General Terms and Conditions
Terms of Service
§ 1 Scope and Provider
(1) These terms and conditions apply to all orders you make at the online store of
SENO TECHNOLOGY- Sebastian Noworolski
Neureuter Strasse 53
Telephone: +49 176 43877555
Owner: Sebastian Noworolski
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its independent professional or commercial activity.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions therefore apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our terms and conditions, is already contradicted.
(4) Contract language is exclusively German.
(5) You can view the currently valid terms and conditions on the website www.senotechnology.com or www.seno-offroad.com
retrieve and print.
§ 2 Conclusion of contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding request to order goods in the online shop.
(2) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are stored in the "shopping cart". Via the corresponding button in the navigation bar, you can call up the "shopping cart" and make changes there at any time.
After accessing the "Cashier" page and entering the personal data as well as the terms of payment and shipping, all order data will be displayed on the order summary page.
Insofar as you use an instant payment system (eg PayPal, Amazon Payments, etc.) as the payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the Internet site of the provider of the instant payment system.
If the forwarding to the respective instant payment system takes place, make the appropriate selection or input of your data there. Finally, you will be directed back to our online shop on the order overview page.
Before submitting the order, you have the opportunity to review all information here again, to change (also via the function "back" of the Internet browser) or cancel the purchase.
By submitting the order via the button "Buy now" you declare legally binding the acceptance of the offer, whereby the contract is concluded.
(3) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 prices and payment methods
(1) The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs. For more information on shipping costs, visit our website at www.seno-offroad.com
(2) The prices quoted in the respective offers and the shipping costs are total prices. They include all price components including all applicable taxes.
(3) The resulting shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, will be shown separately in the course of the order process and are to be borne by you in addition, unless the free shipping delivery is promised.
(4) If the delivery is to countries outside the European Union, we may be responsible for other costs, such as customs duties, taxes or money transfer fees (transfer or exchange rate charges of the credit institutions), which are borne by you. You also have to bear the costs incurred in transferring the money in cases where the delivery was made to an EU member state but the payment was initiated outside the European Union.
(5) The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
(6) Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
§ 4 Terms of payment; delay
(1) Payment may be made by:
Invoice in advance,
cash on delivery,
(2) We are responsible for the selection of the payment methods available. In particular, we reserve the right to offer you only selected payment methods for payment, for example, to secure our credit risk, only advance payment.
(3) When selecting the payment method in advance we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days after receipt of the order confirmation.
(4) When paying by cash on delivery, an additional fee of 5 EUR, within Germany and 7.90 EUR, outside of Germany is due, which raises the deliverer on site. Further costs and taxes are not applicable.
(5) When paying by credit card, the purchase price is reserved on your credit card at the time of the order (authorization). The actual charge on your credit card account will be at the time we ship the goods to you.
(6) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately thereafter.
(7) If you pay by direct debit, you may be responsible for any costs incurred as a result of a chargeback of a payment transaction due to a shortage of funds or due to incorrectly transmitted bank details.
(8) If you are in arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. For each reminder sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher damage is proven in individual cases.
§ 5 set-off / right of retention
(1) You are only entitled to set-off if your counter-claim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 delivery; Retention of title
(1) Unless otherwise agreed, the delivery of the goods from our warehouse to the address specified by you.
(2) The goods remain our property until full payment of the purchase price.
(3) Exceptionally, we are not obligated to deliver the ordered goods if we have ordered the goods properly on our part, but were not supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of product availability and have informed you of this fact without delay. In addition, we must not have assumed the risk of obtaining the ordered goods. If the goods are unavailable, we will immediately reimburse you for any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to the ordering of goods, which is described only by their nature and their characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods we order from our suppliers.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
- We reserve ownership of the goods until the complete settlement of all claims from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
- You may resell the goods in the ordinary course of business. In this case, you already enter all claims in the amount of
- Invoice amount, which accrue to you from the resale, from us. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
- In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
- Delivery and shipment are at your own risk.
§ 7 Transport damage
(1) If goods are delivered with obvious transport damages, please complain such errors immediately to the deliverer and please contact us as soon as possible.
(2) Failure to make a complaint or contact has no consequences for your statutory warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.
§ 8 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods - deviating from the statutory provisions - is one year. This restriction does not apply to claims based on damages resulting from injury to life, limb or health or from the violation of a material contractual obligation, the fulfillment of which enables the proper execution of the contract and on whose compliance the contractual partner can regularly rely (cardinal duty) as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) For the rest, the statutory provisions apply to the warranty.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions with the following modifications apply:
- For the condition of the goods are only our own information and the product description of the manufacturer binding, but not public suggestions and statements and other advertising of the manufacturer.
- You are obliged to inspect the goods immediately and with the required care for quality and quantity deviations and to notify us of obvious defects within 7 days from receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects from discovery. In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.
- In the case of defects, we provide warranty at our option through repair or replacement (supplementary performance). In the case of rectification, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, unless the shipment corresponds to the intended use of the goods.
- If the supplementary performance fails twice, you can request a reduction or withdraw from the contract.
- The warranty period is one year from date of delivery.
§ 9 Liability
(1) Unlimited liability: We are unlimitedly liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, limb and health of persons.
(2) For the rest, the following limited liability applies: In case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal duty). Liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies in favor of our vicarious agents.
§ 10 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online order without the intervention of a court. The Dispute Settlement Platform is available at the external link http://ec.europa.eu/consumers/odr/ reachable.
We endeavor to settle any disputes arising from our contract by mutual agreement. In addition, we are not obligated to participate in a conciliation procedure and unfortunately can not offer you participation in such a procedure.
§ 11 Language, Jurisdiction and Applicable Law
(1) The contract will be drafted in German. The further implementation of the contractual relationship takes place in German. Only the law of the Federal Republic of Germany applies. For consumers, this applies only insofar as this does not restrict any statutory provisions of the state in which the customer has his domicile or habitual residence. The place of jurisdiction for disputes with customers who are not consumers, legal entities of public law or special funds under public law is the domicile of the provider.
§ 12 Final Provisions
(1) Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.
(2) Exclusively German law is applicable to contracts between us and you excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, "UN Sales Convention"). Compulsory regulations of the country in which you usually reside, remain unaffected by the choice of law.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
AGB is based on a sample of HÄRTING Rechtsanwälte, Berlin
As of : 07, 2018