General Terms and Conditions

§ 1 – Vendor, inclusion by reference of the General Terms and Conditions

(1) The vendor and contracting party for the merchandise and services presented on www.seco-sign.de is: SECO SIGN GmbH, Haager Straße 10, 81671 München, germany, Telefon +49894483881, E-Mail info@seco-sign.de de (referred to hereinbelow as the “Vendor“ for short).
(2) The present General Terms and Conditions are a component part of any contractual agreement made between the Vendor and the respective customer. The Vendor hereby objects to any terms and conditions that the customer may have established and that contradict the present General Terms and Conditions.

§ 2 – Merchandise offered and conclusion of contract

(1) The vendor is offering the articles presented in the onlineshop www.seco-sign.de for sale. The colors of the articles shown on the website may vary slightly depending on the internet browser and monitor settings used by customers; these variations are technically unavoidable.
(2) If the customer is interested in the articles and/or services of the vendor, he can contact the vendor by e-mail or via a contact form provided on the website of the vendor, describing the desired services and stating the name and delivery address of the customer. The vendor then sends the customer an individual offer by e-mail. The vendor is committed to his offer for 5 days after dispatch of the offer. The customer can accept the offer during the commitment period by a confirmation in text form (e.g. by e-mail), whereby the sales contract is concluded. Confirmations received after expiry of the commitment period will only lead to the conclusion of the contract if the vendor confirms the customer's offer on his part.
(3) The vendor shall confirm the conclusion of the contract by e-mail (contract confirmation).
(4) The vendor reserves the right to reject offers without giving reasons. Partial refusal may be made if individual items contained in the order are sold out; in this case the vendor may limit the conclusion of the contract and delivery to those items that are available.
(5) The selection of merchandise, conclusion of contract and implementation of the agreement shall all take place in German.
(6) The content of the contracts concluded is stored by the Vendor and is send to the customer with the contract confirmation. Furthermore there will not be any more storage of the content of the contract. The customer is adviced to store the e-mails of the vendor containing the offer and the contract confirmation for his own documentation and/or print a copy ot them.

§ 3 – Prices and payment

(1) All product prices are net prices plus aplicable statutory turnover tax (VAT) and shipping costs. The amount of shipping costs incurred will be shown separately in the offer.
(2) Where deliveries are made outside the European Union, customs or acquisition tax for imported goods may have to be paid by the customer to the customs authorities upon receipt of the shipment. These duties will accrue in addition to the purchase price and the shipping costs; the vendor has no means of influencing them.
(3) The vendor shall deliver the merchandise against pre-payment by bank transfer to his German Bank account (IBAN: DE09700202700007751540, BIC: HYVEDEMMXXX). Exclusively SEPA transfers denominated in Euros shall be accepted for bank transfers from abroad. Any bank transfer has to be free of charge for the Vendor. A payment period of 7 days from receipt of the contract confirmation applies to the customer. It is incumbent on the customer to effect payment in such timely manner that the Vendor receives it within the payment period. The Vendor reserves the right to rescind the sale contract and to sell the merchandise to others should the payment not be received by the end of the payment period. Any payment received from the customer following the rescission of the contract shall be reimbursed to the customer.
(4) The Vendor reserves the right to offer the customer in individual cases the payment method "Invoice". In this case, the purchase price is due after receipt of the merchandise and the corresponding invoice and is payable within 7 (seven) days from receipt of the invoice without deduction by bank transfer, unless otherwise agreed.

§ 4 – Shipment, delivery periods, retention of title

(1) Delivery of the merchandise takes place exclusively to the agreed delivery address at the delivery time stated in the offer. By accepting the purchase offer, the purchaser designates a contact person and their telephone number, who can also be contacted by telephone by the deliverer at the delivery date.
(2) The vendor shall deliver the merchandise to destinations worldwide.
(3) If the customer’s order contains more than one product, all products will be delivered in one single shipment; for this shipment, the longest given delivery period for any of the contained products will apply. If the customer wishes a product to be delivered seperately in shorter time, he may place a seperate order for that product.
(4) The vendor reserves the right to retain the ownership of the delivered merchandise until the complete payment of the purchase price.
(5) The parties agree that the transfer of risk shall be the transfer of the goods by the vendor to the delivery company; in the event of loss or damage to a consignment, the vendor undertakes to assign the relevant rights to the customer and to provide him with all information necessary for legal proceedings.
(6) If the customer has chosen "cash payment on collection" as payment method, the goods will not be dispatched. Instead, the customer can collect the goods from the supplier's place of business at the end of the delivery period stated in the offer after conclusion of the contract.
(7) Where a delivery cannot be made because the customer has provided a wrong or incomplete delivery address, an attempt to once again deliver the merchandise shall be made only if the customer accepts to bear the costs of re-shipping the merchandise. The re-shipping costs correspond to the shipping costs agreed at conclusion of contract.

§ 5 – Commissioned work

(1) If explicitly agreed in the order form, the vendor shall develop one draft at most prior to production of a commissioned work on the basis of the customer's specifications. Any further drafts and corrections must be agreed and remunerated separately.
(2) The vendor does not carry out any legal examination of the customer's design wishes. In particular, a search for any name, trademark, copyright, competition or other rights of third parties is not part of the order. It is the responsibility of the customer to secure himself in these matters by consulting qualified legal advisors.

§ 6 – Right of withdrawal for consumers

(1) A customer purchasing as consumer is entitled to a right of withdrawal in accordance with the statutory pre-requisites. A consumer means every natural person who enters into a legal transaction for a purpose that is mainly outside his commercial or self-employed professional activity.
(2) The right of withdrawal shall not exist for contracts regarding the delivery of merchandise that is not prefabricated and is made according to the consumer's individual choice and specifications, or of merchandise that obviously is tailored to meet personal customer requirements.
(3) The pre-requisites and legal consequences of the German stipulations as to consumers’ rights of withdrawal shall apply to consumers having their permanent residence outside of Germany also in those cases in which the consumer’s national law does not provide for a right of withdrawal or provides for a shorter withdrawal period or for stricter requirements as to form.

§ 7 – Warranty, defect liability

(1) All warranty claims (liability for defects) of the customer shall be governed by the statutory regulations.
(2) The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the vendor of this. If the customer does not comply, this has no effect on his warranty rights.
(3) For a customer who buys as an entrepreneur, deviating from paragraph 1 the following applies:
(a) Only the vendor’s product description shall determine the agreed characteristics. Public statements, claims or advertisements by the vendor do not constitute contractually guaranteed characteristics of the merchandise.
(b) The customer is obliged to examine the merchandise without delay and to give notice to the vendor in writing within fourteen days after receipt of the merchandise of such defects as are obvious and recognisable by proper examination. The same notification period shall apply to latent defects or defects occurring at a later point in time, calculated from such defects' discovery. If the customer fails to meet the deadline for notification, he is not entitled to any claims regarding the defects concerned.
(c) The limitation period for defects is one year from delivery of the merchandise. This shortened warranty period does not apply to merchandise that has not been used in accordance with its normal use for a building and has caused its defectiveness, for damage resulting from injury to life, limb or health due to intentional or negligent breach of duty by the vendor or intentional or negligent breach of duty by a legal representative or vicarious agent of the vendor, or for other damages that are based on an intentional or grossly negligent breach of duty by the vendor or a willful or grossly negligent breach of duty of a legal representative or vicarious agent of the vendor, as well as in the case that the vendor has fraudulently concealed the defect.

§ 8 – Final provisions

(1) The laws of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on the International Sale of Goods (UNCISG). However, German law shall not apply to transactions with consumers having their permanent residence abroad to the extent the national laws applicable to those consumers set out provisions that cannot be contracted out to the detriment of the consumers.
(2) The provisions of our data protection declaration, which can be accessed at https://seco-sign.de/de/privacy-policy, apply.
(3) Where the customer is a merchant, legal persons under public law, or special assets (Sondervermögen) under German public law the parties to the sale contract agree to submit the exclusive jurisdiction of the courts at the registered seat of the Vendor in München (Germany) and that the registered seat of the Vendor should also be the place of performance of his contractual obligations.
(4) Should individual provisions of the present General Terms and Conditions prove to be invalid or impossible to implement, this shall not affect the validity of the remaining provisions.
(5) The vendor is not obliged nor committed to use alternative dispute entities to resolve disputes with consumers.