Terms of Service
Based on these terms and conditions (AGB) comes between the customer and
Represented by Maximilian Groll
Address: Eisbrunnenstr. 22, 73072 Donzdorf
E-mail address: firstname.lastname@example.org
Commercial Register: Ulm
Commercial Register Number: HRB 746520
Sales tax identification number: DE362133630
hereinafter referred to as provider, the contract concluded.
Through this contract, the sale of new goods from the area / the marine accessories range is regulated through the online store of the provider. Because of the details of the respective offer, reference is made to the product description of the offer page.
The contract is concluded in electronic commerce via the shop system or via other means of distance communication such as telephone and e-mail. The presented offers represent a non-binding invitation to submit an offer by the customer order, which the provider can then accept. The order process for concluding the contract includes the following steps in the shop system:
Selection of the offer in the desired specification (size, color, number)
Insert the offer in the shopping cart
Press the button ‘order’
Enter the billing and delivery address
Selection of the payment method
Review and processing of the order and all entries
Click on the button ‘order now’
Confirmation email that order has arrived
Orders can be placed in addition to the shop system via remote communication (telephone / e-mail), whereby the order process for the conclusion of the contract includes the following steps:
Call the order hotline / send the order mail
Confirmation email that order has arrived
By sending the order confirmation the contract is concluded.
The contract is concluded for an indefinite period.
Prices, shipping costs, return costs
All prices are final and include the legal value added tax (VAT). In addition to the final prices, depending on the shipping method, there are additional costs that will be displayed before the order is sent. If there is a right of withdrawal and is used by this, the customer bears the cost of the return. For orders from outside the EU the VAT, duty and other taxes are not included in the prices of the offer.
Terms of payment
The customer has only the following options for payment: prepayment, cash on delivery, payment service (PayPal), invoice (dealers only). Other payment methods are not offered and will be rejected.
The invoice amount is to be transferred in advance to the account specified there after receipt of the invoice, which contains all details for the transfer and is sent by e-mail. In the case of delivery against cash on delivery the cash on delivery amount will be paid in cash to the deliverer, whereby the deliverer charges a COD charge. When using a fiduciary / payment service provider, this allows the provider and customer to process the payment between each other. The fiduciary service / payment service provider forwards the payment of the customer to the provider. Further information can be found on the website of the respective fiduciary service / payment service provider. The customer is obliged to pay or transfer the amount shown to the account indicated on the invoice within 10 days of receipt of the invoice. Payment is due without deductions from the date of invoice. After expiry of the term of payment, which is thus determined by the calendar, the customer is also in default without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. The set-off with claims of the customer is excluded, unless these are undisputed or legally established.
The goods will be shipped immediately after confirmed receipt of payment. The shipment is on average after 3 days at the latest. The entrepreneur undertakes to deliver on the 30th day after receipt of the order. The regular delivery time is 5 days unless otherwise stated in the item description. The supplier sends the order from its own warehouse as soon as the entire order is in stock. The customer will be informed about delays immediately. If the supplier is not responsible for a permanent impediment to delivery, in particular force majeure or non-delivery by own suppliers, although an appropriate cover transaction was made in good time, then the supplier has the right to withdraw from a contract with the customer to that extent. The customer will be informed immediately and any services received, in particular payments, will be refunded.
Consumers are entitled to the services offered a statutory warranty liability according to the relevant provisions of the Civil Code (BGB). If this is deviated, the warranty is based on the regulations set out in the General Terms and Conditions (GTC). If the customer is an entrepreneur, the warranty period for new goods is limited to one year. The supplier is granted the right to choose between a repair or a new delivery if the goods are new and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty is excluded for second-hand goods. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contract objective. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent. Otherwise, the statutory provisions apply. Goods, that are used for evaluation or military purposes are excluded from the warranty.
If the customer is an entrepreneur, the risk of accidental loss and / or accidental deterioration of the goods passes to the customer upon dispatch, with the delivery of the goods to the selected service provider. The customer has no possibility to directly access the stored contract text himself. The customer can correct errors in the input during the ordering process. To do this, he can proceed as follows: Corrections during the ordering process can be made via the back button of the browser. Corrections after completing the order process can be made by email to email@example.com.
Right of withdrawal and customer service
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day
In the case of a contract of sale: in which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.
In the case of a contract for several goods ordered by the consumer under a single order and delivered separately: to which you or a third party named by you, who is not a carrier, has or has taken possession of the last good.
In the case of a contract for the delivery of a good in several lots or pieces: where you or a third party named by you, who is not a carrier, has or has taken possession of the last partial shipment or the last.
In the case of a contract for the regular delivery of goods for a fixed period: where you or a third party named by you, who is not a carrier, has or has taken possession of the first good.
When several alternatives meet, the last time is decisive.
To exercise your right of withdrawal, you have to declare your withdrawal to (Eagle Marine GmbH, Maximilian Groll, Eisbrunnenstr. 22, 73072 Donzdorf, firstname.lastname@example.org) by a clear statement (eg. a letter sent by mail, fax, or e-mail) about your decision to withdraw this contract. You can use the attached model withdrawal form, which is not required.
In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you cancel this contract, we have sent you all the payments we have received from you, including the delivery costs (with the exception of the additional costs arising from the fact that you have chosen a different type of delivery than the cheap standard delivery offered by us have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have to ship the goods immediately and in any case not later than fourteen days from the date on which you inform us of the cancellation of this contract, to Eagle Marine GmbH, Maximilian Groll, Eisbrunnenstr. 22, 73072 Donzdorf email@example.com back to us or to hand over. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You have to pay the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
End of revocation
Claims for damages of the customer are excluded, unless otherwise stated for the following reasons. This also applies to the representative and vicarious agents of the provider, if the customer raises these claims for damages. Excluded are claims for damages of the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
The goods and the software are intellectual property of Eagle Marine. It is prohibited to copy or decompile any design, software or functionality of the products. It is also prohibited, to use the information gained from analysis or usage of the product, for development of similar or different products. With the usage of the product, you agree to the above points. Eagle Marine might charge compensations if violating this agreement.
Language, jurisdiction and applicable law
The contract is written in English. The further implementation of the contractual relationship takes place in German. It exclusively applies the law of the Federal Republic of Germany. For consumers, this applies only insofar as this does not restrict any statutory provisions of the state in which the customer has his domicile or habitual residence. The place of jurisdiction for disputes with customers who are not a consumer, a legal entity under public law or a special fund under public law is the registered office of the provider.
The invalidity of any provision of these Terms and Conditions has no effect on the validity of the remaining provisions.
According to the regulations of the Packaging Ordinance, we are obliged to take back packaging of our products that do not bear the sign of a system of comprehensive disposal (such as the” Zmart packaging licensing “of Zentek GmbH & Co. KG) and to reuse or dispose of it to care. Eagle Marine fulfills the packaging ordinance according to the legal guidelines. Registered at the Central Office for Packaging Register Foundation under the registration number: DE3454798676685.
Licensed by “Zmart Packaging Licensing”.
For further clarification on the return of such products, please contact us (+49 1573 2466010, firstname.lastname@example.org).
We will then give you a communal collection point or a waste disposal company in your area that will receive the packaging free of charge. If this is not possible, you have the option of sending the packaging to us (Eagle Marine GmbH, Eisbrunnenstr. 22, 73072 Donzdorf). We reuse the packaging or dispose of it in accordance with the provisions of the Packaging Ordinance.
Eagle Marine GmbH
I hereby revoke the contract I have concluded for the following goods:
Signature (only for printed forms):
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.