Conditions of Use

All previous price lists shall become invalid upon publication of this price list
Valid with effect from 01.01.2010

Terms of Delivery and Payment
Within Germany:
Shipping cost rate EUR 7.14

Outside Germany:
We require prepayment. The freight cost depends on the weight and country. We will send you an order confirmation as soon as we have received your order. Your order will be shipped after we have received full payment.

1. General:
Our Conditions of Sale and Delivery apply by way of acceptance of an offer, placing an order or are deemed accepted by way of accepting the delivery. They are, at all times, subject to change without notice up until confirmation of order. The Buyer’s terms and conditions of business to the contrary, which we have not expressly acknowledged in writing, are not deemed valid for us. Verbal or telephone agreements shall only be deemed valid if they have been confirmed by us in writing.

2. Prices:
The stated prices are fixed prices until further notice. The raw material and production costs valid at present are taken as a basis. Insofar as a delivery spans a period in excess of three months or the offer and delivery are separated by a period in excess of one month and cost changes occur, we reserve the right to adjust the costs accordingly. All sales prices are to be construed as inclusive of the statutory valid value added tax, per item and in euros. All previous price lists are inapplicable.

3. Delivery:
We shall adhere to delivery periods where possible. Operational disruptions, force majeure, defects in raw materials and other emergencies that give rise to shortfalls or a reduction in our production release us from adhering to the periods without the Buyer deriving a right to compensation or a right to withdraw from the contract.

4. Passing of risk:
The risk shall pass to the Buyer as soon as the goods have left our works. This also applies if we carry the freight costs. We shall not take out transport insurance.

5. Complaints:
Complaints shall only be taken into consideration if notice is given within 10 days following receipt of the goods. In the case of justified complaints that are acknowledged by us, we shall, at our discretion, provide replacement or issue an appropriate credit note. We shall not acknowledge further-reaching claims – in particular for consequential damage.

6. Payments:
Unless otherwise agreed, payment is to be effected without delay and without deduction. As a general rule, bills of exchange and commercial papers shall only be accepted following a prior agreement. Cheque payments shall only be deemed effected once the cheques have been cashed. If the acceptance of an order jeopardises our payment claim, we shall be entitled to demand provision of a security or withdraw from the contract. We consider information that is subsequently obtained to constitute a risk. In the case of default in payment, we shall be entitled to charge interest on arrears in the sum of 1.5% per month.

7. Reservation of title:
The delivered goods shall remain our property until payment in full of all claims. If the goods are resold following payment, the claim resulting from the sale shall take the place of the goods. The Buyer undertakes to inform us without delay of intervention by third parties regarding the goods subject to reservation of title.

8. Place of performance / place of jurisdiction:
Norderstedt is deemed the place of performance and jurisdiction.
German law is deemed applicable.

9. Guarantee and warranty
In the event that products clearly have material or manufacturing defects, including transport damage, you can make a complaint about such defects without delay to us or the parcel service that delivered the respective product. If a product is delivered by a forwarding agent, and the packaging and/or product is damaged, please make a complaint about this without delay with the forwarding agent’s driver. Please have this confirmed in writing.

The statutory claims for subsequent performance, either by way of repair (subsequent improvement) or by replacement (subsequent delivery) apply to all defects in the bought object during the statutory warranty period of 24 months. If such subsequent improvement or delivery is only possible by way of disproportionately high costs, we shall be entitled to decide in favour of subsequent performance. If the cost is extremely high compared with your performance interest, we may refuse to provide subsequent performance. This applies, even if we are unable to provide subsequent performance.

The warranty or guarantee does not apply to damage that is attributable to natural wear-and-tear, inappropriate use and faulty or incorrect maintenance. Further-reaching liability is excluded, in particular in conjunction with consequential damage that may apply, and any kind of claims for damages that extend above and beyond the value of the delivered part. Complaints and discrepancies do not release a Buyer from an obligation to pay.

10. Return privilege and information
You may return the received goods, without stating reasons, within 2 weeks by sending back the goods. The period shall commence at the earliest upon receipt of the goods and this information. You may only give notice of the return by way of a request, for the goods to be taken back, in text form, e.g. by letter, facsimile or e-mail in the case of goods that are not suitable for forwarding by parcel post shipment (e.g. bulky goods). Sending the goods back, or stating a request for the goods to be taken back, in good time shall be deemed sufficient to adhere to the period. In any case, goods shall be returned at our cost and risk if the value of the goods exceeds €40.00. If this is not the case, you shall be required to assume the cost of returning the goods. Please DO NOT return the goods carriage forward, or with special shipping forms, to avoid unnecessary costs. Please include proof of the return shipping costs. Following receipt, and an appropriate processing period, we shall credit you with the purchase price (less compensation that may apply) and, where applicable, the return shipping costs in the sum of the parcel costs of Deutsche Post AG. We shall not reimburse the cost of special shipping forms that we have not requested (e.g. carriage forward).

The goods are to be returned, or a request made for the goods to be taken back, to:
Yachticon A. Nagel GmbH
Hans-Böckler-Ring 33
D-22851 Norderstedt
Tel: ++49 (0)40 511 37 80
Fax: ++49 (0)40 51 74 37
e-mail: yachticon@yachticon.de

This right of return does not apply to entrepreneurs within the meaning of Section 14 of BGB (latest version) or to contracts brought about without the use of long-distance communication methods.

11. Consequences of returning goods
In the event of effectively exercising the right to return, the performance received by each party is to be returned and, where applicable, an acquired benefit (e.g. advantages through use) is to be surrendered. Compensation may be demanded in the case of deterioration of the goods. This shall not apply if the deterioration of the goods is solely attributable to the inspection of such goods – which you would have been able to carry out for example in a retail store. In other respects, you can avoid the obligation to compensate by not using the goods as an owner, and refraining from all action that has a detrimental effect on the value of the goods. This includes not damaging the seal of the goods (e.g. bottles, tins and others). The purchase contract shall become inapplicable if you make use of your right to return.