Terms And Conditions
1. General
These Terms and Conditions apply to all offers, quotations, sales, and agreements between Seawave Marine (hereinafter referred to as “the Company”) and its customers, unless expressly agreed otherwise in writing. By engaging with the Company, you agree to these Terms in full.
These Terms also extend to the Company’s employees, management, and any third parties engaged in fulfilling agreements.
If any provision of these Terms is deemed invalid or void, the remaining provisions shall remain fully enforceable. In such cases, the Company and the customer will consult to agree on suitable replacement provisions that align as closely as possible with the original intent.
Any deviations from these Terms will only be binding if confirmed in writing by both parties. Failure by the Company to enforce strict compliance with these Terms does not constitute a waiver of its rights.
2. Offers and Quotations
All offers and quotations provided by the Company are non-binding unless explicitly stated otherwise. Offers remain valid for the duration specified, and the Company reserves the right to withdraw or revise offers if the related product becomes unavailable or due to unforeseen circumstances.
Prices listed in offers include VAT and applicable government levies unless explicitly stated otherwise. Shipping, administration, or additional fees will be transparently detailed.
Acceptance of an offer that deviates from its original terms must be confirmed by the Company to form a valid agreement. Offers and quotations are specific to individual transactions and do not automatically apply to future orders.
3. Agreement, Delivery, and Amendments
3.1 Formation of Agreement
An agreement is formed when the customer accepts the Company’s offer or quotation and the Company confirms the acceptance in writing or begins execution. Agreements are concluded for an indefinite period unless otherwise stated.
3.2 Delivery Times
Delivery times provided by the Company are estimates and not binding deadlines. If delays occur, the customer must provide written notice and allow a reasonable timeframe for the Company to fulfill its obligations.
3.3 Changes to the Agreement
If modifications to the agreement are necessary (e.g., due to customer requests or regulatory changes), the parties will agree on the adjustments. Any changes may affect the price, scope, or timeline. The Company will notify the customer in advance of any impact.
4. Right of Withdrawal
Customers have the legal right to withdraw from the contract within 14 days without providing any reason.
4.1 Withdrawal Period
The withdrawal period expires 14 days after the customer, or a third party designated by the customer, takes physical possession of the goods.
4.2 Exercising the Right of Withdrawal
To exercise your right, you must notify us of your decision by contacting:
Seawave Marine
Achtern Sand 17 a, 22559 Hamburg, Germany
Email: sales@seawavemarine.de
Phone: +49 1633 510593
You may use the attached withdrawal form (available upon request), though it is not mandatory.
5. Refund and Return Policy
5.1 Refunds
Refunds will be processed within 14 days after receiving the returned goods, using the original payment method. All returned items must be in unused, undamaged condition and in their original packaging to qualify for a refund.
5.2 Returns
Customers are responsible for return shipping costs unless the goods are defective or incorrect. To initiate a return, contact our Service Department at service@seawavemarine.de.
5.3 Non-Returnable Items
Certain items may not be eligible for returns, including custom-made products or goods explicitly marked as non-returnable at the time of purchase.
6. Warranty
6.1 Statutory Warranty
All goods sold by Seawave Marine are covered by a 2-year statutory warranty, in accordance with German law. This warranty ensures that the goods are free from defects at the time of delivery and perform as expected under normal use.
6.2 Manufacturer Warranty
In addition to the statutory warranty, Seawave Marine offers a 5-year manufacturer warranty on select products, covering defects in materials and workmanship.
6.3 Exclusions
The warranty does not cover:
- Improper or unauthorized use of the product.
- Modifications or repairs made by third parties without written consent.
- Damage caused by external factors such as weather, accidents, or improper maintenance.
For warranty claims, please contact service@seawavemarine.de.
7. Payment Terms
7.1 Payment Methods
The Company accepts payments via bank transfer, credit card, and other methods as specified during checkout.
7.2 Payment Deadlines
Payments must be made within 7 days of the invoice date unless otherwise agreed. Late payments will incur interest at a rate of 1% per month or the statutory rate, whichever is higher.
8. Liability
8.1 Direct Damages
The Company is liable only for direct damages resulting from its actions. Direct damages include:
- Costs of determining the cause and extent of damage.
- Costs incurred to mitigate or resolve the issue.
8.2 Indirect Damages
The Company is not liable for indirect damages, including loss of profit, revenue, or business opportunities.
8.3 Limitation of Liability
The Company’s liability is limited to the value of the order or the amount covered by its insurance policy. This limitation does not apply to cases involving gross negligence or intent or damages affecting life, health, or safety.
9. Retention of Title
All goods remain the property of Seawave Marine until full payment is received. Customers must ensure goods are stored safely and inform the Company of any third-party claims.
10. Force Majeure
The Company is not responsible for delays or non-performance due to circumstances beyond its control (e.g., natural disasters, government regulations). Obligations are suspended during force majeure events, and either party may terminate the agreement if the event persists for more than two months.
11. Dispute Resolution
In case of disputes, we strive to resolve matters amicably. Customers may also use the EU’s Online Dispute Resolution platform:
EU ODR Platform.
All agreements are governed by German law, excluding the Vienna Sales Convention.
12. Contact Information
For inquiries, support, or assistance, please contact us:
- Address: Achtern Sand 17 a, 22559 Hamburg, Germany
- Phone: +49 1633 510593
- Email: sales@seawavemarine.de
- Account Department: account@seawavemarine.de
- Service Department: service@seawavemarine.de