General Terms and Conditions (GTC) of Seccua GmbH
Status: March 2015
§ 1 General – Scope of Application
These Terms and Conditions apply to all orders you place with us, Seccua GmbH, located in 82362 Weilheim, Germany (hereinafter referred to as Seccua). If we accept your order, a contract is concluded between you and us, which includes the following terms and conditions in addition to the order confirmation. Deviating terms and conditions shall not apply. Subsidiary agreements or deviations from the following terms and conditions shall only be effective if expressly agreed in writing, including by e-mail.
§ 2 Offer – Offer Documents
2.1 Your order shall be deemed to be an offer to conclude a contract in accordance with these terms and conditions. We do not assume any obligation to accept your order. If we accept your order, we will send you an order confirmation. You will receive this by e-mail. In the event that we are unable to accept the order, we will attempt to notify you either by telephone or by email.
2.2 Although we make every effort to supply you with the products offered, there may be cases in which we are unable to supply these products because, for example, the products are no longer manufactured or are no longer available or we are not supplied by our suppliers with individual components included in the products. In such cases, we will contact you before confirming the order and inform you accordingly and possibly propose the delivery of alternative products. If you do not accept our proposal, we will cancel the order to the extent that we are unable to deliver the products in question and refund any purchase price already paid with regard to non-deliverable products, if and to the extent that you have already paid it. The same applies in case of obvious errors in the indication of prices in our offers or in our webshop web-store.
2.3 The information contained on the Seccua website, in our Seccua web store or in our brochures or promotional materials, or communicated by our agents or employees, is merely an invitation to submit orders. This information does not constitute an offer to enter into a contract.
§ 3 Prices – Terms of Payment
3.1 Unless otherwise stated in the order confirmation, our prices are “ex works” Weilheim, excluding costs for packaging and unloading.
3.2 If shipping costs are incurred, they shall be borne by you in the amount shown on the order confirmation. You can inquire about the costs in advance in a conversation with our staff.
3.3 If the net value of the goods is less than € 1,000, we shall charge freight costs in accordance with the table of flat-rate freight costs, unless otherwise agreed in writing. In the case of orders with a net value of goods of less than € 50, shipment shall be effected at our discretion by cash on delivery.
3.4 The product price results from the invoice sent to you. Value added tax is to be paid by you in the respective valid amount as shown on the invoice.
3.5 The respective possible methods of payment are indicated in our Seccua Web Store or you can find them out from our employees.
3.6 Payment must be made in the currency shown on the invoice.
3.7 If you wish to pay by check or bank transfer, the ordered products will be manufactured and shipped and the services will be provided only after the payment has been received. To the extent that payment is not received within thirty days of your order, your order will be cancelled by Seccua.
3.8 If you wish to pay by credit card or Paypal, you must provide the details required to do so when placing your order. The charge will be made when the ordered products are shipped or when the invoice is issued. Seccua will not begin manufacturing or shipping the ordered Products or providing the Services until your credit card company or Paypal has approved the use of your credit card to pay for the ordered Products and the Services. If your credit card company does not approve, we will notify you. We reserve the right to verify the identity of the credit card holder through appropriate documentation. We reserve the right to accept credit cards at any time.
3.9 Deviating terms of payment must be agreed in writing. In each case, the terms and conditions of payment and payment periods stated on the order confirmation shall apply. In these cases, the statutory provisions concerning the consequences of default in payment shall apply.
3.10 If we agree to accept the cancellation of an order, we will confirm this in writing. In this case, we shall be entitled to charge a flat rate of 25% of the net order value as compensation. This is without prejudice to the right of cancellation of the consumption in accordance with § 5.
§ 4 Delivery time
4.1 We shall endeavor to manufacture the ordered products within 14 days after issuance of the order confirmation. Production times that we inform you of when placing the order are non-binding estimates and do not constitute binding delivery and performance dates. If you have ordered several products at the same time, the individual products may be manufactured and delivered at different times. Services will be provided in accordance with the specifications and procedures applicable to such services only after delivery of the remaining Products. Delivery dates for Services must be arranged directly with Seccua or with a service provider contracted by us. If a delivery date for Services has been agreed, you must meet that date. If you do not meet the deadline, or if you do not have the necessary infrastructure, although this was discussed when the deadline was agreed, Seccua will be released from the obligation to perform with regard to the service in question.
4.2 Transfer of ownership and risk with regard to the ordered Products shall take place at the time of delivery of the Products.
4.3 Seccua shall only be liable in accordance with the statutory provisions if the underlying purchase contract has been expressly agreed in writing as a fixed transaction. The liability for damages of Seccua GmbH is then limited to the foreseeable damage typical for the contract.
4.4 Seccua reserves the title to the ordered products until full receipt of all payments by the purchaser.
§ 5 Consumer’s right of revocation – for end consumers only.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you must send us
Managing Director Michael Hatzelmann
82362 Weilheim in Upper Bavaria
Telephone number: 0881 130808 – 0
by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample cancellation form for this purpose, but this is not mandatory. The sample cancellation form is available for download on our homepage www.seccua.de.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss of value of the goods if this loss of value is due to your handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
We point out that your right of withdrawal in the cases of § 312 g paragraph 2 BGB is excluded by law.
– End of the cancellation policy –
§ 6 Manufacturer’s warranty for material and workmanship
6.1 All hardware products purchased from Seccua are covered by a one-year limited manufacturer’s warranty against damage in materials and workmanship. The warranty conditions, which are part of and incorporated by reference into the contract with the purchaser, are available to you, on our website www.seccua.de or you can obtain them directly from us upon request. The warranty terms are also included in the manual of your Seccua product upon delivery. You may review a copy of the Limited Warranty on Seccua hardware products, including limitations and exclusions, prior to your purchase by clicking on the appropriate link on our website. The limited manufacturer’s warranty covers only Seccua hardware products. Seccua software, services or other such products are not included. The manufacturer’s warranty does not constitute a warranty or guarantee of quality and does not give rise to any legal consequences other than exclusively the claims of the respective end user expressly stated in the warranty provisions.
6.2 Any warranty claims arising from any defects of products that are not marked with the Seccua brand (including such products that are part of product packages or intended for promotional purposes and are not marked with the Seccua brand) may be asserted in accordance with the warranty conditions of the manufacturer’s warranty of the respective manufacturer that may be enclosed with the respective product. Claims regarding existing manufacturer’s warranties should be made either directly to the respective manufacturer or by telephone to us. In the latter case, we will make reasonable efforts to resolve on your behalf.
§ 7 Rights in case of material defects and defects of title
The limited manufacturer’s warranty described in the foregoing provisions is in addition to and does not limit your statutory rights against the seller of the product for defects in quality or title. Your rights in the event of any defects in quality or title of the products and services purchased from Seccua shall be governed by law and limited as follows. In case of purchase of products or services by natural persons for a purpose that cannot be attributed to their commercial or independent professional activity, a limitation period of 2 years applies to statutory claims for material defects or defects of title; for all other purchasers, a limitation period of one year applies, in each case from the statutory commencement of the limitation period. The limitation of liability pursuant to § 8 of these Terms and Conditions shall apply to claims for damages, irrespective of the legal grounds.
§ 8 Liability
A contractual or non-contractual liability for damages on the part of Seccua, its employees and vicarious agents, irrespective of the legal grounds, exists only if the damage is due to gross negligence or intent. Mandatory liability under the Product Liability Act, for injury to life, limb or health or for at least slightly negligent breach of a material contractual obligation shall remain unaffected. However, damages for breach of a condition which goes to the root of the contract shall be limited to the foreseeable damage which is intrinsic to the contract, except in cases of willful misconduct or gross negligence or in cases of liability for death, personal injury or damage to health. A change of the burden of proof to your disadvantage is not connected with the above regulations.
§9 Export restrictions
You agree to comply with all applicable export restrictions, in particular those of the United States, the European Union and your home country, insofar as they relate to the export, re-export, transfer and resale of products. You agree to refrain from (a) exporting Products to countries to which export is prohibited under the foregoing laws, and (b) exporting Products to countries for which an export license or other regulatory approval is required under the foregoing laws, unless you have obtained such approval in advance. You further declare that you yourself do not reside in, are not subject to the jurisdiction of, and are not a national of any country to which the export of the Products is prohibited by the aforementioned legislation.
§ 10 Final Provisions
10.1 If the purchaser is a merchant, the place of jurisdiction is the registered office of Seccua.
10.2 All contractual relationships between Seccua and the Buyer shall be governed by the laws of the Federal Republic of Germany with the exception of the UN Convention on Contracts for the International Sale of Goods (CISG).
10.3 Insofar as individual clauses of these General Terms and Conditions are ineffective or lose their effectiveness due to a later circumstance or should a loophole become apparent, the effectiveness of the remaining provisions shall not be affected thereby. In the event of an invalid provision or to fill a gap, an appropriate provision shall apply which comes closest to what the parties would have intended if they had considered this point.