General Terms and Conditions

§ 1 Scope of application

(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded between us,
Secalflor GmbH
Schulstraße 4, 16515 Oranienburg, Germany, in 1. our sales catalog, 2. our advertising materials, 3. our store, 4. on our website or 5. in any other way.

represented by the managing directors Ole Hülsemeyer and Reinhard Vöhringer
registered at Charlottenburg Local Court under HRB 205902B
and you as our customer.

These GTC apply regardless of whether you are a consumer, entrepreneur or merchant.

(2) All agreements made between you and us in connection with the purchase contract result in particular from these Terms and Conditions of Sale, the purchase contract concluded with you or the written order confirmation, the offers and our declaration of acceptance.

(3) The version of the GTC valid at the time the contract is concluded shall apply.

(4) We do not accept deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.

§ 2 Conclusion of contract

(1) The presentation and advertising of articles on our website or in our catalog or other advertising materials do not constitute a binding offer to conclude a purchase contract, but rather an invitation to you to order the products described on the website, in the catalog or in other advertising materials from us.

(2) By sending an order by email to order@secalflor.de, you submit a legally binding order, i.e. an offer to conclude a purchase contract. You are bound to the order for a period of two (2) weeks after placing the order; the date of receipt by us is decisive. Your right as a consumer to cancel your order in accordance with § 3 remains unaffected by this.

(3) We will confirm receipt of your submitted order immediately in writing (e-mail is sufficient). Such an order confirmation does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, acceptance is also declared.

(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.

(5) We can only accept orders for deliveries abroad from a minimum order value, which may vary depending on the country. We only accept orders from abroad in writing (by post or e-mail).

(6) If it is not possible to deliver the goods you have ordered, for example because the goods in question are not in stock, we will refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you immediately and refund any payments already received without delay.

§ 3 Right of withdrawal

(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.

(2) If you as a consumer make use of your right of withdrawal according to section 1, you have to bear the regular costs of the return shipment.

(3) In all other respects, the provisions set out in detail in the following shall apply to the right of withdrawal

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

In order to exercise your right of withdrawal, you must inform Secalflor GmbH, Schulstraße 4, 16515 Oranienburg by means of a clear statement (e.g. a letter sent by post, by fax to +49 (0)3301 5737347-9 or by e-mail to info@secalflor.de) of your decision to withdraw from this contract. You can use the attached sample withdrawal form, but this is not mandatory. You can also electronically complete and submit the sample withdrawal form or another clear declaration on our website www.secalflor.de. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g. by e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

- End of the withdrawal policy

(4) The right of withdrawal does not apply to distance contracts for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiration date would be exceeded.

§ 4 Terms of delivery and reservation of advance payment

(1) We are entitled to make partial deliveries insofar as this is reasonable for you.

(2) At your option, we will either deliver or ship the goods to you. The delivery date promised by us is only approximate, unless a fixed date has been expressly promised or agreed in writing.

(3) In the case of orders from customers with a place of residence or business abroad, in the case of new customers or if there are justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of prepayment). If we make use of the prepayment reservation, we will inform you immediately. In this case, the delivery period is calculated from payment of the purchase price and shipping costs.

(4) For orders placed via our online store, we are generally only obliged to deliver after receipt of the purchase price (advance payment).

§ 5 Prices and shipping costs

(1) Unless sales tax is shown separately, all prices in our catalog are gross prices including statutory sales tax and do not include any shipping or delivery costs that may be incurred.

(2) The flat-rate shipping fee for shipping within Germany is included in the price for parcels, unless otherwise stated. In principle, we deliver by forwarding agent, goods up to 30 kg are regularly delivered by parcel service. The shipping of pallets is subject to additional shipping costs, which may vary depending on the destination, weight and/or volume. We charge transportation and packaging costs at cost price. Shipping costs abroad on request. If you require express delivery, a surcharge will be levied.

(3) The shipping costs for deliveries to German islands and abroad are different. Please inquire by e-mail at order@secalflor.de.

(4) If we fulfill your order in accordance with § 4 para. 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(5) If you effectively revoke your contractual declaration in accordance with § 3, you can demand reimbursement of costs already paid for shipping to you (shipping costs) under the statutory conditions (see § 3 para. 3 for other consequences of revocation).

§ 6 Terms of payment and offsetting

(1) The purchase price and shipping costs must be paid within 14 days of delivery of the object of purchase and receipt of our invoice. This does not apply if you are obliged to pay in advance in accordance with § 4 (3) and (4). In the case of partial deliveries, we are entitled to invoice only these and to demand payment of the purchase price due for these.

(2) You may choose to transfer the purchase price and shipping costs to the account specified on the invoice, issue us with a direct debit authorization or pay by EC/Maestro or credit card. In the case of a direct debit authorization or payment by EC/Maestro or credit card, we will arrange for your account to be debited at the earliest at the time specified in paragraph 1. In the case of advance payment in accordance with § 4 (3) and (4), we undertake not to debit your customer account until the goods have been delivered. Any direct debit authorization granted shall also apply to further orders until revoked. We reserve the right to make certain payment methods dependent on a credit check or a maximum order quantity. Payment by check is excluded unless agreed separately in individual cases.

(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. If you are a consumer, you are also entitled to offset against our claims if you assert notices of defects or counterclaims arising from the same purchase contract.

(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 7 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

§ 8 Warranty

(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB, unless otherwise regulated below. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.

(2) In the event of a material defect, we shall initially be obliged and entitled to rectify the defect or make a replacement delivery twice, at our discretion and within a reasonable period of time.

(3) Claims for warranty for material defects shall lapse if you do not use the goods in accordance with the instructions without our consent. In any case, you shall bear the additional costs of remedying the defect resulting from the deviating use.

(4) If you are a merchant and act as an entrepreneur towards us, the obligation to give notice of defects in accordance with § 377 HGB applies with regard to material defects. The complaint in accordance with § 377 HGB must be made in writing and received by us within 7 working days of recognizing the defect.

(5) Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties can be found in the warranty conditions which may be enclosed with the items.

§ 9 Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, we shall only be liable - unless otherwise regulated in paragraph 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

$ 10 Copyrights

We have copyrights to all images, films and texts published in our catalog or on our website. Use of the images, films and texts is not permitted without our express consent.

§ 11 Data protection notice

We collect, process and use your personal data, in particular your contact details to process your order and to execute the purchase contract, including your e-mail address if you provide it to us. We may use information (e.g. a so-called score value) from external service providers to help us check your creditworthiness and make the payment method dependent on this. The information also includes information about your address. This is done for the purpose of contract processing, Art. 6 para. 1b) GDPR. For details, please refer to our privacy policy(www.secalflor.de/datenschutz).

§ 12 Final provisions (applicable law, place of jurisdiction, severability clause)

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is Berlin. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.

(3) Should a provision of this contract be or become invalid or unenforceable, the remainder of the contract shall remain valid. In place of the invalid or unenforceable provision, the parties shall agree on a valid and enforceable provision that comes as close as possible to the economic intent of the invalid or unenforceable provision. The same applies to unintended loopholes in the contract.

Oranienburg, 07.01.2022