General Terms of Business
1 Completion of Contract
The contract of sale acquires legal validity if your order is accepted by the company SEALUX Unterwassertechnik OHG, either by shipment of the merchandise or by sending a written confirmation of order within a maximum period of 14 days.
The following terms apply exclusively to the processing of the contract, unless something else is agreed in our written confirmation of your order. The following terms of business are deemed to have been accepted once the contract has been completed.
2 Prices and Terms of Payment / Shipment
At the time an order is placed list prices will be applied.
All our prices include the legal VAT but not the shipping cost nor any COD charges, if applicable.
Our invoices will be due immediately and the net amount payable without any discount. Payments will not be considered effectively made until the amount due is at our disposal. In the event of a default of payment we shall be entitled to charge interest on arrears, amounting to 5% for consumers and to 8% for businesses, above the respective base rate set by the European Central Bank in line with the Discount Bridging Act.
Delivery will take place only with payment in advance or COD plus a shipping flat-rate. Differing contract agreements may be entered into with traders.
We are entitled to carry out partial shipments if this not unreasonable towards the customer.
It is up to us to determine the method and routes of shipment as well as to select the shipping agency, unless we receive some specific instructions from the customer.
3 Reservation of proprietary rights
The merchandise will remain the property of the company Sealux Unterwassertechnik OHG until payment has been made in full. In the event of third-party access to the merchandise subject to reservation of ownership, the buyer or customer will point out such ownership by the company Sealux Unterwassertechnik OHG. In the event of a breach of contract on the part of the buyer or customer, in particular in the event of default of payment, this company will be entitled to take back the merchandise subject to the reservation of ownership or to demand the transfer of the right to demand a return of merchandise against a third party.
4 Withdrawal from contract
The buyer is entitled to back out of a contract by notification in writing, if the delivery date confirmed in writing has been exceeded by four weeks. This will not be the case if the company Sealux Unterwassertechnik OHG is not responsible for the delay, especially when the customer does not comply with his duty to cooperate.
5 Cancellation of long distance contracts
Consumers may cancel their order in writing within two weeks without giving any reason (e.g. by letter, fax or email) or – if they received the merchandise before the two weeks have passed – by returning said merchandise. The cancellation period starts on receipt of this information in writing, but not before the arrival of the merchandise at the consignee’s place (when similar items of merchandise are delivered, not before the arrival of the first partial delivery), and not before fulfilling our obligation of giving sufficient information to customers, in line with art. 312c, section 2 of the German Civil Code in conjunction with art. 1, sections 1, 2 and 4 of the Civil Code InfoV as well as our obligation according to art. 312e, section 1, clause 1 of the Civil Code in conjunction with art. 3 of the Civil Code InfoV. To protect your right of cancellation it will be sufficient to return the merchandise or to send off your notice of cancellation, both in good time. Please send your cancellation to: SEALUX Unterwassertechnik OHG, Porschestrasse 4, D-87437 Kempten; FAX: 0831-71865; email: firstname.lastname@example.org
In the event of an effective cancellation, the goods or services received by either party will have to be paid for or returned, while any financial benefits obtained (such as interest) will have to be paid back.
If a buyer or customer cannot reimburse the service received, be it in full or in part, or he or she can return the merchandise only in a state of deterioration, said buyer or customer must pay the corresponding compensation. If the customer was given the use of merchandise, compensation will not be due if the deterioration of such merchandise is exclusively attributable to the checking of the same, the way the customer would have been able to check it in the shop. Apart from that, you can avoid having to pay compensation for a loss of value caused by taking into proper use the merchandise in your possession, by not treating it as your property and by refraining from doing anything that might deteriorate its condition.
The buyer / customer has to check the purchased article or workpiece immediately after receipt of the same to see if it is in perfect condition and suitable for the desired use. Obvious defects or flaws will have to be notified in writing within 14 days of receiving the merchandise. If defects are not notified in the period specified, claims made at a later date will not be recognized. The company Sealux Unterwassertechnik OHG is entitled to remedy flaws or defects by means of a repair. Alternatively, the company Sealux Unterwassertechnik OHG reserves the option of dealing with claims by replacing faulty articles or taking them back and reimbursing the price paid (nullification of sale). Any legal rights of warranty will come to life again only after two failed attempts of repair. Further liability, in particular for inconvenience or consequential damage caused to a third party or objects, will not be accepted. Custom-made merchandise cannot be exchanged.
For a duration of 24 months from the date of delivery we guarantee that the articles delivered are state-of-the-art and free from any defects. A guarantee on normal wear and tear is excluded. For second-hand merchandise the duration of warranty extends to 12 months from the date of delivery.
We do not give warranty on any faults or defects resulting from unsuitable or improper use, disregard of our instructions of use or improper or negligent treatment.
The warranty will expire if our equipment is interfered with or repaired by the customer himself or by persons not authorized by us, in as much as the defect that has developed is based on such interference or repair.
The warranty does not cover the maintenance and care of the product nor mechanical wear and tear.
For our business dealings with retailers or public legal entities in respect of all litigation resulting from the contract, including actions on bills of exchange or cheques, the jurisdiction of the German town of Kempten is agreed. We shall also have the right to go to court at the buyer’s place of residence.
For business dealings with consumers within the European Union the law in force at the consumer’s place of residence may be applicable, too, if we are dealing with a compelling case of infringement of the regulations on consumers’ rights.
If a particular stipulation of the delivery contract or of these General Terms of Business should prove to be inoperative, the remaining stipulations will continue to be legally binding.