GENERAL TERMS AND CONDITIONS

The following text is an automatic translation of our German language terms and conditions and is not legally binding.

§ 1 Scope

(1) These General Terms and Conditions of Sale (hereinafter: T&Cs) apply to all contracts concluded between us,
Secalflor GmbH
Schulstraße 4, 16515 Oranienburg

represented by the managing directors Ole Hülsemeyer and Reinhard Vöhringer
registered in the Charlottenburg District Court under HRB 205902B
and you as our customer in 1. our sales catalog, 2. our advertising materials, 3. our shop, 4. on our website or 5. in any other way.

These T&Cs 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 arise 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 T&Cs valid at the time the contract is concluded is decisive.

(4) We do not accept any deviating conditions from the customer. This also applies if we do not expressly object to the inclusion.

§ 2 Conclusion of contract

(1) The presentation and advertising of articles on our website or 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 the address order@secalflor.de you are placing 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, if applicable under Section 3, remains unaffected by this.

(3) We will confirm receipt of your order immediately in writing (email is sufficient). Such an order confirmation does not constitute a binding acceptance of the order, unless it also declares acceptance in addition to confirmation of receipt.

(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 if the minimum order value is above a certain minimum, which may vary depending on the country. We only accept orders from abroad in writing (by post or email).

(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 of this immediately and immediately refund any consideration already received.

§ 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 in accordance with section 1, you must bear the regular costs of returning the goods.

(3) In all other respects, the provisions set out in detail in the following

Right of withdrawal

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 took possession of the goods.

To exercise your right of withdrawal, you must inform us at 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 email to info@secalflor.de) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. You can also electronically fill out and submit the sample withdrawal form or another clear statement 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 email).

To meet the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of cancellation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You bear the direct costs of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

– End of the cancellation policy –

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

§ 4 Delivery conditions and reservation of advance payment

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

(2) We will either deliver the goods to you or ship them to you at your discretion. The delivery date we have promised is only approximate, unless a fixed date has been expressly promised or agreed in writing.

(3) For orders from customers with a residence or place of business abroad, for new customers or if there are reasonable indications of a risk of non-payment, we reserve the right to only deliver after receipt of the purchase price plus shipping costs (prepayment reservation). 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 via our online shop, we are generally only obliged to deliver after receipt of the purchase price (prepayment).

§ 5 Prices and shipping costs

(1) Unless VAT is stated separately, all prices in our catalog are gross prices including statutory VAT and are exclusive of any shipping or delivery costs that may be incurred.

(2) The flat rate shipping costs for shipping within Germany are included in the price for packages, unless otherwise stated. We generally deliver via freight forwarding, and goods up to 30 kg are regularly delivered by parcel service. Shipping of pallets is subject to additional 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 require express delivery, a surcharge will be charged.

(3) Shipping costs for deliveries to German islands and abroad vary. Please enquire about these by email at order@secalflor.de.

(4) If we fulfill your order by making partial deliveries in accordance with Section 4 Paragraph 1, you will only incur shipping costs for the first partial delivery. If 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 Section 3, you can, under the statutory conditions, request reimbursement of costs already paid for delivery to you (shipping costs) (see Section 3 Paragraph 3 for other consequences of revocation).

§ 6 Terms of payment and offsetting

(1) The purchase price and shipping costs must be paid no later than 14 days after delivery of the purchased item and receipt of our invoice. This does not apply if you are obliged to pay in advance in accordance with § 4 paragraphs 3 and 4. In the case of partial deliveries, we are entitled to invoice only these and to demand payment of the purchase price attributable to them.

(2) You can transfer the purchase price and shipping costs to the account specified on the invoice, give us 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 debit your account at the earliest at the time specified in paragraph 1. In the case of advance payment in accordance with § 4 paragraphs 3 and 4, if you pay by credit card, we undertake not to debit your customer account until the goods have been delivered. A direct debit authorization granted also applies 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 not possible 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 complaints about 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 Gewährleistung

(1) Wir haften für Sach- oder Rechtsmängel gelieferter Artikel nach den geltenden gesetzlichen Vorschriften, insbesondere §§ 434 ff. BGB, soweit nicht im Folgenden abweichend geregelt. Die Verjährungsfrist für gesetzliche Mängelansprüche beträgt zwei Jahre und beginnt mit der Ablieferung der Ware.

(2) Im Falle eines Sachmangels sind wir, nach einer innerhalb angemessener Frist zu treffenden Wahl, zunächst zweifach zur Nachbesserung oder Ersatzlieferung verpflichtet und berechtigt.

(3) Ansprüche auf Sachmängelgewährleistung entfallen, wenn der Sie ohne unsere Zustimmung die Ware nicht entsprechend der Anweisung verwenden. In jedem Fall haben Sie die durch die abweichende Verwendung entstehenden Mehrkosten der Mängelbeseitigung zu tragen.

(4) Sofern Sie Kaufmann sind und uns gegenüber als Unternehmer handeln, gilt in Bezug auf Sachmängel die Rügeobliegenheit gemäß § 377 HGB. Die Rüge gemäß § 377 HGB hat schriftlich innerhalb von 7 Werktagen nach Erkennung des Mangels durch Zugang bei uns zu erfolgen.

(5) Etwaige von uns gegebene Verkäufergarantien für bestimmte Artikel oder von den Herstellern bestimmter Artikel eingeräumte Herstellergarantien treten neben die Ansprüche wegen Sach- oder Rechtsmängeln im Sinne von Abs. 1. Einzelheiten des Umfangs solcher Garantien ergeben sich aus den Garantiebedingungen, die den Artikeln gegebenenfalls beiliegen.

§ 9 Liability

(1) We are 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 wasted expenditure.

(2) In other cases, unless otherwise provided in paragraph 3, we are only liable for breach of a contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you as a customer can regularly rely (so-called cardinal obligation), and this is limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provisions in paragraph 3.

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

$ 10 Copyrights

We own the copyright to all images, films and texts published in our catalog or on our website. The use of 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 carry out the purchase contract, including your email address if you provide it to us. For credit checks, we can use information (e.g. a so-called score value) from external service providers to help us make decisions 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 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 applies, excluding 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 that country remains 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 rest of the contract shall remain valid. Instead of the invalid or unenforceable provision, the parties agree on the effective and enforceable provision that comes as close as possible to what was economically intended. The same applies to unwanted gaps in the contract.

Oranienburg, 7 January 2022