GTC

General trade conditions


The company SEA-CLUB Handels-GmbH, represented by the manager Frank Elzer, Am Leitzelbach 34, 74889 Sinsheim, Germany - subsequently named SEA-CLUB - is wholesaler and importer for gift items, especially nautical gift items. SEA-CLUB goods are exclusively bound for retailers and trading people.  A business between SEA-CLUB and any dealer only takes place on the premises that the latter carries on a trade of such a kind, that the goods obtained are destined only for business activity and not for personal requirement.

These general trade conditions for any kind of business relations between SEA-CLUB and the customers are valid in the respective version to be in force. Conditions differing from these or general trade conditions of the business partner have no validity.

Orders:
The illustrations of our items can slightly differ in reality and do not constitute an obligatory part of contract.  If any order is submitted through our webshop, by mail or fax, by letter, phone or by any other means the committer places a binding order. It is up to us to finally decide if the order is accepted by us. The acceptance of order takes place by order confirmation or by directly forwarding the goods. In case of non-acceptance of an order the orderer will be informed.

Prices:
All prices indicated in our locked login-region are net trade-prices in €uro and have to be understood plus possible forwarding costs and plus legal value added tax in force. SEA-CLUB reserves the right of price increases at any time. In case that price increases overlap with orders already given, we shall inform the orderer accordingly , and ask him for confirmation.  We do not take over any liability for possible mistakes in illustration, description or price of any item.


Packing units:
Our items are mainly available one by one. There are, however, some exceptions, where items are only available in packing units (PU). This is marked accordingly behind the item. When placing an order, however, always the factual number of pieces of an item has to be declared and not the packing unit.

Minimum order:
For new customers the first order has to have a minimum value of 200 €uro net. For all following orders there is no longer a minimum order value.

Forwarding:
The forwarding of orders usually is effected by parcel service which can be chosen by SEA-CLUB.  Bulky or wide spreading items as well as large quantities may as well be sent by forwarding agent. Delivery always takes place ex warehouse Sinsheim.  Within Germany free forwarding is effected from a 650,00 €uro net order value upward. For values lower than this or for export shipments freight charges are added corresponding to the forwarded goods. Forwarding usually takes place immediately after receipt of an order. Specified delivery dates will be respected in the best manner possible. Remarked terms of delivery are only approximate and not binding. In case of delivery delays the customer has no right to claim any damages or compensations. In case some ordered items should not be in stock or available immediately, partial shipment will be effected or the not available items will be cancelled.  The orderer will be informed about sold out items. The items not in stock will be delivered following their value after re-receipt , freight paid, to the orderer after previous information.

Payment:
All deliveries are sent against invoice to be settled by transfer, direct debit or prepayment. We grant a 2% discount on transfers within 14 days or payment net has to be effected within 30 days.  If direct debit has been agreed we shall collect the amount of the invoice from the stated account after 10 days by deducing a 3% discount.  A 3% discount is also granted on prepayment. Orders from new customers can only be delivered against prepayment or direct debit. We are free to select another payment term than chosen by the orderer in particular cases after having given him the corresponding information. The goods remain our property until complete payment.

The orderer is obliged to adhere to the actual storage periods for invoices – as far as he is touched – corresponding to § 14b UStG ( value added tax act ).

Defects / Warranty:
All deliveries are effected on risk of the buyer as soon as goods have left our company. Possible complaints can only be accepted within 8 days. Slight or customary in trade differences to descriptions or pictures in weight, shape, color, measurements, sampling, quality, condition or modification cannot be  accepted as defects and cannot be returned to the sender. The legal warranty for business between dealers is in force. In order to be able to claim warranties it is necessary to present a purchasing document or another proof. In case that a cash value compensation in form of a credit note should result, we have the right to consider the depreciation in value for the use of the tool.

Redelivery:
We do not accept returns without our previous permission and no freight collect returns.

Returns:
The regulations of the Commerical Code are valid.  As SEA-CLUB exclusively has business relations with resellers and dealers a right of withdrawal or return is excluded as to § 312d BGB.

Data Protection:
SEA-CLUB files your data corresponding to the legal requirements in connection with the order procession.

Place of performance and jurisdiction:
Place of performance and jurisdiction for both parties, wherever legally permissible, is Sinsheim . This choice of law and venue is also valid for buyers who have their permanent or temporary whereabouts abroad.

Final provisions:
The law of the Federal Republic of Germany applies under exclusion of EGBGB and the laws for the international purchase of chattels. The UN convention on contracts for the international sale of goods shall not apply.

We cannot guarantee for completeness, topicality and correctness of the given information.  Liability claims are strictly excluded unless there is evidence of willful intent or gross negligence.  All offers are subject to change without notice and are non-binding. We reserve the right for modification or cancellation of the contents without prior notice. If one or more of the provisions should be or become ineffective or invalid, the validity of the rest of these terms of these trading conditions will not be affected.