgruberStr.28, 82433 Bad Kohlgrub, Germany.

 


§ 12 Miscellaneous


(1) Otherwise, the statutory provisions apply.
(2) Should one or more provisions of these General Terms and Conditions be wholly or partially invalid or lose their legal validity later, this shall not affect the validity of the remaining terms and conditions.


Bad Kohlgrub
Smiljan Dimitrijevic
Phone: + 498845 / 444-9684
Telephone: +491525 9388-488
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

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