AGB - Terms and conditions of greenboatsolutions

General terms and conditions of greenboatsolutions GmbH

The use of the website www.greenboatsolutions.de as well as the product finder and the system configurator of this site are subject to separate terms and conditions, which you can read here.

A) General part

I. Scope of Application

1. The General Terms and Conditions (GTC) of greenboatsolutions GmbH (hereinafter "greenboatsolutions") are divided into a general part and separate provisions for specific services. Unless expressly stated otherwise, the provisions of the general part (A) apply supplementarily to the provision of the individually listed services.

2. Our GTC apply to all current and future transactions between us and our customers. Our GTC exclusively apply; we do not recognize opposing or deviating conditions of the customer unless their validity has been expressly confirmed in advance. This also applies if we do not explicitly object to the customer’s terms and conditions. The GTC in force at the time of the conclusion of the contract apply.

3. The use of specific services provided on our homepage www.greenboatsolutions.de may be subject to separate terms and conditions.

4. The operated comparison portal is aimed at users in the German (residing in Germany) and European market.

II. Choice of Law and Jurisdiction

1. German law applies with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

2. The exclusive jurisdiction for all disputes arising from the business relationship between us and our customer is Berlin. In addition, we are entitled to file a lawsuit at any other permissible jurisdiction.

III. Contractual Partner

1. The contractual partner of the buyer is always the respective seller upon conclusion of a purchase contract. Products sold through the online shop of greenboatsolutions can be placed directly in the shopping cart. For all products that can be ordered directly through the shop, greenboatsolutions GmbH acts as the contractual partner. This constitutes a "direct sale."

2. In addition to direct sales, greenboatsolutions collaborates with various partners to be able to provide customers with the best quality and quantity possible. Our partners include manufacturers of the compared products, their dealers and sales representatives, as well as other service providers (for example, boat builders and shipyards, among others). To this end, greenboatsolutions compares various hardware solutions and services according to the information provided by the customer. The customer can then receive a direct offer from greenboatsolutions or be referred to the specific partner. Products from partners are marked as such and can be requested, but cannot be ordered directly through the online shop. By making the request, the user agrees that the contact information may be forwarded to the relevant partners.

IV. Product Descriptions, Prices, and Other Information

1. We always strive to publish all information provided on our homepage accurately and in the most current form. For this purpose, we rely on the provision of information from our partners. Therefore, we do not assume any responsibility for the accuracy and currentness of the information provided that we receive from third parties or other external sources.

2. Essential characteristics and the nature of the products presented result from the product descriptions provided by our partners and the corresponding technical data sheets or guidelines. We do not assume any guarantee for the accuracy and completeness of the product descriptions.

3. None of the information presented on the portal constitutes a guarantee given by us. We do not assume any guarantee, in particular, neither quality nor availability guarantees, nor the assurance of certain product characteristics. In particular, referencing DIN standards, product sheets, or other informational materials provided by the partner does not constitute an assurance of the characteristics described therein, but serves only to describe the individual products.

4. All prices mentioned on the website are subject to change. Price changes communicated by the partner will be incorporated into our portal immediately.

V. Liability

1. We assume no liability for damages arising from incorrect data or the use of our homepage. Unless otherwise expressly agreed, our liability is also excluded for other services offered by us.

2. Any further liability for damages beyond what is provided in the conditions below is excluded—regardless of the legal nature of the claimed demand: we are fully liable according to the statutory provisions

a) for damages to life, body, and health that are based on a negligent or intentional breach of duty, as well as

b) for damages that cannot be excluded according to mandatory legal provisions (Product Liability Act), as well as

c) for damages resulting from intentional or grossly negligent breaches of contract and fraud,

d) for damages arising from the breach of a guarantee, e) for damages resulting from the breach of an essential obligation that is of fundamental importance for achieving the purpose of the contract (cardinal obligation).

1. In all other cases, the following applies: In the case of other instances of gross negligence attributable to us, the amount of the damage to be compensated is limited to the typical and foreseeable damage of the contract. In the case of simple negligence, we are liable only for culpable violations of cardinal obligations and only up to the amount of the typical and foreseeable damage of the contract.

2. We assume no liability for the continuous accessibility of our homepage. Furthermore, we assume no liability in the event of a disruption, interruption, or temporary failure of the homepage.

VI. Data Protection

1. greenboatsolutions stores and uses data in connection with the use of our homepage in accordance with the Federal Data Protection Act.

2. In our privacy policy, which can be accessed on our homepage under the section "Data Protection," we inform you about where we collect information from you during the use of our homepage and when using our services, and how we use this information.

3. We expressly inform our customers that the Internet does not allow for absolute data security despite technical precautions. Therefore, we do not assume liability for actions of third parties.

VII. Miscellaneous

1. We reserve the right to update and adjust these conditions at our reasonable discretion at appropriate time intervals. The currently valid version applies.

B) Hardware comparison

greenboatsolutions offers customers access to their database, which contains, among other things, information on products in the field of marine such as boats, engines, batteries or chargers, as well as other accessories. This service is provided in collaboration with cooperation partners and suppliers.


Users can thus find total solution packages compiled according to their preferences. The private use of this service is free of charge for customers. Commercial use requires the prior express and written consent of greenboatsolutions. In case of unauthorized commercial use, greenboatsolutions reserves the right to assert any claims for damages or claims for unjust enrichment.


All information presented is based on information provided by third parties. Therefore, greenboatsolutions can not guarantee the accuracy or completeness of the information. greenboatsolutions gives no assurance about the suitability, availability or quality of the products presented. None of the information presented constitutes a guarantee or assurance by greenboatsolutions. Especially not for the compatibility listed on the website. Please always enter into direct consultation with us on a selected system.


greenboatsolutions understands itself as neutral and strives to provide the user with the optimal combination of hardware for him. greenboatsolutions does not receive any separate commission from the providers for a particularly positive presentation of individual products. The products shown only represent the products of our cooperation partners and not all products available on the market from all suppliers.

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C) Referral to providers and referral support.

greenboatsolutions enables users of its homepage to enter into contracts with (third party) providers. All sales contracts are exclusively between the user and the provider. These contracts are not made directly through the website. greenboatsolutions is not a representative of the providers. greenboatsolutions only mediates the contact between the user and the product provider and thus sees itself as an intermediary. Consequently, greenboatsolutions is not liable for the contractual claims of any party, especially not for damages, non-performance or poor performance.


The information presented on the homepage has no influence on the content of the contract between the user and the provider. The content of the contract results exclusively from the agreement between the user and the provider. greenboatsolutions therefore recommends the user to get clarity about the conditions of the provider before concluding the contract.


The contact mediation is free of charge for the user. greenboatsolutions only receives a commission from our cooperation partners. For additional consulting services greenboatsolutions reserves the right to charge according to the currently valid hourly rate for consulting services. This will only be done with your explicit consent and after you have provided us with the currently valid conditions. The initial consultation is usually also free of charge.


All information presented is based exclusively on information provided by the providers. Therefore, greenboatsolutions can not guarantee the accuracy or completeness of the information. greenboatsolutions gives no assurance about the suitability, availability or quality of the products presented. None of the information presented constitutes a guarantee or assurance by greenboatsolutions.


greenboatsolutions collects, processes and uses the data provided by the user in connection with its offer to mediate the conclusion of a contract for tax and billing purposes to the extent necessary in its function as an intermediary. Any further collection, processing or use of the user's personal data will only take place if the user consents thereto or if greenboatsolutions is entitled to do so on the basis of a legal permissible circumstance.

D) Purchase via the online store

1. Contractual Partner, Conclusion of Contract, Correction Options

a) The purchase contract is concluded with greenboatsolutions GmbH.

b) The representation of the products in the online shop does not constitute a legally binding offer but rather an informal online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking the order button, you submit a binding order for the goods contained in the cart. The confirmation of the receipt of your order will be sent to you via email immediately after submitting the order.

c) When the contract with us is concluded depends on the payment method you choose: Prepayment (SEPA transfer): You will automatically receive a confirmation that we have received your message. It will also include the payment information for the transfer. However, we will only accept your order by sending an acceptance declaration in the form of an order confirmation and invoice in a separate email within two business days. It may happen that we decline your request due to short-term stock shortages. PayPal, credit card (Visa/Master), Klarna, instant transfer: You will automatically receive a confirmation that we have received your message and payment. We will accept your order by sending an acceptance declaration in the form of an order confirmation and invoice in a separate email within two business days. It may be that we decline your request due to short-term stock shortages.

d) A purchase contract is only concluded when the buyer pays the invoice in a timely manner according to the specified payment terms and the seller confirms this with an order confirmation and invoice.

2. Language of Contract, Storage of Contract Text

a) The language(s) available for the conclusion of the contract: German and English.

b) Our GTC can be found in the current version at: www.greenboatsolutions.de/agb. We will send you the order data and our GTC in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

3. Delivery Conditions

In addition to the product prices stated, shipping costs may apply. You can find more details on any applicable shipping costs on the product pages, in the shopping cart, or upon request. For this, please click on "Shipping."

You generally have the option of picking up at greenboatsolutions GmbH, Rudower Straße 20, 12557 Berlin, Germany during the following business hours: by appointment, usually Monday to Friday from 10 AM to 6 PM. Please call ahead, as we are occasionally on-site with our customers.

We do not deliver to parcel stations.

4. Payment

In our shop, the following payment methods are generally available to you:

a) Prepayment: If you choose the payment method of prepayment (SEPA), we will provide our bank details in a separate email and deliver the goods after receipt of payment.

b) PayPal If you choose PayPal as the payment method, you will be redirected directly from our shop to PayPal. Alternatively, after an initial offer, we can also send you an invoice that includes a link to PayPal. We will deliver the goods after receipt of payment. To be able to pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your login credentials, and confirm the payment order to us. The payment transaction will be automatically processed by PayPal immediately thereafter. Further instructions will be provided during the ordering process.

5. Right of Withdrawal Information

Consumers have a fourteen-day right of withdrawal (14 days).

6. Right of Withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the day you or a third party designated by you, who is not the carrier, has taken possession of the last partial shipment or the last item.

To exercise your right of withdrawal, you must inform us (greenboatsolutions GmbH, Rudower Straße 20, 12557 Berlin, Germany, mail@greenboatsolutions.de, Phone: 030 6293 7808) of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or email). You may use the attached sample withdrawal form for this purpose, but it is not mandatory.

To comply with the withdrawal period, it is sufficient that you send the notification about exercising the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs. Shipping costs for returns are generally borne by the consumer. For this, we will send you a separate invoice, or you will arrange the shipping yourself. Another exception is additional costs that arise from your choice of a delivery method other than the cheapest standard delivery offered by us. Please inquire about the costs for freight deliveries in advance, as these must be recalculated daily. The refund will be made no later than fourteen days from the day we receive your notification of withdrawal from this contract. For this refund, we will use the same payment method you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged fees for this transaction due to this refund. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier time. You must return the goods immediately and in any case no later than fourteen days from the day you notify us of the withdrawal from this contract.

The deadline is met if you send the goods before the fourteen-day period has expired. You bear the direct costs of returning the goods amounting to €75 EUR. You are only liable for any loss in value of the goods if this loss in value is due to handling them that is not necessary to check the nature, characteristics, and functioning of the goods.

Sample Withdrawal Form (If you wish to withdraw from the contract, please fill out this form and send it back.)

To greenboatsolutions GmbH

Rudower Straße 20

12557 Berlin

Germany

mail@greenboatsolutions.de

I hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) / the provision of the following service (*)

– Ordered on (*) / received on (*)

– Name of consumer(s)

– Address of consumer(s)

– Signature of consumer(s) (only for notification in paper form)

– Date (*)

Strike out what does not apply.

1. Retention of Title

a) The goods remain our property until full payment has been made. For entrepreneurs, it additionally applies: We reserve ownership of the goods until all claims resulting from an ongoing business relationship have been fully settled. You may resell the retained goods in the ordinary course of business; all claims arising from this resale are assigned to us in advance, regardless of whether the retained goods are connected or mixed with a new item, to the amount of the invoice, and we accept this assignment. You remain authorized to collect the claims; however, we may also collect claims ourselves as far as you do not meet your payment obligations.

2. Transport Damages

a) For consumers: If goods are delivered with obvious transport damages, please report such errors as soon as possible to the carrier and please contact us immediately. The failure to complain or make contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you assist us in enforcing our own claims against the carrier or the transport insurance.

b) For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the carrier, the freight forwarder, or another person or institution designated for the execution of the shipment. Among merchants, the obligation to inspect and report regulated in § 377 of the Commercial Code applies. If you neglect the notification regulated there, the goods are considered approved unless there is a defect that was not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.

3. Warranty and Guarantees

a) Unless otherwise expressly agreed below, the statutory liability for defects applies.

b) In the case of the purchase of used goods by consumers, the following applies: If the defect occurs after one year from the delivery of the goods, the claims for defects are excluded. Defects that occur within one year from the delivery of the goods can be asserted within the statutory limitation period of two years from the delivery of the goods.

c) For entrepreneurs, the limitation period for claims for defects for newly manufactured goods is one year from the transfer of risk. The sale of used goods is made with the exclusion of any warranty. The statutory limitation periods for reinstatement claims according to § 445a BGB remain unaffected.

d) Only our own statements and the product descriptions of the manufacturer that are included in the contract apply as an agreement about the quality of the goods towards entrepreneurs; we accept no liability for public statements made by the manufacturer or other advertising statements. If the delivered goods are defective, we provide warranty to entrepreneurs at our discretion initially through the elimination of the defect (repair) or through the delivery of non-defective goods (replacement delivery).

e) The above restrictions and reductions of deadlines do not apply to claims for damages caused by us, our legal representatives, or agents: I. for injury to life, body, or health II. for intentional or grossly negligent breach of duties as well as fraud III. for breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on which the contract partner is regularly allowed to rely (cardinal obligations) IV. in the context of a warranty promise, as far as agreed, or V. as far as the scope of application of the Product Liability Act is opened.

f) Information on any additional guarantees that may apply and their exact conditions can be found with each product and on special information pages in the online shop.

g) Customer Service: During business hours, you can contact us at +49(0)30 6293 7808 or via email (mail@greenboatsolutions.de).

4. Dispute Resolution

a) The European Commission provides a platform for online dispute resolution (ODR), which you can find here.

b) We are not obligated and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

5. Final Provisions

a) If you are an entrepreneur, German law applies with the exclusion of the UN Sales Convention.

b) If you are a merchant in the sense of the Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

Your advantages using greenboatsolutions

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comparable

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