unicBOATHOME - Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SALE, DELIVERY AND PAYMENT FOR WORKSHOP AND BOAT SERVICE

1. General

These general terms and conditions of business, delivery and payment apply to all deliveries, services, offers and contracts (except education and training) from Unicyachting UG. Deviations must be made in writing. We expressly contradict the customer's business and purchasing conditions. We are only obliged by them if we expressly agree to them.


2. Offers and orders

Our offers are always non-binding. All dimensions, weights and properties of articles are made according to the specifications of the sub-suppliers, are always subject to change and without any guarantee or liability for usability and correctness. The manufacturer reserves the right to make changes to the design, shape and design, as well as errors and misprints. This applies in particular to changes that serve technical progress or the preservation of the ability to deliver.

Dimensions specified by the customer's drawings and sketches can be used as a basis for the execution without further checking, whereby non-technical information is corrected by us without our having to point it out. Orders, additions, changes or ancillary agreements are only binding for us if they have been confirmed by us in writing. The acceptance, execution and delivery of all orders takes place exclusively on the basis of these terms and conditions.


3. Deliveries, prices and terms of payment

The prices quoted by us include travel and labor for a service; in the case of deliveries, only the cost of materials and always apply from the Unicyachting UG headquarters. They each include the statutory value added tax. Any costs for transport, packaging or insurance will be charged according to a special agreement. If no arrangement has been made for transport insurance, we are only obliged to do so if the customer requests us in writing and bears the costs for it.

The acceptance and full payment of the ordered delivery and / or service is a main obligation of the customer. In the case of an order amount of more than 500.00 EUR, the payment of the material input value, however at least one, is to be paid upon receipt of the order confirmation. 50% down payment, in the case of new customers, international business, subscriptions, custom-made products or custom-made work, the entire amount is due for payment in advance. All other invoice amounts are payable immediately after the invoice has been issued in one sum and without any deductions. A payment is only considered to have been made when we can dispose of the amount owed without loss.

A right of the customer to refuse performance is excluded in legal dealings with companies. The customer has no right of retention. This does not apply to business dealings with consumers if the counterclaim arose from the same contract. Offsetting by the buyer is permitted in cases where a counterclaim is expressly declared to be undisputed or has been legally established. Complaints and discrepancies do not release you from the obligation to pay. In the event of default in payment by a company or consumer, we are entitled to charge interest of 8% (for companies) or 5% (for consumers) above the current base rate of the European Central Bank, provided proof a higher rate of the debit interest to be paid by us to our bank to calculate this interest rate.


4. Retention of title

All delivered goods remain our property until all of our claims have been met. If the customer acts in breach of contract, we are entitled to take back the purchased item. Taking back or seizing the reserved goods does not constitute a withdrawal from the contract. The customer is not entitled to sell the reserved goods. In the event of seizure or other interventions by third parties, the customer must notify us immediately in writing.

Any processing or transformation of the delivered item by the customer is always carried out for us. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item to the other processed items at the time of processing.

If the purchased item is mixed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item to the other mixed item at the time of mixing. If the customer's thing is to be regarded as the main thing, the customer must transfer proportional co-ownership to us.

In business dealings with companies, we also reserve ownership of the delivery item until all payments from the business relationship with the buyer have been received. In this case, the retention of title also extends to the recognized balance as long as we post claims against the company in a current account (current account reservation).

The company is entitled to resell the delivery item in the ordinary course of business as long as it is not in default of fulfilling its obligations towards us; However, he already now assigns to us all claims in the amount of our final invoice amount, including VAT, which arise from the resale to his customers or to third parties, regardless of whether the delivery item has been resold without or after processing.


5. Delivery time, transfer of risk

The delivery period begins on the day of our order confirmation, but not before an agreed down payment or prepayment has been received. The agreed delivery period is extended, without prejudice to our rights in the event of default by the customer, by the period of time for which the customer with his obligations from this or another Completion is in arrears. This applies accordingly if a delivery date has been agreed.

In the event of a delay on our part, the buyer is obliged to set us a reasonable grace period in writing. After this grace period has expired, he can withdraw from the conclusion of the contract if the goods and / or services have not been reported to him as ready for dispatch or as having been carried out by this point in time. Claims for damages from non-compliance with delivery deadlines or delivery dates are excluded. This exclusion does not apply if we are responsible for the delay through gross negligence.

Events of force majeure entitle us to postpone the delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract due to the part that has not yet been fulfilled. Strikes, lockouts and other circumstances that make delivery significantly more difficult or otherwise impossible for us are equivalent to force majeure, regardless of whether they occur with us or with a sub-supplier.

The buyer can demand a declaration from us as to whether we want to withdraw or deliver within a reasonable period. If we do not provide a declaration, the customer can withdraw. Deliveries are always made at the expense and risk of the customer.


6. Acceptance and testing

Any defects found must be reported to us immediately in writing by the customer. Natural wear and tear as well as the consequences of improper handling or overstressing of the delivery item or changes to it by third parties that we have not approved are excluded from the guarantee. It should be noted that the surface finish of coatings outdoors can be impaired by the weather and / or other influences for which the contractor is not responsible. These changes to the coating result are also excluded from the guarantee.

Customer damage claims are ruled out; this does not apply to cases of intent or gross negligence. Warranty claims against companies expire at the latest after a limitation period of 6 months. Warranty claims against consumers expire at the latest after a limitation period of 12 months. This does not apply to repairs with used parts and repairs for which not all necessary parts are available as new parts and repairs that are expressly carried out under the heading of “inexpensive repairs or emergency repairs”.


7. Liability

We give the manufacturer's guarantee on all parts and articles, starting from the date of delivery. Any further liability, in particular in connection with any consequential damage and claims for damages of any kind that exceed the value of the parts and / or services supplied, are excluded. This does not apply if there is mandatory liability in the event of willful intent or gross negligence or due to statutory provisions.


8. Data protection

We would like to point out that all customer data will be treated confidentially in accordance with the applicable data protection regulations.


9. Final provision

German law applies to all contracts concluded with us, excluding the UN sales law. Should these provisions be partially invalid or incomplete, this shall not affect the validity of the remaining provisions.

1. DATA PROTECTION AT A GLANCE

GENERAL INFORMATION
The following information provides a simple overview of what happens to your personal data when you visit our website. Personal data are all data with which you can be personally identified. Detailed information on the subject of data protection can be found in our data protection declaration listed below this text.

DATA COLLECTION ON OUR WEBSITE

Who is responsible for data collection on this website?
The data processing on this website is carried out by the website operator. You can find their contact details in the imprint of this website.

How do we collect your data?
On the one hand, your data is collected when you provide it to us. This can be, for. E.g. data that you enter in a contact form.

Other data are automatically recorded by our IT systems when you visit the website. This is mainly technical data (e.g. internet browser, operating system or time of the page was viewed). This data is collected automatically as soon as you enter our website.

What do we use your data for?
Some of the data is collected in order to ensure that the website is error-free. Other data can be used to analyze your user behavior.

What rights do you have with regard to your data?
You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction, blocking or deletion of this data. You can contact us at any time at the address given in the legal notice if you have any further questions on the subject of data protection. You also have the right to lodge a complaint with the competent supervisory authority.

You also have the right to request that the processing of your personal data be restricted under certain circumstances. Details can be found in the data protection declaration under “Right to restriction of processing”.

2. GENERAL NOTES AND MANDATORY INFORMATION

DATA PROTECTION

The operators of this website take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

When you use this website, various personal data are collected. Personal data are data with which you can be personally identified. This data protection declaration explains which data we collect and what we use it for. It also explains how and for what purpose this is done.

We would like to point out that data transmission over the Internet (e.g. when communicating by e-mail) can have security gaps. A complete protection of the data against access by third parties is not possible.

Note on the responsible body
The responsible body for data processing on this website is:

Unicyachting UG & Co KG
Englerstrasse 4
77652 Offenburg
Phone: +49 781 125592-61
Email: info@unicyachting.de

The responsible body is the natural or legal person who, alone or jointly with others, decides on the purposes and means of processing personal data (e.g. names, email addresses, etc.).

Revocation of your consent to data processing
Many data processing operations are only possible with your express consent. You can revoke your consent at any time. An informal e-mail to us is sufficient. The legality of the data processing carried out before the revocation remains unaffected by the revocation.

Right to object to the collection of data in special cases and to direct advertising (Art. 21 GDPR)
If the data processing takes place on the basis of Art. 6 Paragraph 1 lit. e or f GDPR, you have the right to object to the processing of your personal data at any time for reasons that arise from your particular situation; this also applies to profiling based on these provisions. The respective legal basis on which processing is based can be found in this data protection declaration. If you object, we will no longer process your personal data concerned, unless we can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms or the processing serves to assert, exercise or defend legal claims ( Objection according to Art. 21 Para. 1 GDPR).

If your personal data are processed in order to operate direct mail, you have the right to object at any time to the processing of personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is associated with such direct advertising. If you object, your personal data will then no longer be used for direct marketing purposes (objection according to Art. 21 Paragraph 2 GDPR).

Right to lodge a complaint with the competent supervisory authority
In the event of violations of the GDPR, the data subjects have the right to lodge a complaint with a supervisory authority, in particular in the member state of their habitual residence, their place of work or the place of the alleged violation. The right of appeal exists without prejudice to other administrative or judicial remedies.

SSL or TLS encryption
For security reasons and to protect the transmission of confidential content, such as orders or inquiries that you send to us as the website operator, this site uses an SSL or. TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http: //” to “https: //” and by the lock symbol in your browser line. If the SSL or TLS encryption is activated, you can the data that you transmit to us are not read by third parties.

Information, blocking, deletion and correction
Within the framework of the applicable legal provisions, you have the right to free information about your stored personal data, their origin and recipient and the purpose of the data processing and, if necessary, a right to correct, block or delete this data. You can contact us at any time at the address given in the legal notice if you have any further questions on the subject of personal data.

Right to restriction of processing
You have the right to request that the processing of your personal data be restricted. You can contact us at any time at the address given in the legal notice. The right to restriction of processing exists in the following cases:

• If you dispute the accuracy of your personal data stored by us, we usually need time to check this. For the duration of the test, you have the right to request that the processing of your personal data be restricted.

• If the processing of your personal data happened / happens unlawfully, you can request the restriction of the data processing instead of the deletion.

• If we no longer need your personal data, but you need them to exercise, defend or assert legal claims, you have the right to request that the processing of your personal data be restricted instead of being deleted.

• If you have lodged an objection in accordance with Art. 21 Paragraph 1 GDPR, your interests and ours must be weighed up. As long as it is not yet clear whose interests prevail, you have the right to request that the processing of your personal data be restricted.

If you have restricted the processing of your personal data, this data - apart from its storage - may only be used with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest processed by the European Union or a member state.

3. DATA COLLECTION ON OUR WEBSITE

SERVER LOG FILES
The provider of the pages automatically collects and stores information in so-called server log files, which your browser automatically transmits to us.

These are:
• Browser type and browser version
• Operating system used
• Referrer URL
• Host name of the accessing computer
• Time of the server request
• IP address

This data will not be merged with other data sources.

This data is recorded on the basis of Article 6 (1) (f) GDPR. The website operator has a legitimate interest in the technically error-free presentation and optimization of his website - the server log files must be recorded for this.

INQUIRIES BY EMAIL OR TELEPHONE

If you contact us by e-mail, telephone or fax, your request, including all personal data derived from it (name, request), will be stored and processed by us for the purpose of processing your request. We do not pass on this data without your consent.

This data is processed on the basis of Article 6 (1) (b) GDPR, provided that your request is related to the performance of a contract or is necessary to carry out pre-contractual measures. In all other cases, the processing is based on your consent (Art. 6 Para. 1 lit. a GDPR) and / or on our legitimate interests (Art. 6 Para. 1 lit.f GDPR), as we have a legitimate interest in the effective Processing the inquiries sent to us.

The data you send to us via contact requests will remain with us until you request us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions - in particular statutory retention periods - remain unaffected.