General Terms and Conditions of serea-locks.com

Disclosure in accordance with § 312d paragraph 2 of the German Civil Code:

pewag Schneeketten Deutschland GmbH

Address: Otto-Brenner-Straße 4, 59425 Unna

Phone: +49 2303 98131-88

Email: info@serea-locks.com

VAT registration number: DE814713255

Managing Director: Robertus Bekkers

Register: HRB 5704, Register court: Local Court of Hamm

(hereinafter referred to as “Seller”).

1. Scope of application

1.1 These General Terms and Conditions (“GTC”) and the rights of withdrawal and consequences of withdrawal for consumers set out in Section 6 shall apply – unless expressly agreed otherwise – to contracts concluded between the seller and the customer. In addition, the provisions in Section II shall apply to legal transactions with entrepreneurs. A consumer is any natural person who enters into a legal transaction for purposes that

predominantly cannot be attributed to their commercial or independent professional activity (Section 13 BGB).

1.2 By submitting his contractual declaration (see point 2.2), the customer accepts these terms and conditions. Contracts can only be concluded under these conditions. We must expressly agree to any of the customer’s terms and conditions and regulations that differ from, conflict with, restrict or supplement these terms and conditions in order for them to become part of the contract in individual cases. In particular, actions on our part to fulfill the contract do not constitute consent to any terms and conditions that differ from our terms and conditions.

1.3 In the case of several contracts concluded at different times, the version of these GTCs that is valid at the time of the customer’s submission of the contractual declaration (see point 2.2) and that has been published or displayed by us shall become an integral part of the contract. Several contracts concluded with a specific customer do not establish either a continuing obligation or any other claim to the renewed conclusion of a purchase contract without an express written agreement for a framework contract.

2. Conclusion of contract

2.1 The presentation of our products on our website does not constitute an offer in the legal sense. The offer is made exclusively by the customer as described in point 2.2.

2.2 The customer makes an offer by ordering the item. The customer’s offer becomes binding when the customer clicks on the “Buy now” button. Please note that after we have received the order, the customer will be sent a separate confirmation of receipt of the order. Such a confirmation does not constitute acceptance of the offer. We only accept the offer by sending a separate written order confirmation within a reasonable period of time or by actually delivering the ordered goods. A reasonable period of time is a period of no longer than 5 working days. We are entitled to accept orders only in part or to reject them without stating reasons. If you

not receive a message despite having entered a valid e-mail address, please contact us at info@serea-locks.com.

2.3 The customer must be at least 18 years old and have full legal capacity. By sending the offer, the customer confirms the accuracy of the information provided, 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. We show the consumer all additional freight, delivery, shipping or other costs before the consumer submits his offer, provided that these costs can reasonably be calculated in advance. If these costs cannot reasonably be calculated in advance, we will indicate in advance that such additional costs may be incurred before the customer submits the offer.

4. Payment terms

4.1 Payment of the purchase price is possible using the following payment methods: credit card and PayPal. 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 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. If the credit card debit is rejected, the customer is obliged to pay the price plus any costs incurred within 10 days of receiving the service. These costs include, among other things, the costs incurred due to the reversal of the credit card debit. If the customer is in default of payment, we are entitled to demand default interest in the amount of 5% above the base interest rate per annum announced by the European Central Bank. If we can prove that we have incurred higher damages due to default, we are entitled to claim these. The customer hereby agrees that we are entitled to send the invoice to the customer by email as an electronic invoice (invoice issued and received in an electronic format, e.g. as a PDF document). We may also send the invoice to the customer on paper at our discretion.

5 Delivery

5.1 Delivery (posting by us) for an online purchase will be made – provided the goods are in stock and unless otherwise stated on the website – within 4-5 business days of acceptance of the order by e-mail or receipt of the order, subject to acceptance by faktische Lieferung (Section 1.4.3). We will select the carrier at our discretion, but without guarantee that the fastest and cheapest shipping option will be chosen.

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 provided 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 Rights and consequences of revocation and withdrawal for consumers

6.1 If the customer is a consumer and has concluded the contract based on these GTC either as a distance contract or outside our business premises (and if the fee to be paid in the latter case is more than EUR 50), he may withdraw from this contract without stating reasons until the expiry of the period specified in Section 6.2. To withdraw, the customer must inform us of their decision to withdraw from this contract with an unequivocal statement (e.g. a letter sent by post, fax or email – see Section 1). However, the withdrawal is not subject to any particular form. Please note, however, that the withdrawal must be received by us in order to be effective. The customer can use the attached sample withdrawal form for this purpose:

Withdrawal declaration / declaration of revocation

I/we hereby revoke the contract concluded by for the item, which I/we ordered on… and received on….

Repayment to account IBAN ……….. BIC ……….

Name of 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 acquisition of goods against payment, you may withdraw from the contract within 14 days from the day on which the consumer or a third party designated by him/her, who is not the carrier, has acquired possession of the goods or the last partial shipment or the last goods delivered.

6.2.2 The withdrawal period according to point 6.2.1 is met if the declaration of withdrawal is sent within the period. Please note, however, that the withdrawal must reach us in order to be effective (you bear the risk in the case of postal or electronic transmission (fax, email)). 6.3 If we have not fulfilled our information obligation, the withdrawal period under point 6.2 shall be extended by twelve months. If we meet our information obligations within this period, the withdrawal period shall end 14 days after the date on which the consumer receives this information.

6.4 If the consumer withdraws from the contract, we shall reimburse the consumer for all payments we have received from him, including delivery costs (with the exception of additional costs arising from the fact that the consumer has chosen a different method of delivery from the has chosen a different method of delivery to the cheapest standard delivery offered by us). We will repay the consumer all payments we have received from him, including delivery costs (with the exception of additional costs resulting from the consumer choosing a different method of delivery to the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we receive notification of the revocation of this contract. We will use the same means of payment for this repayment as the consumer used for the original transaction, unless expressly agreed otherwise. Under no circumstances will the consumer be charged for this repayment. In the case of sales contracts or other contracts for the purchase of goods, we may refuse a refund until we have either received the returned goods 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 shall return or hand over the goods to us without undue delay and in any event not later than 14 days from the day on which he notifies us of the withdrawal from this contract. The deadline is met if the consumer sends back the goods before the period of 14

days. The consumer shall bear the direct costs of returning the goods, provided that we have informed him in advance of the obligation to bear the costs of returning the goods. The consumer shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. However, the consumer is in no case liable for the loss of value of the goods if he has not been informed by us about his right of withdrawal.

7 Reservation of title

7.1 The goods delivered by us remain our property until full payment of all our claims arising from the respective delivery.

7.2 The customer is obliged to treat the goods with care during the existence of the reservation of title. He must inform us immediately of any access to the goods by third parties, in particular of any enforcement measures, as well as of any damage to or destruction of

the goods. The customer must reimburse us for all damages and 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 The statutory warranty provisions shall apply to consumers in the event of defective goods. There shall be no warranty claim for damage resulting from improper use or handling of the product. The same shall apply to normal wear and tear.

8.2 The product images on the website and/or in our folders may differ in terms of color and size from the appearance of the delivered products due to the resolution and size. The delivered goods shall be deemed 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 KSchG, he must inspect the delivered goods upon receipt to ensure that they are complete, correct and free of any other defects, in particular that the packaging is intact, and must notify us of any defects by emailing info@serea-locks.com with a brief description. This merely serves to ensure faster and more effective processing of any complaints. A breach of this obligation does not result in any restriction of the consumer’s statutory warranty rights.

8.4 If the customer requests that the goods be returned to us and the goods are actually defective, we will bear the corresponding costs. Otherwise, any costs of the shipment are to be borne by the consumer. Defective goods are therefore only to be returned at our express request.

9 Liability

9.1 We are liable for damages in accordance with the statutory provisions. However, liability for damages caused by slight negligence is excluded. This limitation of liability does not apply to damages resulting from injury to life, limb or health of humans and for claims under the 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 that involves a shutdown/interruption. We are also not obliged to provide a certain server capacity, so that overloading 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 context of the business relationship, such as name, address, e-mail, telephone number and delivery address, will be stored, processed and shared only with our logistics partners. We use the data within the scope of legal authorization to fulfill the order. Any further transfer of personal data to third parties does not take place. This consent can be withdrawn at any time (e.g. by emailing info@serea-locks.com).

10.2 The customer is obliged to notify us immediately of any changes to their residential or business address and contact details during the term of the business relationship. If the customer fails to provide this information, declarations shall be deemed to have been received even if they are sent to the last address provided by the customer.

11 Jurisdiction, choice of law, miscellaneous

11.1 The place of jurisdiction for all disputes arising from this contract is the court with local and material jurisdiction for 59425 Unna, except in the cases referred to in 11.2. Our right to appeal in this case to another court with jurisdiction for the customer remains unaffected.

11.2 If our customer is a consumer and has his domicile or usual place of residence in Germany at the time of the conclusion of the contract or is employed in Germany, then for a lawsuit against him, only the jurisdiction of the court in whose district the domicile, usual place of residence or place of employment is located can be substantiated. If the customer is a consumer and at the time of the conclusion of the contract is resident or ordinarily resident in another EU member state and if we pursue a commercial or professional activity in the EU member state in whose territory the consumer is resident or, by any means, direct such an activity to that member state or to several states including that member state, and if the contract falls within the scope of that 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 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 are subject to the laws of the Federal Republic of Germany, excluding the conflict of laws rules and the UN Sales Convention. For consumers, this choice of law applies only insofar as mandatory provisions of the law of the country in which the consumer 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 concluded on the basis thereof. The wholly or partially invalid provision shall be replaced, exclusively for contracts with entrepreneurs, by a provision that comes as close as possible 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 apply:

II/1 Warranty:

If the customer is an entrepreneur, he has to check the delivered goods for completeness, correctness and other defects, in particular the integrity of the packaging, upon receipt. If there are any defects, he has to report these by e-mail to info@serea-lock within a reasonable period, but no later than four working days after receipt of the goods. Defects that are detected later must also be reported immediately, at the latest within four working days of detection. If the entrepreneur has not detected or reported any defects within the complaint period, the delivery shall be deemed approved and all claims such as warranty, avoidance on the grounds of mistake or compensation due to a deviation or defect claimed at a later date shall lapse (Section 377 HGB). This shall also apply to any wrong deliveries or deviations in the quantity delivered. If the customer is an entrepreneur, we shall be solely entitled to choose the legal remedy for

remedying a defect that has been reported in good time. We shall also be free to change the agreement immediately.

If the customer is an entrepreneur, he shall bear the costs for 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 assert claims for damages within one year of the transfer of risk. The provisions on compensation contained in these terms and conditions or otherwise agreed shall also apply if the claim for compensation 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 Prohibitions 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 payment claim is not permitted unless we expressly agree to it.

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

German law shall apply mandatorily, excluding the conflict of laws rules and the UN Sales Convention. The place of performance is 59425 Unna. For disputes arising from or in relation to legal transactions subject to these Terms and Conditions, the exclusive jurisdiction of the court having subject-matter jurisdiction for 59425 Unna is agreed.