Terms and conditions
General terms and conditions (03.12.2016)
§ 1 General
a) Area of Validity
The following General Terms and Conditions shall be valid at the time of closing the contract for all business relations on www.boat.ag between deluxe Marketing UG (haftungsbeschränkt), Gaisbühlstrasse 68, 91056 Erlangen, owner: Ms. Nadja Tscherner (hereafter called: boat.ag) and commercial dealers (hereafter called: dealers) of boats, yachts, trailers, equipment and accessories, and berths (hereafter called: boat). General Terms and Conditions to the contrary are explicitly objected to. If the General Terms an Conditions are translated into another language, the German version shall apply in the event of any ambiguity about their content.
b) Contract Agreement
Contract language is German. Contracts are not made with end users. This portal is exclusively for commercial dealers.
c) Changes of General Terms and Conditions
boat.ag reserves the right to change these General Terms and Conditions at any time by observing an appropriate announcement period of at least six weeks. The announcement shall take place through publication of the modified General Terms and Conditions by specifying the time and date on the Internet when the website change on www.boat.ag took place. If the supplier does not object within six weeks after publication, then the modified General Terms and Conditions are considered accepted. The meaning of this six-week-period is pointed out separately in the announcement of changes.
In the event of a timely objection by the supplier against the modified General Terms and Conditions within this period, boat.ag, by keeping the valid interests of the supplier, is entitled to cancel the existing contract with the supplier at the moment when the changes take place. The supplier’s respective contents shall be deleted from the database. The supplier cannot make any claims and hold boat.ag liable.
§ 2 Registration
a) Closing of Contract
By submitting a completely filled-out application form (email, fax, contact form), the dealer submits his quote to use boat.ag’s database. The acceptance takes place in text form through boat.ag’s expressed quote acceptance. At first, a contract agreement only exists for a free trial month (see § 6c) and ends automatically on the last day of the month. During this trial month, the dealer has the opportunity to purchase a fee-based premium membership via his dealer account (see § 6).
The dealer’s contract rights cannot be transferred. The password which allows the dealer access to his personal area as well as entering data, is to be treated with strict confidentiality and may not be passed on to third parties under any circumstances.
The dealer takes care of suitable and appropriate measures to prevent knowledge of his password towards third parties.
c) Use of data by the dealer
Furthermore, the dealer commits themselves, not to forward the information to third parties as presented in the quote in boat.ag’s technical form. Based on the quote, the dealer is obliged to use the information received through further enquiries only in conjunction with the specific, intended transaction. Every transfer of information to third parties or use of information for other purposes is prohibited.
§ 3 Dealers’ Responsibility
a) Content of quotes
The dealer is obliged to enter only serious and reputable quotes and to carefully and truthfully collect the information transmitted to boat.ag concerning this quote, and to deactivate those without delay if the offered boat is no longer available (i.e. through sale or reservation). Additionally, the dealer is obliged to offer only those kinds of quotes which are in their own inventory or for which they are the authorized agent. The dealer is exclusively responsible for the content and accuracy of the data submitted. For the purpose of decision making, the dealer must truthfully show all substantial characteristics and features of the boat offered. They also agree furthermore not to transmit data with content which harms third party rights (i.e. personality rights, rights to names, trademark rights, copyright rights etc.) or which infringes against existing laws.
The supplier holds boat.ag free from all claims which are made by third parties for such breaches against boat.ag. This includes also expense reimbursement in the case of necessary legal representation.
c) Misusage of designed quotes
Quotes designed solely for the purpose of winning interested parties’ attention are considered misusage and will be deactivated or deleted without any prior notice by boat.ag. Such representations of quotes are given in the following case, i.e.:
- False and/or erroneous details concerning the quotes,
- Quotes are misused as advertisements for one’s own company
- Searching parties’ attention is drawn to a quote through incorrect or even false representation of details
(including but not limited to incomplete quotes, false descriptions)
- Forwarding of interested parties to fee-based Internet or telephone service (esp. +49 (0) 190- or (0) 900-numbers),
- Contact details are only provided after a fee-based registration is submitted.
§ 4 boat.ag’s Services
a) Publication of quotes
boat.ag will publish the submitted quotes made available to interested enquirers online based on the data transmitted via the Internet. The selection of suitable enquirers and suitable quotes resides with boat.ag. For this purpose, dealers’ advertisements are also forwarded with all published data to third parties (i.e. other sales portals) so advertisements will have a larger reach.
b) Further development of services/availability
boat.ag desires to adjust its services to current technical developments and current market developments. boat.ag reserves therefore the right to make changes to the agreed services as far as such changes do not hinder the core services and are acceptable through consideration of the contract partner’s interest. The database is guaranteed in the context of the technical and business capabilities under consideration of the dealers’ interest whereas at times temporary limitations in an acceptable range are possible (i.e. server maintenance, technical incidents).
c) Use of quotes through boat.ag
With the input of content into the database, the dealer grants boat.ag the right to use such content for an unlimited time and for the required methods of use by entering and keeping them available in the database and accessing them through third parties, esp. to save and store content, to copy, to keep available, to distribute, to publish and to make publicly available, even through or in form of marketing means by boat.ag or marketing means of third parties.
Additionally, boat.ag is given the right to edit content, esp. when it does not meet the above-mentioned requirements of these General Terms and Conditions.
d) Data storage
Data provided by customers to boat.ag is stored and edited based on the aforementioned, customized order and its specific purposes. boat.ag shall follow the usual data protection regulations.
e) Customer ratings
boat.ag carries out a dealer rating system. The dealers are rated by the enquirers. The ratings received are published by boat.ag without the respective dealer’s consent. boat.ag is not liable to the dealer for damage resulting from these ratings.
§ 5 Guarantee, Liability
Guarantee claims towards boat.ag are limited to subsequent performance. Should subsequent performance fail, the dealer can withdraw from the contract in accordance with § 634 No. 3 BGB (Bürgerliches Gesetzbuch/German Civil Code) or lower the compensation and demand damages in accordance with § 634 No. 4 BGB (Bürgerliches Gesetzbuch/German Civil Code) or the replacement of wasted expenditure. A right to self-help in the sense of § 634 No. 2 BGB is only given after failed subsequent performance, as far as this is possible for the dealer in a regular manner by the means of boat.ag’s supplied software tool.
b) Liability for damages
boat.ag is fully liable based on the statutory warranty regulations for damages which result from pre-meditated or grossly negligent behavior by boat.ag or its performing agents. The same goes for damage to persons or damage per product liability law. Furthermore, boat.ag’s liability is limited to damages claims – based on whatever legal grounds – by measure of the following regulations:
boat.ag is only liable for slightly negligent damages, as far as they are based on the breach of contract essential duties (cardinal duty). Cardinal duties are such contractual duties, which only through fulfillment make the orderly execution of the contract possible and in which the principal could trust. As far as boat.ag is liable for simple negligence afterwards, boat.ag’s liability is limited to typically foreseeable damages.
boat.ag is not liable for damages resulting from interruption of services (i.e. bomb threats), esp. as consequence of Acts of God/force majeure, riots, wars, natural catastrophes or through other events it does not represent (i.e. strikes, lock-outs, traffic problems, order of higher authority domestically or abroad).
§ 6 Compensation and contract period
Prices and products for the individual boat.ag services are based on the price list valid at the time of the placing the individual order and the product range. Prices are valid in addition to the in some cases applicable Value Added Tax/Sales Tax. In case of an automatic contract length extension, the compensation is determined by the amount of time added to the original contract length and its products; these become valid to the customer two weeks prior to the extension date.
Payments are due immediately upon receipt of invoice. In case of delay of payment or deferment of payment, statutory interests are calculated. Boat.ag also reserves the right to withhold its own contractual performance up until the end of the delay. Costs are forwarded, which occur due to the collection of the liability or through charge backs.
The dealer is insofar allowed to execute a right to withhold as his counter-claim is based upon the same contract agreement.
c) Free trial month
The free trial month begins with the registration date and ends without further notice. A dealer can only use the free trial month once.
d) Length of contract
The paid length of contract is 12 or 24 months after receipt of application acceptance by boat.ag. The contract can be canceled in writing by the end of contract length with a period of four weeks prior to the end of the respective contract length. The right of immediate cancellation without notice due to important reason remains unaffected by this. If the contract agreement was not canceled by the end of the contract term, the length of contract extends in each case by a year.
§ 7 Final clauses
a) Place of Jurisdiction
It is agreed that the exclusive place of jurisdiction for all litigation proceedings based on this contract shall be the registered office of boat.ag in Nürnberg/Nuremberg, insofar as the dealer is a merchant, legal entity under public law or special fund under public law, or insofar as the dealer does not have a place of jurisdiction in the Federal Republic of Germany.
b) Governing Law
Unless mandatory legal provisions based on the dealer’s right of domicile do not prevent it, it shall be agreed upon that German law shall valid excluding the UN Convention on the International Sale of Goods.
c) Severability Clause
Should individual terms of this contract become invalid or ineffective, it shall not infringe on the validity of the remaining General Terms and Conditions.