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Terms and Conditions

TERMS AND CONDITIONS

General terms and conditions

1. Scope

For all orders via our online shop by consumers and entrepreneurs the following terms and conditions apply.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed. Entrepreneur is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions of Business, their validity is hereby contradicted; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting party, conclusion of contract

The purchase contract is concluded with SebaPack GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order you will receive another confirmation by e-mail.

3. Contract language, contract text storage

The language available for the conclusion of the contract is German.

We save the text of the contract and send you the order data and our general terms and conditions in text form. You can view the contract text in our customer login.

4. Terms of delivery

In addition to the indicated product prices, shipping costs may be incurred. You will find more detailed information about possible shipping costs in the offers.

In principle, you have the option of picking up your order at SebaPack GmbH, Lindenstraße 2, 39307 Genthin, Germany during the business hours stated below: Monday to Friday from 8:00 o'clock to 17:00 o'clock except on holidays. Please inform us at least two working days before your collection so that we can make the goods available from our warehouse.

5.Payment

In our shop the following payment methods are basically available to you:

Prepayment 
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit Card
When you place your order you provide your credit card details. After your legitimization as a legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

PayPal Plus

Within the payment service PayPal Plus we offer you different payment methods as PayPal Services. You will be forwarded to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment order to PayPal.

If you have chosen PayPal as your payment method, you must be registered there or register first in order to be able to pay the invoice amount and authenticate yourself with your access data. The payment transaction is automatically carried out by PayPal immediately after confirmation of the payment order. You will receive further information during the ordering process.

Credit card via PayPal

If you have chosen the credit card payment method, you do not need to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out immediately after confirmation of the payment order and after your legitimization as the rightful cardholder by your credit card company at the request of PayPal and your card will be charged. You will receive further information during the ordering process.

Direct debit via PayPal

If you have chosen the payment method direct debit, you do not need to be registered with PayPal to pay the invoice amount. When you confirm the payment order, you give PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment order, PayPal requests its bank to initiate the payment transaction. The payment transaction is executed and your account is debited. You will receive further instructions during the ordering process.

Invoice via PayPal

If you have chosen the invoice payment method, you do not need to be registered with PayPal to pay the invoice amount. After successful address and credit check and submission of the order, we assign our claim to PayPal. In this case you can only pay to PayPal with debt discharging effect. For the payment processing via PayPal, the general terms and conditions and the privacy policy of PayPal apply - in addition to our general terms and conditions. Further information and PayPal's complete general terms and conditions for purchase on account can be found here.

Giropay 

After placing the order you will be redirected to the website of your bank. In order to be able to pay the invoice amount via Giropay, you must have a bank account activated for online banking, you must identify yourself accordingly and confirm the payment order to us. You will receive further instructions during the ordering process. The payment transaction is carried out immediately afterwards and your account is debited.

6. Right of withdrawal

Consumers are entitled to the legal right of revocation as described in the revocation instruction. Entrepreneurs are not granted a voluntary right of revocation.

7. Retention of title

The goods remain our property until full payment has been received. 

For entrepreneurs the following applies additionally: We reserve the right of ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You shall remain entitled to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

8. Damage in transit

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects as soon as possible to the deliverer and please contact us immediately. Failure to make a complaint or contact us will have no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the duty to examine and to give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification regulated there, the goods shall be deemed to have been approved, unless the defect is one that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.

9. Warranties and guarantees

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

The following applies to the purchase of used goods by consumers: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods. 

For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is carried out under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

In relation to entrepreneurs, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall assume no liability for public statements by the manufacturer or other advertising statements. 

If the delivered goods are defective, we shall initially provide a warranty to entrepreneurs at our discretion either by eliminating the defect (rectification of defects) or by supplying a defect-free item (replacement delivery). 

The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
• in case of injury to life, body or health

• in the event of intentional or grossly negligent breach of duty or fraudulent intent

• in the event of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)

• within the framework of a guarantee promise, if agreed

• as far as the scope of application of the product liability law is opened.

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

10. Liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

• in case of injury to life, body or health

• in case of intentional or grossly negligent breach of duty

• in the case of guarantee promises, if agreed, or

• as far as the scope of application of the product liability law is opened.

In the event of a breach of material contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise claims for damages are excluded.

11. Settlement of disputes

The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here We are neither obliged nor prepared to participate in dispute resolution proceedings before a consumer dispute resolution agency.

12. Final provisions

If you are an entrepreneur, then German law applies under exclusion of the UN sales law.

If you are a merchant in the sense of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.

 

Terms and conditions creates legal texts with the Trusted Shops in cooperation with FÖHLISCH Rechtsanwälte.

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