General Terms and Conditions

of the online shop of pewag Schneeketten Deutschland GmbH for Serea locks

Disclosure pursuant to Section 312d (2) of the German Civil Code (BGB):

pewag Schneeketten Deutschland GmbH

Address: Otto-Brenner-Straße 4, 59425 Unna

Phone: +49 2303 98131-8

Email: info@serea-locks.com

UID: DE814713255

Managing Director: Robertus Bekkers

Register: HRB 5704, Register Court: Hamm Local Court

(hereinafter referred to as “Seller”).

1. GTC

1.1 These General Terms and Conditions (“GTC”) and the rights of withdrawal and consequences of withdrawal for Consumers set out in Section 6 apply to contracts concluded between the Seller and the Customer, unless expressly agreed otherwise. For legal transactions with entrepreneurs, the provisions in Section II also apply.

1.2 By submitting their contractual declaration (see Section 2.2), the Customer accepts these GTC. Contracts can only be concluded under these terms and conditions. The Seller must expressly agree to any deviating, conflicting, restrictive, or supplementary terms and conditions and provisions of the Customer in order for them to become part of the contract in individual cases. In particular, actions taken by to fulfill the contract shall not be deemed consent to any terms and conditions that deviate from these General Terms and Conditions.

1.3 In the event of multiple contracts concluded at different times, the version of these General Terms and Conditions valid at the time of the Customer’s declaration of contract (see Section 2.2) and published by the Seller shall form an integral part of the contract. Multiple contracts concluded with a specific Customer do not establish a continuing obligation or any other claim to the conclusion of a new purchase contract without the express written agreement of a framework contract.

A Consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 BGB).

2. Conclusion of contract

2.1 The presentation of our products on our website does not constitute a binding offer in the legal sense. The offer is made exclusively by the Customer as described in section 2.2.

2.2 The Customer’s offer is made by ordering the item. The Customer’s offer becomes binding by clicking on the “Place order” button.

The Customer will receive a separate confirmation of receipt of their order after the Seller has received their order. Such confirmation does not constitute acceptance of the offer. Acceptance by the Seller only occurs through a separate order confirmation sent in writing within a reasonable period of time, or through the actual delivery of the ordered goods. A reasonable period of time is understood to be a period of no more than 5 working days. The Seller is entitled to accept orders only in part or to reject them without giving reasons. If the Customer does not receive a message despite having entered a valid email address, they can contact the Seller at info@serea-locks.com.

2.3 The Customer must be at least 18 years of age and have full legal capacity. By submitting the offer, the Customer confirms the accuracy of their details, in particular their name, age, legal capacity, and address.

3. Prices, delivery, and shipping costs

3.1 The prices listed on the website are end Consumer prices including sales tax. All additional freight, delivery, shipping, or other costs will be displayed to the Customer before they submit their offer, insofar as these costs can be reasonably calculated in advance. If these costs cannot reasonably be calculated in advance, the Seller shall inform the Customer of any additional costs that may arise before the Customer submits the offer.

4. Terms of payment

Payment can be made by credit card or PayPal. When paying by credit card or PayPal, the time of payment is the time of the order. When using the payment service provider “PayPal,” payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at www.paypal.com. This requires, among other things, that the Customer opens a PayPal account or already has such an account.

In the event of a credit card charge being rejected, the Customer undertakes to pay the price plus any costs incurred within 10 days of receiving the service. These costs include, among other things, the costs incurred as a result of the credit card charge being reversed.

If the Customer is in default of payment, the Seller is entitled to charge default interest at a rate of 5% above the base rate per annum announced by the European Central Bank. If the Seller can prove that it has incurred higher damage due to the default, it is also entitled to claim these.

The Customer hereby agrees that the Seller is entitled to send the invoice as an electronic invoice (invoice issued and received in electronic format, e.g., as a PDF document) by email to the Customer. The Seller may also send the invoice to the Customer on paper at its own discretion.

5 Delivery

5.1 In the case of an online purchase, delivery (posting by the Seller) shall take place within 4-5 working days after acceptance of the order by email or receipt of the order upon acceptance by actual delivery (Section 1.4.3), provided that the goods are in stock and not otherwise stated on the website. The choice of carrier shall be made by the Seller at its discretion, but without guaranteeing the fastest and cheapest shipping method.

5.2 The delivery period shall be extended by the duration of any circumstances beyond the control of the parties, such as force majeure, unforeseeable operational disruptions, official interventions, delays in transport and customs clearance, transport damage, rejection of important production parts, and labor disputes.

5.4 Delivery shall be made to the delivery address specified by the Customer. Any additional costs incurred as a result of the Customer providing an incorrect delivery address shall be borne by the Customer.

6. Right of revocation and withdrawal and consequences thereof for Consumers

6.1 If the Customer is a Consumer and has concluded the contract based on these General Terms and Conditions either as a distance contract or outside our business premises (and in the latter case the remuneration exceeds EUR 50), he may withdraw from this contract without giving reasons until the expiry of the period specified in Section 6.2. To withdraw, the Customer must inform the Seller of their decision to withdraw from the contract by means of a clear statement (e.g. a letter sent by post, fax, or email—see Section 1). However, the withdrawal is not subject to any specific form. The Customer may use the attached model withdrawal form for this purpose:

Declaration of withdrawal / Cancellation notice:

To

pewag Deutschland Schneeketten GmbH

Otto-Brenner-Straße 4, 59425 Unna

email: info@serea-locks.com

I/we hereby withdraw from the contract concluded by me for the purchase of the following goods […], which

I / we ordered on … and received on ….

Refund to account IBAN ……….. BIC ……….

Name of Consumer ……………… Address ………………

………….. ……………………………….

Date and Signature

6.2 The withdrawal period as follows:

6.2.1 In the case of purchase contracts and other contracts for the purchase of goods for a fee, the Customer (Consumer) may withdraw from the contract within 14 days from the day on which he or she or a third party designated by him or her, who is not the carrier, took possession of the goods or the last partial shipment or the last delivered goods.

6.2.2 The withdrawal period according to Section 6.2.1 is deemed to have been observed if the declaration of withdrawal is sent within the period. The revocation must be received by the Seller in order to be effective (the risk in the case of postal or electronic transmission (fax, email) lies with the Customer (Consumer).

6.3 If the Seller has not fulfilled its duty to inform, the withdrawal period shall be extended by twelve months in accordance with Section 6.2. If the Seller fulfills its duty to inform within this period, the withdrawal period shall end 14 days after the time at which the Customer (Consumer) receives this information.

6.4 If the Customer (Consumer) withdraws from the contract, the Seller shall reimburse the Customer (Consumer) for all payments received from them, including delivery costs (with the exception of additional costs resulting from the consumer choosing a type of delivery other than the cheapest standard delivery offered by the Seller cheapest standard delivery), immediately and no later than 14 days from the day on which the Seller receives notification of the withdrawal of this contract. The same means of payment used by the Customer (Consumer) in the original transaction shall be used for this repayment, unless expressly agreed otherwise. In no event shall the Customer (Consumer) be charged for this repayment. In the case of sales contracts or other contracts for the purchase of goods for a fee, the Seller may refuse to refund until he has either received the goods back or the Customer (Consumer) has provided proof of return of the goods, unless the Seller has offered to collect the goods himself.

6.5 The Customer (Consumer) must return the goods to the Seller or hand them over to the Seller immediately and in any case no later than 14 days from the day on which they informed the Seller of the withdrawal from the contract. The deadline is met if the Customer (Consumer) sends the goods before the expiry of the 14-day period. The Customer (Consumer) shall bear the direct costs of the return shipment, provided that the Seller has informed him in advance of the obligation to bear the costs of the return shipment (Article 246a § 1 (2) sentence 1 no. 2 EGBGB). The Customer (Consumer) shall only be liable for any loss in value of the goods if this loss in value is attributable to handling by the Customer (Consumer) that is not necessary for testing the condition, characteristics, and functionality of the goods. However, the Customer (Consumer) shall in no case be liable for the loss in value of the goods if they have not been informed of their right of withdrawal by the Seller.

The goods will only be taken back if they are in their original packaging. This means that the seals on the banderole must not be opened (§ 312g para. 2 Z6 BGB).

7 Retention of title

7.1 The delivered goods remain the property of the Seller until all claims from the respective delivery have been paid in full.

7.2 The Customer is obliged to treat the goods with care during the period of retention of title. He must inform the Seller immediately of any access to the goods by third parties, in particular of enforcement measures, as well as of damage or destruction of the goods. The Customer shall compensate the Seller for all damages and costs incurred through a breach of these obligations and through necessary intervention measures against access to the goods by third parties.

8 Warranty

8.1 In the case of defects in the goods, the statutory warranty provisions apply to Consumers. No warranty shall apply to defects caused by improper use or handling of the product. The same applies to normal wear and tear.

8.2 The product images on the website and/or in our brochures may differ in color and size from the appearance of the delivered products due to resolution and size. The delivered goods shall be deemed to be in accordance with the contract if the delivered items correspond to the other product specifications.

8.3 If the Customer is a Consumer, they must inspect the delivered goods upon receipt for completeness, correctness, and other defects, in particular for damage to the packaging, and notify the Seller of any defects by email to info@serea-locks.com, providing a brief description. This is only to ensure that any complaints are processed more quickly and effectively. A breach of this obligation does not limit the Consumer’s statutory warranty rights.

8.4 If the Customer requests that the goods be returned and the goods are defective, the Seller shall bear the corresponding costs. Otherwise, any costs of the shipment shall be borne by the Consumer. Defective goods shall therefore only be returned at the express request of the Seller.

9 Liability

9.1 Subject to the provision in Section 9.2, the Seller’s statutory liability for damages shall be limited as follows:

(i) the Seller shall be liable to the extent limited to the damage typically foreseeable at the time of conclusion of the contract for slightly negligent breach of essential obligations arising from the contractual relationship;

(ii) the Seller shall not be liable for the slightly negligent breach of insignificant obligations arising from the contractual obligation.

9.2 This limitation of liability shall not apply to damage resulting from injury to life, limb or health of persons and to claims under the Product Liability Act.

9.3 The Seller is not liable for the uninterrupted functioning of the website. The Seller is entitled at any time, even without prior notice, to carry out work on the website that may result in shutdown/interruption. The Seller is also not obliged to provide a specific server capacity, so that overloads and longer response times must be expected.

10 Data protection, change of address

10.1 The personal data provided by the Customer within the scope of the business relationship, such as name, address, email, telephone number, and delivery address, will be stored and processed by the Seller and used exclusively within the scope of the legal authorization to execute the order. Details on the use of this data can be found in the Seller’s privacy policy, which can be viewed at the following link:

Privacy Policy – Serea Locks.

10.2 The Customer is obliged to notify the Seller immediately of any change in their residential or business address or contact details during the business relationship. If they fail to do so, declarations shall be deemed to have been received even if they are sent to the last address provided by the Customer.

11 Place of jurisdiction, choice of law, miscellaneous

11.1 The place of jurisdiction for all disputes arising from this contract is the court with local and subject-matter jurisdiction in 59425 Unna, except in the cases specified in 11.2.

The Seller’s right to bring an action before another court with jurisdiction over the Customer remains unaffected by this.

11.2 If the Customer is a Consumer and is resident or habitually resident in another EU member state at the time of conclusion of the contract and we pursue a professional or commercial activity in the EU member state in which the Consumer is resident or establish such an activity in any way in this member state or in several states, including this member state, and if the contract falls within the scope of this activity, the Consumer may also bring an action before the court of the place where the Consumer is domiciled; the action against the Consumer may only be brought before the courts of the Member State in whose territory the Consumer is domiciled.

11.3 The European Commission provides a platform for out-of-court online dispute resolution at http://ec.europa.eu/consumers/odr/ .

11.4 The Seller is neither willing nor obliged to participate in a dispute resolution procedure.

11.5 This contract and all legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). For Consumers, this choice of law applies only insofar as mandatory provisions of the law of the country in which they have their habitual residence are not superseded.

11.6 Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The wholly or partially invalid provision shall be replaced exclusively in contracts with entrepreneurs by a provision that comes closest to the meaning and purpose of the invalid provision.

SECTION II. – Business Transactions

If a contract is concluded with an entrepreneur in accordance with 1.1, the following deviating provisions shall also apply:

II/1 Warranty:

If the Customer is an entrepreneur, they must inspect the delivered goods upon receipt for completeness, correctness, and other defects, in particular the integrity of the packaging. If there are any defects, he must report them by email to info@serea-locks.com within a reasonable period of time, but no later than 4 (four) business days after receipt of the goods. Defects that become apparent later must also be reported immediately, at the latest within 4 (four) business days after they become apparent. If the entrepreneur has not identified or reported any defects within the complaint period, the delivery shall be deemed approved and all claims, such as warranty, rescission due to error, or compensation for damages due to a later claimed deviation or defect (§ 377 HGB), shall lapse. This also applies to any incorrect deliveries or deviations in the delivery quantity.

If the Customer is an entrepreneur, the Seller shall have the exclusive right to choose the remedy for remedying a defect reported in good time. The Seller shall also be free to rescind the agreement immediately.

If the Customer is an entrepreneur, they shall bear the costs of returning the goods for improvement or replacement.

II/2 Liability

Customers who are entrepreneurs must prove the existence of intent or gross negligence (Section 9.2 above) and assert claims for damages within one year of the transfer of risk. The limitations of liability contained in these General Terms and Conditions or otherwise agreed shall also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

If the Customer is an entrepreneur, any recourse claims are excluded unless the Customer proves that the fault causing the damage was caused by the Seller and was at least due to gross negligence.

II/3 Prohibition of retention and offsetting

Justified complaints do not entitle Customers who are entrepreneurs to withhold the invoice amount.

The offsetting of counterclaims against monetary claims of the Seller is only permissible if the counterclaim has been established by a court of law or recognized by the Seller.

II/4 Choice of law; place of performance and jurisdiction

German law applies, excluding the referral provisions and the United Nations Convention on the International Sale of Goods (CISG). The place of performance is 59425 Unna. For disputes arising from or in connection with legal transactions subject to these General Terms and Conditions, the exclusive jurisdiction of the court with jurisdiction for 59425 Unna is agreed.