Terms & Conditions
General Terms and Conditions
of the company Sieltec GmbH & Co. KG,
Management: Komplementärgesellschaft Solidares GmbH,
Managing director Dietmar Krüger
Groß Malchau 56, 29597 Stoetze, Germany
§ 1 Scope
(1) We carry out your order based on our Terms and Conditons valid at the time of order. These Terms and Conditions of Sieltec GmbH & Co. KG (hereinafter "vendor") shall apply to all contracts the customer concludes with the vendor, regarding in the online shop of the vendor presented goods and / or services and all contracts which the entrepreneur, in regard to in the print catalogue of the vendor presented products and / or services, by the use of individual means of distance communication (e.g. telephone, e-mail, order form, fax),excluding an online order form, concludes. Hereby, the inclusion of own conditions of the customer is objected, unless something else has been agreed.
(2) Customers in the sense of number 1.1 are consumers as well as entrepreneurs, a consumer being every natural person which concludes a legal transaction for a purpose which can be attributed neither to his commercial nor his self-employed professional activity. On the contrary, an entrepreneur is every natural or legal person or a partnership having the capacity to perform legal acts, acting in carrying out its self-employed professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of contracts
(1) In the online shop and print catalogue of the vendor contained portrayals of products are no binding offers on the part of the vendor but serve as a basis for the issue of a binding offer by the customer.
(2) For orders via the online shop, the customer may issue the offer by telephone, in writing, by fax, by e-mail or via the online order form integrated into the online shop of the vendor. For an order via the online order form, the customer issues, after entering his personal data and by clicking the button „ send order“ during the final step of the order process, a legally binding offer in reference to the goods included in the cart.
(3) For orders via the print catalogue, the entrepreneur in the sense of point 1.2 may issue the offer by telephone, in writing, by fax or by e-mail. Therefore, the entrepreneur may use the order form attached to the catalogue, which has to be sent (filled in) by mail, fax or e-mail to the vendor.
(4) The vendor may accept the customer`s offer by a written (letter) or electronically transmitted (fax or e-mail) order confirmation or by delivery of the goods within five days. The vendor is entitled to refuse the acceptance of the order.
(5) At orders in the online shop, handling of the order and contacting are usually taking place by e-mail and automated order processing. The customer has to make sure that the e-mail address given by him for the purpose of handling the order is correct, so that at this address e-mails sent by the vendor can be received. The customer especially has to make sure, in case of using spam filters, that all mails sent by the vendor or by third parties engaged by him on the purpose of handling the order can be delivered.
§ 3 Return costs in the exercise of the legal cancellation rights
If the customer has a legal cancellation right, he bears the direct costs of the return of the goods when exercising the cancellation rights.
§ 4 Prices and payment terms
(1) For orders in the online shop, the prices given by the vendor are final prices, meaning they contain all price components, including the german Value Added Tax. Possible additional delivery- and shipping charges are given separately for every product presentation on offer.
(2) For orders via the print catalogue, the prices given by the vendor have to be understood as net prices, plus the german Value Added Tax. Packing- and shipping charges, loading, insurance (especially shipping insurance), customs duties and fiscal charges are billed separately.
(3) For shipments within Germany, the vendor offers the following payment options, as long as nothing else is said in the corresponding product presentation on offer: PayPal, payment in advance (by transfer), payment per cash on delivery, or delivery on account (only for registered entrepreneurs and only up to 500 EUR order value of the goods, credit-worthiness provided).
4) If shipment to foreign countries is offered for the product in question, the customer has the following payment options for shipments to foreign countries, as long as nothing else is said in the corresponding product presentation on offer: PayPal or payment in advande (by transfer).
(5) For shipments to countries outside the European Union, additional costs accrue in individual cases, e.g. additional taxes and / or charges, as in the form of customs duties.
(6) If payment in advance is agreed, the payment is due immediately after conclusion of the contract.
(7) When choosing the payment option ‚delivery on account‘, the purchase price is due after the goods have been delivered and billed. In this case, the purchasing price has to be paid without deduction within 10 (ten) days upon receipt of the invoice, as long as nothing else is agreed. The vendor reserves the right to carry out a credit check when the payment option ‚delivery on account‘ is chosen, and to reject this payment option in case of a negative credit check.
(8) When choosing the payment option ‚credit card’, the customers credit card account is debited at the time of closing the order.
(9) The customer is only entitled to adjustment of credit balance if the counterclaim is undisputed, established as legally valid or accepted by the vendor.
(10) The customer can only exercise a right of retention as far as it refers to debts based on the same contractual relationship.
§ 5 Delivery- and shipping terms
(1) The delivery of goods regularly happens by shipment and to the address given by the customer. For carrying out the transaction, the delivery address given in the vendors order processing is decisive.
(2) If delivery to the customer is not possible, the commissioned carrier sends the goods back to the vendor, whereby the customer has to bear the costs of the unsuccessful delivery. This does not apply if the customer was temporarily prevented from receipt of the offered service, unless the vendor has announced the service to him an appropriate time in advance, or if the customer hereby exercises his legal cancellation rights.
(3) The risk of accidental loss and accidental worsening of the sold goods basically passes with the handover to the client or a person authorized to receive. If the customer is an entrepreneur (who acts in exercise of his commercial or self-employed professional practice; § 14 BGB), the risk of accidental loss and accidental worsening in the mail order sale passes with the handover of the goods at the place of business of the vendor to an adequate courier person.
(4) Towards entrepreneurs, all agreed delivery periods shall apply, provided that delivery from external suppliers is correct and in time in cases when the vendor has concluded a concrete hedging transaction and is not responsible for the nonexistent availability.
(5) Towards entrepreneurs, in case that the shipping of the delivery is delayed for reasons the entrepreneur is responsible for, the passing of risk happens already with the announcement to the entrepreneur that the goods are ready for delivery. Possibly thereby incurring costs have, after passing of risk, to be covered by the entrepreneur.
§ 6 Reservation of proprietary rights
The delivered goods of the vendor shall remain property of the vendor until they have been fully paid for.
§ 7 Product liability
For irrelevant customary or technical discrepancies in quality and colour, no liability can be assumed. If a fault in the goods exists, the statutory regulations do apply. By way of derogation from this, it is understood that:
(1) For entrepreneurs:
- an irrelevant fault basically does not substantiate a claim for defects,
- the vendor has the choice of kind of supplementary performance,
- concerning new goods, the period of limitation for defects is one year from passing of risk.
- concerning second-hand goods, rights and claims because of defects are basically barred.
- the limitation of action does not begin anew if in the context of product liability a replacement delivery is made.
(2) For consumers, the period of limitation concerning claims for defects is:
- two years for new goods, from delivery of the goods to the customer on.
- one year for second-hand goods, from delivery of the goods to the customer on, with the limitation of number 7.3.
(3) For entrepreneurs and consumers, the preceding liability- and period of limitation limits of number 7.1 and number 7.2 do not refer to compensation- and reimbursement of expenses claims which the customer may demand according to the legal regulations because of defects in accordance with number 8.
(4) In addition to this, for entrepreneurs it is understood that the legal periods of limitation concerning the entitlement to recourse according to § 478 BGB remain unaffected. The same shall apply to entrepreneurs and consumers in case of intentional violation of a specific obligation and in case of fraudulent concealment of a defect.
(5) If the customer is merchant in the sense of § 1 HGB, he faces the mercantile obligation to examine and give notice of defects according to § 377 HGB. If the customer refrains from there regulated obligations of disclosure, the goods are regarded as approved.
(6) If the customer is consumer, he is asked to make complaints about delivered goods with obvious transport damage to the deliverer and to inform the vendor about it. If the client does not comply, this does not have any effect on his legal or contractual claims for defects.
(7) If the supplementary performance is carried out in the way of a replacement delivery, the customer is obliged to send the at first delivered goods back to the vendor within 30 days, at the vendor`s expense. The return of the damaged goods has to be carried out according to the legal regulations.
§ 8 Liability
(1) The vendor is liable unlimitedly, on every legal ground, for injury to life, body or health, in case of intent or gross negligence, in case of malice and promise of guarantee and if the liability is carried out according to binding legal regulations, like the product liability law.
(2) Apart from that, the vendor is liable, no matter on which legal ground, as follows:
(2.1) If the vendor negligently has violated a contract relevant duty (so-called cardinal duty), the duty of replacement concerning material damage is limited to the predictable, typically arising average damage. Relevant contractual duties are duties which the contract imposes upon the vendor by its contents to achieve the contractual purpose, whose fulfilment allows the proper implementation of the contract in the first place and in whose compliance the customer regularly may trust.
(2.2) If the vendor has negligently violated a minor contractual duty, the duty of replacement is limited to the order value.
§ 9 Applicable law
(1) For all legal relationships of the parties, the law of the Federal Republic of Germany does apply, to the exclusion of the laws concerning international purchase of movable goods. For consumers, this choice of law does only apply so far as the granted protection is not withdrawn by binding provisions of the law of the state in which the consumer has his usual place of residence.
(2) If the customer is merchant, legal person governed by public law or separate estate governed by public law, exclusive jurisdiction for all disputes based on this contract is the place of business of the vendor. The same does apply if the customer does not have a general jurisdiction in Germany or the EU, or if residence or usual place of residence are not known at the time of filing the action. The right to appeal also to the court at another legal jurisdiction remains unaffected hereof.
(3) The contractual language is German.
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Consumers do have a legal cancellation right, in accordance to the following provisions, where a consumer is every natural person which concludes a legal transaction for a purpose which can be attributed neither to his commercial nor his self-employed professional activity.
If the customer is entrepreneur, he has no legal cancellation right based on § 312d BGB in conjunction with §§ 355, 356 BGB. The legal cancellation right is only valid for consumers.
Legal cancellation right
You have the right to cancel this contract, without giving reasons, within fourteen days. The cancellation period is fourteeen days from the day when you or a third party, authorized by you, which is not the carrier, have rsp. has taken the goods in possession.
To carry out your legal cancellation right, you have to inform us
Company: Sieltec GmbH & Co. KG
Address: Groß Malchau 56, 29597 Stoetze, Germany
E-mail address: email@example.com
by unmistakable declaration (e.g. posted letter, fax or e-mail) about your decision to cancel this contract. You may use the specimen cancellation form, which is not mandatory though. You may also fill in and transfer the specimen cancellaton form or another unmistakable declaration electronically at our website (www.sieltec-shop.com). If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of the receipt of such a cancellation.
To keep the cancellation period, it is sufficient that you dispatch the notification about exercising the legal cancellation right before the expiration of the cancellation period.
Consequences of cancellation
If you cancel this contract, we have to reimburse to you all payments we received from you, including delivery costs (except additional costs based on your choice of a different than the favourable standard delivery offerend by us), without delay and at the latest within fourteen days from the day we received the notification of your cancellation on. For this reimbursement, we use the same means of payment you utilised for the original payment, except if something else was agreed with you; in no way will we charge you fees because of this refunding.
We may refuse reimbursement until we received the goods back or until you provided evidence that you sent the goods back, depending on which is the earlier point of time.
You have to send the goods back to us or hand them over without delay and in any case within fourteen days from the day you informed us about the cancellation of this contract on. The deadline is kept if you dispatch the goods before expiration of the time period of fourteen days.
You are bearing the direct costs of the return of the goods.
You only have to compensate for a possible loss of value of the goods if this loss of value is attributable to a handling which is not necessary for the examination of nature, characteristics and mode of working of the goods.
Exclusion of cancellation right
The cancellation right does not apply to contracts concerning the delivery of goods which are not prefabricated and for whose production an individual choice or determination by the consumer is decisive or which are obviously geared to the needs of the consumer.
- - End of cancellation policy - -