Terms of service
OVERVIEW
Welcome to www.supmaran.com! The terms “we,” “us,” and “our” refer to www.supmaran.com. www.supmaran.com operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). www.supmaran.com is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions and all policies referred to herein (collectively, these “Terms and Conditions” or “Terms”) describe your rights and obligations when using the services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting or using our services or interacting with our services, you agree to these Terms and Conditions and our Privacy Policy [LINK]. If you do not agree to these Terms and Conditions or the Privacy Policy, you should not use or access our services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in the state or province in which you reside and that you have given us your consent to allow your minor dependents to use the services on devices that you own, purchase, or manage.
To use the services, including accessing or browsing our online stores or purchasing the products and services we
To purchase the products and services offered, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. You represent that all information you provide in our stores is accurate, current, and complete and that you have all necessary rights to provide such information.
You are solely responsible for the security of your login credentials and for all activity in your account. You may not transfer, sell, assign, or license your account to any third party.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services in our online stores accurately. However, please note that the colors or appearance of the products may differ from how they are displayed on your screen, depending on the type of device you use to access the store and your device’s settings and configuration.
We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or correspond to the images or representations in our online shops.
All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you submit an offer to purchase. www.supmaran.com reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not accepted until www.supmaran.com confirms acceptance. We must receive and process your payment before your order can be accepted. Please carefully review your order before submitting it, as www.supmaran.com may no longer be able to accommodate cancellation requests after the order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or telephone number provided when placing the order.
The return or exchange of your purchases is governed exclusively by the provisions of our right of withdrawal [LINK].
You represent and warrant that your purchases are intended for your personal use or use in your household and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions may be changed without prior notice. The price charged for a product or service is the price applicable at the time the order is placed and will be stated in the email confirming your order. Unless expressly stated otherwise, the prices indicated do not include taxes, shipping costs, handling fees, customs duties, or import duties.
The prices indicated in our online shops may differ from the prices in our physical stores or in online shops and other shops operated by third parties. We may from time to time offer promotions relating to our services that may affect pricing and that are subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these terms, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account information and other data, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are duly authorized to use that credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the stated prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We assume no responsibility for delays caused by shipping providers, customs clearance, or events beyond our control. Once we hand over the goods to the shipping provider, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including, but not limited to, all trade names, trademarks, texts, advertisements, images, graphics, product reviews, videos, and audio files, as well as their design, selection, and arrangement, are the property of www.supmaran.com, its affiliates, or licensors and are protected by United States and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works from any of the materials on the Services. Unless expressly provided otherwise herein, nothing in these Terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of www.supmaran.com, Shopify, or any third party, or may be construed as granting a license or other right. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by www.supmaran.com.
The names, logos, product and service names, designs, and slogans of www.supmaran.com are trademarks of www.supmaran.com or its affiliates or licensors. You may not use these trademarks without the prior written permission of www.supmaran.com. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services. We neither monitor these tools nor have any control over or influence on them.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement. We assume no liability whatsoever for damages arising from or related to the use of optional third-party tools.
Your use of the optional tools offered through the Website is exclusively at your own risk and discretion. You should therefore familiarize yourself with and accept the terms of use of the respective third-party tools.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be deemed part of the Services and shall be subject to these Terms and Conditions.
SECTION 8 – EXTERNAL LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functions). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you access. If you leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for damages in connection with your access to external websites or your purchase or use of products, services, resources, or content on external websites. Please carefully review the third party's policies and procedures and ensure that you understand them before carrying out a transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[HINWEIS FÜR DEN HÄNDLER: Dieser Abschnitt beschreibt die Beziehung zwischen Shopify und Ihrem Shop korrekt und sollte nicht entfernt oder verändert werden.]
www.supmaran.com is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases that you make in our store are conducted directly with www.supmaran.com. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and www.supmaran.com, including any injuries, damages, or losses arising from the purchase of products and Services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or relating to your purchases and transactions with www.supmaran.com.
SECTION 10 – PRIVACY POLICY
All personal data that we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal data may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these Privacy Policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Data that you submit to the Services is transmitted to and shared with Shopify and third-party service providers that may be located in a country other than your country of residence in order to provide services to you. For more information about how we, Shopify, and our partners use your personal data, please see our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you send, upload, post, submit by email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display this Feedback in any media for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent that: (i) you own or have the necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are and shall remain under no obligation to (1) keep your Feedback confidential; (2) pay you compensation for your Feedback; or (3) respond to your Feedback.
We may monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms and Conditions, but we have no obligation to do so.
You agree that your Feedback will not violate any third-party rights. This includes copyrights, trademark rights, privacy rights, publicity rights or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene statements or contain any computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, impersonate another person or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly, for any of the following purposes: (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial or state regulations, rules, laws or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, libel, disparage, intimidate or harm our employees or other persons; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to send or cause to be sent advertising or promotional material, including junk mail, chain letters, spam or similar unsolicited messages; (h) to impersonate or attempt to impersonate another natural or legal person; or (i) to engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by others or that, in our judgment, may harm www.supmaran.com, Shopify or users of the Services or expose them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or other types of malicious code that are used or could be used in a manner that impairs the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or otherwise exploit any portion of the Services; (c) collect or track the personal information of others; (d) misuse the Services through spam, phishing, pharming or pretexting; (e) use robots, spiders, scraping tools, data collection and extraction tools, automatic devices or processes, AI tools (e.g. agentic AI) or automated or manual means to access the Services; or (f) interfere with, circumvent or manipulate the security or authorization features, the Robot Exclusion Header or other measures we use to restrict access to the Services. We reserve the right to suspend, deactivate or terminate your account at any time and without prior notice if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1 This section (“Agent Terms”) applies if you use, permit, enable, or cause the use of an Agent to access, use, or interact with the Services. “Agent” means any software or service that acts autonomously or semi-autonomously on behalf or at the direction of a natural or legal person and that may be operated on behalf or using the device of a person without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements in Section 14.4 below. In addition, no Agent is permitted to access, use, or interact with the Services if we have instructed it to refrain from accessing, using, or interacting with a Service.
14.3 We may, including through technical measures, restrict whether and how an Agent accesses, uses, or interacts with the Services.
14.4 Agents: (i) must indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the Agent's name by including the following in the request's User-Agent string: “Agent/[Agentenname]”. (ii) must not conceal or obscure that accesses, uses, or interactions originate from an Agent, including by (a) imitating human behaviors and interaction patterns or (b) completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) must truthfully respond to questions or prompts intended to determine whether interactions originate from a human or a computer; (iv) must not circumvent or otherwise avoid measures intended to prevent, restrict, modify, or control whether and how Agents access, use, or interact with Shopify Consumer Services.
SECTION 15 - TERMINATION
We may terminate this Agreement or your access to the Services (or any part thereof) at any time and without notice in our sole discretion, and you remain obligated to pay all amounts due up to and including the termination date.
The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information provided on or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance on such information is strictly at your own risk. We disclaim all liability and responsibility arising from your reliance on such materials or that of any other visitor to the Services, or of any third party who may become aware of their content.
UNLESS EXPRESSLY STATED OTHERWISE BY [HÄNDLER], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED FOR YOUR USE “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, [HÄNDLER], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL IN NO EVENT BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES, PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER SUCH DAMAGES ARE ASSERTED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ERRORS AND OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless www.supmaran.com, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against all losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to third parties arising from or relating to (1) your breach of these Terms and Conditions or the documents incorporated herein by reference, (2) your violation of applicable law or the rights of third parties, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that your obligations will not be discharged by delayed notice unless you are materially prejudiced thereby. We may control the defense and settlement of such claim at your expense, including the selection of counsel, but will not settle any claim that requires you to assume non-monetary obligations without your consent (which may not be unreasonably withheld). You will cooperate in the defense against indemnification claims, including by providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms and Conditions is determined to be unlawful, invalid, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These General Terms and Conditions, together with any policies or operating rules posted by us on this website or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals between you and us, whether oral or written (including, without limitation, previous versions of the General Terms and Conditions).
Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the party that drafted this document.
SECTION 21 – ASSIGNMENT
You may not delegate, assign or transfer this Agreement or any of your rights or obligations under these Terms without our prior written consent; any such attempt is void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 22 – GOVERNING LAW
These General Terms and Conditions and any separate agreements under which we provide Services to you shall be governed by and construed in accordance with the jurisdiction of the federal and state or territorial courts located at the registered office of www.supmaran.com. You and www.supmaran.com submit to the local and personal jurisdiction of such courts.
SECTION 23 – HEADINGS
The headings used in this Agreement are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO THE GENERAL TERMS AND CONDITIONS
The most current version of the General Terms and Conditions can be viewed at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace parts of these General Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will inform you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. By continuing to use or access the Services after changes to these General Terms and Conditions have been published, you agree to those changes.
SECTION 25 – CONTACT INFORMATION
Please send any questions regarding the General Terms and Conditions to info@supmaran.com.
You will find our contact details below:
Supmaran Boats GmbH
Gymansiumstrasse 4, 2500 Baden, Austria
+43 225620393
Company register number: 668655t
UID/VAT identification number: ATU82909257