§ 1. General
1. The following general terms and conditions apply between us and the customer for sales contracts, except for those that come about through our online shop. The general terms and conditions on our online shop website apply to these. The version of our terms and conditions that is valid at the time the contract is concluded is decisive.
2. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs. Consumers within the meaning of this business relationship are natural persons with whom business relationships are entered into without commercial or self-employed professional activity being attributable to these persons. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity, with whom a business relationship is entered into and who act in the exercise of their commercial or independent professional activity.
3. Deviating, conflicting or supplementary general terms and conditions of the customer, even if they are known, are not part of the contract unless their validity is expressly agreed to in writing.
§ 2 Conclusion of contract and delivery times
1. The conditions for our goods are subject to change and non-binding, unless otherwise agreed upon conclusion of the contract. We reserve the right to make technical changes in the sense of technical progress. We reserve the right to make other changes in shape, color or weight within reasonable limits.
2. The representations of our range of goods in the respective current catalogues, brochures or on our online portal do not constitute a binding contract offer. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract. The mere receipt of an order by telephone, fax or in any other text form does not constitute a binding acceptance on our part. We reserve the right to decide whether to accept this offer.
3. We are entitled to accept the contract offer contained in the order within two weeks. We can refuse to accept an order - for example after checking the customer's creditworthiness.
4. The conclusion of the contract is subject to the proviso that in the event of incorrect or improper delivery to ourselves, we will not pay or only pay in part. This only applies in the event that we are not responsible for the non-delivery. In this case we are entitled to withdraw from the customer. In this case, the customer will be informed immediately by email, in other text form or by telephone that the ordered goods are not or only partially available. If necessary, we will make an alternative offer. The legal rights of the customer remain unaffected. All items will be delivered immediately if available from stock. Otherwise we will state the expected or agreed delivery time in the offer confirmation. The customer should inquire before ordering whether an item is available from stock. The delivery period is extended appropriately in cases of force majeure and due to events for which we are not responsible and which make delivery of the goods significantly more difficult or impossible.
5. A sales contract is only concluded when we confirm the shipment to the customer by email or in some other text form, or when we send the ordered product to the customer.
§ 3 Payment and Default
1. The offered price is binding for a period of 8 weeks. In the case of special offers, the price offered is limited to the special offer. The price includes the applicable statutory value-added tax. In the case of mail-order purchases, the price does not include the shipping costs listed under Section 4.
a) Consumers pay in advance.
b) Entrepreneurs pay net cash within 14 days of the invoice date.
2. If the customer defaults on payment, we are entitled to demand default interest of 5% from consumers and default interest of 8% from entrepreneurs above the base interest rate pa announced by the European Central Bank. If we can prove that we have incurred higher damage caused by delay, we can assert this.
3. The customer only has the right to offset if his counterclaims have been legally established, are undisputed or have been recognized by us.
§ 4 packaging and shipping costs
The customer receives the delivery by mail service. For all deliveries within Germany, unless otherwise agreed, we charge packaging and shipping costs (including VAT) in the amount of the costs incurred by us. For deliveries to other European countries, the packaging and shipping costs are to be requested from us in advance.
§ 5 Retention of title
1. In the case of consumers, we reserve title to the goods until the purchase price has been paid in full.
2. In the case of entrepreneurs, we reserve title to the goods until all claims from the ongoing business relationship have been settled in full. If the value of the reserved goods exceeds the claims to be secured from the current business relationship by 20 percent, we are obliged to release the reserved goods at the request of the entrepreneur.
3. The customer is obliged to treat the goods with care during the existence of the retention of title. The customer must inform us immediately in writing of any access by third parties to the goods (e.g. enforcement measures, damage or destruction of the goods, etc.).
4. We are entitled to withdraw from the contract and to demand the return of the goods if the customer behaves in breach of contract, in particular in the event of default in payment, if we cannot reasonably be expected to adhere to the contract.
5. The entrepreneur may resell the goods in the ordinary course of business. He already assigns all claims in the amount of the invoice that accrue to him through the resale to a third party. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves if the entrepreneur does not properly meet his payment obligations and defaults on payment. The treatment and processing of the goods by the entrepreneur always takes place in our name and on our behalf. If the goods are processed, we acquire co-ownership of the new item in relation to the value of the goods delivered by us. The same applies if the goods are processed or mixed with other items that do not belong to us.
§ 6 Revocation
The consumer and the entrepreneur have the right to withdraw from this contract within fourteen days without giving a reason.
The cancellation period is fourteen days from the day on which the consumer or entrepreneur or a third party named by him who is not the carrier took possession of the goods. In order to exercise his right of withdrawal, the consumer or entrepreneur must:
Fax 089 12711528
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of his decision to withdraw from this contract. He can use the model cancellation form below, which is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If the consumer or trader withdraws from this contract, we shall have all payments that we have received from the consumer or trader, including delivery costs (except for the additional costs resulting from the fact that you use a different type of delivery than ours have chosen the cheapest standard delivery offered) immediately and at the latest within fourteen days from the day on which we received the notification of the cancellation of this contract. For this repayment, we use the same means of payment that was used in the original transaction, unless expressly agreed otherwise; under no circumstances will fees be charged for this repayment. We can refuse repayment until we have received the goods back or until the consumer or entrepreneur has provided proof that he has sent back the goods, whichever is earlier.
The right of withdrawal does not apply to the delivery of goods according to customer specifications or goods under the customer's brand name or goods clearly tailored to personal needs.
The consumer or entrepreneur must send back the goods or hand them over to us immediately and in any case no later than fourteen days from the day on which he informed us of the cancellation of this contract. The deadline is met if he sends the goods back before the period of fourteen days has expired. The consumer of the entrepreneur bears the direct costs of returning the goods.
The consumer or entrepreneur only has to pay for any diminished value of the goods if this diminished value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Sample cancellation form
To SeaCurity GmbH Walhallastrasse 38 80639 Munich
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if notification is on paper)
(*) Delete where not applicable.
Section 7 Passing of Risk
In the case of consumers, the risk of accidental loss and accidental deterioration of the purchased goods passes to the consumer when the goods are handed over, even in the case of mail-order sales. In the case of entrepreneurs, the aforementioned risks pass to the entrepreneur when the goods are handed over, in the case of mail-order sales when the goods are delivered to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. The handover is the same if the customer is in default with the acceptance of the goods.
§ 8 Warranty
1. In the event of a defect in the delivered goods, consumers have the choice of whether subsequent performance should be carried out by means of repair or replacement delivery. We are entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of entrepreneurs, we initially provide a warranty for defects in the goods, at our discretion, by rectification or replacement delivery.
2. If the supplementary performance fails, the customer can demand a reduction in payment (reduction) or cancellation of the contract (withdrawal) as well as damages. In the case of only minor defects, the customer has no right of withdrawal.
3. Consumers must notify us in writing of obvious defects in the goods within two months of receipt; otherwise the assertion of the warranty claim is excluded. Entrepreneurs must immediately inspect the delivered goods for quality and quantity deviations and notify us in writing of any recognizable defects within a period of one week from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all entitlement requirements, in particular for the defect itself, the time the defect was discovered and for the timeliness of the notice of defects.
4. For consumers, the warranty period is two years from delivery of the goods, for entrepreneurs one year from delivery of the goods. In the case of used items, the warranty period for consumers is one year from delivery of the goods; the warranty is excluded for entrepreneurs. This period does not apply if we can be accused of gross negligence or in the event of bodily injury and damage to health attributable to us and loss of life of the customer. Our liability under the Product Liability Act remains unaffected.
§ 9 Limitations of Liability
In the case of slightly negligent breaches of duty, our liability and that of our vicarious agents is limited to the foreseeable, direct average damage that is typical for the contract. We and our vicarious agents are not liable for slightly negligent breaches of non-essential contractual obligations, the breach of which does not jeopardize the execution of the contract. The above limitations of liability do not apply to bodily injury or damage to health that is attributable to us or to the loss of life of the customer.
§ 10 data protection
The data transmitted by the customer is stored by us and used exclusively for processing orders, customer service and for our own advertising campaigns. If we consider a credit check to be necessary, the relevant data will be sent to the protection association for general credit security or a credit agency. See also our separate data protection declaration!
§ 11 Copyright
All third-party logos, images and graphics as well as the company names mentioned on our online portal or in catalogues, brochures etc. are the property of the respective companies and are subject to the copyright of the respective licensors. All photos, texts, reports, scripts and program routines presented on our website, which are developments by us or have been processed by us, may not be copied or otherwise used without our consent. All rights reserved.
§ 12 Final Provisions
1. The law of the Federal Republic of Germany applies exclusively, excluding the provisions of the UN Sales Convention. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction for all disputes arising from this contract is our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or has moved his domicile or habitual abode abroad after the conclusion of the contract or his domicile or habitual abode is not known at the time the action is filed.
3. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation should be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one.
Fax: +49 89 12711528
Managing Director: Johannes Graf Strachwitz