Scope
These General Terms and Conditions (hereinafter referred to as “GTC”) of Port Supply Services | 154, Rue de Rome, 13006 Marseille France (hereinafter referred to as “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with us as the seller via our online shop https://shop.port-supply-services.com (hereinafter referred to as “Online Shop”) with regard to the goods presented by us in our online shop. Unless expressly agreed otherwise, the customer’s own terms and conditions do not apply, even if we do not specifically object to their validity in individual cases.

A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

Conclusion of contract
1. Communication and order and contract processing takes place exclusively via email and/or by post. If you have any questions, please use our contact page. You will receive a response to all inquiries via email within 24 hours. In the case of urgent matters, the customer will also be contacted personally. After the third order, each customer is automatically assigned a clerk and the necessary contact details with a direct dial number are made available via email.
2. The product representations contained in the seller’s online shop do not represent binding offers from the seller, but serve to submit a binding offer by the customer.
3. By placing an order via the online order form integrated into the seller’s online shop, the customer can submit a binding offer to purchase the product in question. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the final button “Buy now”, which completes the ordering process.
4. The seller can accept the customer’s offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or email) (the decisive factor here is the receipt of the order confirmation by the customer), or by delivering the ordered goods to the customer (the decisive factor here is the receipt of the goods by the customer). In case of doubt, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within this period, this is deemed to be a rejection of the offer and the customer is no longer bound by his declaration of intent.
5. The text of the contract is saved by the seller and sent to the customer in text form after his order has been sent, along with these General Terms and Conditions. In addition, the contract text is archived on the seller’s website and can be accessed free of charge by the customer via their password-protected customer account in the log-in area, provided that the customer has created a customer account in the seller’s online shop before sending their order. The customer can view, download, print or save the General Terms and Conditions at any time – even before the contract is concluded – using the General Terms and Conditions link. The contract language is available in German / French / English and Italian.
6. As part of the electronic ordering process, the customer can avoid possible input errors by reading carefully and using the browser’s zoom function if necessary. Until the order button is finally pressed, i.e. the order process is completed, the entries can be corrected using the keyboard and mouse functions.

Prices and payment terms
1. All prices in the online shop are total prices in EUR or USD and do not include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
2. For deliveries to countries outside the European Union, additional costs may arise in individual cases that must be borne by the customer, such as duties in connection with import (e.g. customs duties) or costs for the transfer of money.
3. The customer can use the payment methods displayed at the end of the order process.
(a) If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date. In addition, a 5% discount is granted.
(b) Payment processing via the service provider PayPal (Europe) S.à r.l is not possible!
(c) When paying by credit card, debit card or prepaid card, payment processing is carried out via the service provider Stripe or Mollie.
(d) Payments via Western Union are accepted.

Delivery conditions
1. The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed.
2. The goods are delivered by DHL, GLS, UPS or FEDEX as an insured package, unless otherwise expressly agreed.
3. Delivery takes place no later than within five working days (Monday to Friday, with the exception of federal holidays) after the payment order has been issued to the transferring credit institution in the case of advance payment or after the contract has been concluded in the case of cash on delivery or purchase on account. The shipping costs and delivery times are displayed when ordering.
4. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful delivery. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance.
5. If the customer is a consumer, the risk of accidental loss, accidental damage or accidental loss of the delivered goods passes to the customer at the time the goods are delivered to the customer or the customer defaults on acceptance. In all other cases, the risk passes to the customer when the goods are delivered to the transport company.

Warranty
1. If the purchased item is defective, the provisions of statutory liability for defects apply to consumers.
2. If the customer is an entrepreneur, i.e. if the customer is placing an order in the exercise of his commercial or independent professional activity, claims for defects expire within 12 months from delivery of the goods. Excluded from this are claims for injury to life, body or health that are based on a negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the seller.
3. The assignment of claims for defects is excluded unless the customer is a consumer.

Liability
The seller is liable without limitation for any legal reason in the event of injury to life, body or health, in the event of intent or gross negligence, in the event of fraud and guarantee promises and if liability is based on mandatory statutory provisions, such as the Product Liability Act.

If the seller has negligently breached a contractual obligation, the obligation to pay compensation for property damage is limited to the foreseeable, typically occurring average damage. If the seller has negligently breached a non-essential contractual obligation, the obligation to pay compensation is limited to the order value. The above limitations of liability also apply to the seller’s vicarious agents.

Retention of title
The goods remain the property of the seller until they have been paid for in full.

Applicable law and jurisdiction agreement
1. The contract in accordance with these general terms and conditions of business and delivery is subject exclusively to substantive law. The UN Convention on Contracts for the International Sale of Goods is excluded. If the customer is a consumer and has his habitual residence abroad, mandatory provisions of this state remain unaffected.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the registered office of the seller.

Severability clause
If a provision is completely or partially invalid or later loses its legal validity, this does not affect the validity of the remaining provisions. The statutory regulations apply instead of the invalid provision.

Alternative dispute resolution
The European Commission provides a platform for online dispute resolution (OS). You can find this portal here: http://ec.europa.eu/consumers/odr/.

The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.