AGB

General Terms and Conditions (GTC)

The following General Terms and Conditions (GTC) govern the sale of products by Hanse Sail Verein zur Förderung Traditioneller Schifffahrt in der Ostsee eV, represented by:

Gisbert Ruhnke, Warnowufer 65, 18057 Rostock, AG Rostock, Vereinsregister Nr. 1213, Telephone: 49 (0)381 381 29 72, E-Mail: HanseSailVerein@hansesail.com, hereinafter referred to as "Provider", via the online shop at www.hansesailverein.de.

§ 1 Scope of application

(1) These terms and conditions apply to all contracts concluded between the provider and private customers (within the meaning of Section 13 of the German Civil Code) via the online shop at www.hansesailverein.de. Orders from businesses, tradespeople, freelancers, or commercial resellers are excluded.

(2) Any differing terms and conditions of the customer shall not apply unless the provider expressly agrees to their validity in writing.

(3) The range of products offered includes: clothing, accessories, stationery, books and household goods.

§ 2 Conclusion of Contract

(1) The contract is concluded with the provider: Hanse Sail Verein zur Förderung Traditioneller Schifffahrt in der Ostsee eV, Warnowufer 65, 18057 Rostock.

(2) The language of the contract and negotiations is German.

(3) The offers in the online shop are exclusively aimed at customers with a delivery address in Germany and are intended only for private customers.

(4) The customer must be at least 18 years old.

(5) The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. The customer submits a binding offer by completing the order process and clicking the "Place order" button at the end. Receipt of the order is confirmed by an automated email, which, however, does not yet constitute acceptance of the offer. The purchase agreement is only concluded upon express confirmation of acceptance by email or upon shipment of the goods.

(6) Orders exceeding typical household quantities require the express consent of the supplier. This applies both to the number of products ordered within a single order and to placing multiple orders for the same product.

(7) The order details will be stored after conclusion of the contract and can be viewed in the customer login.

§ 3 Prices and shipping costs

(1) All prices include the applicable statutory value added tax.

(2) The prices quoted are exclusive of shipping costs, unless expressly stated otherwise.

(3) It may happen that products in the online shop are inadvertently priced incorrectly. In such a case, the supplier will contact the customer before dispatching the goods to inform them that the actual price is higher and ask whether they wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the stated price, the supplier will charge the lower amount and send the product.

(4) The prices quoted at the time of ordering shall apply. If list prices exist, the list prices at the time of ordering shall apply.

§ 4 Customs

(1) For orders delivered outside the European Union, import duties and taxes may apply, which are collected once the package reaches its destination. These additional charges must be borne by the customer; the supplier has no influence over these charges. As customs regulations vary from country to country, the customer should contact their local customs authority for further information.

(2) For orders from outside the European Union, the customer is considered the importer and must comply with all laws and regulations of the country in which they receive the products. The supplier points out that cross-border shipments may be subject to opening and inspection by customs authorities.

§ 5 Payment Terms

(1) The purchase price is due upon conclusion of the contract. The customer can pay the purchase price using the payment methods specified in the online shop.

(2) PayPal: After completing the order, the customer will be redirected to PayPal, where they can make the payment. Shipping will take place after confirmation of receipt of payment.

(3) Upon dispatch of the goods, the invoice will be sent by e-mail or, if no e-mail address is provided, by post to the specified billing address.

(4) If the customer defaults on payment or a chargeback occurs, the provider is entitled to claim damages for default (e.g. reminder fees, default interest, chargeback fees).

(5) Payment by sending cash or checks is not possible.

§ 6 Retention of Title

(1) The delivered goods remain the property of the supplier until the purchase price has been paid in full.

(2) The customer is obliged to treat the goods with care during the retention of title period. In particular, he must carry out all necessary maintenance and inspection work at his own expense and in a timely manner.

(3) The customer must notify the supplier immediately in writing if the goods are seized or otherwise subject to third-party intervention, so that the supplier can file a lawsuit pursuant to Section 771 of the German Code of Civil Procedure (ZPO). If the third party is unable to reimburse the supplier for the court and out-of-court costs of a lawsuit pursuant to Section 771 of the ZPO, the customer is liable for the resulting loss incurred by the supplier.

§ 7 Delivery, Cancellation and Shipping

(1) Unless otherwise stated in the offer, the delivery time is approximately 10 working days. The supplier endeavors to meet the stated delivery times. Should delivery deadlines not be met, the customer will be informed immediately and any payments already made will be refunded.

(2) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer within Germany. Information on product availability can be found on the supplier's website. All information regarding availability, shipping, or delivery times is non-binding unless expressly designated as binding.

(3) If, during the processing of the order, it is discovered that the ordered products are unavailable, the customer will be informed immediately by email or message in their customer account. The customer's statutory rights remain unaffected.

(4) Delivery will be made according to the customer's chosen payment method. In the case of advance payment, delivery will take place after receipt of payment. In the case of all other payment methods, delivery will take place after conclusion of the contract.

(5) If the order is shipped in multiple packages, the customer may receive a separate shipping confirmation for each package. In this case, a separate purchase agreement is concluded for each shipping confirmation, covering the products listed in the respective shipping confirmation.

(6) The customer may cancel their order free of charge until the goods are dispatched. After dispatch, cancellation is only possible in accordance with the regulations on the right of withdrawal.

(7) Partial deliveries are permitted insofar as they are reasonable for the customer. Additional shipping costs will only be incurred if expressly agreed upon.

(8) If delivery of the goods fails due to the customer's fault, the supplier reserves the right to withdraw from the contract. Any payments already made will be refunded to the customer immediately.

(9) If the supplier is unable to deliver the ordered goods through no fault of its own because the supplier's own supplier fails to fulfill its contractual obligations, the supplier is entitled to withdraw from the contract. In this case, the customer will be informed immediately and any payments already made will be refunded.

(10) Should the delivery of the ordered products be delayed or rendered impossible by force majeure or other unforeseeable, exceptional, and unavoidable circumstances – such as natural disasters, war, strikes, or governmental actions – the delivery periods shall be extended accordingly. The supplier will inform the customer immediately of the unavailability. In such cases, the supplier is entitled to withdraw from the contract. The customer will be informed of the withdrawal immediately, and any payments already made will be refunded.

(11) The supplier shall not be liable for delays in delivery caused by circumstances beyond its control (force majeure). In such a case, the customer will be informed immediately and a new delivery date will be agreed.

§ 8 Transport damage

(1) If you receive the goods with obvious transport damage, please report such defects immediately to the delivery person and contact us without delay.

(2) Failure to submit a complaint or contact us will not affect your statutory warranty rights. However, it will help us to assert our own claims against the carrier or transport insurance company.

§ 9 Warranty

(1) Warranty for private customers

If the customer is a consumer, the warranty is governed by statutory regulations. Consumers in the EU have, in addition to their 30-day return guarantee, a statutory warranty right of two years from delivery of the goods.

(2) Used goods

For used goods, the warranty period may be shorter than two years.

§ 10 Liability

(1) If the customer is a consumer, liability shall be governed by the statutory provisions.

(2) The provider's liability for breaches of contractual obligations and for torts is limited to intent and gross negligence. This limitation of liability does not apply to injury to life, body, or health of the customer, to claims arising from the breach of essential contractual obligations (cardinal obligations), and to compensation for damages due to delay pursuant to Section 286 of the German Civil Code (BGB). In these cases, the provider is liable for any degree of fault.

(3) In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), the provider's liability is limited to the amount of the typically foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and on whose compliance the customer may regularly rely.

(4) The aforementioned exclusion of liability also applies to slightly negligent breaches of duty by the provider's legal representatives or vicarious agents.

(5) The provider assumes no responsibility for the content and accuracy of the information in the registration and profile data of the customers as well as other content generated by the customers.

(6) Claims for damages are limited to foreseeable, typical contractual damages. In the event of delay, the maximum liability is 5% of the order value.

(7) Claims for damages based on injury to life, body or health shall become time-barred after 30 years; all other claims for damages shall become time-barred after two years. The limitation period shall begin at the end of the year in which the claim arose and the creditor obtained knowledge of the circumstances giving rise to the claim and the identity of the debtor, or should have obtained such knowledge without gross negligence (Section 199(1) of the German Civil Code).

(8) The provider is entitled to check texts created by customers and files uploaded by them for compliance with legal regulations and provisions. In case of violations, the provider reserves the right to remove this content, in whole or in part.

(9) Liability under the Product Liability Act remains unaffected.

Section 11 Data Protection

(1) The collection and processing of personal data is carried out in accordance with applicable data protection regulations. The provider undertakes to treat customer data confidentially and not to disclose it to third parties unless the customer has expressly consented or there is a legal obligation to do so.

(2) The customer has the right to obtain information about the data stored by him at any time free of charge and to request its correction, deletion or restriction of processing.

(3) Further information on data protection can be found in the provider's privacy policy.

§ 12 Set-off and right of retention

(1) The customer is only entitled to set off claims if his counterclaim has been legally established or is undisputed by the supplier.

(2) The customer may only exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 13 Special features of digital products and services

(1) Digital products are generally made available to the customer via download or email. The customer receives the corresponding access data or download links after payment has been received.

(2) The statutory warranty rights apply to digital products. In the event of a defect, the customer has the right to subsequent performance, i.e., rectification of the defect or delivery of a defect-free product.

(3) The customer must ensure that the technical requirements for receiving and using the digital products are met. The provider accepts no liability for disruptions or damages resulting from a lack of technical requirements on the customer's side.

(4) For services not provided in the form of physical products or digital content, the statutory provisions on the Service Contract Regulations (Sections 611 et seq. of the German Civil Code) shall apply.

(5) The customer undertakes to perform all necessary acts of cooperation in a timely and complete manner in connection with the use of services. If the customer fails to comply with this obligation, the provider may invoice the customer for any additional expenses incurred as a result.

§ 14 Usage rights for digital content

(1) Upon purchase of a digital product, the customer receives a simple, non-transferable, perpetual right to use the acquired content, unless otherwise agreed.

(2) The customer is not entitled to reproduce, distribute or make publicly available the digital content unless this is expressly permitted by contract.

(3) All copyrights remain with the provider or the respective rights holder.

§ 15 User account

(1) The customer is obligated to provide complete and truthful information when registering and creating the user account. The customer must keep their login credentials (username and password) secure and protect them from unauthorized access. The provider is not liable for damages resulting from the misuse of the login credentials, provided the provider is not responsible for the misuse. The customer may only create one user account. Multiple registrations are not permitted and may lead to the blocking or deletion of the user accounts.

(2) The customer is obliged to promptly update any changes to their personal data, in particular contact and payment details, in their user account. The customer is responsible for all activities carried out under their user account, unless they are not responsible for the misuse of their account.

(3) The provider reserves the right to block or delete the user account if there are indications of misuse, if the customer violates these Terms and Conditions, or if the customer provided incorrect information during registration. The customer may request the deletion of their user account at any time. The provider will delete the user account and all associated data immediately, unless statutory retention obligations prevent this. After the user account has been deleted, the customer can only create a new user account by registering again.

(4) The provider strives to ensure high availability of the user account. However, temporary restrictions or interruptions due to technical maintenance or unforeseen events (e.g., force majeure) cannot be ruled out. The provider is not liable for damages resulting from a temporary unavailability of the user account, unless the provider is responsible for the unavailability.

(5) The provider reserves the right to modify, expand, or restrict the functions and content of the user account at any time. Changes to this clause will be communicated to the customer by email at least four weeks before they take effect. If the customer does not object to the changes within four weeks of receiving the notification, the changes will be deemed accepted. The provider will specifically inform the customer of this legal consequence in the notification.

§ 16 Amendments to the General Terms and Conditions

(1) The provider reserves the right to amend these terms and conditions at any time with effect for the future.

(2) The changes will be communicated to the customer by email at least four weeks before they come into effect.

(3) If the customer does not object to the changes within four weeks of receiving the

Upon receipt of a change notification, the changes are deemed accepted. The provider will specifically inform the customer of this legal consequence in the change notification.

§ 17 Force Majeure

(1) Events of force majeure which make delivery significantly more difficult or impossible for the supplier shall entitle the supplier to postpone delivery for the duration of the impediment or to withdraw from the contract in whole or in part with respect to the unfulfilled part.

(2) Force majeure includes all events that are outside the supplier's control and whose occurrence was not foreseeable at the time of the conclusion of the contract, such as natural disasters, war, terrorist attacks, import and export bans, strikes, official orders or other serious disruptions to operations without fault on the part of the supplier.

§ 18 Transfer of Contract

(1) The provider is entitled to transfer its rights and obligations under this contractual relationship, in whole or in part, to a third party with a notice period of four weeks.

(2) In this case, the customer has the right to terminate the contract with immediate effect.

§ 19 Applicable Law and Jurisdiction

(1) All legal relations between the provider and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the business location of the provider.

§ 20 Online dispute resolution and participation in a conciliation procedure

The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://www.ec.europa.eu/consumers/odr. The provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board. However, the provider always strives to resolve any disagreements arising from a contract amicably.

§ 21 Final Provisions

(1) The language of the contract is German.

(2) The provider does not offer any products or services for purchase by minors. Products intended for children may only be purchased by adults. Persons under 18 years of age may only use the website with the involvement of a parent or guardian.

(3) Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely approximates the economic purpose pursued by the contracting parties with the invalid or unenforceable provision.

(4) Amendments or additions to these Terms and Conditions must be in writing. This also applies to any waiver of this written form requirement.

(5) The provider reserves the right to make changes to the website, rules, and terms and conditions, including these General Terms and Conditions, at any time. The terms of sale, contract terms, and General Terms and Conditions in effect at the time of your order will apply to your order, unless a change to these terms is required by law or by order of a government authority (in which case they will also apply to orders you have previously placed).

(6) There are no oral side agreements. Amendments or additions to this agreement must be in writing.

Hanse Sail Association

Hanse Sail Association for the Promotion