Downwind sails

General Terms and Conditions

1. general
Production and deliveries are carried out exclusively in accordance with the following terms and conditions. By placing an order, the customer accepts the following terms and conditions of manufacture, sale and delivery.
All verbal agreements and declarations shall only become part of the contract if they have been agreed in writing or confirmed by us in writing.

2. offer
Our offers are always subject to change and non-binding. Illustrations, drawings, information on weight, dimensions, shape, stability and performance are only approximate unless they are designated as binding in writing. Dimensions provided to us by customers shall be deemed binding for us. We are not obliged to check them. We reserve the right to make changes to the design, provided that this does not result in a reduction in use.

3. prices and shipping
The prices according to the order confirmation/invoice shall apply. If the order cannot be processed within 2 months of the order being placed for reasons for which the buyer is responsible (e.g. missing dimensions, etc.), the price may be adjusted to the changed cost factors. Any fall discount granted may lapse for the above reasons.
Unless otherwise agreed, the prices refer to materials, fittings and accessories that are normally used by us. We reserve the right to make changes in this respect. Unless otherwise agreed, prices are ex works Prien and do not include insurance, packaging, freight, transportation and installation or assembly. All items to be dispatched will, if desired, be insured against loss and damage in transit at the recipient's expense.
Unless otherwise agreed, dispatch shall in all cases be at the expense and risk of the customer or recipient. We decide on the type and method of shipment, except in the case of special instructions from the customer. We reserve the right to make partial deliveries if this appears advantageous for speedy processing.

4. delivery time and delivery
Delivery times shall commence on the date of our acceptance of the order or on the date of receipt of the written order placement by the customer, but not before all details of execution have been clarified. Force majeure and unforeseen events beyond our control or sphere of influence, such as operational disruptions, production rejects and the like in our own operations or those of our subcontractors, shall extend the delivery time appropriately, even if they occur during a delay in delivery. In the event of the aforementioned delay in delivery, claims for damages as well as the customer's right of withdrawal are excluded.
If “personal collection” is agreed and the collection date is exceeded by 14 days, we are entitled to send the goods to the customer at his expense.
5. Terms of payment
50% of the respective purchase price must be paid in advance (= down payment) when the order is placed/invoice is issued, the remainder of the purchase price is due upon receipt of the delivery. The latter so-called remaining purchase price is payable within 14 days. Deliveries abroad are only made against advance payment.
The execution of the order shall be postponed until the down payment amount has been received. If the down payment is not made within 14 days, we are entitled to withdraw from the order or purchase.
If the agreed payment deadline is exceeded, we are entitled to charge interest on arrears at a rate of 7% above the respective discount rate of the Deutsche Bundesbank.

6. warranty
The buyer must inspect the delivered goods immediately. Notice of defects may only be given to us in writing within one month of the date of delivery, stating the exact nature of the defects. If the goods are delivered in the fall or winter, when it is not possible to check the condition and workmanship of the sails, the warranty period begins on the following May 1st. The goods must be sent to us immediately and free of charge for inspection of the defects. If the complaint proves to be justified, we must be given the necessary time and opportunity to repair or replace the goods. If the repair or replacement delivery fails, the customer may demand a reduction in payment or withdraw from the contract. Further claims are excluded. We are liable for defects in the deliveries by replacing or repairing free of charge those parts which become unusable within 24 months as a result of material or processing defects when used in accordance with the regulations.
The claim to rectification of defects does not apply if the defect has been caused or increased by improper self-help or external help.
The original purchase contract and the associated warranty period apply to repaired goods or replacement deliveries, even if the customer has made an additional payment.
You receive a warranty of 12 months for the shape and condition of the delivered items. No liability is accepted for damage due to natural wear and tear or for consequential damage. Further warranty and compensation claims by the buyer are excluded.




7. export
Export only takes place against advance payment. In principle, VAT is charged if the customer wishes to take the goods abroad himself. VAT will only be refunded if a forwarding agent is involved in customs clearance at the border and we receive the stamped “export declaration” (AE) and/or a “forwarding certificate” for “VAT purposes”. VAT-free invoicing only takes place if the delivery is an export transaction from the outset. According to the relevant regulations, an export of articles for watercraft is fulfilled if:
the recipient is a company or person with a permanent address abroad and the shipment is carried out by post, rail or forwarding agent. Transportation across the border by the customer himself is not considered an export (unless the customer engages a forwarding agent at the border to handle the customs formalities and we receive a “forwarding agent's certificate” from him, see above).
If a T2 or similar document required for proof of export is not received by the controlling customs office despite the involvement of a forwarding agent or shipment by a forwarding agent and the customs security provided by the forwarding agent is claimed and reclaimed by us, we shall be entitled to reclaim the VAT and/or the security claimed from the customer even after 3 years.

8. data storage
We comply with the requirements of the European General Data Protection Regulation (EU GDPR). The privacy policy applies to the handling of personal data. You can request this from us at any time or view it on the website:
www.fritz-segel.com/impressum/datenschutz.html


9. retention of title
The delivered goods shall remain our property until full payment has been made. The recipient is entitled to dispose of the reserved goods in the ordinary course of business. Further dispositions (pledging, transfer by way of security or sale after suspension of payment) are not permitted. We must be notified immediately of any seizure of the goods subject to retention of title, enclosing a copy of the seizure protocol.
If the customer sells goods subject to retention of title on credit, the resulting purchase price claims shall be deemed assigned to us as soon as they arise. The customer shall be authorized to collect the claims until he is prohibited from doing so by us due to his default in payment or deterioration of assets. In this case, our customer must, upon request, submit a declaration of assignment and a confirmation of his reservation of title to third parties for each individual claim.

10. applicable law, place of jurisdiction
The contractual relationships are subject exclusively to the law of the Federal Republic of Germany. The application of international sales law is excluded. The place of jurisdiction for registered traders, for persons who do not have a general place of jurisdiction in Germany and for persons who have moved their domicile or habitual residence abroad after conclusion of the contract or whose domicile or habitual residence is unknown at the time the action is brought is Rosenheim.