General terms

General Terms and Conditions Online-Shop

1. Scope

The following General Terms and Conditions (GTC) apply to all orders placed by to both consumers and business customers via our online shop. These GTC also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business. For business customers the following GTC shall apply only for online shop orders.

2. Contractual partner, formation of contract, payment methods

The purchase/service contract is concluded with Sesitec GmbH.

The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail. When the formation of contract occurs, depends from the selected payment method:

Advance payment upon receipt of invoice

Without undue delay upon receipt of the order, we will send to the customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the customer shall not become effective until our acceptance.

Payment on delivery upon receipt of an invoice

In the event that we have agreed to payment after delivery, our invoices shall be due and payable by the customer with¬in 10 business days upon receipt by the customer of the product and the invoice.

PayPal

During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction and hereby accept your order.

3. Contract language, saving of the contract text

The language available for concluding the contract is English. Insofar as these GTC are made available in another language, the German version shall take precedence. We save the text of the contract and forward the order data and our GTC to you by e-mail. You may also view the text of the contract in our customer login area.

4. Delivery conditions, Passing of risk

Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers. We only dispatch goods en route; picking up by the customer is not possible. We do not deliver to packing stations. Partial deliveries of products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby. We shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit times specified by us shall therefore only be non-binding estimates. Notwithstanding the foregoing, if, we have agreed to carry out any assembly or installation work at the customer’s place, we shall timely complete such work and deliver the product to the customer at the time that has been contractually agreed upon. If the customer is a consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the customer upon delivery of the product to the customer or upon the customer’s default of acceptance. In all other cases, if our obligation is limited to the dispatch of the product, such risk shall pass to the customer upon delivery of the product by us to the carrier. If, how¬ever, we have agreed to carry out any assembly or installation work at the customer’s place, the risk shall pass to the customer upon completion of such work and delivery to the customer.

5. Payment

The following payment methods are basically available in our online shop:

Advance payment upon receipt of invoice

In the event that we have agreed to advance payment we name our banking details in the confirmation of receipt of your order. Our invoices shall be due and payable by the customer with¬in 10 business days by the customer upon receipt of the confirmation to banking account.

Payment on delivery upon receipt of an invoice

In the event that we have agreed to payment after delivery, our invoices shall be due and payable by the customer with¬in 10 business days upon receipt by the customer of the product and the invoice.

PayPal

During the ordering process you will be forwarded to PayPal's online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submitting your order in the shop we instruct PayPal to initiate the payment transaction. Directly afterwards, the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.

6. Retention of title

The goods shall remain our property until full payment is made. For business customers, the following applies additionally: We reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale – irrespective of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.

7. Damage during delivery

For consumer the following applies:

If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to assert our own claims against the carrier or transport insurer.

Applicable to business customers:

The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in Sec. 377 HGB: The customer must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.

8. Warranty and guarantees

Unless expressly agreed otherwise below, the law governing liability for defects shall apply.

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For consumers, in the event of a contract regarding used goods shall apply the following: upon occurrence of defects after one year’s period upon delivery of the goods warranty rights shall be excluded. Defects which occur within one year’s period upon delivery of the goods may be challenged within the limitation period for claims for defects by law oft wo years upon delivery of the goods.For business customers, the limitation period for claims for defects with new goods is one year from transfer of risk. In the event of a contract regarding used goods claims for defects shall be excluded The statutory limitation periods for the recourse claim under Sec.  445a German Civil Code (BGB) remain unaffected. With respect to business customers, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. If the delivered item is defective, we may initially choose, with respect to business customers, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a non-defective item (replacement delivery), at our discretion. The aforementioned restrictions and shortened time limit do not apply to claims for damages, which have been caused by us, our legal representatives or legal agents

  • for injury to life, limb or health
  • for deliberate or grossly negligent breach of duty, as well as fraud
  • for breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with,
  • within the context of a guarantee commitment, where agreed,
  • insofar the mandatory liability in accordance with the Product Liability Act apply.

Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable.

9. Liability

We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents

  • for injury to life, limb or health,
  • for deliberate or grossly negligent breach of duty,
  • for guarantee commitments, where agreed towards consumer,
  • insofar the mandatory liability in accordance with the Product Liability Act apply.

For breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with, by us, our legal representatives or legal agentsour civil law liability is limited to the typically foreseeable and direct damages at the time of contract conclusion.

Apart from that damage claims shall be concluded.

10. Intellectual Property Rights

The customer is granted the non-exclusive right to use any software delivered with the product for use in connection with the product. The customer shall have no right to make copies of the software, except for the purpose to use the software pursuant this Section or for back-up purposes. The customer may transfer the rights to the software to any third party only if at the same time title to the relevant product (in particular, a hardware product) is transferred to such third party and the customer does not retain any copy whatsoever of the software. In no event shall we be required to make available the source code of the software.11.

11. Online dispute resolution

The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.

However, we are not obliged nor willing to participate in dispute settlement proceedings before a consumer dispute resolution body.

12. Final provisions

Any contracts entered into between us and the customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions. If the customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code (HGB)) or is a legal entity or special fund organized under public law, the courts in Kempten shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the customer may file suit before any court of competent jurisdiction under applicable law.

Version: May 2018