General Terms and Conditions of serea-locks.com
Operated and owned by pewag Schneeketten GmbH
Address: Gaslaternenweg 4 8041 Graz Austria
(hereinafter referred to as “Seller” for short).
1 Scope of application
1.1 These General Terms and Conditions of Business (“GTC”) and the rights of withdrawal and and consequences of withdrawal for consumers shall apply – unless expressly agreed otherwise expressly agreed to the contrary – apply to the conclusion of contracts between the Seller and the Customer. For legal transactions with entrepreneurs also apply the provisions in Section II. A consumer is any natural person who enters into a legal transaction for purposes which purposes which are predominantly neither commercial nor their independent professional professional activity (§ 13 BGB).
1.2 By submitting his contractual declaration (see point 1.4), the customer accepts these GTC. these GTC. Contracts may only be concluded subject to these terms and conditions.Any deviating, conflicting, restrictive or supplementary terms and terms and conditions and regulations of the customer must be expressly to become part of the contract in individual cases. In particular performance of the contract on our part shall not be deemed to constitute consent to any conditions deviating from our GTC.
1.3 In the event of several contracts being concluded at different times, the the terms and conditions valid at the time of the submission of the contractual declaration (see point 1.4) by the version of the GTC that is valid and published or posted by us at the time the customer
shall form an integral part of the contract. Several contracts concluded with a specific customer without an express written agreement of a framework contract neither a continuing obligation nor any other claim to the renewed conclusion of a conclusion of a new purchase contract.
2 Conclusion of contract
2.1 The presentation of our products on our website is not an offer in the legal sense. The offer is made exclusively by the customer as described in point 1.4.3.
2.2 The customer’s offer is made by ordering the item. The offer of the customer becomes binding for him by clicking on the button “order with obligation to pay”.
binding. Please note that after we have received the customer’s order will be sent a separate confirmation of receipt of their order. Such confirmation does not constitute acceptance of the offer. Our acceptance shall only be effected by a separate written order confirmation sent order confirmation within a reasonable period of time, or by actual delivery of the goods ordered. ordered product(s). A reasonable period shall be understood to mean a period of no more than 5 working days. We are also entitled to accept orders only in part or to reject them without giving reasons. If you do not receive a message despite entered e-mail address, please contact us at info@serea-locks.com
2.3 The customer must be at least 18 years of age and have full legal capacity. With the by submitting the offer, the customer confirms the accuracy of the information provided, in particular his name, age of majority, legal capacity and address.
3 Prices, delivery and shipping costs
3.1 The prices listed on the website are retail prices including VAT (value added tax). All additional freight, delivery, shipping or other costs will be
costs before the consumer submits his offer, insofar as these costs can reasonably be calculated in advance. If these costs cannot reasonably be calculated in advance, we will indicate in advance the possible incurrence of such additional costs before the customer submits the offer. offer by the customer.
4 Terms of payment
4.1 Payment of the purchase price is possible by means of the following payment methods credit card, PayPal and by Klarna invoice. When paying by credit card and PayPal, the time of payment corresponds to the time of the order. When using the payment service provider “PayPal”the payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with the PayPal Terms of Use, available at www.paypal.com. This requires, among other things that the customer opens a PayPal account or already has such an account. already has such an account. In the event that the credit card charge is rejected, the customer undertakes to to pay the price plus any costs incurred within 10 days of receiving the service. any costs incurred. These costs include, among other things, the costs incurred incurred due to the revocation of the credit card charge. If the customer defaults on payment, we shall be entitled to charge default interest in the amount of 5% above the base rate announced by the European Central Bank per annum. base interest rate per annum. If we have demonstrably incurred a higher demonstrably incurred, we shall be entitled to claim this. The customer hereby agrees that we are entitled to send the invoice as an electronic invoice (invoice that is issued and received in an electronic and received, e.g. as a PDF document) to the customer by e-mail. We may, at our discretion, also send the invoice to the customer on paper.
5 Delivery
5.1 Delivery (posting by us) of an online purchase shall be made – provided that the goods are in stock and nothing to the contrary is noted on the website – within 4-5 working days after acceptance of the order by e-mail or receipt of the order in the case of acceptance by actual delivery (Section 1.4.3). The choice of carrier shall be made by us to the best of our judgment, but without guarantee for the choice of the fastest and cheapest shipment.
5.2 The delivery period shall be extended by all circumstances independent of the will of the parties, such as circumstances independent of the parties’ will, e.g. cases of force majeure, unforeseeable operational disruptions, official interventions, transport and customs clearance delays, transport damage, rejects of important production production parts and labor disputes, shall be extended by the duration of the hindrance.
5.4 Delivery shall be made to the delivery address specified by the customer. Any additional costs caused by the provision of an incorrect delivery address by the
address are to be borne by the customer.
6 Cancellation and withdrawal rights and consequences for consumers
6.1 If the customer is a consumer and has concluded the contract based on these GTC either as a distance selling contract or outside our business premises
(and in the latter case the fee to be paid is more than EUR 50), he may withdraw from this contract up to the expiry of the period specified in Clause 6.2 without
without giving reasons. In order to withdraw from the contract, the customer must clear declaration (e.g. a letter sent by post, fax or e-mail – see point 1) of his decision to withdraw from this contract. However, the withdrawal is not bound to any particular form. Please note, however that the withdrawal must be received by us in order to be effective. The customer can use use the sample withdrawal form attached here:
Withdrawal form / declaration of withdrawal
To Serea – pewag Schneeketten GmbH,
Email: info@Serea-lcok I/we hereby withdraw from the contract concluded by contract for the article ……………, which I/we ordered on ….. / received on …. have received. Repayment to account IBAN ……….. BIC ………. Name(s) of the consumer(s) ……………… Address ………………Date Signature…………..
6.2 The withdrawal period is as follows:
6.2.1 In the case of sales contracts and other contracts for the purchase of goods against payment for consideration within 14 days from the day on which the consumer or a third party consumer or a third party designated by the consumer, who is not the carrier, takes possession of the goods. possession of the goods or the last partial consignment or the last delivered goods.
6.2.4 The withdrawal period in accordance with point 6.2.1 is deemed to have been observed if the declaration of withdrawal is sent within the deadline. Please note, however, that the notice of withdrawal must be received by us in order to be effective (the risk in the case of postal or electronic electronic transmission (fax, email) lies with you).
6.3 If we have not complied with our duty to inform you, the withdrawal period under withdrawal period under point 8.2 shall be extended by twelve months. If we fulfill our information obligations within this period, the withdrawal period ends 14 days after the date on which the consumer after the date on which the consumer receives this information.
6.4 If the consumer withdraws from the contract, we shall reimburse him for all payments we have received from him, including delivery costs (with the exception of additional additional costs resulting from the fact that the consumer has chosen a different type of delivery delivery other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we have received notification of the consumer’s withdrawal from this contract. For
For this repayment, we will use the same means of payment that the consumer used for the the original transaction, unless expressly agreed otherwise with the consumer. expressly agreed otherwise. Under no circumstances will the consumer be be charged for this repayment. In the case of purchase contracts or other
contracts or other contracts for the purchase of goods against payment, we may refuse repayment until we have either received the goods back or the consumer has
or the consumer has provided proof that the goods have been returned, unless we have offered to collect the goods ourselves.
6.5 The consumer must return the goods immediately and in any case within 14 days from the day on which he informs us of the revocation of this contract to return or hand over the goods to us. The deadline is met if the consumer sends the goods before the expiry of the 14-day period. The consumer shall bear the direct costs of returning the goods, provided that we have the obligation to bear the costs of the return shipment. The consumer only has to pay for any loss in value of the goods if this loss this loss in value is due to handling by the consumer that is not necessary to check the condition, properties and the nature, characteristics and functioning of the goods by the consumer. is attributable. However, the consumer is in no case liable for the loss in value of the goods of the goods if he has not been informed by us of his right of withdrawal.
7 Retention of title
7.1 The goods delivered by us shall remain our property until full payment of all our claims from the respective delivery.
7.2 The customer is obliged to treat the goods with care for the duration of the to treat the goods with care for the duration of the retention of title. He must inform us immediately of all access to the goods by third parties, in particular of enforcement enforcement measures, as well as of damage to or destruction of the goods. If the customer is at fault, he must compensate us for all damages and costs costs incurred as a result of a breach of these obligations and as a result of 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. There is no case of warranty for damage caused by improper use or treatment of the product. The same applies to normal wear and tear.
8.2 The product illustrations on the website and/or in our folders may differ from the may differ in color and size from the appearance of the delivered products due to the resolution the delivered products. 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 within the meaning of the Consumer Protection Act goods upon receipt for completeness, correctness and other and other defects, in particular the integrity of the packaging, and to notify us of any notify us of any defects by e-mail to info@serea-locks.com and briefly describe them. This only serves the purpose of faster and more effective processing of any complaints. A breach of this obligation does not lead to any restriction of the consumer’s statutory warranty rights.
8.4 If the customer requests that the goods be returned to us and if the goods are actually actually defective, we shall bear the corresponding costs. Otherwise costs of the shipment shall be borne by the consumer. Defective goods shall therefore only be returned at our express request.
9 Liability
9.1 We shall be liable for damages in accordance with the statutory provisions. Liability for damage caused by slight negligence is, however, excluded. This limitation of liability shall not apply to damages resulting from injury to life, limb or injury to life, limb or health and for claims under the German Product Liability Act.
9.2 We are not liable for the uninterrupted functioning of the website. We are entitled at any time, even without prior notice, to carry out work on the website
which entail a shutdown/interruption. We are also not obliged to provide a certain server capacity, so that overloads and overloads and longer response times must be expected.
10 Data protection, change of address
10.1 The personal data provided to us by the customer in the course of the business relationship, such as personal data, such as name, address, e-mail address, telephone number and delivery delivery address are stored and processed by us and only shared with our logistics logistics partners. We use the data within the scope of the legal authorization to execute the order. Any further transfer of personal data is not passed on to third parties. This consent can be revoked at any time (e.g. by e-mail to info@serea-locks.com).
10.2 The customer is obliged to inform us of any changes to his residential or business address and contact details during the course of the business relationship.
to notify us immediately. If the customer fails to notify us, declarations shall be shall be deemed to have been received even if they are sent to the last address provided by him.
11 Place of jurisdiction, choice of law, miscellaneous
11.1 The place of jurisdiction for all disputes arising from this contract shall be the court locally and materially competent for 59425 Unna, except in the cases specified in 11.2. This shall not affect our right to appeal to another court with jurisdiction for the customer. court responsible for the customer remains unaffected by this.
11.2 If our customer is a consumer and at the time of the conclusion of the contract has his or habitual residence in Germany at the time the contract is concluded or is employed domestic territory, an action against him may only be brought before the court in court in whose district the domicile, habitual residence or place of employment is located. residence or place of employment is located. If the customer is a consumer and at the time of conclusion of the contract resides in another
or habitually resident in another EU member state at the time the contract is concluded and we exercise jurisdiction in the Member State of the EU in whose territory the consumer is resident, professional or commercial activity or direct such activity in any way to that Member State or to several to that Member State or to several States, including that Member State, and the contract Member State, and the contract falls within the scope of that activity, the consumer may also the courts for the place where the consumer is domiciled, the consumer’s action may be brought consumer’s domicile; the action against the consumer may be brought only in the
the courts of the Member State in whose territory the consumer is domiciled. the consumer is domiciled.
11.3 The European Commission provides a platform for out-of-court dispute resolution at http://ec.europa.eu/consumers/odr/. online dispute resolution.
11.4 We are neither willing nor obliged to participate in a dispute resolution procedure.
11.5 This contract and the entire legal relationship between the parties shall be governed the law of the Federal Republic of Germany to the exclusion of the
conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law only insofar as mandatory provisions of the law of the country in which the consumer has his in which he has his habitual residence are not superseded.
11.6 Should individual provisions of these GTC be invalid in whole or in part this shall not affect the validity of the remaining provisions and the contracts contracts concluded on their basis. The wholly or partially invalid provision shall be replaced exclusively for contracts with entrepreneurs by a provision which comes closest to the meaning and purpose of the invalid provision.
SECTION II. – Business transactions
If a contract pursuant to 1.1 is concluded with an entrepreneur, the following deviating provisions shall also apply the following deviating provisions shall apply
II/1 Warranty:
If the customer is an entrepreneur, he must inspect the delivered goods upon receipt for completeness, correctness and other freedom from defects, in particular the intactness of the packaging. In the event of defects, he must report these within reasonable period of time, but no later than four working days after receipt of the goods, by e-mail to to info@serea-locks.com. Defects that become apparent later must also be immediately, at the latest within four working days after they become apparent. If the defects within the complaint period, the delivery shall be deemed to have been delivery is deemed to have been approved and all claims such as warranty , avoidance on the grounds of mistake or compensation for damages due to a later later claimed deviation or defect (§ 377 HGB). This also applies with regard to any incorrect deliveries or deviations in the delivery quantity. If the customer is an entrepreneur, we shall have the exclusive right to choose the remedy to rectify a defect notified in good time. We are also also free to change the agreement immediately. If the customer is an entrepreneur, he shall bear the costs of returning the goods for improvement or replacement.
II/2 Liability
9.2 Customers who are entrepreneurs must prove the existence of intent or gross negligence and negligence and to assert claims for damages within one year of the transfer of risk. The provisions contained in these GTC or otherwise agreed provisions on compensation for damages shall also apply if the claim for claim for damages is asserted in addition to or instead of a warranty claim. is asserted in addition to or instead of a warranty claim.
9.3 If the customer is an entrepreneur, any recourse claims within the meaning of §12 of the Product Liability Act are excluded, unless the party entitled to recourse
proves that the defect was caused in our sphere and was at least due to gross negligence.
II/3 Prohibition of retention and offsetting
10.1 Justified complaints do not entitle customers who are entrepreneurs to withhold the invoice amount. The offsetting of alleged counterclaims against the claim for payment is not permitted unless we expressly agree to this. do not expressly agree to this.
II/4 Choice of law; place of performance and jurisdiction
German law shall apply to the exclusion of the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. The place of performance is 59425 Unna. For disputes arising from or about legal transactions subject to these GTC shall be subject to the exclusive jurisdiction of the competent court for 59425 Unna is agreed.