General Terms and Conditions
1. scope of application
For all orders via our online store 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 can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
With respect to entrepreneurs, these GTC shall also apply to future business relations without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.
2. contracting party, conclusion of contract
The purchase contract shall be concluded with seaEQ GmbH.
By placing the products in the online store, we make a binding offer to conclude a contract for these items. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We store the contract text and send you the order data and our terms and conditions by e-mail. You can view the contract text in our customer login.
4. delivery conditions
Shipping costs are added to the indicated product prices. You can find out more about the shipping costs in the offers.
We deliver only in the dispatch way. A pickup of the goods is unfortunately not possible.
If you choose payment in advance, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.
In the ordering process you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.
As part of the payment service PayPal Plus, we offer various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal. There you can enter your payment details, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the PayPal payment method, in order to pay the invoice amount, you must be registered there or register first and legitimize yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment instruction. You will receive further instructions during the ordering process.
If you have chosen the payment method credit card, 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 instruction and after your legitimation as a legal cardholder by your credit card company at the request of PayPal and your card will be charged. You will receive further instructions during the order process.
If you have chosen the direct debit payment method, you do not need to be registered with PayPal to pay the invoice amount. With confirmation of the payment instruction you give PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is carried out and your account is debited. You will receive further instructions during the ordering process.
6. reservation of proprietary rights
The goods remain our property until full payment.
For entrepreneurs, the following applies in addition: We retain title to the goods until full settlement of all claims arising from an ongoing business relationship. You may resell the goods subject to retention of title 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 goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
7 Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for defect claims shall be one year from the transfer of risk; the statutory limitation periods for the right of recourse pursuant to § 478 BGB shall remain unaffected.
With respect to entrepreneurs, only our own specifications 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 not assume any liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a warranty to entrepreneurs, at our discretion, by rectifying the defect (subsequent improvement) or by delivering an item free of defects (replacement delivery).
The above restrictions and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents in the following cases
in case of injury to life, body or health
in case of intentional or grossly negligent breach of duty as well as fraudulent intent
in the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations)
within the scope of a guarantee promise, if agreed upon
insofar as the scope of application of the Product Liability Act is opened.
Information on any additional warranties and their exact conditions can be found with the product and on special information pages in the online store.
For claims based on damages caused by us, our legal representatives or 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 warranty promises, insofar as agreed, or
insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which is a prerequisite 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, the liability shall be limited to the amount of the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
9. dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
10. final provisions
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
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 place of business.
Terms and conditions created with Trusted Shops Rechtstexter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.
Management: Torsten Dittrich
Tel.: +49-28 39/5 68 43 87