Terms and Conditions (not for online shop)

§ 1 General

1. The following General Terms and Conditions apply to all purchase contracts between us and the customer, except for those concluded via our online shop. These contracts are governed by the General Terms and Conditions available on our online shop website. The version of our terms and conditions valid at the time the contract is concluded shall prevail.

2. Customers within the meaning of these Terms and Conditions include both consumers and businesses. Consumers within the meaning of this business relationship are natural persons with whom a business relationship is entered into, without these persons being considered to be engaged in a commercial or independent professional activity. Businesses 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. Any deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.

§ 2 Conclusion of contract and delivery times

1. The terms and conditions for our goods are subject to change and non-binding unless otherwise agreed upon at the time of conclusion of the contract. We reserve the right to make technical changes in the interest of technical progress. Other changes in shape, color, or weight remain reserved within reasonable limits.

2. The presentation of our product range in the current catalogs, brochures, or on our online portal does not constitute a binding contractual 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 written 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 contractual offer contained in the order within two weeks. We may refuse acceptance of an order – for example, after checking the customer's creditworthiness.

4. The contract is concluded subject to the reservation that in the event of incorrect or improper delivery to us, the goods will not be delivered or will only be delivered in part. This only applies if we are not responsible for the non-delivery. In this case, we are entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately by email, other written form, or telephone that the ordered goods are not or only partially available. If necessary, we will make an alternative offer. The customer's statutory rights 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 about the availability of an item from stock before ordering. The delivery period will be extended accordingly in cases of force majeure and due to events beyond our control that make delivery of the goods significantly more difficult or impossible.

5. A purchase contract is only concluded when we confirm shipment to the customer by email or in another written form or when we ship 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 offered price is limited to the special offer. The price includes the applicable statutory VAT. For mail-order purchases, the price is exclusive of the shipping costs specified in Section 4.

a) Consumers pay in advance.

b) Entrepreneurs shall pay net cash within 14 days from the invoice date.

2. In the event of a customer's default in payment, we are entitled to charge default interest at a rate of 5% for consumers and 8% for businesses, each above the base interest rate published by the European Central Bank per annum. If we can prove that we have incurred greater damages due to the default, we may claim these.

3. The customer shall only have the right to offset if his counterclaims have been legally established, are undisputed or have been acknowledged by us.

§ 4 Packaging and shipping costs

The customer receives the delivery via a shipping service. For all deliveries within Germany, unless otherwise agreed, we charge packaging and shipping costs (including VAT) at the cost incurred by us. For deliveries to other European countries, please inquire with us in advance about packaging and shipping costs.

§ 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 business customers, we retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. If the value of the reserved goods exceeds the secured claims arising from the ongoing business relationship by 20 percent, we are obligated to release the reserved goods at the business customer's request.

3. The customer is obligated to treat the goods with care while the retention of title exists. The customer must immediately notify us in writing of any access to the goods by third parties (e.g., enforcement measures, damage to or destruction of the goods, etc.).

4. We are entitled to withdraw from the contract and demand the return of the goods in the event of breach of contract by the customer, 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 hereby assigns to us all claims accruing to him against a third party through the resale in the amount of the invoice. 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 fails to properly fulfill his payment obligations and falls into arrears. The processing and treatment of the goods by the entrepreneur is always carried out in our name and on our behalf. If the goods are processed, we acquire co-ownership of the new item in proportion 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 any reason.

The cancellation period shall be fourteen days from the day on which the consumer or trader, or a third party other than the carrier designated by them, takes possession of the goods. To exercise their right of cancellation, the consumer or trader must notify us:

SeaCurity GmbH

Walhallastrasse 38

80639 Munich

Tel. 08912711526

Fax 089 12711528

info@seacurity.de

by means of a clear statement (e.g., a letter sent by post, fax, or email) of his decision to withdraw from this contract. He may use the following model withdrawal form, but this is not mandatory.

To comply with the cancellation period, it is sufficient for you to send your notification of your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If the consumer or entrepreneur cancels this contract, we will refund all payments that we have received from the consumer or entrepreneur, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that was used for the original transaction, unless expressly agreed otherwise; under no circumstances will any fees be charged for this refund. We may refuse to refund until we have received the goods back or until the consumer or entrepreneur has provided proof that he has returned the goods, whichever is earlier.

The right of withdrawal does not apply to the delivery of goods made according to customer specifications or goods under the customer's brand name or goods clearly tailored to the customer's personal needs.

The consumer or entrepreneur must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which they notify us of the cancellation of this contract. This deadline is met if they send the goods before the expiry of the fourteen-day period. The consumer or entrepreneur shall bear the direct cost of returning the goods.

The consumer or entrepreneur only has to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

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:

Received on:
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if notification is made on paper)
Date

(*) Delete as appropriate.

§ 7 Transfer of risk

For consumers, the risk of accidental loss and accidental deterioration of the purchased goods passes to the consumer upon delivery of the goods, even in the case of mail-order sales. For businesses, the aforementioned risks pass to the business upon delivery, and in the case of mail-order sales, upon handover of the goods to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. It is equivalent to delivery if the customer is in default with 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 repair or replacement. We are entitled to refuse the selected type of subsequent performance if it is only possible at disproportionate costs and the other type of subsequent performance does not result in significant disadvantages for the consumer. For businesses, we initially provide warranty for defects in the goods by repair or replacement, at our discretion.

2. If subsequent performance fails, the customer may, at his or her discretion, demand a reduction in the price (abatement) or cancellation of the contract (withdrawal), as well as compensation for damages. In the case of only minor defects, the customer is not entitled to a right of withdrawal.

3. Consumers must notify us of obvious defects in the goods in writing within two months of receipt; otherwise, the assertion of warranty claims is excluded. Business owners must immediately inspect the delivered goods for deviations in quality and quantity and notify us of any obvious defects in writing within one week of receipt of the goods; otherwise, the assertion of warranty claims is excluded. Timely dispatch is sufficient to meet the deadline. The business owner bears the full burden of proof for all requirements for a claim, in particular for the defect itself, the time of discovery of the defect, and the timeliness of the notification of defects.

4. For consumers, the warranty period is two years from delivery of the goods; for businesses, one year from delivery of the goods. For used items, the warranty period for consumers is one year from delivery of the goods; for businesses, the warranty is excluded. This period does not apply if we are guilty of gross negligence, or in the case of physical injury or damage to health attributable to us, or in the event of the customer's death. 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, typical, and immediate average damage. Neither we nor our vicarious agents are liable for slightly negligent breaches of non-essential contractual obligations, the breach of which does not jeopardize the performance of the contract. The above limitations of liability do not apply to physical injury or damage to health attributable to us, or to the loss of life of the customer.

§ 10 Data Protection

The data submitted by the customer is stored by us and used exclusively for processing orders, customer service, and our own advertising campaigns. If we deem a credit check necessary, the relevant data will be transmitted to the German Credit Protection Association (Schutzgemeinschaft für Allgemeine Kreditsicherung) or a credit agency. Please also see our separate privacy policy.

§ 11 Copyright

All third-party logos, images, and graphics, as well as company names, displayed on our online portal or in catalogs, 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 displayed on our pages that are our own developments or have been prepared by us may not be copied or used in any other way without our consent. All rights reserved.

§ 12 Final provisions

1. The law of the Federal Republic of Germany shall apply exclusively, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods. For consumers who do not enter into the contract for professional or commercial purposes, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

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 jurisdiction for all disputes arising from this contract shall be our registered office. The same applies if the customer does not have a general place of jurisdiction in Germany, or if he or she has relocated his or her place of residence or habitual abode abroad after the conclusion of the contract, or if his or her place of residence or habitual abode is unknown 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 invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.

SeaCurity GmbH

Walhallastraße 38

80639 Munich

Fax: +49 89 12711528

E-mail: info@seacurity.de

Managing Director: Johannes Graf Strachwitz