General Terms and Conditions
Yachten Meltl GmbH

Preamble

These General Terms and Conditions apply between Yachten Meltl GmbH, Chiemseestr. 65, 83233 Bernau a. Chiemsee (hereinafter: 'Provider') and its customers (hereinafter: 'Customer', collectively hereinafter: 'the Parties') for all contracts unless other express written agreements exist between the Parties.
The Customer's GTC shall not apply. This also applies if the Provider has not expressly objected to the Customer's GTC. The Customer's GTC are binding for the Provider only if they have been expressly acknowledged in writing by the Provider.

The GTC apply both to consumers (natural persons who enter into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity) and to entrepreneurs (natural or legal persons in the exercise of their commercial or self-employed professional activity). In some cases, different regulations apply to consumers and entrepreneurs, which will be indicated accordingly.

§ 1 Conclusion of Contract, Offers

(1) Contracts with the Provider are concluded by offer (order of the Customer) and acceptance subject to these Terms and Conditions. Offers by the Provider are non-binding.

(2) The Customer is bound to his order for two weeks. A contract is only concluded when the Provider confirms acceptance of the order in writing or executes or has the order executed.

§ 2 Subject Matter of Contract

(1) The content and scope of the services owed by the Provider result from the order confirmation.
(2) Design or shape changes, deviations in colors or materials, and changes to the scope of delivery by the manufacturer are reserved during the delivery period, provided that the changes or deviations are reasonable for the buyer taking into account the interests of the seller.

§ 3 Prices and Payment Terms

(1) Stated prices are exclusive of delivery costs, which will be charged separately.
(2) Invoices from the Provider are due immediately from the invoice date.

§ 4 Dates

(1) Dates and deadlines are only binding if they have been declared binding in writing by the Provider in the individual case.
(2) Stated delivery dates are subject to the condition that the Customer has made agreed down payments and payments on time. If the Customer fails to make agreed payments on time, the delivery date may be postponed; the Provider will inform the Customer of a new delivery date after receipt of payment.

§ 5 Delivery and Transfer of Risk

(1) Deliveries are made to the address specified in the order at the agreed transport costs.
(2) If no transport costs have been agreed, these shall be based on the Provider's current price list.
(3) The following additionally applies to entrepreneurs: Upon handover of the goods to the carrier designated by the Provider, the risk of accidental loss or deterioration of the goods passes to the Customer.

§ 6 Obligations of the Customer

(1) The Customer is obliged to ensure that the goods can be properly delivered at the agreed delivery time, in particular that a berth is available for the delivery of boats.
(2) The Customer is obliged to accept the goods within 8 days of receipt of the Provider's notice of readiness. If the Customer unjustifiably fails to accept the goods within the said period, the Provider may exercise its statutory rights, in particular claim damages.
(3) In the event of any defect notifications by the Customer, the Customer enables and grants the Provider and its personnel unrestricted access to the relevant equipment/premises, if the goods are not transported to the Provider.
(4) In the case of delivery outside Germany, the Customer shall make any necessary declarations for export from Germany and import into the destination country and, if necessary, obtain the documents required for customs clearance.

§ 7 Delays in Performance Due to Force Majeure

Unforeseen circumstances and events, such as measures in the context of labor disputes, in particular strikes and lawful lockouts, as well as obstacles beyond the Provider's sphere of influence, e.g., operational disruptions, delays in the delivery of essential materials, force majeure, insofar as such obstacles demonstrably have a significant impact on the delivery of the subject matter of delivery, shall postpone the performance date, even if they occur during an existing delay. The performance date shall be extended or postponed accordingly by the duration of such measures and obstacles. The Customer will be informed of the beginning and end of such obstacles as soon as possible, if this is possible for the Provider.
The above clause applies subject to the conditions stated in Section 11.

§ 8 Warranty

(1) Unless expressly agreed otherwise below, the statutory warranty law applies.
(2) The limitation period for defect claims for used goods is one year.
(3) For entrepreneurs: The limitation period for defect claims is one year.
(4) The above reductions of periods apply subject to the conditions stated in Section 11.
(5) If the Customer reports a defect that, according to the Provider's examination, does not exist, and the Customer was aware of the non-existence of the defect at the time of the report or was mistaken about it due to negligence, the Customer shall compensate the Provider for the damage incurred. The Customer is entitled to prove that the reported defect does exist. Within the scope of the above provisions, the Provider is in particular entitled to demand reimbursement from the Customer for the expenses incurred, e.g., for the inspection of the item or the repair requested by the Customer.
(6) For entrepreneurs: The Customer is obliged to inspect the goods immediately after receipt for proper function and completeness. The Customer will notify the Provider of any defects immediately, preferably in writing and, if reasonable, in a form comprehensible to the Provider (duty of inspection and notification). In the event of a breach of the duty of inspection and notification, the delivery shall be deemed approved with respect to the corresponding defect.

§ 9 Self-Supply Reservation

The Provider does not assume any procurement risk. The Provider is entitled to withdraw from the contract if, despite a corresponding purchase contract (congruent covering transaction) concluded with the necessary care, the Provider does not receive the subject matter of delivery and the non-delivery is not attributable to the Provider. The Customer will be informed immediately about the non-timely availability of the subject matter of delivery. If the Provider wishes to withdraw in this case, the right of withdrawal will be exercised immediately and the corresponding consideration will be refunded to the Customer.

§ 10 Retention of Title

(1) In purchase contracts, the Provider retains title to the delivered item until receipt of all payments under the contract. If the Customer fails to fulfill its contractual obligations, in particular in the event of default in payment, the Provider is entitled to demand the return of the delivered item; the Customer is obliged to return the item in this case.
(2) If the goods are processed or combined with other items, the Provider acquires co-ownership of the new item in proportion to the value of the goods delivered by the Provider and the other goods at the time of processing. The new item shall be deemed to be goods subject to retention of title within the meaning of this provision.
(3) The Customer is obliged to notify the Provider immediately of any seizures concerning the purchased item or other third-party access or attempted access regarding the purchased item, so that the Provider can assert its rights under the retention of title.
(4) The following additionally applies to entrepreneurs: At the Provider's request, the Customer is obliged to provide information at any time about the whereabouts of the goods delivered under retention of title and about the claims arising from resale. If the Customer resells the goods, uses them to fulfill a work or work delivery contract, or leases them, the Customer hereby assigns to the Provider the future claims arising therefrom against its customers with all ancillary rights to secure all of the Provider's claims.

§ 11 Liability

(1) For damages due to a slightly negligent breach of duty or a negligent breach of duties whose fulfillment makes the proper execution of the contract possible in the first place, whose breach jeopardizes the achievement of the purpose of the contract, and on whose compliance the Customer regularly relies, by the Provider or a vicarious agent, liability is limited in type and amount to the typical, foreseeable contractual damage.
(2) No liability limitations apply to damages arising from negligent or intentional injury to life, body, or health, as well as to damages whose compensation is based on the Product Liability Act.

§ 12 Data Protection

(1) When concluding and executing the contract, the Provider collects and stores personal data (e.g., first name, last name, address, email address, telephone number of the Customer). The provided email address and telephone number are used to inform the Customer about completed orders or the status of a contract by telephone or electronic message (email, SMS). The legal basis is Art. 6 para. 1 sentence 1 lit. b) GDPR (processing for the performance of a contract or for the implementation of pre-contractual measures).
(2) The Provider will use the data communicated in the context of a contract conclusion (first and last name, postal address, email address) for purposes of direct advertising by post or email for similar goods and services, if the Customer has not objected to this use of his data. This data processing is carried out in accordance with Art. 6 para. 1 sentence 1 lit. f) GDPR (processing to safeguard the legitimate interests of the Provider). The legitimate interest of the Provider lies in placing direct advertising.
The Customer may object to the use of his data for direct advertising by email by the Provider at any time, without incurring any costs other than the transmission costs according to the basic tariffs.
(3) The Customer has the following rights vis-à-vis the Provider regarding the personal data concerning him, subject to certain conditions:
– Right of access,
– Right to rectification or erasure,
– Right to restriction of processing,
– Right to object to processing,
– Right to data portability.
The Customer also has the right to lodge a complaint with a data protection supervisory authority about the processing of his personal data by the Provider.
If the Customer has given consent to the processing of his data by the Provider, he may revoke this at any time vis-à-vis the Provider.
(4) Personal data may be transferred to the service provider commissioned with the delivery for the purpose of contract execution. The legal basis is Art. 6 para. 1 sentence 1 lit. b) GDPR (processing for the performance of a contract or for the implementation of pre-contractual measures).
(5) The Provider processes and stores personal data only as long as necessary to achieve the purpose of storage. Storage may also take place insofar as this has been provided for by the European or national legislator in Union regulations, laws, or other provisions to which the controller is subject.
As soon as the purpose of storage ceases to apply or a storage period prescribed by the aforementioned provisions expires, the personal data will be routinely deleted.

§ 13 Choice of Law

The Parties agree, with regard to all legal relationships, to the application of the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The choice of law does not apply to provisions that cannot be waived in the area of consumer protection.

§ 14 Place of Jurisdiction

If the Customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law, or a special fund under public law, the registered office of the Provider is agreed as the place of jurisdiction for all disputes arising in the course of the contractual relationship or in connection with the execution of the contract. However, in this case, the Provider is also entitled to bring an action before a court that has jurisdiction over the registered office or a branch of the Customer.

§ 15 Written Form

No verbal collateral agreements have been made. Verbal or written contractual agreements within the meaning of § 305b BGB (including collateral agreements, supplements, and amendments) made with the Provider or an authorized representative of the Provider in individual cases take precedence over these Terms and Conditions. Outside of the above regulation, supplements and amendments to these General Terms and Conditions require the written form to be legally effective. This form requirement cannot be invalidated by verbal agreement, conclusive conduct, or tacitly.

Bernau a. Chiemsee, January 2020