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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:

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Privacy Policy

Effective Date: 01 / 01 /2025

At Seawave Marine, your privacy is our priority. This Privacy Policy outlines how we collect, use, and protect your personal data in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. By using our website or services, you agree to the practices described in this policy.

1. Data Controller

The data controller responsible for your personal data is:
Seawave Marine
Address: Achtern Sand 17 a, 22559 Hamburg, Germany
Phone: +49 1633 510593
Email: sales@seawavemarine.de

For privacy-related inquiries, you may also contact our Data Protection Officer (DPO) at service@seawavemarine.de.

2. Definitions

For the purposes of this Privacy Policy:

  • Personal Data: Any information that identifies or can identify you, such as your name, email address, and payment details.
  • Processing: Any action performed on personal data, such as collection, storage, use, or sharing.
  • Controller: Seawave Marine, which determines the purposes and means of processing personal data.

3. Personal Data We Collect

We collect the following types of personal data:

  • Contact Information: Name, email address, phone number, and postal address.
  • Order Information: Billing and shipping details, order history, and payment information (processed securely).
  • Account Details: Login credentials for registered accounts.
  • Technical Data: IP address, browser type, device details, and cookies.
  • Communication Data: Emails, messages, or inquiries sent to our customer service team.

4. How We Use Your Personal Data

We process your data for the following purposes:

  • Order Fulfillment: To process and deliver your orders, including payments, shipping, and returns.
  • Customer Support: To respond to inquiries, manage warranty claims, and provide assistance.
  • Marketing: To send newsletters, promotional offers, and product updates (only with your explicit consent).
  • Improving Services: To analyze website usage and enhance user experiences.
  • Legal Compliance: To comply with tax, accounting, and legal obligations.

5. Legal Basis for Processing

We process your personal data based on the following legal grounds:

  • Contractual Necessity: To fulfill agreements, such as processing orders and delivering goods.
  • Legitimate Interests: To improve our services and protect against fraud.
  • Consent: For marketing communications, which you can withdraw at any time.
  • Legal Obligations: To comply with regulatory requirements.

6. Sharing Your Personal Data

We may share your personal data with:

  • Service Providers: Payment processors, shipping companies, and IT support providers.
  • Legal Authorities: When required by law or to protect our rights.
  • Business Partners: In the event of a merger or business transfer.

When sharing data with third parties outside the EU/EEA, we ensure compliance with GDPR through safeguards such as Standard Contractual Clauses (SCCs).

7. Data Retention

We retain your personal data only for as long as necessary:

  • Order Data: Retained for 10 years to comply with tax regulations.
  • Marketing Data: Retained until you withdraw consent or after 2 years of inactivity.
  • Support Queries: Retained for 1 year after resolution.

Once data is no longer needed, it will be securely deleted or anonymized.

8. Your Rights

Under GDPR, you have the following rights:

  • Access: Request a copy of your personal data.
  • Rectification: Request corrections to inaccurate or incomplete data.
  • Erasure: Request deletion of your personal data.
  • Restriction: Request limitations on how we process your data.
  • Portability: Request your data in a structured, machine-readable format.
  • Objection: Object to data processing, particularly for marketing purposes.
  • Withdraw Consent: Revoke your consent for processing activities.

To exercise your rights, contact us at sales@seawavemarine.de.

9. Cookies and Tracking Technologies

We use cookies to enhance your browsing experience and analyze website usage. Cookies fall into the following categories:

  • Essential Cookies: Necessary for website functionality.
  • Analytics Cookies: Help us understand user behavior.
  • Marketing Cookies: Deliver personalized ads and promotions.

You can manage your cookie preferences in your browser settings or refer to our Cookie Policy.

10. Automated Decision-Making

We may use automated systems to detect fraudulent activities or provide personalized recommendations. These decisions are based on predefined criteria. You may request human intervention if you disagree with an automated decision by contacting us.

11. Data Security

We implement robust measures, including encryption and secure servers, to protect your data from unauthorized access, loss, or misuse.

12. International Data Transfers

When transferring personal data outside the EU/EEA, we use GDPR-approved mechanisms, such as Standard Contractual Clauses (SCCs), to ensure your data remains protected.

13. Right of Withdrawal

You may withdraw from this contract within 14 days without giving a reason. To exercise your withdrawal right, contact us via:
Seawave Marine
Achtern Sand 17 a, 22559 Hamburg, Germany
Email: sales@seawavemarine.de
Phone: +49 1633 510593

You may also use our withdrawal form, available upon request.

14. Updates to This Policy

We may update this Privacy Policy to reflect changes in our practices or legal requirements. The latest version will always be available on our website, with the effective date clearly indicated.

15. Contact Information

If you have questions or concerns regarding this Privacy Policy, please contact:
Seawave Marine
Address: Achtern Sand 17 a, 22559 Hamburg, Germany
Phone: +49 1633 510593
Email: sales@seawavemarine.de

You also have the right to file a complaint with your local data protection authority. In Germany, this is the Federal Commissioner for Data Protection and Freedom of Information (BfDI).

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