General Terms and Conditions of NV Chart Group GmbH
§ 1 General - Scope
1. These terms and conditions apply to all sales contracts concluded with us.
2. Consumers within the meaning of the terms and conditions are natural persons with whom a business relationship is entered into without a predominantly commercial or independent professional activity being attributable to them. Companies within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity, with whom a business relationship is entered into, who act in the exercise of a commercial or self-employed professional activity. Customers within the meaning of the terms and conditions are both consumers and entrepreneurs.
3. Deviating, conflicting or supplementary general terms and conditions, even if known, are not part of the contract unless their validity is expressly agreed.
§ 2 Conclusion of contract
1. Our offers and prices are non-binding. Technical changes as well as changes in shape, color and/or weight are reserved within reasonable limits. Unless expressly agreed otherwise, the price lists valid on the day the contract is concluded shall apply, which then become part of the contract. The prices quoted are ex warehouse Eckernförde plus the freight costs stated in the order and the sales tax that is also shown. Statutory sales tax is included in the prices given to consumers.
2. By ordering a product, the customer makes a binding declaration that they want to purchase the ordered product. We are entitled to accept the contract offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing or by delivering the goods to the customer.
3. If the consumer orders the goods electronically, we will immediately confirm receipt of the order. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance.
4. The conclusion of the contract is subject to the correct and timely delivery to us by our suppliers. This only applies in the event that we are not responsible for the non-delivery, in particular if a congruent hedging transaction is concluded with our supplier.
§ 3 Delivery time / delivery abroad
1. An agreed delivery period begins on the date of the order confirmation. The agreed service time is met if we have handed over the goods to the person carrying out the transport within the delivery period or - in the case of collection by the customer - have notified the customer that they are ready for dispatch.
2. Delays in delivery and performance due to force majeure and due to events that make it significantly more difficult or impossible for us to perform the service owed - these include in particular strikes, lockouts, official orders, etc., even if they occur at our suppliers or sub-suppliers - we are not allowed represented, even if deadlines and dates have been agreed as binding.
3. For deliveries and services from Germany to countries outside the EU, the customer must provide the export proof required for tax purposes. If proof is not provided, the customer must immediately pay the sales tax on the invoice amount for deliveries within Germany.
4. In the case of deliveries and services from one member state to another member state of the EU, the customer must provide his sales tax identification number, under which the customer carries out the purchase tax within the EU, before the transaction is carried out. Otherwise, the customer has to pay the legally owed sales tax on our deliveries and services in addition to the purchase price owed.
§ 4 Retention of title
1. In the case of contracts with consumers, we retain title to the goods until the purchase price has been paid in full. In the case of contracts with entrepreneurs, we retain ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. Insofar as the value of all security rights to which we are entitled exceeds the amount of all secured claims by more than 20%, we shall release a corresponding part of the security rights at the request of the entrepreneur.
2. The customer is obliged to treat the goods with care. If special storage of the goods is necessary to protect them from spoilage or other negative changes to the product properties, the customer must take care of this at his own expense.
3. The customer is obliged to notify us immediately of any access by third parties to the goods, for example in the event of seizure, as well as any damage to or destruction of the goods. The customer must notify us immediately of any change of possession of the goods and of his own change of residence.
4 We are entitled to withdraw from the contract and demand the return of the goods in the event of conduct by the customer in breach of the contract, in particular in the event of default in payment or breach of an obligation in accordance with clauses 2. and 3. of this provision.
5. The entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to us all claims in the amount of the invoice amount which he acquires against a third party through the resale. We accept the assignment. After the assignment, the entrepreneur is authorised to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly fulfil his payment obligations and defaults on payment.
6. The processing of the goods by the entrepreneur shall always be carried out in our name and on our behalf. If processing is carried out with items not belonging to us, we shall acquire co-ownership of the new item in proportion to the value of the goods delivered by us to the other processed items. The same shall apply if the goods are mixed with other objects not belonging to us.
§ 5 Right of cancellation and return
1. In the case of an amicable exchange, we calculate our costs for control and administrative work according to expenditure, which is communicated to the customer separately. This does not apply to exchanges due to recognized defects or as part of a revocation.
2. Entrepreneurs may only return goods for exchange with our approval at their expense and stating the customer and invoice number in the original packaging.
3. Instruction on the right of withdrawal for consumers in distance contracts and off-premises transactions
Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. In order to exercise your right of withdrawal, you must inform us
NV Chart Group GmbH
Tel.: +49 4351 469995 0
Fax: +49 4351 8609909
by means of a clear explanation (e.g. a postal sent letter, fax or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To comply with the cancellation period, it is sufficient for you to send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of cancellation If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. 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 must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of the contract. The deadline is met if you send the goods before the end of the period of fourteen days. You shall bear the direct costs of returning the goods.
You shall only be liable for any loss in value of the goods if this loss in value is due to your handling the goods in a manner that is not necessary for examining their condition, properties and functioning.
You can find a form for the declaration of revocation at www.nvcharts.com/widerruf. You are not obliged to use this form.
Exclusion of the right of withdrawal The right of withdrawal does not apply to contracts & #8226; for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
& #8226; for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,
& #8226; for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.
§ 6 Terms of payment
1. The customer undertakes to pay the purchase price within seven days of receipt of the goods, unless the parties have agreed otherwise in the individual case. After expiry of this period, the customer shall be in default of payment. During the period of default, the consumer shall pay interest on the debt at a rate of 5 percentage points above the base interest rate. During the period of default, the entrepreneur shall pay interest on the debt at a rate of 8 percentage points above the base interest rate. In principle, we reserve the right to prove and assert higher damages caused by default.
2. The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by us. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship. Bills of exchange or cheques shall be accepted on account of performance at most and shall only extinguish the claim when we have been fully satisfied from them.
§ 7 Transfer of risk
1. If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer upon handover, in the case of a sale by delivery to a place other than the place of performance, upon delivery of the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
2. If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold item shall pass to the buyer only upon handover of the item, even in the case of sale by dispatch.
3. Handover shall be deemed to have occurred if the buyer is in default of acceptance.
§ 8 Warranty
1. For defects in the goods, we shall initially (subject to the restrictions in § 9) provide the customer with a warranty at our discretion by rectifying the defect or supplying a replacement.
2. If the subsequent performance fails, the customer may in principle demand a reduction in the remuneration (abatement) or cancellation of the contract (withdrawal) at his discretion. However, in the event of only a minor breach of contract, in particular in the event of only minor defects, the customer shall not be entitled to withdraw from the contract.
3. Entrepreneurs must notify us in writing of obvious defects within a period of five working days from receipt of the goods; otherwise the assertion of the warranty claim shall be excluded. Timely dispatch shall be sufficient to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
4. If the entrepreneur chooses to withdraw from the contract due to a legal or material defect after subsequent fulfilment has failed, he shall not be entitled to any additional claim for damages due to the defect.
If the entrepreneur chooses to claim damages after subsequent fulfilment has failed, the goods shall remain with the customer if this is reasonable for him. The compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if we should have caused the breach of contract fraudulently.
5. For entrepreneurs, the warranty period is one year from delivery of the goods. For consumers, the limitation period is two years from delivery of the goods. This does not apply to entrepreneurs if they have not notified us of the defect in good time (clause 3 of this provision). If a shorter shelf life for use is printed on the packaging for the goods, no warranty is given for the goods being free of defects after the expiry of the shelf life date. This restriction does not apply to that part of the goods which has already been used for its intended purpose.
6 If the buyer is an entrepreneur, only the manufacturer's product description shall be deemed agreed as the quality of the goods. Public statements, recommendations or advertising by the manufacturer do not constitute a contractual description of the quality of the goods.
7. The customer does not receive any guarantees in the legal sense from us. Manufacturer's guarantees remain unaffected by this.
§ 9 Limitations of liability
1. In the case of slightly negligent breaches of duty, our liability shall be limited to the foreseeable, direct average damage typical for the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents. We shall not be liable to entrepreneurs in the event of a slightly negligent breach of immaterial contractual obligations. In any case, our liability towards entrepreneurs is limited to three times the purchase price. Claims for damages for consequential damages are excluded insofar as we cannot be charged with either intent or gross negligence. Under the same conditions, claims for damages due to a defect shall become statute-barred one year after delivery of the goods, unless we can be accused of fraudulent intent.
2. The above limitations of liability do not affect claims of the customer arising from product liability. Furthermore, the limitations of liability do not apply in the event of bodily injury or damage to health attributable to us or in the event of loss of life of the customer.
3. Our nautical charts are produced with the greatest possible care and are up-to-date. Nevertheless, all information on dimensions, drawings and photos are only to be understood as instructions. All other available documents and sources of information must be consulted. In the event of ambiguity, the probably most unfavorable situation is to be assumed according to seamanship.
§ 10 License Agreement< /span>
1. With the purchase of the software products distributed by us, you accept the following license conditions.
2. The software supplied by the licensor is protected by copyright. We are exclusively entitled to all rights to the software and the map material contained in the relationship between the contractual partners.
3. Except for backup copies, the customer is not permitted to reproduce the software. It is not permitted to make the software or map material publicly accessible to third parties without our prior consent. The license authorizes the installation and use of the software on one of the customer's computers. If the software is to be used on another computer at a later point in time, the program must be uninstalled on the original computer at the same time or rendered unusable in some other way.
4. The nautical charts displayed in the software correspond to the status displayed on the CD or when downloading. No guarantee is given for the correctness of the data displayed. The navigation with the data of the software is only permitted in the area of sports shipping with simultaneous navigation on the corresponding paper charts.
§ 11 Final Provisions
1. The law of the Federal Republic of Germany applies, excluding the UN Sales Convention.
2. If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, Eckernförde is the exclusive place of jurisdiction for all disputes arising from this contract. The same applies if the customer does not have a general place of jurisdiction in Germany or if his domicile or habitual abode is not known at the time the action is filed.
3. Contract language is German.
Note: this is a translated version of the valid German Terms and Conditions (in German AGB). We apologize for possible translation errors, the German General Terms and Conditions apply.
Status: March 2015