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 catalogue, 2. our advertising material, 3. our shop, 4. on our website or 5. in any other way presented goods.

represented by the managing directors Ole Hülsemeyer and Reinhard Vöhringer
registered at the 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 of conclusion of the contract shall apply.

(4) We do not accept any deviating terms and conditions of the customer. This also applies 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 catalogue or other advertising documents do not constitute a binding offer to conclude a purchase contract, but an invitation to you to order the products described on the website, in the catalogue or in other advertising documents from us.

(2) By sending an order by e-mail to the address order@secalflor.de, you place 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 being decisive. Your right as a consumer to revoke your order, which may exist in accordance with § 3, remains unaffected by this.

(3) We will immediately confirm receipt of your order 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, the acceptance is declared at the same time.

(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 consider orders for deliveries abroad above a minimum order value, which may vary depending on the country. We only accept orders from abroad in writing (by post or by 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 shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration 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 self-employed 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 revocation in accordance with clause 1, you shall bear the regular costs of the return shipment.

(3) In all other respects, the right of withdrawal shall be governed by the provisions set forth in detail in the following

Cancellation policy

Right of withdrawal

You have the right to cancel 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 or has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform Secalflor GmbH, Schulstraße 4, 16515 Oranienburg, Germany, of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, by fax to +49 (0)3301 5737347-9 or by e-mail to info@secalflor.de). You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website www.secalflor.de. If you make use of this option, you will be informed of your decision to withdraw from this contract. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.

Consequences of revocation

If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal 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; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.

You shall 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 testing the quality, characteristics and functioning of the goods.

- End of the cancellation 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 can spoil quickly or whose expiry 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) We shall, at your option, either deliver the goods to you or dispatch them. The date for the deliveries 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 their place of residence or business abroad, new customers or in the case of 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 advance payment). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period shall be calculated from payment of the purchase price and the shipping costs.

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

§ 5 Prices and shipping costs

(1) Unless VAT is shown separately, all price quotations in our catalogue are gross prices including statutory VAT and are exclusive of any shipping or delivery costs incurred.

(2) The flat rate 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. Pallets are shipped plus shipping costs, which may vary depending on the destination, weight and/or volume. We charge transport and packaging costs at cost price. Shipping costs abroad on request. If you wish express delivery, a respective surcharge will be levied.

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

(4) If we fulfil 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 may, under the statutory conditions, demand reimbursement of costs already paid for shipment to you (costs of delivery) (cf. on other consequences of revocation § 3 para. 3).

§ 6 Terms of payment and set-off

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

(2) You can choose to transfer the purchase price and the shipping costs to the account stated on the invoice, give us direct debit authorisation or pay by EC/Maestro or credit card. In the case of a direct debit authorisation or payment by EC/Maestro or credit card, we will arrange for your account to be debited at the earliest at the time stipulated in paragraph 1. In the case of advance payment in accordance with § 4 paras. 3 and 4, we undertake, in the case of payment by credit card, not to debit your customer account until the goods have been delivered. A direct debit authorisation granted shall also apply to further orders until revoked. We reserve the right to make certain types of payment dependent on a credit check or a maximum order quantity. Payment by cheque is excluded unless it is 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 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 et seq. BGB (German Civil Code), unless otherwise stipulated 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 be obliged and entitled, at our discretion within a reasonable period of time, to repair or replace the goods twice.

(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 arising from the deviating use.

(4) If you are a merchant and act towards us as an entrepreneur, the obligation to give notice of defects pursuant to § 377 HGB (German Commercial Code) shall apply with regard to material defects. The complaint pursuant to § 377 HGB must be made in writing within 7 working days after recognition of the defect by receipt by us.

(5) Any seller's warranties given by us for specific items or manufacturer's warranties granted by the manufacturers of specific items shall be 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 shall be set out 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 stipulated in para. 3 - in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.

(3) Our liability for damages arising 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 pictures, films and texts published in our catalogue 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 data, for the processing of your order and for the execution of the purchase contract, including your e-mail address if you provide it to us. In order to check your creditworthiness, we may use information (e.g. also a so-called score value) from external service providers to help us make a decision and make the method of payment dependent on this. The information also includes information about your address. This is done for the purpose of processing the contract, Art 6 (1b) DSGVO. For details, please see 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 any provision of this contract be or become invalid or unenforceable, the rest of the contract shall remain valid. In place of the invalid or unenforceable provision, the parties agree on the valid and enforceable provision that comes as close as possible to the economic intention. The same applies to unintentional loopholes in the contract.

Oranienburg, 07.01.2022