§ 1 Basic Provisions
- The following Terms and Conditions apply to all contracts concluded between Seltare and the customer through our website. Any separate terms or conditions of the customer shall only apply if expressly agreed to in writing.
- For the purposes of these Terms:
- Consumer means any individual entering into a legal transaction for purposes primarily outside their trade, business, or profession.
- Business Customer means any natural person, legal entity, or partnership acting in the course of their commercial or independent professional activity when entering into a transaction.
- The contract language is English. The complete contract text may not be permanently stored by us. Before submitting an order through our online shopping cart system, customers may print or save the order details electronically using their browser functions. After the order is placed, the order confirmation, relevant legal information for distance selling contracts, and these Terms & Conditions will be sent to the customer via email.
- For quotation requests submitted by phone, email, or other written communication, customers will receive all contract details and offers via email. These documents may be printed or saved electronically for their records.
§ 2 Contract Object
Subject of the contract is the sale of goods. The details, particularly the essential characteristics of the goods can be found in the product description and product information on the website.
§ 3 Conclusion of the contract
1. The product descriptions of the provider on the Internet are not binding and no binding offer to conclude a contract.
2. The customer may submit a binding offer to purchase (order) via the online shopping basket system.
The purchase of goods intended to be placed in the “basket”. The customer can via the appropriate button in the navigation bar to call the “shopping cart” and then make changes at any time. After calling the page “Checkout” and the input of personal data and the payment and shipping terms all order data are displayed on the order summary page concludes again.
Before submitting the order, the customer has the opportunity here to check all the details again to change, cancel (also using the “back” of the Internet browser) or buying.
By sending the order via the “Buy Now”, the customer makes a binding offer offered.
The customer will receive first an automatic email about the receipt of his order, which does not lead to the conclusion of the contract.
3. The acceptance of the offer (and therefore the contract) shall be made within 4 days by confirmation in writing (e.g., e-mail), in which the customer the execution of the order or delivery is confirmed the goods (order confirmation).
If the customer has not received a corresponding message within this time limit, he is no longer bound to his order. If necessary, services already rendered will be refunded immediately in this case.
4. the customer requests for the purchase of goods or for individual quotations outside the Online – Cart system, which are by phone, by fax or by e-mail sent in writing to the seller are not binding for the customer. The supplier shall submit to the customer for this purpose a binding offers in writing (e.g., by email) that can accept within 7 days the customer.
5. The completion of the order and submission of all necessary information in connection with the conclusion of the contract takes place partially automated email. The customer must therefore ensure that the instrument deposited by him offered e-mail address is correct, the reception of e-mails technically assured and is in particular not prevented by spam filters.
§ 4 Prices and shipping costs
1. The reasons given in the respective offer prices and shipping costs are net prices. They do not include any applicable taxes.
2. The shipping costs are not included in the purchase price enthalten. Die Returns consist of packaging costs and shipping costs. You are on the page “delivery” in the footer or in the basket of the web shop callable and are reported separately during the ordering process and shall be borne by the customer in addition, unless the shipping charge delivery is promised.
3. The customer receives an invoice and depending on the country, with or without VAT included.
§ 5 Payment
1. The conditions governing the payment methods can be found under the same button in the footer again on every page in the web shop.
2. Unless otherwise specified in the individual methods of payment, the payment claims from the completed contract immediately due for payment.
3. If a member appointed by the customer product, contrary to expectations not be available despite prompt conclusion of an adequate hedging transaction from a supplier from reasons not attributable to the customer will be informed immediately about the unavailability and refund in case of withdrawal any payments already made immediately.
§ 6 Return costs, Withdrawal
If there is a use of the statutory revocation is hereby held by contract that the customer has to bear the cost of returning the goods unless the goods delivered not ordered.
The customer has received the goods from 14 days to report taking into account the return costs, the return e-mail, fax, telephone.
§ 7 Retention, retention of title
1. A lien, the Customer only exercise if it is receivable from the same contractual relationship.
2. The goods remain until full payment of the purchase price from the vendor.
§ 8 Warranty
1. The statutory provisions.
2. The customer is asked to check the goods immediately upon delivery for completeness, obvious defects and damage and the seller and the shipper notified objections as soon as possible. As a consumer. The customer fails to comply, this has no effect on the statutory warranty claims.
3. The guarantee does not apply when an unsuitable or improper use, incorrect installation or incorrect or negligent treatment of the resulting defect.
§ 9 Liability
1. The seller shall be liable each unlimited liability for damage arising from injury to life, limb or health, in all cases of intent or gross negligence, fraudulent concealment of a defect, on the takeover of guarantee for the condition of the purchased item, at damage after Product Liability Law and in all other cases established by law.
2. If essential contractual obligations are concerned, the liability of the provider in case of slight negligence is limited to typical, foreseeable damage. Material contractual obligations are essential obligations that arise from the nature of the contract and the breach of which would jeopardize the purpose of the contract and obligations that the seller imposed by the Treaty
according to its content to achieve the purpose of the contract, which makes the proper execution of the contract at all possible may make and on which the customer may regularly rely.
3. In case of breach of minor contractual obligations, liability is excluded for slight negligence.
4. The data communication via the Internet cannot be guaranteed error free and / or available at all times in accordance with the current state of technology. The provider is liable to the extent either for the continuous uninterrupted availability of the website and still the service offered there.
§ 10 Applicable Law, Place of Performance, Jurisdiction
- These Terms and Conditions shall be governed by the laws of the United States. If the customer is a consumer residing in another country, any mandatory consumer protection rights under the laws of their country of residence shall remain unaffected.
- For business customers, the place of performance and exclusive jurisdiction for all disputes arising from the business relationship shall be the registered place of business of Seltare in Brooklyn, unless otherwise required by applicable law. This also applies where the customer has no general place of jurisdiction in the United States or where their residence or principal place of business is unknown at the time legal action is initiated.
- The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
