A. General Terms and Conditions
1.1 These General Terms and Conditions of Maritim Manufaktur GmbH (hereinafter “Seller”) apply to all contracts that an entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These General Terms and Conditions also apply exclusively if the seller carries out the delivery to the customer without special reservation despite being aware of the customer's conditions that contradict or deviate from these conditions.
2 Conclusion of contract
1.3 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.
1.4 The customer can submit the offer using the online order form integrated in the seller's online shop. After entering their personal data, the customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking on the button that completes the ordering process.
1.5 The seller can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by asking the customer to pay after placing their order.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
1.6 Order processing and contact are made via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
1.7 If the parties have agreed on special conditions, these generally do not apply to current and future contractual relationships with the customer.
1.8 If the customer is financially unable to fulfill his obligations towards the seller, the seller can terminate existing exchange contracts with the customer by withdrawing without notice. This also applies if the customer files for insolvency. § 321 BGB and § 112 InsO remain unaffected. The customer will inform the seller in writing at an early stage of any impending insolvency.
3 Prices and payment terms
1.10 The seller's stated prices are gross prices and include statutory German sales tax. Packaging and shipping costs, loading, insurance (especially transport insurance), customs duties and taxes are calculated separately.
1.11 Various payment options are available to the customer, which are specified in the seller's online shop.
1.12 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
1.13 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
1.14 If you select the delivery on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deductions within 10 (ten) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to carry out a credit check when selecting the delivery on account payment method and to reject this payment method if the credit check is negative.
1.15 A payment is deemed to have been received as soon as the equivalent value has been credited to one of the seller's accounts. In the event of late payment, the seller is entitled to interest on arrears amounting to 10 percentage points above the respective base interest rate. The seller's other legal rights in the event of late payment by the customer remain unaffected. If claims are overdue, incoming payments will first be offset against any costs and interest, then against the oldest claim.
1.16 If unforeseeable cost increases occur (e.g. currency fluctuations, unexpected price increases by suppliers, etc.), the seller is entitled to pass on the price increase to the customer. However, this only applies if, as agreed, delivery is to take place later than four months after the conclusion of the contract.
4 Delivery and shipping conditions
1.17 Goods are regularly delivered by shipping and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
1.18 Delivery times/dates mentioned are non-binding unless the binding nature of the time/date mentioned is expressly confirmed by the seller.
1.19 The seller is entitled to make partial deliveries if this is reasonable for the customer. In the case of permissible partial deliveries, the seller is entitled to issue partial invoices.
1.20 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific cover transaction with the supplier with due care. The seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
1.21 The risk of accidental loss and accidental deterioration of the goods passes when the goods are handed over to a suitable transport person. This also applies if the seller bears the costs of transport. Transport insurance is only provided upon special request and at the expense of the customer. If the seller is responsible for the installation and assembly, the risk is transferred to the customer upon completion of the installation and assembly work and handover.
1.22 If delivery is not possible for reasons for which the customer is responsible, for example because the goods do not fit through the customer's entrance door, front door or staircase, or because the customer cannot be found at the delivery address specified by him, although the delivery time was announced to the customer with a reasonable period of time, the customer bears the costs for the unsuccessful delivery and is obliged to pay a flat-rate compensation for delay. This amounts to 1% for each full week of delay, but a maximum of 8% of the value of the total delivery or the part of the total delivery that was not accepted. The parties remain free to prove higher or lower damages.
1.23 In the event that the shipment of the goods to the customer is delayed for reasons for which the customer is responsible, the transfer of risk takes place when the customer is notified that the goods are ready for shipment. The customer must bear any storage costs incurred after the transfer of risk.
1.24 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collection. After receiving this email, the customer can collect the goods after consultation with the seller. In this case, no shipping costs will be charged.
5 call orders
1.25 Call-off orders must be accepted and paid for in full no later than 12 months after the order date.
1.26 If a more favorable price scale has been agreed based on the total call-off quantity, the seller is entitled to adjust the price in accordance with the quantity scale if the customer does not purchase the entire quantity for reasons for which he is responsible.
1.27 After the deadline for a call-off order has expired, the seller is entitled, after setting a grace period in writing to the customer, to withdraw from the contract due to the quantities that have not yet been accepted and, if the legal requirements are met, to demand compensation.
6 Force Majeure
In the event of force majeure events that affect the fulfillment of the contract, the seller is entitled to postpone delivery for the duration of the hindrance and, in the event of longer-term delays, to withdraw in whole or in part, without any claims being made against the seller. All events that are unforeseeable for the seller or those that - even if they were foreseeable - are beyond the seller's control and whose impact on the fulfillment of the contract cannot be prevented by the seller's reasonable efforts are considered force majeure. Any legal claims of the customer remain unaffected.
7 Delay in performance
1.28 In the event of a delay in service, the customer only has the right to withdraw from the contract within the scope of the statutory provisions if the delay is the seller's responsibility.
1.29 If the seller defaults, the customer is obliged, at the seller's request, to declare within a reasonable period of time whether he is withdrawing from the contract due to the delay in delivery or insisting on performance.
1.30 If the customer legitimately claims damages or reimbursement of expenses instead of the service due to delay, he is entitled to demand flat-rate damages amounting to 1% of the price for the part of the service that is due to the delay for each completed week of delay cannot be used, but a maximum of 8% of this price in total.
1.31 If shipping or delivery is delayed at the customer's request for more than one month after notification of readiness for shipment, the customer may be charged storage fees of 0.5% of the price of the items in the delivery for each additional month or part thereof, but a maximum of 5% in total become.
1.32 The contracting parties are at liberty to prove higher or lower damages.
1.33 The above limitations of liability do not apply in the event of intent, fraud, gross negligence and damage resulting from injury to life, body or health.
8 Retention of title
1.34 The seller reserves ownership of the delivered goods until the purchase price owed has been paid in full. Furthermore, the seller reserves ownership of the delivered goods until all of his claims from the business relationship with the customer have been fulfilled.
1.35 If the delivered goods are processed, the seller is considered the manufacturer and acquires ownership of the newly created goods. If the processing takes place together with other materials, the seller acquires ownership in the ratio of the invoice value of his goods to that of the other materials. If the seller's goods are combined or mixed with one of the customer's items, this is to be regarded as the main item, the co-ownership of the item shall be in the ratio of the invoice value of the seller's goods to the invoice value or, failing that, to the market value of the main item Seller about. In these cases, the customer is considered the custodian.
1.36 The customer may neither pledge nor assign as security items subject to retention of title or rights. The customer is only permitted to resell as a reseller in the normal course of business under the condition that the customer has effectively assigned the seller's claims against his customers in connection with the resale and that the customer transfers ownership to his customer subject to payment. By concluding the contract, the customer assigns his claims in connection with such sales against his customers to the seller as security, who simultaneously accepts this assignment.
1.37 The customer must immediately report access to the goods owned or co-owned by the seller or to the assigned claims. He must immediately pay the amounts assigned to the seller and collected by him to the seller if his claim is due.
1.38 If the value of the seller's security rights exceeds the amount of the secured claims by more than 10%, the seller will release a corresponding share of the security rights at the customer's request.
9 Liability for defects
If there is a defect in the purchased item, the statutory regulations apply. Deviating from this, the following applies to items that were not used for a building in accordance with their normal use and that caused its defects:
1.39 An insignificant defect does not constitute a claim for defects and does not entitle the customer to refuse to accept the goods. If part of the goods has a not insignificant defect, this does not give rise to a complaint about the entire delivery. Something different only applies if the partial delivery is of no interest to the customer. In addition, payments from the customer may only be withheld to an extent that is proportionate to the material defect that has occurred. If the item is provided free of charge, the seller is only liable for defects if he is guilty of intent or gross negligence.
1.40 Claims for defects do not arise in the event of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable operating resources or due to special external influences that are not assumed under the contract, as well as in the case of non-reproducible faults. If the customer or third parties carry out improper changes or repair work, there are no claims for defects for these or the resulting consequences, unless the customer can prove that the fault complained of was not caused by these changes or repair work.
1.41 For used goods, rights and claims due to defects are excluded.
1.42 The limitation period for claims for defects is one year from the transfer of risk. Subsequent performance (new delivery or repair) can only influence the statute of limitations of the defect that triggers the subsequent performance.
1.43 The above limitations of liability and limitations of limitation in paragraphs 9, 9 and 9 do not refer to cases of recourse claims according to Section 478 of the German Civil Code (BGB) or to claims for damages and reimbursement of expenses that the customer can assert due to defects in accordance with the statutory provisions. Section 10 applies to the latter claims.
1.44 Is the customer a merchant? S.d. § 1 HGB, he is subject to the commercial obligation to investigate and give notice of complaints in accordance with § 377 HGB. If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection.
1.45 In the event of supplementary performance, the seller has the right to choose between repair or replacement delivery.
1.46 If subsequent fulfillment is carried out by way of replacement delivery, the customer is obliged to return the goods that were first delivered to the seller within 30 days. The return package must contain the reason for the return, the customer name and the number assigned to the purchase of the defective goods, which allows the seller to identify the returned goods. As long as and to the extent that the allocation of the return shipment is not possible for reasons for which the customer is responsible, the seller is not obliged to accept returned goods and to repay the purchase price. The customer bears the costs of re-sending.
1.47 If the seller delivers a defect-free item for the purpose of supplementary performance, the seller can claim compensation for use from the customer in accordance with Section 346 Paragraph 1 of the German Civil Code (BGB). Other legal claims remain unaffected.
Liability for delay is conclusively regulated in Section 7. Furthermore, the seller is liable for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
1.48 The seller is liable without restriction for any legal reason
in the event of intent or gross negligence,
in the event of negligent or intentional injury to life, body or health,
based on a guarantee promise, unless otherwise regulated in this regard,
due to mandatory liability such as under the Product Liability Act.
1.49 If the seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless unlimited liability exists in accordance with Section 10.1. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.
1.50 Otherwise, liability on the part of the seller is excluded.
1.51 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
11 Statute of Limitations
The customer's claims against the seller - with the exception of the claims according to section 9 - expire one year from knowledge, but no later than five years after the service has been provided, unless there is unlimited liability in accordance with section 10.1.
12 Retention, assignment
1.52 The customer's rights of retention and refusal of performance are excluded unless the seller does not dispute the underlying counterclaims or these have been legally established.
1.53 An assignment by the customer of claims arising from the contract concluded with the customer, in particular an assignment of any claims for defects by the customer, is excluded.
13 Applicable law, place of jurisdiction, contract language
1.54 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods.
1.55 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the registered office of the seller. The same applies if the customer does not have a general place of jurisdiction in Germany or his or her place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
1.56 The contract language is German.
B. Customer information for electronic commerce
1 Information about the technical steps that lead to the conclusion of the contract
1.57 In order to submit his offer via the seller's online order form, the customer must go through the following technical steps:
1.57.1 Place the desired item in the virtual shopping cart
1.57.2 Register in the online shop by entering your user ID and password or – if you do not yet have a customer account – entering your order details in the form provided
1.57.3 Entering billing and delivery addresses
1.57.4 Selection of the desired shipping method
1.57.5 Selection of the desired payment method
1.57.6 Summary of order information
1.57.7 Sending the order
1.58 Acceptance by the seller takes place in accordance with Section 2.3 of the seller's general terms and conditions (see above).
2 Information on storing the contract text
The contract text is stored on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login details, provided that the customer has created a customer account in the seller's online shop before sending his order.
3 Information about the technical means to detect and correct input errors
Before the order is bindingly submitted, the customer can continually correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
4 Information about the languages available for concluding the contract
Only the German language is available for concluding the contract.
Alternative dispute resolution in accordance with Article 14 Paragraph 1 ODR-VO and Section 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr find. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.