§1 General – Scope
The terms and conditions always apply to all current and future business; ie, in particular, even if they are not agreed again or the customer makes offers / assumptions / confirmations having regard to its terms and conditions, even if these complementary additional provisions included.
1. Differing, conflicting or additional terms and conditions of the customer are, even if known, not part of the contract, unless their validity is expressly agreed in writing. The customer’s terms and conditions are hereby expressly rejected.
2. Consumers within the meaning of the terms and conditions are natural persons who will enter into a business relationship with those without this can be attributed to a commercial, part-time or self-employment. The purposes of these terms and conditions are natural or legal persons or partnerships with legal personality, will enter into a business relationship with those who act in a commercial, part-time or self-employed professional activity. Customers within the meaning of these terms and conditions are consumers as well as entrepreneurs.
§2 Contract
1. Our offers are not binding. Errors, changes or printing errors, we reserve explicitly. An intermediate selling goods that are initially offered as a stock, is expressly reserved.
2. The customer makes a binding ordering merchandise intent to purchase the ordered goods. We are entitled, but not obliged, to accept the contract offer contained in the order within 2 weeks after receipt. Acceptance may be declared in writing or by delivering the goods to the customer either.
3. If the consumer orders the goods electronically, we will confirm receipt of the order immediately. The confirmation of receipt does not constitute binding acceptance of the order. The confirmation of receipt can not be connected with the declaration of acceptance.
4. The final contract is subject to correct and timely delivery by our suppliers. This applies only in the event that the non-delivery is not attributable to us, especially when a congruent hedging transaction with our suppliers. The customer is immediately informed about the unavailability of the service. The payment will be refunded immediately.
5. Partial deliveries or deliveries of small quantities are allowed, unless otherwise agreed.
6. Additional agreements are possible. For safety, we recommend to confirm this in writing.
§3 Retention of title
1. For contracts with consumers, we retain title to the goods until full payment of the purchase price. For contracts with companies we reserve title to the goods until full settlement of all claims arising from a current business relationship. With continued current account the retained ownership applies as security for the outstanding balance.
2. The customer is obliged to treat the goods with care. If maintenance and inspection work is required, the customer must carry these out regularly at his own expense.
3. The customer is obliged to inform us third party access immediately to the goods, as in case of seizure or other impairment of our rights by third parties, in particular the case of damage or destruction of the goods. A change in ownership of the goods, as well as the own change of residence must notify us immediately by the customer.
4. We are entitled to breach of contract by the customer, especially in case of default or in breach of an obligation under paragraph 2 and 3 of this provision, rescind the contract and to reclaim the goods.
5. The entrepreneur is entitled to resell the goods in the ordinary course of business, provided he is not against us is in arrears. He assigns to us all claims in the amount of the invoice with all ancillary agreements, which accrue to him through the resale to a third party. We accept the assignment. After the assignment the entrepreneur is authorized to collect the debt. We reserve the right to collect the debt itself if the contractor its payment obligations does not meet and fall into arrears.
6. The handling and processing of goods by the entrepreneur is always in the name and on our behalf without us therefrom liabilities / obligations arise. If processing is us not belonging, we advertise in the new object, in proportion to the value of goods delivered by us are mixed / blended / are connected to the other processed items.§4 Withdrawal at distance contract
You can revoke your contract within 14 days without giving reasons in writing (eg. Letter, fax, e-mail) or by returning the goods. The period begins with receipt of this instruction in writing, but not before fulfilling our obligations under § 312e para. 1 sentence 1 BGB in conjunction with 3 BGB Info V. To safeguard the withdrawal period is sufficient to send the revocation or thing. The revocation must be sent to:
Silincoa Neeloru Magu
K. Guraidhoo
South Male Atoll1
Rep. of Maldives
Chairman
Marcus Hauck
Mail info@divepoint-maldives.com
In the case of an effective cancellation the mutually received benefits are to be returned, but not before receipt of the goods by the recipient and also does not fulfill our obligations under § 312c para. 2 BGB in connection with § 1 para. 1, 2 and 4 BGB-InfoV, and our obligations according to § 312e para. 1 sentence 1 BGB in conjunction with § 3 BGB-InfoV Can you give us the performance received whole or in part, or return them in a deteriorated condition, you must pay us compensation for the value. With the surrender of things this does not apply if the deterioration is exclusively due to their inspection – is due – as would have been about you at our store. Incidentally, you can avoid the obligation to pay compensation for a determination by the accordance putting the resulting deterioration thing by not using the goods as an owner and refrain from doing anything which reduces their value.
Transportable items are to be returned at our risk. You have to bear the cost of returning the goods if the delivered goods ordered corresponds and if the price of the returned goods does not exceed an amount of 40 euros or if you are not the consideration or a contractually agreed at a higher price the thing at the time of cancellation have provided partial payment. Otherwise, the return is free for you.
Not parcel things are picked them. Obligations to refund payments must be fulfilled within 30 days. The period begins with the dispatch of your revocation or thing for us with their receipt.
The right does not apply if you are not a consumer. A consumer is any natural person who enters into a transaction for a purpose that he neither commercial nor its independent vocational activity may be attributed.
§5 Compensation
1. The we offer price is subject to change, unless otherwise agreed. This particularly applies to subsequent deliveries.
2. It is part of the customer not entitled to the classification in a specific customer, price or discount group. There is no right to grant special conditions. They may be revoked at any time or changed without notice for any reason, unless they have been agreed in writing by both parties.
3. Always follow the day of the delivery rates are for entrepreneurs. These are exclusively in euros and are only valid for entrepreneurs from stock Rosenheim. The containing or still to be added sales tax is given in the relevant price list.
4. For consumers who confirmed we purchase price applies.
5. The customer when ordering by means of telecommunication, no additional costs.
6. We put the solvency of the customer ahead in the contract. If, between the time of the contract and the delivery against this concern, we are entitled to demand collateral before delivery up to the amount of the contract price or withdraw at their failure to perform the order. Further claims are reserved by us.
7. The acceptance of checks / bills of exchange is expressly reserved, but always occurs instead of payment only, not to fulfill.
8. For not approved by us, or not necessarily permitted by law our return policy, as well as those which are not due to the fault of us or not defective goods, flat-rate administrative costs amounting to 20% of the invoiced net value as agreed. The customer has to demonstrate lower costs.
9. The invoice amount is due in general at providing the product or service for the receipt by or the shipment to the customer for payment. A maximum of 30 days after the invoice date, the customer falls into arrears. Differing regulations are only valid if agreed in writing to be effective.
10. The consumer has to pay interest amounting to 5% above the base rate during the delay. The operator has to pay interest amounting to 8% above the base rate during the delay. Towards entrepreneurs we reserve the right to prove a higher damage caused by delay and assert.
11. The customer has the right to offset only if his counterclaims have been legally established or recognized by us. The customer can only exercise if his counterclaim is based on the same contractual relationship.
12. In commercial transactions, the customer can exercise a right leistungsverweigerndes or retention only on a claim that deserves indisputable or because of final determination.
13. To simplify our administrative costs, we provide our invoicing an instant collection (see 5.5). Unless this is done by direct debit or credit card, the customer bears the cost of by authorized service providers (eg. As banks or credit card companies) not made payments. For this purpose, at least falls, an amount of 15, – to € per payment has not been performed.
§6 Transfer of Risk
1. If the buyer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods with the delivery, the dispatch of purchase with the delivery of goods to the shipper, the carrier or otherwise to execute the dispatch person or institution to the buyer, especially when we took over the handling of the shipment, as well as its costs. Unless special agreement exists, the shipment takes place in the way we have chosen at its discretion. A desired by the customer shipping insurance has this complete itself. If delivery is delayed due to circumstances for which the contractor is responsible, the risk passes at the time of readiness for shipment to the contractor.
2. If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold goes, including forwarding sale only with the delivery of the thing through to the consumer.
3. The handover is the same, if the consumer is in default of acceptance.
4. Quoted by us for delivery are noncommittal. This does not apply only if they are explicitly guaranteed or confirmed in writing. When exceeding a expressly granted by us delivery time of more than four weeks, a grace period of a further two weeks is considered adequate. Only after this cure period, the customer will be released from a purchase obligation. Any further rights are not for the customer.
5. Force majeure, labor disputes, strikes, lockouts, unforeseeable operational interruptions and other, arising after the conclusion of events that we are not responsible or may affect how well about late receipt of materials, be extended appropriately said of us, and assured delivery times, or give us the right to cancel the contract. The customer adult derive any further rights.
§7 Warranty
1. If the buyer is an entrepreneur, we provide for defects in the goods at our option by repair or replacement.
2. If the buyer is a consumer, is agreed on the following procedure taking our economic interests to correct a defect in the goods: For products worth less than 50,00 €, the customer can initially only demand replacement. If the value of goods € 50.00 first is us within a reasonable time an attempt to remedy to. Reasonable provision a rectification period of at least 20 working days. If the repair is not economically reasonable, the remedy is accomplished by replacement.
3. If the remedy fails, the customer (reduction) or cancellation of the contract may require (rescission) at his discretion reduce the remuneration. In such a situation the contract, especially with only minor defects, the customer has no cancellation is at.
4. Entrepreneurs must report obvious defects within a period of two weeks from receipt of the goods; otherwise the assertion of warranty claims is excluded. To comply timely dispatch. The entrepreneur bears the full burden of proof for all claims, in particular for the defect itself, for the time of discovery of the defect and the timeliness of the complaint. If the purchase is for the customer is a commercial transaction, it must examine our delivery immediately after receipt, as far as this is feasible in the normal course of business, and without delay, but recognizable defects within a period of one week after receipt in writing.
5. Consumers must contact us within a period of two weeks from the date on which the contractual condition of the goods has been found in writing of obvious defects. Decisive for the preservation of the period is the receipt of notification by us. If the consumer this information, go the guarantee rights two months after his discovery of the defect. This does not apply in cases of malice of the seller. The burden of proof for the time of discovery of the defect meets the consumer. the consumer was moved by inaccurate manufacturer statements to purchase the item, meets him for his decision to purchase the burden of proof. For used goods, the consumer bears the burden of defectiveness.
6. If the customer chooses because of a legal or material defect after a failed non-performance damages, the goods remain with the customer if this is reasonable. The compensation is limited to the difference between the purchase price and the value of the defective item. This does not apply if we have caused the breach of contract.
7. With regard to companies, the warranty period one year for consumers two years each beginning from delivery of goods. For consumers, the limitation period is two years from date of delivery. For used goods, the limitation period is one year from date of delivery. This does not apply if the customer has the defect does not appear to us in good time (see Fig. 7.4). The warranty periods are not extended by periods in which measures ensuring performed.
8. If the buyer is considered to be properties of the goods in principle only the manufacturer’s product description as agreed. Public statements, claims or advertising by the manufacturer do not represent contractual quality of the goods.
9. If the customer receives defective assembly instructions / instructions for use, we are only obliged to furnish a faultless assembly instructions / instructions and this only if the defect in the assembly instructions / instructions on correct assembly / precludes proper use.
10. Warranty claims do not exist if they so are in a causal connection that the supplied manual / installation instructions are made, one not intended by the manufacturer overuse of the goods carried, improper modification / conversion of the delivered goods has been made or the goods are not in accordance with the treated with the manufacturer or has been used.
11. Guarantees in the legal sense are not the customer by us. Manufacturer warranties remain unaffected.
§8 Limitation of liability
1. In case of negligent breach of duty, our liability is limited to the to the type of goods provided, typical, direct average damage. This also applies to slightly negligent breaches of duty by our legal representatives or agents. With regard to companies, we are not liable for slightly negligent violations of minor contractual obligations.
2. The above limitations do not affect the customer’s claims from product liability. Furthermore, the liability limitations do not apply to bodily and health or loss of life of the customer.
3. Damage claims by the customer due to a defect expire one year from date of delivery. This is not who we malice accused.
§9 Arranging travel
Kick Point Dive Maldives as a travel agent and not as an organizer, the general terms and conditions or the general travel conditions of the tour operator apply.
§10 Final provisions
1. The law of the Federal Republic of Germany. The provisions of the CISG shall not apply.
2. If the customer is a merchant, legal entity under public law or public special assets, exclusive jurisdiction is our registered office, Silincoa Neeloru Magu, K. Guraidhoo, South Male Atoll1 Rep. Of Maldives for all disputes arising from this contract. The same applies if the customer has no general jurisdiction in Germany or domicile or habitual residence at the time of action is not known.
3. Should individual provisions of the contract with the customer including these general terms and supplementary conditions should be totally or partly invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall then be replaced by an effective regulation the economic success of the invalid as closely as possible.
