General Terms and Conditions
Our terms and conditions in detail
1. Scope of application and conclusion of contract
General Terms and Conditions for private customers. The contract language is German. The presentation of products on our website, the printed catalog, brochures and/or leaflets is not a legally binding offer but only a non-binding representation of the SVB product assortment.In our online stores a binding order for the goods in the basket is placed by clicking the „buy now“ button. The automatic „order overview“ is send immediately after submitting the order. This „order overview“ does not yet present the purchase contract. When you place an order by e-mail, by fax, by phone, by mail or via our website, the contract of purchase is drawn with our separate order confirmation or e-mail with the notification that the goods were sent to you, or at the latest upon delivery of the ordered goods.
2. Right of withdrawal
2.1 Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (Company MB Penkiolika minučių iki vidurnakčio, Mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).
2.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions from the right of withdrawal
The right of withdrawal will not apply as regards the following:
- Service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader;
- The supply of goods made to the consumer’s specifications or clearly personalized;
- The supply of goods which are liable to deteriorate or expire rapidly;
- The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- The supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
- The supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
- The supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications;
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal
3. Delivery and shipping costs
3.1 Shipment within Germany
You will receive your order via standard shipment (least expensive way) if not ordered differently. The flat rate for product shipments within EU is 5 EUR. You may choose a different way of shipment (e.g. Saturday delivery, express, UPS, or others) as long as this shipment type is available to us in general. You will be charged with any additional costs. The additional costs will also be charged if you use your 14-day right of withdrawl. For any articles that cannot be mailed by standard shipment or for which special types of shipment are necessary (bulky goods, pyrotechnical articles, batteries and others) we charge an additional delivery charge. Possible damages caused during transport are insured through us.
3.2 Shipment within the EU
You will receive your order via standard shipment (least expensive way) if not ordered differently. We only charge the actual costs of transport including packaging. Here you will have the opportunity to use additional services. The additional costs incurred thereby will still be charged if you make use your 14-day right of withdrawl. Possible damages caused during transport are insured through us. The costs of return shipment are paid by you.
3.3 Worldwide shipment
Of course we offer worldwide delivery for your order. The order price excludes value added tax (VAT). We only charge the actual costs of transport including packaging. Here you will have the opportunity to use additional services. The additional costs incurred thereby will still be charged if you use your 14-day right of return. Possible damages caused during transport are insured through us. Please check for extra costs for possible customs duties as well as the import turnover tax. We have no influence on these fees and often no information on the current taxes and customs duties. The costs of return shipment are paid by the customer.
4. Warranty and guarantee
In the event that a delivered article displays evidence of material or manufacturing defects, including possible transport damage, please report such problems to us or the parcel service that dispatched your package immediately. In case you receive your package via freight forwarding and the packaging and/or the article is damaged please report such problems at the freight forwarding driver. Please have this report confirmed in writing. For any defects or problems with the item that appear before the expiration of the legal warranty (24 months), the customer may choose any of the actions to which he/she is entitled: subsequent performance in the form of repair (rework) or product replacement (subsequent delivery). In case subsequent performances are only possible at disproportionately heavy expense, we have the right to choose subsequent fulfillment. In case the customer’s request necessitates an effort out of all proportion to the customer‘s interest we have the right to refuse subsequent fulfillment. This also comes into effect, if the supplementary performance is not possible. Except from this warranty / guarantee are damages which occur as a result of natural wear, inappropriate usage and lacking or wrong care. Any additional liability especially in combination with consequential damages and claims for damages of any type that exceed the value of the part delivered, are excluded. Complaints and discrepancies do not release the customer from his/her payment obligation.
5. Orders, offers and prices
Our offers, services and deliveries are provided exclusively on the basis of these general terms and conditions. All offers are not-binding and without obligation and the prior sale of articles from stock and the delivery options are subject to exceptions. The pictures, measurements, weights and characteristics of the articles in our catalogue and brochures have been made by the best knowledge based on the information from the suppliers and manufacturers but without any guarantee and liability in relation to the accuracy, completeness or precision of the information provided. Changes in design, dimension, weight, form and execution by manufacturers remain reserved.
All of our prices mentioned are displayed in EURO and include the value added tax (VAT) prescribed by law, plus shipping charges and transport insurance.
6. Delivery provison
We will deliver for as long as stocks last. There is no claim for delivery in case it is not possible to us to acquire this article. If delivery is not possible, we will notify you immediately. Our remaining stock („Clearance/ Sales/Offers“) only holds small quantities or even individual pieces. In case we are unable to deliver we expressly reserve the right to non-provision of service. Already rendered payments will be immediately refunded. Further claims against the company SVB are excluded. We ship, while stocks last. There is no claim for delivery if it is not possible for us to obtain this product.
7. Payment, date of payment
7.1 Payments within Germany
The payment of goods for deliveries within Germany can be made via direct debit, via collect on delivery, via invoice, via bank transfer, via credit card or PayPal. SVB reserves the right to exclude certain payment methods in individual cases. It is not possible to pay by cash or cheque. Liability in the event of loss shall be ruled out. In case of purchase on account (invoice), the customer is obliged to settle the invoice within 8 days following delivery of the goods. After that we are entitled to charge you with interest according to the legal provisions. No discounts for early payments are granted. Payments via direct debit will be charged after the goods have been sent out (for new customers up to 150 EUR max.). Payments via credit card will be charged when the goods are send out. In case the direct debit is not honored we will calculate and charge the resulting fees.
7.1 Payments for customers outside Germany (EU/NON-EU)
For international deliveries the payment ensues via advanced payment/bank transfer, credit card or PayPal. SVB reserves the right to exclude certain payment methods in individual cases. It is not possible to pay by cash or cheque. Liability in the event of loss shall be ruled out. No discounts for early payments are granted. Payments via credit card will be charged when the goods get sent out.
8. Set-off and retention
Set-off against counter demands is only permitted in as much as these have been recognized by us as existent and due, or have been established as legally effective.
9. Reservation of title
Delivered items remain our property until payment in full has been made according to the business relationship between us and the purchaser.
9.1 Account current / Balance clause (business relationship clause)
The goods supplied to the buyer remain the property of the seller until their complete payment as well as until all other liabilities of the buyer have been settled as a result of this business connection. This also applies to cases where individual claims or all claims are included in a current account, the balance of which has been calculated and acknowledged.
9.2 Extended reservation of ownership in the case of resale with anticipatory assignment clause
The buyer is only entitled to resell the goods sold under reserve according to the rules, if he assigns all present and future claims accruing from the resale to the seller (SVB GmbH) when the underlying contract is concluded. If reserved goods are resold in unprocessed or processed state or in conjunction with items that are the exclusive property of the buyer, the buyer herewith and now assigns to the seller any and all receivables to their full extent arising from the resale. If goods subject to reservation of title are sold unprocessed or in combination with goods which are not the contractual partner‘s property, the contractual partner hereby transfers to us the claims resulting from such sale to the value of the goods subject to reservation of title together with all ancillary rights and with absolute priority. The seller hereby accepts this assignment. The buyer is entitled to collect such receivables also after the assignment. The right of the seller to demand payment remains unaffected, but obliges the seller to not demand payment as long as the purchaser fulfils their payment and other commitments properly. If necessary, the seller may demand that the buyer discloses the assigned claims and the related debtors, provides all details required to enable collection, and hands over the relevant documentation and notifies the debtors of this assignment.
9.3 Extended reservation of ownership with processing clausel
Any processing or modification of goods subject to retention which is carried out on the seller’s behalf shall not put the seller under any obligation. If the customer processes, connects, mixes or combines the reserved property with other merchandise not belonging to the seller, the seller becomes joint owner of the newly created article with a share corresponding to the proportion of its re-served property to the other merchandise at the time the processing, connecting, mixing or combining took place. If the buyer acquires the sole ownership of the newly created article, it is understood that the buyer will grant the seller co-ownership of the newly created article in proportion to the value of the processed, connected, mixed or combined reserved property, and hold it in safe custody for the seller free of charge.
10. Place of jurisdiction
In accordance with EU-regulation ((EU) No. 524/2013), we are obligated to make a direct link available for online dispute resolutions within the EU’s online dispute resolution platform.
Link to the European Commission’s online platform for extrajudicial online dispute resolution / Email: email@example.com
In accordance with EU regulation ((EU) no. 524/2013), we are obliged to make a direct link available for online dispute resolutions within the EU’s online dispute resolution platform. However, we would like to point out that the link to the EU commission’s online platform for extrajudicial online disputes (the so-called ODR platform) is not currently available. We will make the necessary changes regarding the link as soon as the ODR platform becomes available online.
11. Data protection
We process personal data to handle orders placed with us, and we may pass the data required for this purpose on to other service providers. For credit check purpose we might access information on creditworthiness from Verbandes der Vereine Creditreform e.V., Hellersbergstraße 12, D-41460 Neuss (Credit Reform Unions) and from SCHUFA, 65203 Wiesbaden. Furthermore, may SVB use and transmit listed address information for marketing purposes. Of course you can object to your data being used for marketing purposes at any time. Please contact our data protection representative if you no longer wish to receive commercial notes or have further questions regarding this or other issues. All data is handled in strict confidence according to the data protection law. For all supplies and services, the terms and conditions shall be applicable exclusively. In addition the conditions of the manufacturers attached to the products are valid. All marks, product names and logos are trademarks or registered trademarks of the respective manufacturer. Product illustrations are exemplary illustrations and can deviate from supplied products.
Teflon® is a registered trademark of the DuPont Company.
If any provision of these General Terms and Conditions is or becomes invalid, the other provisions and any contracts concluded pursuant to these provisions shall not be affected thereby.
13. Disclaimer of liability
Our liability beyond the delivery and sales conditions stated above is based exclusively on the provisions of the above paragraphs. Any and all claims not expressly granted herein including damages under what title ever, also claims arising from violation of accessory contractual obligations, pre-contractual obligations and from illicit action, are excluded irrespective of the legal ground they arouse from. This does not apply to damage caused intentionally or by gross negligence or in cases where liability is prescribed by law. With the publication of new price lists and catalogs all past offers lose their validity. Bestimmungen des Urheberrechts (UrhG).
14. Disclaimer for external links
The company SVB Spezialversand für Yacht- und Bootszubehör GmbH gives internet links to other sites on its homepage. The following applies to all these links: SVB Spezialversand für Yacht- und Bootszubehör GmbH expressly declares that we do not have any influence whatsoever on the design and content of linked pages and cannot monitor how the providers of these pages handle the information. We thus explicitly distance ourselves herewith to all contents of the linked pages from www.svb24.com and state that third party contents are not our own. This disclaimer applies to all featured links and for the contents of all websites to which these links guide.
15. Applicable law
This agreement between the parties (SVB GmbH and the buyers) shall be governed by German law and shall be subject to the exclusive jurisdiction of the German Courts. The application of the UN arrangement about contracts about the international goods purchase from the 11.04.1988 is excluded. With the publication of new price lists and catalogs all past offers lose their validity.
16. Supplier identification
MB “Penkiolika minučių iki vidurnakčio”
CEO/Owner: Vilius Tamkvaitis
Commercial Register: 304448363
VAT number: LT100010867110
Vilnius, June 2017