General Terms and Conditions

General Terms and Conditions

A.General Provisions

1. General Information

1.1. The present General Terms and Conditions (hereinafter referred to as the “GTC”) shall apply to any and all products and services for sale as well as for any and all websites, social media accounts, printed publications, applications, and/or tools of

• Marinestore 2000 GmbH, Managing Directors Robert Stark and Stefan Eberle, (hereinafter referred to as “we” or “us”, respectively), Fraunhoferstr. 6, D-82153 Planegg-Martinsried, Germany, phone: +49 (0) 89 125940940, e-mail: info@marinestore.de
• Spirit of the Ocean GmbH, Managing Directors Robert Stark and Stefan Eberle, (hereinafter referred to as “we” or “us”, respectively), Fraunhoferstraße 6, D-82153 Planegg-Martinsried, Germany, phone: +49 (0) 89 899619-0, e-mail: info@marinepool.de
• MARINEPOOL Sportartikel GmbH & Co. KG, Managing Director Stefan Eberle, (hereinafter referred to as “we” or “us”, respectively), Fraunhoferstraße 6, D-82153 Planegg-Martinsried, Germany, phone: +49 (0) 89 899619-0, e-mail: info@marinepool.de

The three aforementioned companies (hereinafter collectively referred to as “MARINEPOOL”) are processing data independently and autonomously.

1.2. Terms and conditions of consumers and distributors shall not apply and shall herewith be objected to.

1.3. Separately concluded contractual arrangements shall take precedence over the present GTC. No ancillary agreements were concluded orally by the parties hereto. Any third-party contracted by MARINEPOOL in another capacity than employee shall not be authorized to enter into any agreement or to make any representation in deviation from the present GTC. This shall further apply to subsequent amendments and supplements.

1.4. A customer (or “buyer”) pursuant to these GTC shall be any consumer, entrepreneur or legal person governed by public law. A consumer pursuant to the present GTC shall be any natural person entering into a business relationship with us, however, without such person acting in a commercial or self-employed capacity, whereas an entrepreneur pursuant to these GTC shall either be any legal person governed by public law or any natural or legal person or any partnership with legal capacity, with whom a business relationship has been entered into and such person or partnership acting in a commercial or self-employed capacity.

2. Conclusion of Contract and Right to Exchange Purchased Goods

2.1. None of the descriptions of either products or services as displayed in the MARINEPOOL web shop – available through the national and international links www.marinepool.de, www.marinepool.com, and www.marinepool.fr – or in printed catalogues shall be construed as a legally binding invitation to conclude a sales contract.

2.2. The counterparty for any and all orders placed online with the MARINEPOOL web shop shall be Marinestore 2000 GmbH. By clicking on a selected item and, if applicable, its respectively selected size and by clicking on the button “add to cart” thereafter, the customer may add such item to their virtual cart. Thereupon, the customer will be redirected to their virtual cart, where they will be able to review the added item and apply any corrections as required, such as changing the quantity of the item, or remove such added item from their cart or proceed to add further items to their cart as required by clicking on the button “continue shopping”. Any changes to the quantity of an item will be applied by clicking on the button “update shopping cart”. After clicking on the button “proceed to checkout”, the customer may enter their data required to conclude the sale, such as their name, address, billing address, and preferred method of payment. Thereafter, the customer will be able to place a binding order for the items in their virtual cart by clicking on the button “place order”. Any acknowledgement of receipt of such order, as may be sent automatically by our system, shall exclusively serve as notification of our receipt of an invitation to conclude a contract and shall not be construed as an acceptance of such invitation by us. However, where the receipt of such order is acknowledged in conjunction with its acceptance by way of an automatically generated e-mail sent immediately after placing the respective order, the sales contract shall be deemed concluded by way of such e-mail.

As part of the process of inviting us to conclude a sales contract, the customer will be able to verify their submission by clicking on the “submit” button (on the confirmation site opening thereupon).

Any corrections may be applied by clicking on the browser’s “return” button, thereby returning to the previous items page, or alternatively by closing the browser window or by clicking on the button “clear shopping cart”, thereby cancelling the entire process and subsequently going back to the items page. Such corrections may be applied by making use of the common keyboard and mouse functions in the respective input fields.

2.3. Where a consumer has been offered products and/or services in writing, a contract with Marinestore 2000 GmbH will be concluded as soon as the customer accepts such offer – preferably in writing – within the applicable period of time and/or makes use of such products and/or services as offered by Marinestore 2000 GmbH.

However, MARINEPOOL reserves the right to refuse any invitation to conclude a contract without justification.

Any initial communication as well as any communication after the conclusion of a contract will usually be accomplished by e-mail. The customer shall ensure the e-mail address submitted for the purpose of processing their order to be correct in order to be able to receive any e-mail sent by us. The customer shall pay particular attention to any SPAM filters in operation in order to ensure their receipt of any and all e-mails sent by us or third-parties contracted by us for the purpose of order processing.

2.4. A contract on the sale of goods ordered by entrepreneurs through either MARINEPOOL’s back office or the MARINEPOOL Sales Manager from a print catalogue shall require a written order confirmation issued by MARINEPOOL. Depending on the specific goods, the respective counterparty shall be either Spirit of the Ocean GmbH and/or Marinepool Sportartikel GmbH & Co. KG.

Unless agreed otherwise, all of MARINEPOOL’s prices stated for contracts between registered traders shall be ex works at all times.

2.5. Both subject and scope of the performance owed by us shall be subject to the statement of work as included in either the online order form or the written quotation, respectively. We are not obligated to go beyond the contractually agreed performance. Furthermore, certain items may no longer be available.

2.6. We will not store any separate copy of the contract concluded with the customer. All contractually relevant data may be either printed or stored electronically prior to placing the respective order through our shop’s online cart system by making use of the print feature of the customer’s browser. After we have received the order, all information pertaining to it and required by law to be provided for the conclusion of a distance contract as well as our General Terms and Conditions will be sent to the customer in a separate e-mail. Neither text nor wording of the contract will be stored in another way.

2.7. Applicable law provides for consumers to be able to exchange goods within a period of 14 days, however, without any reimbursement of the respective shipping fees. Compliance with such period shall require the timely dispatch of the purchased goods to Marinestore 2000 GmbH within such 14‑day period after delivery.

3. Prices and Payment, Shipment and Delivery, Default

3.1. All orders placed through our online shop are exclusively subject to the prices (in EUR) as shown in the current price lists of MARINEPOOL. These can be accessed here: https://www.marinepool.com. Any deviations from these prices shall require a separate agreement. All prices shown include applicable VAT.

3.2. All prices are ex stock. Therefore, any and all delivery and shipping costs as well as any and all import and export duties or taxes and/or other charges shall be borne separately by the customer (see clause 3.3 hereinafter) and identified as such accordingly in the respective quotation or order as well as the corresponding invoice.

3.3. Postal Charges for Consumers Ordering Through MARINEPOOL’S Online Shop

Postal Charges Within Germany

We will charge EUR 6.90 for all deliveries within Germany.

Postal charges for deliveries outside of Germany shall be as follows:

Group I – EUR 10.90:

• Austria, Denmark, France, Italy

Group II – EUR 13.90:

• Netherlands, Belgium, Luxemburg, Lichtenstein

Group III – EUR 15.90:

• Hungary, Slovakia, Poland, Czech Republic, Sweden, Monaco, Finland, Lithuania, Spain, Ireland, Romania, Estonia, Latvia, Norway, Switzerland, Croatia, Greece, Bulgaria, San Marino, Slovenia, Portugal

Group IV – EUR 24.90:

• United Kingdom

Group V – EUR 49.90:

• Cyprus (GR)

The amount of shipping costs, to a country not mentioned above, is on request.

3.4. Terms of Payment for Orders Placed Through the Online Shop

Any and all payments shall be made in advance (wire transfer, PayPal or either debit or credit card (Visa, MasterCard)) or on delivery. However, in individual cases a separate agreement may be reached to pay after an invoice has been issued. Each payment shall be made in Euros.

3.5. Shipment and Delivery

Only such delivery dates expressly stated in the order confirmation or agreed to in writing by MARINEPOOL shall be binding. Deliveries within Germany as well as to certain other countries shall be subject to either the information provided in the order form or a separate agreement.

Orders may be delivered in partial shipments, in which case packaging and shipping costs will only be charged once.

3.6. Consumers may return and ship any such goods they wish to return by making use of the return form available via the following link: Example of a return form

Excerpt:

In order to provide you with a most enjoyable online shopping experience, MARINEPOOL has implemented an easy way for you to return your purchased goods, if required. Please follow these steps:

1. We hereby expressly advise you to return any such goods you wish to return undamaged, clean, in their original packaging, and with all labels and tags attached to them. We will return any item we have found not to be in its original state to you, whereas the costs for such return shipment to you shall be borne by you.
2. Smaller packages may be used to save shipping costs, provided, however, the item to be returned will not be damaged in doing so.
3. Please complete the return form by providing all data (as required on the front page) and ship the form together with the goods you wish to return. Otherwise, additional inquiries might be required or delays in processing the return shipment might occur.
4. Please make use of the enclosed return label and dispatch your return package from the nearest post office. Return shipments within Germany will be free of charge.
5. After we have verified your claim, we will reimburse you with the amount previously paid by you for the returned goods within 14 days.

3.7. Returns and Return Shipments from Entrepreneurs

Entrepreneurs shall not be eligible for returns or return shipments, unless otherwise agreed to in writing or provided for by applicable law.

3.8. We reserve the right to charge compensation for late payment, such as collection and reminder fees (EUR 40.00 for entrepreneurs in accordance with applicable legal provisions) as well as default interest, to any customer in default following a reminder after the due date as well as any customer automatically defaulting after 30 days following the receipt of the respective invoice.

4. Transfer of Risks

4.1. The risk of accidental destruction and accidental deterioration shall pass to consumers upon delivery of the purchased goods. This shall equally apply to any sales shipment.

4.2. The risk of accidental destruction and accidental deterioration shall pass to entrepreneurs upon delivery of the purchased goods, whereas regarding sales shipments such risk shall pass to the respective entrepreneur as soon as the purchased goods have been handed over to the forwarder, carrier or other person or body specified to carry out the shipment.

4.3. Delivery shall be effective regardless of whether or not a default in acceptance of such delivery by the respective customer has occurred.

5. Warranty

5.1. Statutory liability for defects shall apply to any and all defects of the purchased goods.

5.2. In deviation from clause 5.1 above, the following shall apply to entrepreneurs:

• trivial defects shall not give rise to any claim for defects;
• the seller shall be eligible to choose the specific type of subsequent performance;
• claims for defects of new goods shall become time-barred one year after the transfer of risk;
• replacements delivered in line with the liability for defects shall not cause the aforementioned limitation period to begin anew.

Entrepreneurs shall inspect the purchased goods immediately after delivery, insofar as such prompt inspection is commercially feasible (Section 377 of the German Commercial Code). In the absence of any notification pursuant to the aforementioned Section 377 of the German Commercial Code, delivery will be deemed accepted. If required, the delivered goods shall be subjected to functional testing. Any and all defects revealed in the course of the inspection or such testing shall be notified to us without delay. The entrepreneur shall handle the goods with the due care of a prudent business person. In the absence of any such notification, our liability for defects of the respective goods shall be fully excluded. Furthermore, the statutory limitation periods for entrepreneurial claims for recourse pursuant to Section 478 of the German Civil Code shall remain unaffected.

However, neither the aforementioned liability provisions nor any of the reduced periods of time pertaining to entrepreneurs shall apply

• to any damages from injury to life, body or health due to an intentional or negligent breach of duty by us or due to an intentional or negligent breach of duty by one of our legal representatives or agents;
• to any other damages arising from an intentional or grossly negligent breach of duty by us or from an intentional or grossly negligent breach of duty by one of our legal representatives or agents; or
• to defects fraudulently concealed by us.

Entrepreneurs shall relay the respective care instructions to their customers. Washing and care instructions are available on our official homepage https://www.marinepool.com/ under “Service” -> “Product Care”.

5.3. Consumer claims for defects of newly purchased goods shall become time-barred two years after delivery of such goods to the customer, however, subject to the following limitations:

The care instructions shall be duly followed.

Washing and care instructions are available on our official homepage https://www.marinepool.com/ under “Service” -> “Product Care”.

Consumers shall file a complaint with the delivering agent regarding any goods with obvious transport damage and notify us thereof immediately.

5.4. The warranty shall neither apply to normal wear and tear nor to damages for which we are not responsible. This shall equally apply to any failure to follow the care instructions.

6. Force Majeure and Resulting Non-Performance

Any non-performance of the contract due to force majeure or equally unforeseeable occurrences outside the sphere of influence of either party shall entitle the defaulting party to delay their performance of the contract for the duration of the temporary impossibility of the performance. However, any such event of force majeure shall be notified to the other party within 2 weeks from its occurrence. This provision shall not apply to any payments due under the respective contract.

7. Revocation and Termination

Unless otherwise agreed by way of separate contractual arrangement, there shall be no contractual right of termination. However, any statutory rights of termination and/or revocation shall remain unaffected thereby.

8. Retention of Title

8.1. MARINEPOOL shall retain full title to any goods delivered to consumers until the respectively owed purchase price has been paid in full. Any failure of a customer to perform their contractual obligations, including but not limited to default of payment, shall entitle us to require such customer to either return the goods delivered or to provide compensation for value, if the respective goods cannot be returned in their original state. The compensation for value shall amount to the respective selling price.

8.2. MARINEPOOL shall retain full title to any goods delivered to entrepreneurs until all receivables incurred in the course of any ongoing commercial relationship with such entrepreneur have been settled in full.

However, entrepreneurs shall have the right to resell any goods subject to the aforementioned retention of title in the ordinary course of their business. Any claims arising therefrom against third parties shall be assigned in advance to MARINEPOOL, whereas any such claim shall be the respectively invoiced amount (including VAT). MARINEPOOL hereby accepts the assignment. Any such assignment of claim shall be effective regardless of whether or not the goods subject to the retention of title have been resold without any prior or after processing. The entrepreneur shall remain eligible to collect any such claim after its assignment, respectively, whereas MARINEPOOL’s authorization to collect thusly assigned claims shall remain unaffected thereby. However, MARINEPOOL will abstain from collecting any such claim for as long as the entrepreneur duly and timely meets their payment obligations and no request to open insolvency proceedings against them has been filed.

9. Data Protection

9.1. MARINEPOOL processes personal data of customers for specific purposes and in accordance with applicable law. The personal data provided to place an order (e.g. name, e‑mail address, postal address, payment data) will be used by MARINEPOOL for the purpose of executing and performing the contract. These data will be treated confidentially and disclosed only to those third parties, that are involved in the order, delivery or payment process. All our employees are obligated to adhere to applicable data protection law. For more information go to https://www.marinepool.com/data-privacy.

9.2. Each customer has the right to request free-of-charge access to their personal data stored by us as well as to obtain from us the rectification of inaccurate personal data concerning them. Furthermore, customers may request from us to either block or erase their personal data, provided, however, no statutory retention obligations apply.

10. Right of Withdrawal

In distance contracts, consumers have the right to withdraw from the contract within 14 days. Distance contracts are concluded by means of distance communication only, including but not limited to letters and e-mails.

E-mail: order@marinestore.de

Phone: +49 (0) 89 899 61950

Consumers have the right to withdraw their order at all times within 14 days without justification. This 14‑day period shall begin on the date of acceptance of the last delivered item of the order by either the consumer or a third party thusly appointed by the consumer and not acting as carrier. Goods returned due to such withdrawal shall be undamaged, clean, unwashed, unchanged, and unworn. However, this shall not apply to one-time fittings. Moreover, all tags and labels as well as the packaging must be undamaged.

The right of withdrawal shall be subject to the following notification (“notification regarding revocation”):

10.1. Consumer Right of Withdrawal:

You have the right to withdraw from this contract within 14 days without justification. This 14‑day period shall commence on the date of acceptance of the purchased goods by either you or a third party thusly appointed by you and not acting as carrier, whereas in contracts concluded on different goods ordered simultaneously and delivered separately, the aforementioned 14‑day period shall commence on the date of acceptance of the last delivered item of the order by either you or a third party thusly appointed by you and not acting as carrier.

To exercise the right of withdrawal, you must inform us  

Marinestore 2000 GmbH
Fraunhoferstr. 6
82153 Planegg-Martinsried
Germany
Phone: +49 (0) 89/125940940
Fax: +49 (0) 89/125940944
E-mail: order@marinestore.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or a fax or an e-mail). You may use the attached withdrawal form template, however, this is not obligatory. For a timely withdrawal it shall be sufficient for you to dispatch your communication concerning your exercise of the right to withdraw before the withdrawal period has expired.

10.2. Effects of Your Withdrawal from an Online Order:

If you withdraw from this contract, we shall reimburse to you all payments received from you, (with the exception of any supplementary costs due to 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 effectively 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. However, we may withhold reimbursement until we have received the goods back or you have provided 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 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. We will collect the goods or have them collected at our expense only if so agreed or – in accordance with applicable law – if the goods cannot be returned by mail.

10.3. Special Instructions and Exclusion of the Right of Withdrawal:

In making use of the purchased goods, you prematurely waive your right of withdrawal, provided, however, you explicitly agree to the contract having been fulfilled by either party or we will have performed our contractual obligations in full prior to you exercising your right to withdraw.

However, the right of withdrawal shall not apply to the following contracts:

• contracts for the supply of non-prefabricated goods made according to the consumer’s individual choice or which are clearly adapted for his or her needs (e.g. in case of branding etc.);
• contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they were unsealed after delivery.

10.4 Withdrawal Form Template – Right of Withdrawal from Online Order

I/We (delete where inapplicable) hereby give notice that I/We (delete where inapplicable) withdraw from my/our (delete where inapplicable) contract of sale of the following goods (please specify)/for the provision of the following services (please specify) concluded with

Marinestore 2000 GmbH
Fraunhoferstr. 6
82152 Planegg-Martinsried
Germany

on (please specify the date),

order or invoice number (please provide, if available);

consumer name and address (please complete)

The reimbursement shall be made to the following bank account:

The amount paid for the returned goods will be credited to your account using the same method of payment you previously selected to pay for the order.

Please provide the following information only, if you have paid in advance or on delivery:

Account holder:        (please fill in [family name, first name])

Account number:     (please complete)

IBAN                          (please complete)

BIC                             (please complete)

Place, date and signature of the consumer(s) (please complete)

11. Copyright

Any and all flyers, brochures, and catalogues available on https://www.marinepool.com/ as well as any and all texts, images, graphics etc. published on social media are protected by copyright. Any reproduction, adaptation, distribution, and other form of exploitation (in whole or in parts) shall be subject to criminal and civil proceedings pursuant to Section 97 of the German Act on Copyright and Related Rights.

12. Dispute Resolution

The Online Dispute Resolution website by the European Commission can be found at www.ec.europa.eu/consumers/odr. We shall not take part in the dispute resolution procedures of consumer conciliation bodies pursuant to the German Act on Alternative Dispute Resolution in Consumer Matters, including but not limited to Section 36 of the German Act on Alternative Dispute Resolution in Consumer Matters, for we are legally not obligated to take part in such proceedings.

13. Final Provisions

13.1 Language           
All contracts will be concluded and performed in the German, English or French language, respectively.

13.2 Applicable Law

Any and all legal relationships between the parties shall be subject to the law of the Federal Republic of Germany, whereas the provisions of the Uniform Law on the International Sale of Goods shall not apply. However, German law shall not apply to consumers subject to consumer protection laws of the country of their habitual residence. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

13.3 Jurisdiction

Where the buyer is an entrepreneur, a registered trader, a legal person governed by public law or a special entity governed by public law, the place of performance and the place of jurisdiction for all disputes between the parties which may arise out of the contractual relationship shall be our place of business (Munich, Germany).

13.4 Severability Clause

Should any of the provisions of the present contract be or become invalid, the remaining provisions shall remain valid und unaffected thereby. Any such invalid provision shall be replaced with a valid provision coming as close as possible to the original economic purpose of the invalid provision.

Last revised: April 2022

Shippingcosts within Germany

In Germany we charge a flat shipping fee of 6,90€ including insurance.

Shipping costs outside of Germany

Within the EU we calculate with the valid value added tax, in the rest of the world without value added tax. The import duty is NOT paid by the sender but ALWAYS by the recipient, the proper customs clearance is the responsibility of the recipient. Deliveries to non-selectable countries only on request. Delivery is carriage forward and at your own risk against prepayment.

Minimum order value

The minimum order value within Germany is 24.90€, other countries 49.90€. Freight costs are borne by the recipient. For orders below the minimum order value, we charge a minimum quantity surcharge of 7.50€.