Terms of service
Table of Contents
- Scope
- Conclusion of the Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Terms
- Retention of Title
- Liability for Defects (Warranty)
- Liability
- Applicable Law
- Jurisdiction
- Alternative Dispute Resolution
- Cancellation by Business Customers
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of EMS Yachting GmbH (hereinafter referred to as "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer, as defined by these GTC, is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.3 An entrepreneur, as defined by these GTC, is a natural or legal person or a legal partnership that acts in the exercise of its trade, business, or profession when concluding a legal transaction.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers by the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that concludes the ordering process. The Customer may also submit the offer to the Seller by email or by phone.
2.3 The Seller can accept the Customer’s offer within five days by:
- sending a written order confirmation or an order confirmation in text form (fax or email) to the Customer, whereby receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after placing the order.
If multiple of the above alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The acceptance period for the offer begins on the day after the Customer sends the offer and ends at the close of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within the specified period, this is considered a rejection of the offer, and the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment will be processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with PayPal’s terms of use. If the Customer chooses a PayPal payment method during the online order process, the Seller already declares acceptance of the Customer's offer at the moment the Customer clicks the button concluding the order process.
2.5 When submitting an offer via the Seller's online order form, the contract text will be stored by the Seller after the conclusion of the contract and sent to the Customer in text form. If the Customer has created a user account, the order data will be archived and accessible in the user account.
2.6 Input errors can be corrected using standard keyboard and mouse functions before final order submission. The browser’s zoom function can assist in identifying errors.
2.7 The available languages for the conclusion of the contract are displayed in the online shop.
2.8 Order processing and contact usually take place via email. The Customer must ensure the accuracy of the provided email address and ensure SPAM filters allow messages from the Seller.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Detailed information about the right of withdrawal can be found in the Seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of the contract conclusion, are not part of a member state of the European Union and whose sole residence and delivery address are located outside the European Union at the time of the contract conclusion.
3.4 The right of withdrawal does not apply to goods that are manufactured according to customer specifications or clearly tailored to personal needs. If such orders are nevertheless cancelled at the customer’s request, the rules under section 12 apply accordingly.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices that include the statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and that must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties).
4.3 The available payment method(s) will be communicated to the Customer in the Seller’s online shop.
4.4 If prepayment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and Shipping Terms
5.1 Delivery will be made to the delivery address provided by the Customer within the delivery area specified by the Seller.
5.2 For goods delivered by a freight forwarder, delivery is "free curbside" unless otherwise stated or agreed.
5.3 If delivery fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller.
6) Retention of Title
If the Seller provides advance performance, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
7.1 For entrepreneurs: the Seller may choose the type of supplementary performance; claims for defects in used goods are excluded.
7.2 For consumers: limitation period for used goods may be reduced to one year if agreed.
7.3 The above limitations do not apply in cases of injury, fraud, or product liability.
8) Liability
8.1 The Seller is liable without limitation in cases of intent, gross negligence, or injury to life, body or health.
8.2 For simple negligence, liability is limited to foreseeable damage.
8.3 The Seller is not liable otherwise.
9) Applicable Law
9.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
9.2 Consumers outside the EU are not entitled to the statutory right of withdrawal.
10) Jurisdiction
Exclusive jurisdiction lies with the Seller's registered office for commercial customers or customers outside Germany, unless otherwise agreed.
11) Alternative Dispute Resolution
11.1 The EU Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
12) Cancellation by Business Customers
12.1 If the Customer qualifies as an entrepreneur pursuant to §14 BGB and cancels a confirmed order fully or partially after the Seller has issued an order confirmation, and if no statutory right of withdrawal exists, the Seller is entitled to charge a lump-sum compensation amounting to 30% of the net order value.
12.2 The Customer retains the right to prove that the Seller has incurred no damage or significantly less damage (§309 No. 5 b BGB).
12.3 The Seller reserves the right to claim higher actual damages, provided these are verifiably incurred. Any lump-sum compensation will be offset against such claims.
12.4 These cancellation and compensation rules also apply if the contract concerns goods that are made to order or customized for the Customer and the Customer nonetheless wishes to withdraw from the contract.