Terms and Conditions

General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Seicha GmbH) via the website www.seicha.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is contradicted.
(2) Consumer in the sense of the following rules is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither their commercial nor their independent professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity, which acts in the conclusion of a legal transaction in the exercise of their independent professional or commercial activity.

§ 2 Materialization of the contract
(1) The subject of the contract is the sale of goods.
(2) Already with the setting of the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". Using the appropriate button in the navigation bar, you can call the "shopping cart" and make changes there at any time.
After calling the page "Checkout" and entering the personal data and the payment and shipping terms are finally displayed again all order data on the order overview page.

If you choose as a payment method an instant payment system (eg. B. PayPal / PayPal Express, Amazon Payments, Sofort), you will either be guided in our online store to the order overview page or you will first be redirected to the website of the provider of the instant payment system.
If the redirection to the respective instant payment system, you take there the appropriate selection or entry of your data. Finally, you will be directed back to our online store on the order overview page.

Before submitting the order, you have the option to check all the information again here, to change (also via the function "back" of the Internet browser) or cancel the purchase.
By sending the order via the "buy" button, you declare legally binding acceptance of the offer, whereby the contract is concluded.
(4)The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automated. You must therefore ensure that the e-mail address you have deposited with us is accurate, the receipt of e-mails is technically ensured and in particular not prevented by SPAM filters.
§ 3 Right of retention, Retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following also applies:

a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or security transfer is not permitted.

b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, if you fail to properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items Objects at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is incumbent on us.


§ 4 Warranty

(1) There are statutory warranty rights.

(2) As a consumer, you are requested to return the item to us to check immediately for completeness, obvious defects and transport damage and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, this has no effect on your statutory warranty claims.

(3) If you are an entrepreneur, the following warranty regulations apply in deviation from the above:

a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we guarantee, at our option, repair or subsequent delivery. If the elimination of the defect fails, you can either request a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the item or the defect or other circumstances. In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

c) The warranty period is 1 month from delivery of the goods. The shortening of the deadline does not apply:


- culpably caused damage attributable to us from injury to life, limb or health and in the case of other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their normal use and caused its defectiveness;
- in the event of legal recourse claims that you have against us in connection with warranty rights.

§ 5 Choice of law, Place of performance, place of jurisdiction

(1) German law applies. In the case of consumers, this choice of law only applies insofar as this does not remove the protection granted by the mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).

(2) The place of performance for all services from the business relationships with us as well as the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual residence is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention expressly do not apply .





II. Customer information

1. Identity of the seller

Seicha GmbH
Annenstr. 18
20359 Hamburg
Germany
Telephone: 040 30 926 999

E-Mail: info@seicha.de


Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "conclusion of the contract" of our general terms and conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.


4. Essential characteristics of the goods or services

The essential characteristics of the goods and / or services can be found in the respective offer.

5. Prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly labeled button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. If the delivery is made to countries outside the European Union, additional costs for which we are not responsible may arise, such as Duties, taxes, or money transfer fees (bank transfer fees or foreign exchange fees) that you are responsible for.

5.4. Any costs incurred for transferring money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery takes place in an EU member state, but the payment has been initiated outside the European Union.

5.5. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Terms of delivery

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

6.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or someone else appointed to carry out the shipment.

If you are an entrepreneur, delivery and dispatch are at your own risk.

7. Statutory warranty law

The liability for defects is based on the "Warranty" regulation in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by lawyers who specialize in IT law of the dealer association and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, see: https://www.haendlerbund.de/agb- service.

last update: 01.09.2020

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