General Terms and Conditions of greenboatsolutions UG (haftungsbeschränkt)

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.

I. Scope

1. The General Terms and Conditions (GTC) of greenboatsolutions UG (haftungsbeschränkt) (hereinafter "greenboatsolutions") are divided into a general part and separate provisions for individual services. Unless otherwise expressly regulated, the provisions of the general part (A) apply in addition to the provision of the separately listed services.

2. Our GTC apply to all current and future business between us and our customers. Our GTC apply exclusively; we do not recognize conflicting or deviating from these GTC conditions of the customer, unless their validity was previously expressly agreed. This shall also apply if we do not expressly object to the customer's terms and conditions. The terms and conditions apply in the version valid at the time of the conclusion of the contract.

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

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

II. Choice of Law and Jurisdiction

1. German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

2. The exclusive place of jurisdiction for all disputes arising from the business relationship between us and our customer shall be Berlin. We are also entitled to bring an action at any other permissible place of jurisdiction.

III. Contractual Partner

1. The contractual partner of the buyer is always the respective seller upon conclusion of a purchase contract. Products that are sold via the online store of greenboatsolutions can be added directly to the shopping cart. For all products that can be ordered directly through the store, greenboatsolutions UG (haftungsbeschränkt) acts as the contractual partner. This is a "direct sale".

2. In addition to direct sales, greenboatsolutions works with various cooperation partners to customers qualitatively and quantitatively best possible to be able to pass on. Our cooperation partners include manufacturers of the compared products, their dealers and sales representatives and other service providers (for example, boat builders and shipyards, and others).

greenboatsolutions compares different hardware solutions and services according to the specifications of the customer. Subsequently, the customer can receive an offer directly from greenboatsolutions or is referred to the specific cooperation partner. Products of cooperation partners are marked as such and can be requested, but not ordered directly via the online store. With the request, the user agrees that the contact information can be forwarded to the corresponding cooperation partners.

IV. Product descriptions, prices and other information

1. We always strive to publish all information provided on our homepage free of errors and up to date. For this purpose, we rely on the provision of information from our cooperation partners. Therefore, no responsibility is taken for the accuracy and timeliness of the information provided, which we receive from third parties or other external sources.

2. Essential characteristics as well as the nature of the products presented result from the product descriptions provided by our cooperation partners and the associated technical data sheets or guidelines. We do not guarantee the accuracy and completeness of the product descriptions.

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

4. All prices stated on the website are subject to change. Price changes communicated by the cooperation partner we will immediately incorporate into our portal.

V. Liability

1. We assume no liability for damages resulting 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 than provided for in the following terms and conditions - without regard to the legal nature of the asserted claim - is excluded: We shall be liable without limitation in accordance with the statutory provisions

a) for damage to life, limb and health resulting from a negligent or intentional breach of duty, as well as

b) for damage that cannot be excluded under mandatory statutory provisions (ProdHaftG), as well as

c) for damage, which are based on intentional or grossly negligent breaches of contract as well as fraudulent intent,

d) for damages resulting from the breach of a warranty,

e) for damages resulting from the breach of a material obligation that is essential to achieve the purpose of the contract (cardinal obligation).

1. In all other cases, the following shall apply: In other cases of gross negligence attributable to us, the amount of the damage to be compensated is limited to the contract-typical and foreseeable damage. In the case of simple negligence, we shall only be liable in the event of culpable breach of cardinal obligations and only in the amount of the typical and foreseeable damage.

2. We assume no liability for the constant accessibility of our homepage. Furthermore, we assume no liability in the event of a malfunction, 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 item "Privacy Policy", we provide information about where we collect information from you during the use of our homepage and when using our services and how we use it.

3. We expressly point out to our customers that the Internet does not allow absolute data security despite technical precautions. Therefore, no liability is assumed for the actions of third parties.

VII. Miscellaneous

1. We reserve the right to update and adjust these terms and conditions at our reasonable discretion at reasonable intervals. The respective current version shall apply.

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.

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.

1. contracting party, conclusion of contract, correction options

a) The purchase contract is concluded with greenboatsolutions UG (haftungsbeschränkt).

b) The presentation of the products in the online store does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the ordering process. By clicking the order button, you place a binding order for the goods contained in the shopping cart. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.

c) When the contract with us is concluded, depends on the payment method you have chosen:

Pre-payment (Sepa transfer): You will receive an automated confirmation that we have received your message. Therein is also the payment information for the transfer. However, we accept your order only by sending a declaration of acceptance in the form of an order confirmation and invoice in a separate e-mail within two business days. It may happen that we reject your request due to short-term stock shortages.

PayPal, credit card (Visa/Master), Klarna, Sofortüberweisung: You will receive an automated confirmation that we have received your message and payment. We accept your order by sending a declaration of acceptance in the form of an order confirmation and invoice in a separate email within two business days. We may reject your request due to short-term stock shortages.

d) A sales contract is not concluded until the buyer settles the invoice on the specified payment terms in due time and the seller confirms it with an order confirmation and invoice.

2. Contract language, contract text storage

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

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

3. Terms of Delivery

In addition to the stated product prices, shipping costs may apply. More detailed provisions on any applicable shipping costs can be found on product pages, in the shopping cart or on request. Click on "Shipping" for this.

You basically have the option of picking up at greenboatsolutions UG, Rudower Straße 20, 12557 Berlin, Germany during the following business hours: by appointment, usually Mon - Fri from 10 am to 6 pm. Please call in advance, occasionally we are on site with our customers.

We do not deliver to packing stations.

4. Payment

In our store, the following payment methods are available to you in principle:

a) Prepayment:

If you select the payment method prepayment (Sepa), we will give you our bank details in a separate email and deliver the goods after receipt of payment.

b) PayPal

If you select the payment method PayPal, you will be redirected directly from our store to PayPal. Alternatively, we can also send you an invoice after an initial quote on which a link to PayPal is included. We deliver the goods after receipt of payment. To pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.

5. revocation

Consumers have a fourteen-day right of revocation.

6. right of revocation

You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, the last part shipment or the last piece in possession have taken or has.

To exercise your right of withdrawal, you must inform us (greenboatsolutions UG (haftungsbeschränkt), Rudower Straße 20, 12557 Berlin, Germany, mail@greenboatsolutions.de, phone: 030 6293 7808) by means of a clear statement (eg a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs. The delivery costs for the return shipment are generally borne by the consumer. We will issue a separate invoice for this or you will arrange the shipping yourself. Another exception are additional costs resulting from the fact that you have chosen a different method of delivery than the cheapest standard delivery offered by us. Please ask for the costs of forwarding deliveries in advance, these must be recalculated daily. The repayment will be made at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for the transaction because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods in the amount of € 75 EUR. You must pay for any loss in value of the goods only if this loss in value is due to a handling of the goods not necessary for testing the quality, characteristics and functioning of the goods.

Sample cancellation form

(If you want to revoke the contract, please fill out this form and send it back.)

To greenboatsolutions UG (haftungsbeschränkt)

Rudower Straße 20

12557 Berlin

Germany

mail@greenboatsolutions.de

I/we (*) hereby revoke 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 the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only in the case of communication on paper)

- Date (*)

Delete as applicable.

1. Retention of title

a) The goods remain our property until full payment. For entrepreneurs, the following applies in addition: we retain title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves, as long as you do not meet your payment obligations.

2. Transport damage

a) For consumers, the following applies:

If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and please contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance

b) For entrepreneurs applies:

The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the carrier, the freight forwarder or the person or institution otherwise designated to carry out the shipment. Among merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) shall apply. If you fail to give notice of defects as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable 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 defect liability law.

b) For the purchase of used goods by consumers applies:

If the defect occurs after the expiry of one year from delivery of the goods, the claims for defects are excluded. Defects that occur within one year from delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

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

d) For entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall apply as an agreement on the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering an item free of defects (replacement delivery).

e) The above restrictions and reductions in time periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents:

I. in the event of injury to life, limb or health

II. in case of intentional or grossly negligent breach of duty as well as fraudulent intent

III. in case of breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the fulfillment of which the contractual partner may regularly rely (cardinal obligations)

IV. within the scope of a warranty promise, if agreed, or

V. insofar as the scope of application of the Product Liability Act is opened.

f) Information on any applicable additional guarantees and their exact conditions can be found in each case with the product and on special information pages in the online store.

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

4. Dispute Resolution

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

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

5. Final Provisions

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

b) If you are a merchant within the meaning of the German 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 place of business.