General Terms & Conditions

Overview

Applicability and Scope
Conclusion of a Contract
Availability and Reservation of Performance for Products not available
Prices and Shipping Costs
Payment Conditions
Delivery Conditions
Retention of Title
Right of Revocation and Return of Goods
Notice of Defects, Warranty
Registration for an Account
Complaints and Claims
Liability
Data Protection (Privacy Policy)
Copy Right
Severability Clause
Applicable Law and Venue

1. Applicability and Scope

The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relations between FibuMAR Handelsgesellschaft AG (hereinafter referred to as "FibuMAR Handelsgesellschaft AG", "us" or "we") with registered office in Liechtenstein and the customer (hereinafter referred to as "customer", "buyer" or "you") for products (hereinafter referred to as "products" or "goods") purchased via our website «www.mar-nautic.com» (hereinafter referred to as "Online Shop" or "Website") or directly through us. The language of contract is German.

The Online Shop is operated by:
FibuMAR Handelsgesellschaft AG
Rinkenwingert 34
9492 Eschen
Principality of Liechtenstein

UID no.: CHE 324.042.640
No. of Commercial Register of Liechtenstein: FL-0001.532.788-0
VAT no. Liechtenstein: 53 787

Phone: +423 340 80 80
E-mail: info@mar-nautic.com

Individual agreements concluded with the customer shall take precedence over these GTC. Opposing conditions of the customer are not recognized.

We reserve the right to change these GTC at any time. All changes become effective with the publication of the new GTC on the Website. The relevant time for the applicability of the valid GTC is the date of the submission of the binding order to us when purchasing a product.

Please read these terms and conditions carefully before placing a binding order. By placing a binding order, you agree to the following terms and conditions as well as our Privacy Policy and declare that you are authorized to conclude legally binding contracts and that you are at least 18 years old.

2. Conclusion of a Contract

The presentation of the products in the Online Shop is not a legally binding offer, but only a non-binding online catalogue or a non-binding invitation to customers to order the product in the Online Shop. We expressly reserve the right to change the products as well as the contents, e.g. pictures, assortment, prices, and the descriptions of the products, at any time and without prior notice. Illustrations, pictures, brochures, advertising, and other information in connection with our products are for information purposes only and are not binding for us.

The customer can place a binding order for the products selected by him/her via our Online Shop. The customer can put the products he/she selects into the "shopping cart". This is not yet considered a binding order. An order shall only be deemed to be binding when the customer clicks on the button "Order subject to payment" on the order page at the end of the ordering process. Before submitting the order, the customer can change and view the details at any time, recognize any input errors and correct them if necessary, before the binding final submission of the order.

An order confirmation is sent to the customer immediately and automatically by e-mail. This confirmation e-mail contains the information of your order and our terms and conditions accepted by you during the ordering process. The confirmation e-mail only serves as information that we have received your order. The automatic order confirmation does not constitute a contract of sale. By sending the order you confirm that you have read the terms and conditions and that you agree to them without reservation. We recommend that you print out the GTC for the purpose of the online order and your documentation or save them on your computer.

After you have placed a binding order, we are free to either accept the order or reject it at its own discretion by sending you a corresponding notification by e-mail and without assuming liability towards you or third parties. Any payment already made will be refunded if the order is cancelled from our side. Reasons for the rejection of an order may be, for example, if a product is no longer available, if we cannot obtain authorization for the customer's payment, or if there is a justified reason to believe that the customer is acting contrary to these terms and conditions, individual contracts, fraudulent or other criminal activities, or for any other important reason.

When the order is accepted, a binding purchase agreement with the customer is concluded. This acceptance takes place by shipping the ordered products.

3. Availability and Reservation of Performance for Products not available

All information about the availability, shipping and delivery of a product is preliminary information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates. Any liability for unavailable products or for delays in shipment or delivery is expressly excluded.

Our products are available as long as our stock lasts.

If we discover during the processing of your order that the products you ordered is no longer on stock at FibuMAR Handelsgesellschaft AG, we will inform you immediately and the products will be reordered from our supplier. In the same course you will receive from us the new delivery time of the products.

If we discover during the processing of your order that the products you ordered are not available anymore, we will inform you immediately. In this case, a contract for the non-available products will not be concluded as the ordered products cannot be delivered. In this case, you will be refunded the portion of the purchase price of the goods that are no longer available.

4. Prices and Shipping Costs

Our products and prices correspond to those indicated on our Website. All prices are provided in CHF (Swiss Francs) or in Euro (EUR). You can display the price in CHF or EUR in the navigation and pay in the corresponding currency.

Domestic shipment (delivery address Switzerland/Liechtenstein): The prices include the statutory VAT (value added tax) for shipments within the customs area of Switzerland and Liechtenstein. The total price of your order, including shipping costs and the domestic VAT to be paid, is displayed at the end of the ordering process.

Foreign shipments (delivery address outside Switzerland/Liechtenstein): For delivery addresses outside the customs area of Switzerland and Liechtenstein, goods are shipped with the Incoterm DAP (Delivered at Place). This means that the goods ordered by you will be invoiced by us excluding VAT. In the importing country, customs duties, import levies and fees as well as taxes (e.g. VAT/sales tax) may apply, which are paid by you as the recipient. The total price (excluding any customs duties, import duties and fees, and taxes in the destination country) of your order, including shipping costs, will be displayed at the end of the order process. It is your responsibility to familiarize yourself with the local conditions and, where necessary, to contact the local authorities.

By placing a binding order, you declare that you agree with the total price for the products ordered. After the binding order, the price cannot be adjusted.

We reserve the right to change the prices at any time. The products will be charged on the basis of the prices offered at the time the binding order is placed.

5. Payment Conditions

Orders are generally due for payment immediately.

The customer has the option to pay with the means of payment, which are shown on the Website or during the ordering process. These may change from time to time and vary from country to country. In addition, we reserve the right not to offer certain payment methods in individual cases and to refer to other payment methods used by us (for example, to protect our credit risk only those that correspond to the respective credit rating).

By choosing the means of payment, the customer authorizes the payment either by entering credit card data or access data of a payment service provider. The customer authorizes us to accept or collect payments by the appropriate means. Should there be a chargeback, we shall be entitled to reimbursement of the associated costs and bank processing fees. Furthermore, FibuMAR Handelsgesellschaft AG shall not be liable for any fees or other amounts that your card issuer or your bank may charge you as a result of processing your payment in accordance with your order.

If you pay with a credit card or an alternative payment method, we reserve the right to check the validity of the card, to check the availability parameters for collection and the address details and to request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If payment is refused, we reserve the right to cancel the order and stop shipping the products. In this case we will contact you immediately.

If the payment method is "bank transfer in advance", the customer will receive the bank details of FibuMAR Handelsgesellschaft AG to be used for the payment together with the e-mail order confirmation. The ordered goods will be shipped to the customer only after the invoice amount has been received on our bank account. If you choose the payment "bank transfer in advance" and we do not receive the payment, we reserve the right to cancel the order after 14 days and stop shipping the products.

In the case of payment by invoice, the customer will receive the invoice with the bank details of FibuMAR Handelsgesellschaft AG. Payment must be made using the payment slip within the payment period indicated on the invoice. If payment is not made on time, we shall be entitled to charge its expenses for each reminder of at least CHF 50.00 and other costs associated with the collection, as well as the statutory default interest. Should it become necessary to initiate debt collection, we will charge an additional processing fee of at least CHF 200.00.

6. Delivery Conditions

The delivery is generally made by the delivery services of the Swiss Post Ltd. and Liechtensteinische Post AG as well as FedEx and DHL. Furthermore, depending on the delivery region, additional shipping service providers may be involved. The desired delivery service can be defined during the ordering process. The costs incurred are paid in advance according to the regular payment conditions (5.).

The products you order from our Online Shop and which are in stock will be delivered to you within 1 to 10 working days after receipt of full payment, depending on the destination. You can use the shipment number provided by us at the time of shipment confirmation to track the current location of your order. We cannot accept any responsibility or liability for the accuracy of the tracking because it is carried out and controlled by the particular delivery service chosen. If the products are marked as out of stock when you place your order, we will endeavor to deliver the products as soon as possible. We will make every effort to meet the delivery times indicated.

However, regardless of the cause, we cannot accept any responsibility for delays in delivery. Delays can be caused, for example, by the customs clearance process of the goods, due to a delivery to a remote delivery area, etc.

International shipping to certain countries is subject to delivery restrictions and not all items may be shipped to all countries. It is your responsibility to ensure that the product can be legally imported into the country of destination, to familiarize yourself with local conditions and, where necessary, to contact the local authorities. The customs authorities of the respective country of destination may open and search packages for inspection, over which we have no control.

The customer is responsible for the acceptance of the shipped goods. If the goods cannot be delivered, we can withdraw from the contract. The purchase price paid by the customer to the seller will be refunded to the customer minus our actual expenses (shipping and return shipping costs as well as additional fees that have been and will be incurred, for example, in the transactions).

7. Retention of Title

FibuMAR Handelgesellschaft AG remains the owner of the delivered products until they have been paid in full.

8. Right of Revocation and Return of Goods

Requirements

For all purchases of our products via our Online Shop (with the exception of certain products; cf. the restrictions about revocation below), you as a consumer have the right of revocation within 14 days of receipt of the products without giving reasons. You may withdraw from the contract within 14 days of receipt of the goods or a third party named by you, who is not a carrier, by returning the goods to us or by informing us in writing (e.g. a letter, e-mail or fax sent by post) of your decision to withdraw from the contract. The 14-day return period begins on the day after receipt of the goods and is deemed to have been observed if the goods or the notice of cancellation are handed over to the post office or another transport company for return or dispatch on the last day.

The prerequisite for exercising the right of withdrawal is that you return the goods to us unused, complete, and intact, in the original packaging. The goods must be returned to the following address:

Company: FibuMAR Handelsgesellschaft AG
Street, no.: Rinkenwingert 34
Zip Code, city: 9492 Eschen
Country: Principality of Liechtenstein
Phone: +423 340 80 80
E-mail: info@mar-nautic.com

Consequences of the revocation

If you revoke the contract, and if the goods are properly returned, we will refund the total price paid by you, including the shipping costs.

This excludes priority and freight forwarding shipping solutions, the amount of which we will deduct from the total price we refund to our customers. Furthermore, we reserve the right to deduct the shipping costs incurred from the refund amount for shipping services with a shipping country outside of Switzerland, Liechtenstein and the EU area (with the exception of EU overseas territories).

The total price, subject to the above deductions, will be refunded immediately and no later than 10 days from the date on which the goods to be returned have been received by us.

Refunds will be made according to the method of payment originally used and will always be paid to the relevant account used for payment, unless expressly agreed otherwise with you; in no event will you be charged for this refund. Please ensure that you have access to the account specified, as we accept no liability in this regard.

We may refuse to refund until we have received the goods back.

You will only be liable for any loss of value of the goods if such loss of value is resulting from the handling of the goods other than what is necessary to ascertain their condition, properties, and operation.

Restrictions on withdrawal

The right of revocation does not apply to the following contracts:

for the delivery of products that have been individualized according to your own specifications or that are clearly tailored to your needs (so-called customer-specific, individualized products) (examples: hose made/cut to measure, electric cables made/cut to measure, etc.);
for the delivery of products which FibuMAR Handelsgesellschaft AG does not have in stock and which are ordered from the manufacturer exclusively at the customer's request for the same customer;
if the delivery includes products that have been packaged in such a way that they cannot be resold after the container/packaging has been opened or the seal has been removed (examples: cleaning and preservation products, adhesives, etc.);
if the delivery concerns products that are not suitable for return for health or hygiene reasons and whose packaging has been opened after delivery.

We reserve the right to restrict cancellation in the following cases:

We reserve the right to deduct 20% of the sales price to be refunded in the event of cancellation in the case of comprehensive planning and consultation.

9. Notice of Defects, Warranty

We warrant that the goods correspond to the warranted characteristics and that they have no defects that could affect their value or their suitability for the intended use.

Upon receipt of the products, the customer must check them immediately for correctness, completeness, and possible damage. Any errors or damage must be reported to us within 5 working days. If the packaging and/or the item is damaged upon delivery, we ask you to complain to the delivering personnel of the shipping service provider and have the complaint and defects confirmed in written form by this person.

Defects that could not be discovered during a proper inspection and only occur later must be reported in writing immediately after their discovery. If you do not inspect the defect or notify us immediately, the goods shall be deemed approved and you shall no longer be entitled to assert any claims against us.

The statutory warranty regulations against manufacturing defects/material or production faults apply. The warranty period is 2 years from receipt of the product. Excluded from the warranty are products that have been damaged through the buyer's own fault such as improper installation, inadequate or incorrect maintenance, improper operation, any kind of damage, etc.

The customer's warranty claims are limited to replacement delivery or remedy of defects/repair under exclusion of all other claims, in particular reduction or replacement of indirect and consequential damages. We decide at our own discretion about replacement delivery or rectification of defects. If subsequent delivery or rectification of defects fails, the customer shall be entitled in the event of significant defects to withdraw from the contract.

For notification of complaints or service questions, please contact us at the following address with the order number, customer number, a description of the fault and other helpful information:

FibuMAR Handelsgesellschaft AG, Rinkenwingert 34, 9492 Eschen, Principality of Liechtenstein, Phone: +423 340 80 80, E-mail: info@mar-nautic.com

The defective product must be returned to the above-mentioned address of FibuMAR Handelsgesellschaft AG with a copy of the invoice and a detailed description of the defect. The return of a product is at the expense and risk of the customer. Please have your return confirmed and keep this confirmation, as your warranty claim cannot be processed if the package is lost.

10. Registration for an Account

When registering for a customer account you can find information about your completed, open and recently shipped orders and manage and store your address data and any payment data.

If you register for such an account, you are responsible for ensuring that the personal data required for registration is provided truthfully and completely. You are obliged to treat the personal access data confidential and not to make it available to unauthorized third parties. We guarantee to treat your data confidential and not to pass them on to unauthorized third parties. Further information on data protection can be found in our data protection declaration under Privacy Policy.

The registration is free of charge. Each customer is entitled to maintain a maximum of one customer account. We reserve the right to delete several applications and to warn, block or delete or change the content of registered customers who violate these terms and conditions or individual agreements.

We are not obliged to accept the registration or order of a registered customer.

11. Complaints and Claims

We attach great importance to customer satisfaction. You can reach us at any time using the contact information provided at the beginning of this terms and conditions. We endeavor to investigate your enquiries and complaints as quickly as possible and will contact you after receiving the documents or your submission or complaint. If you have any complaints or claims, please help us by describing the exact problem or errors and, if necessary, provide a copy of the order documents or at least indicate the order number, customer number, etc. We will endeavor to reply to you within 5 working days.

12. Liability

We are liable for breach of its own obligations arising from these GTC and the contractual relationships based on them for damages caused and proven through unlawful intent or gross negligence.

Liability is expressly excluded for slight and medium negligence as well as for indirect and consequential damages, whether based on a contract, an unauthorized act or for any other reason. Indirect damage includes, for example, loss of profit, financial loss, damage to reputation or loss of data due to temporary impairment or interruption of the availability of our services. Furthermore, we accept no contractual or non-contractual liability for damage caused by auxiliary persons who are used to provide the service.

The above mentioned exclusions and limitations of liability shall not apply in the event of mandatory statutory regulations. In the event of a liability claim against FibuMAR Handelsgesellschaft AG, its maximum total liability under these GTC, regardless of the reason, is limited to the price of the goods that the customer ordered from us.

Matter beyond our control

In the event of a matter beyond our control (so-called force majeure), we do not assume any liability or responsibility for the non-fulfilment or delayed fulfilment of any obligations arising from these GTC and the contractual relationship based on them. An event outside our sphere of influence is considered, for example, in the following cases:

Strikes, closures or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks or the inability to use rail, shipping, air, road or other means of public or private transport.

Should an event occur outside our sphere of influence which affects the fulfilment of our obligations within the contract, we will inform you about it at the earliest possible time.

13. Data Protection (Privacy Policy)

We collect and process personal data only within the framework of the legal provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our data protection notice under Privacy Policy, which forms an integral part of these GTC.

14. Copy Right

The information and content published on the Website are protected by copyright and are the property of FibuMAR Handelsgesellschaft AG or the respective rights holder. Reproduction, processing, distribution, or any other form of exploitation requires the prior written consent of the respective rights holder. FibuMAR Handelsgesellschaft AG and the respective rights holder expressly reserve all rights in this respect.

15. Severability Clause

If one of the provisions of these terms and conditions is or becomes illegal, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision which takes the economic purpose of the provision and the will of the parties at the time of the conclusion of the contract into account as far as possible. The same applies to possible loopholes in these GTC.

16. Applicable Law and Venue

These GTC, the contractual relationships based on them and any disputes shall be governed exclusively by Liechtenstein substantive Law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The place of jurisdiction for natural persons and legal entities is the registered office of FibuMAR Handelsgesellschaft AG.