General 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 supplier (Seewald Transportgeräte GmbH) via the www.shop.seewald-transportgeraete.de website. Unless otherwise agreed, the inclusion of your own terms and conditons, if applicable, is contradicted.

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transacion, acts in their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods.

(2) As soon as the respective product is posted on our website, we are submitting a binding offer to conclude a contract for the online shopping cart system 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“. You can use the corresponding button in the navigation menu to call up the „shopping cart“ and make changes there at any time. After calling up the „Checkout“ page and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, immediate transfer) as a payment method, you will either be taken to the order overview page in our online shop or forwarded to the website of the provider of the instant payment system. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been directed back to our online shop.

Before submitting the order, you have the opportunity to check the information in the order overview again, to change it (also via the „back“ function of the internet browser) or to cancel the order. By submitting the order using the „order with obligation to pay“ button, you delcare legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by E-Mail), which you can accept within 5 days (unless a different period is specified in the respective offer)

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by E-Mail. You must therefore ensure that the E-Mail address you have stored with us is correct, that the receipt of E-Mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Individually designed goods

(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by E-Mail at the latest immediately after the conclusion of the contract. Our possible specifications on file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us from all third party claims asserted in this context. This also applies to the costs of the legal representation required in this context.

(3) We do not check the transmitted data for correctness and we do not assume any liablity for errors.

§ 4 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 fully paid.

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

a) We reserve title to the goods until all claims from the current business relationship have been fully settled. Prior to the transfer of ownership of the goods subject to retention of title, 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 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 o collect he claim ourselves.

c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved good to the other processed items 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.

§ 5 Warranty

(1) The statutory warranty rights apply.

(2) As a consumer, you are requested to check the item for completeness, obvious defect and transport damage immediately upon delivery 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 statutroy warranty claims.

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

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 one year from delivery oft he goods. The shortening oft he deadline does not apply:

– culpably caused damage attributable to us from injury to life, body or health and other damage caused intentionally or through gross negligence;
– as fas 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 have caused ist defectiveness;
– in the case of legal recouse claims that you have against us in connection with warranty rights.

§ 6 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 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 and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have general place of juisdiction in Germany or the EU or if your place of residence or habitual residence is not know 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

Seewald Transportgeräte GmbH
Am Holzgarten 18
82380 Peißenberg
Germany

Phone: +49 (0) 88 03 – 639 107 – 0
E-Mail: info@seewald-transportgeraete.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 occurrence 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. Language of contract, Storage of contract text

3.1. German is the contract language.

3.2. We do not save the full text of the contract. Before sending the order via the online shipping 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 contract and the general terms and conditions will be send to you again by E.Mail.

3.3. In the case of requests for offers outside of the online shopping cart system, you will receive all contract data as part of a binding offer in thext form, e.g. by E-Mail, which you can print out or save electronically.

4. Essential characteristics of the product or service

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

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

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

5.5. 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 deterioration of the item 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 a person otherwise appointed to carry out the shipment.

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

7. Statutory warranty rights

Liabilty for defects is based on the „Warranty“ provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information where created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the even of warnings. You can find more information on this at:https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 27.10.2020