§ 1 Basic provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Salcar GmbH) via the website sekeymall.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we are making you a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the “shopping cart”. You can access the “shopping cart” and make changes there at any time using the corresponding button in the navigation bar.
After calling up the “Checkout” page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon Payments, Postpay, Sofortüberweisung) as your payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selections or enter your data there. You will then be redirected back to the order overview page in our online shop.
Before submitting your order, you have the opportunity to check all the information again, change it (also via the "back" function of your Internet browser) or cancel the purchase.
By submitting the order via the “buy” button, you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for a quote are non-binding. We will provide you with a binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Right of retention, retention of title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to transfer of title to the reserved goods, pledging or transfer of ownership as security is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale, and we accept the assignment. You are also authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 4 Warranty
(1) The statutory liability for defects applies.
(2) In the case of used items, the warranty period is one year from delivery of the goods, contrary to the statutory regulation. The one-year warranty period does not apply to damages caused by us due to injury to life, body or health, damages caused by gross negligence or intent or fraud on the part of the provider, as well as to recourse claims in accordance with Sections 478 and 479 of the German Civil Code (BGB).
(3) If you are an entrepreneur, the following applies, deviating from paragraph 1:
a) Only our own information and the manufacturer's product description are deemed to be agreed upon as the quality of the goods, but not other advertising, public praise and statements by the manufacturer.
b) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects in writing (e.g. email) within 7 days of receipt of the goods. To meet the deadline, it is sufficient to send the goods in a timely manner. This also applies to hidden defects discovered later. If the obligation to inspect and give notice of defects is violated, the assertion of warranty claims is excluded.
c) In the event of defects, we will provide warranty at our discretion by repairing or replacing the goods. If the repair of the defect fails, you can request a reduction in price or withdraw from the contract at your discretion. The repair of the defect is deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to damages attributable to us that are culpably caused by injury to life, body or health, and damages caused by gross negligence or intent or fraud, as well as to recourse claims in accordance with Sections 478 and 479 of the German Civil Code (BGB).
§ 5 Liability
(1) We are liable without limitation for damages resulting from injury to life, body or health. We are also liable without limitation in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of a guarantee for the quality of the purchased item and in all other cases regulated by law.
(2) Liability for defects within the scope of the statutory warranty is governed by the corresponding provisions in our customer information (Part II) and general terms and conditions (Part I).
(3) If essential contractual obligations are affected, our liability for minor negligence is limited to the typical, foreseeable damage. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.
(4) In the event of a breach of minor contractual obligations, liability shall be excluded in the event of slightly negligent breaches of duty.
(5) Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant or uninterrupted availability of the website and the services offered there.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. The right to also bring the case before a court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 7 Protection of minors
(1) When selling goods that are subject to the provisions of the Youth Protection Act, we only enter into contractual relationships with customers who have reached the legally prescribed minimum age.
Any existing age restrictions will be indicated in the respective item description.
(2) By submitting your order, you confirm that you have reached the minimum age required by law and that your details regarding your name and address are correct. You are obliged to ensure that only you or persons authorized by you to accept the delivery who have reached the minimum age required by law receive the goods.
(3) To the extent that we are required by law to carry out an age check, we instruct the logistics service provider commissioned with the delivery to only hand over the delivery to persons who have reached the legally required minimum age and, in case of doubt, to ask the person receiving the goods to show their identity card for age verification.
(4) If we indicate in the respective item description that you must be at least 18 years old to purchase the goods, in addition to the legally required minimum age, the above paragraphs 1-3 shall apply with the proviso that you must be of legal age instead of the legally required minimum age.
