General Terms and Conditions
§ 1 General
1. The following Terms and Conditions apply between us and the customers for sales contracts, except those who are achieved via our online-shop. For those apply the Terms and Conditions as published in our online-shop. Applicable is in each case the version of the terms and conditions valid at the time of the conclusion of a sales contract.
2. Clients for the purposes of these Terms and Conditions are both, consumers and merchants. Consumers within the meaning of these Terms and Conditions are natural persons with whom we enter into business relations, without that a commercial or independent professional activity can be attributed to them. Merchants within the meaning of these Terms and Conditions are natural persons, companies or partnerships with legal personality with whom we enter into business relations and who act in the course of their business which they represent.
3. Variant, opposing or supplementary terms and conditions of the customer, even if known, do not form part of the contract, unless their application is expressly agreed in writing.
§ 2 Contract Conclusion and Delivery Times
1. The terms of delivery for our products are non-binding, unless agreed otherwise in writing. Technical Changes in terms of technological progress are reserved. Other changes in shape, colour or weight, within reasonable limits, are reserved.
2. The presentation of our range of articles in our respective current catalogues, brochures or on our online portal does not constitute a binding contract offer. By ordering the desired articles, the customer concludes a binding offer for the execution of a sales contract. The mere receipt of an order by phone, fax or in any other written form does not yet constitute a binding acceptance of such an offer. We reserve our rights to the final acceptance of this offer.
3. We are entitled to accept the binding offer for the execution of a sales contract within 2 weeks as from the receipt of such an offer. The acceptance of any order may be rejected by us, by e.g. reference to the creditworthiness of the customer.
4. The conclusion of a sales contract is subject to the delivery of parts and components by our suppliers. This applies only in the event that the non-delivery is not caused by us. If our supplier is in default we are entitled to withdraw from the contract. The customer will be in this case immediately informed by email, in other written form or orally that the ordered goods are not or only partially available. We may make an alternative offer. The legal rights of the customer remain unaffected. All articles are delivered promptly if on stock. Otherwise, we give an estimated delivery period in the confirmation of the offer. The customer should ask before ordering, whether an article is available from stock. The delivery period is extended appropriately in cases of force majeure and in case of events which are not attributable to us and which complicate delivery of the goods significantly or render the delivery impossible.
5. A sales contract is only concluded when we confirm the dispatch to the customer by e-mail or by other written means or when we send the product ordered to the customer.
§ 3 Payment and Default
1. The price offered is binding for a period of 8 weeks. In case of a special offer the price is limited to the period of the special offer. The final price contains Value Added Tax at the time when the invoice is raised. In case the ordered articles will be shipped by us, the price is understood to be exclusive of the related transport expenses.
a) Consumers pay in advance or cash on collection.
b) Merchants pay within 14 days net from invoice date.
2. In case of default in payment of the customer we are entitled to demand default interest at the rate of 5% for consumers and 8 % for merchants over the basic interest rate as published by the European Central Bank. If higher default damage can be proven we reserve the right to claim this higher damage.
3. The customer has a right to offset only if his claims are uncontested or recognized by us.
§ 4 Shipping and Handling
The customer receives the delivery via shipping services. For all deliveries within Germany we shall charge packaging and shipping expenses (including taxes) at the amount of our costs unless different arrangements are agreed. For deliveries to other European countries please enquire the packaging and shipping costs in advance.
§ 5 Retention of Title
1. In case of consumers, we retain the ownership of the articles until full payment of the purchase price has been effected.
2. In case of merchants, we retain the ownership of the articles until full settlement of all claims arising from the ongoing business relationship. If the value of the articles exceeds the secured claims of the current business by 20 percent, we are committed to release the articles at the request of the merchant.
3. The customer is obliged to treat the articles during the retention of title with care. The customer has to inform us in writing promptly of any third party taking hold of the articles (such as enforcement measures, damage or destruction of goods, etc.).
4. We are entitled to withdraw from the sales contract in case the customer does not adhere to the contact or parts thereof, particularly in case of late or incomplete payment, and to ask for the return of the articles, if the adherence to the sales contact is unreasonable for us.
5. The merchant may resell the articles in the course of his business. He already now assigns all credits to us, rising from the resale of the articles to a third party, in the amount of the invoice amount. We herewith accept the assignment. After the assignment the merchant is entitled to collect the credits from the third party. We reserve the right to collect the credits ourselves, if the merchant does not properly fulfil his payment obligations and thus enter in default of payment. The handling and processing of the articles by the merchant is always made for and on behalf of SeaCurity GmbH. In case of processing of the articles, we acquire co-ownership of the new object in proportion to the value of the articles supplied by us. The same applies if the articles are processed or mixed with other goods not belonging to us.
§ 6 Withdrawal
The consumer and the merchant have the right to withdraw from the contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date on which the consumer or merchant, or its nominated representative , other than the carrier , have taken physical possession of the goods . In order to exercise his right of withdrawal , the consumer or merchant must inform:
SeaCurity GmbH, Walhallastrasse 38, 80639 München
Tel.: 089 12711526 Fax: 089 12711528
by a clear statement (e.g. by letter, fax or e-mail ) about his decision to withdraw from this contract. He may use the below mentioned standard form which, however, is not mandatory.
For the observation of the withdrawal period it is sufficient that the consumer or the merchant sends the message about the withdrawal before the withdrawal deadline.
Effects of withdrawal
In case of an effective withdrawal, we will return all the payments that we have received from the consumer or the merchant, including delivery costs (with the exception of the additional costs arising from the fact that the consumer or the merchant have chosen a type of delivery other than the standard delivery type) at the latest within fourteen days from the date on which the notice of withdrawal from the contract with us is received. For this reimbursement, we use the same method of payment that has been used for the initial transaction , unless explicitly agreed otherwise; in no case there will be charges for this reimbursment. We may withhold the reimbursement until we have received the goods back or until we have received proof from the consumer or the merchant that he has sent back the goods, whichever is the earlier.
The right of withdrawal does not apply to delivery of goods to customer specifications or goods under the brand name of the customer or clearly tailored to personal needs goods.
The consumer or contractor shall send back the goods promptly and in any event not later than fourteen days as from the date on which he has informed us about the withdrawal from the contract. The deadline is met , when the goods are sent before expiry of the withdrawal period of fourteen days . The consumer or merchant bears the direct cost of returning the goods .
The consumer or merchant should only pay for any deterioration in value of the goods, if the deterioration in value is due to a handling not necessary to ascertain the nature, characteristics and functioning of the goods.
Standard Withdrawal Form:
SeaCurity GmbH, Walhallastrasse 38, 80639 München
We hereby give notice that (s) I / we (*) wish to withdraw from the concluded contract for the purchase of the following products :
Description of the goods, article numbers:
Received on :
Name of person / consumer (s ) :
Address of person / consumer (s ) :
Signature of / consumer (s ) (in case of a message on paper)
(*) Delete as applicable .
§ 7 Transfer of Risk
For consumers, the risks of accidental loss and accidental deterioration of the purchased articles passes on to the consumer together with the handover of the articles. For merchants those risks pass on together with the handover of the articles, in case of shipment together with the delivery to the carrier/ prime mover or to any other specified person or organisation responsible for the transport. The handover is to be assumed, if the customer is in default of the acceptance of the articles.
§ 8 Warranty
1. Consumers have, in case of a defect in the articles delivered, the choice between remedy by repair or replacement. We are entitled to reject the remedy selected if it is possible with disproportionate costs only and if the other type of remedy would remain without a serious disadvantage for the consumer. For merchants we do grant remedy for defects in the articles delivered at our option by repair or replacement.
2. Should the remedy fail, the customer may either reduce the purchase price (reduction) or cancel the contract (withdrawal) and claim damages for. In case of minor defects, the customer has no right to withdraw.
3. Consumers have to give written notice of obvious defects in the articles within two months of receipt of the articles; otherwise the warranty claim is excluded. Merchants have to check the delivered goods immediately on quality and quantity discrepancies and must give written notice of the apparent defects/shortcomings within a period of one week of receipt of the articles; otherwise the warranty claim is excluded. Deadline is the date of postage of the respective notice. The merchant bears the full burden of proof for all claims, in particular for the defect itself, the time of detection of the defect and the timeliness of the complaint.
4. For consumers the warranty period is two years from the date of delivery; for merchants the warranty period is one year from date of delivery. For used articles the warranty period for consumers is one year from the date of delivery, for merchants the warranty is excluded. The warranty periods mentioned hereinbefore shall not apply if gross negligence on our behalf can be proven as well as in the case of bodily harm and/or health damage and/or loss of life of the customer if we can be held responsible for it. Our liability under the Product Liability Act remains unaffected.
§ 9 Limitation of Liability
In case of breach of duty due to minor negligence, our liability and that of our agents is limited to the foreseeable, direct and average damage typical for the contract. In case of minor negligence of our obligations, not substantial to the contract, breach of which would not jeopardize the execution of the contract, we and/or our agents are not to be held liable. The limitations of liability do not apply in case of bodily harm to and/or loss of life of the customer if we can be held responsible for it.
§ 10 Data Protection
Any data which the customer transmits will be stored by us solely to process orders, to make customer service and to transmit promotions of our own to the customer. If we consider necessary for a credit check, appropriate data will be sent to “Schutzgemeinschaft für Allgemeine Kreditsicherung” (SCHUFA) or any other credit agency. See as well our separate Declaration of Data Protection!
§ 11 Copyright
All logos, images, graphics and company names of third parties mentioned on our homepage and/or in online-shops and/or catalogues and/or folders are the property of their respective companies and are subject to copyright of their respective licensors. All photos, texts, reports, scripts and program routines, developed or prepared by us, may not be copied or used otherwise without our consent. All rights reserved.
§ 12 Final provisions
The laws of the Federal Republic of Germany shall apply exclusively, excluding the provisions of the CISG. For consumers who do not enter into a contract for professional or commercial purposes, this choice of law applies only to the extent that the protection granted by mandatory provisions of the laws of the State in which the consumer has his habitual residence would not be withdrawn.
2. If the customer is merchant, legal entity under public law or “öffentlich-rechtliches Sondervermögen”, the location for the performance of a contract and the exclusive place of jurisdiction for any disputes arising from a contract is only our business residence. The same applies if the customer has a residence falling under a different jurisdiction than the German jurisdiction or if he has transferred his domicile or habitual residence after closing a contract to a foreign country or if his domicile or habitual residence at the time of claiming are not known.
3. If individual provisions of the contract with the customer including these General Terms and Conditions in whole or in part, be or become invalid, the validity of the remaining provisions shall not be affected thereby. The wholly or partially invalid provision shall be replaced by a provision through which economic purpose comes as close as possible to the ineffective provision.
Fax: +49 89 12711528
Managing Director: Johannes Graf Strachwitz