GTC
1. Scope
(1) The terms set out below shall apply to all orders that we (Seslicaia GmbH, Hirschstraße 13, 69190 Walldorf, Deutschland, E-Mail-adress: info@seslicaia.com; hereinafter: "we", "us"; "our") accept and execute through our Online-Shop with end consumers and businesses.
(2) „End consumer“ as used in our terms and conditions shall pursuant to § 13 of the German Civil Code mean any individual entering into a legal transaction that may not be mainly attributed to a commercial business or a self-employed business.
(3) If the customer is an entrepreneur in the sense of § 310 para. 1 BGB, i.e. he acts in the exercise of his commercial or independent professional activity, or if the customer is a legal entity under public law or a special fund under public law, any conflicting terms and conditions of this customer shall expressly not apply unless Seslicaia GmbH expressly agrees to their application in writing. § 312i paragraph 1 sentence 1 number 1 to 3 and sentence 2 BGB are not applicable if the customer is not a consumer.
(4) For reasons of better clarity, only the masculine form of language is used in these General Terms and Conditions. All references to persons apply equally to all genders.
(5) Our General Terms and Conditions shall apply to all deliveries and services. Other terms and conditions shall not become part of the contract, even if we do not expressly object to them.
2. Conclusion of Agreement
(1) Unless specified otherwise your may order all products of our online ship through the website www.valuara.com All product offers listed therein are without obligation are no offers in a legal sense.
(2) If you have made your choice, placed the selected products into the product basket, have ticked the box „Accept Terms and Conditions“ and have sent away your order by clicking the button „Binding Order“ then you have placed a legally binding offer to the conclusion of a sale and purchase agreement regarding the products that you have ordered. Prior to sending you may always remove or add products to your product basket.
(3) Deliveries will be made to EU/EWR-member states and worldwide. The language of the agreement shall be German only.
(4) Upon receipt of your order you will receive an automatically generated summary of your order. This is a non-binding confirmation receipt to let you know that you order has been duly received and which products you have ordered. Only upon our order confirmation or any subsequent delivery a legally binding sale and purchase agreement shall have been concluded.
3. Personal Information on Ordering or in Online-Shop
(1) Through sending your order and your registration with our Online-Shop you assure that all information provided therein, particularly name, Email address, account information is accurate. Please notify us immediately of any changes.
(2) In our online shop you may order goods or services as a guest or after opening a customer account. With a customer account you must not enter your personal data every time you use our online shop, but you may log on to your customer account with your e-mail address and your password before or during the order process. You will not be obliged to buy any of the goods offered by us only due to your registration. For information on the processing of your data, please read our data protection information, which you can find under the following link [. . . . . .]. During your application for registration, you choose a personal user name and a password. You are obliged to keep the password secret and not to disclose it to third parties, i. e. persons outside of your company or persons in your company who do not have power of representation.
(3) You may delete your registration under „My account“ at all times. If your personal information changes, you yourself are responsible for its update. All amendments can be made online under „My account“ after the log in.
4. Prices, Minimum Order Value, Contribution to Shipment Costs
(1) All prices indicated in our online ship are end consumer prices where the at the time of the order applicable statutory VAT is included. The shipping costs are indicated in our price quotations in our online store. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
(2) For each order and delivery address, we charge the shipping and delivery costs indicated according to our current list Shipping and Delivery Costs as well as any applicable customs duties and taxes in the country of destination.
(3) We reserve the right to ship products only after having received a prepayment or through cash upon delivery. We will liaise with you upon receipt of the order.
5. Payment
(1) You may pay your order as follows:
SEPA Standard Direct Debit
Through SEPA standard direct debit mandate you authorize us to retract the invoice amount from your bank account. The authorisation is valid for future invoices also but may be revoked at any time. The debit to the account that you have specified will be placed upon dispatch of your order to the transport agent. Prepayments or advance payments will be debited upon receipt of the order. The deadline for advance notice will be reduced to five working days.
PayPal
When paying via PayPal, the debit of the invoice amount from the account specified by you at PayPal will be initiated at the time of shipment of the goods. The contractual conditions of PayPal apply. If you are not already a PayPal customer, you must first register with PayPal to use this payment method.
Klarna: Pay Now
If you pay with Klarna: Pay now, you have two payment options:
At check-out you Klarna: Pay now as payment method from. The relevant order information from the online store is automatically transferred to the Klarna payment form.
After being redirected to the payment page hosted by Klarna, select the desired payment method. You have the choice between instant bank transfer and direct debit.
For instant transfers with Klarna, you need to enter your online banking details to log in to the corresponding bank account. After confirming the payment, it is authorized in real time. You will then be redirected back to the webshop
For direct debits, as an existing Klarna customer, you enter your account details. If you are not yet a Klarna customer, you must first set up a Klarna account to confirm the payment by entering your IBAN
Apple Pay
You can only use Apple Pay if the system recognizes that you are using an Apple device. To pay online with Apple Pay, you therefore need an Apple device, an Apple ID and a credit card. If you decide to pay with Apple Pay, you must authenticate the online transfer using Touch ID or Face ID. Once the process is completed, we will receive a notification. This allows us to initiate the shipment of orders.
Giropay
It is not possible to transfer money with giropay without online banking. If you choose the payment method giropay, you will go through the following steps:
You select your bank from the list of participating banks. You log into your online banking. After authorization you will receive a confirmation.
Credit Card
When purchasing by credit card, your credit card account will be charged when the order is shipped.
For each order, we reserve the right not to offer certain payment methods and to refer to other payment methods.
(2) The invoice amount is due immediately. The goods will be delivered only after payment in advance.
(3) In the event of a delay in payment, we shall be entitled to charge default interest on monetary debts at a rate of 5 percentage points above the base interest rate (§§ 247, 288 BGB) in the case of consumers and default interest on remuneration claims at a rate of 9 percentage points above the base interest rate in the case of entrepreneurs (§§ 247, 288 BGB). We reserve the right to prove higher damages.
6. Delivery
(1) Unless specified otherwise, delivery will be made through parcel service.
(2) We may to a reasonable extent make partial shipments. The shipping costs for all partial deliveries may not exceed the agreed delivery/freight costs. Your right to withdraw from the entire contract in the event of remaining deliveries not made on time in breach of duty and culpably, if you have no interest in the partial performance already made, remains unaffected.
(3) In the event of force majeure, even if it occurs with upstream suppliers, the delivery period shall be extended to a reasonable extent if we are thereby prevented from fulfilling their obligation in a timely manner, without prejudice to our other rights. All other events unforeseeable by us and for which we are not responsible, for example material procurement difficulties and operational disruptions, strikes, lockouts, lack of means of transport, official interventions, energy supply difficulties - in each case of more than short-term duration - shall be deemed equivalent to force majeure, even if these events affect upstream suppliers. If delivery is made impossible or unreasonable due to the above circumstances, we may withdraw from the contract, without prejudice to other rights. You shall have the same right if you cannot reasonably be expected to adhere to the contract. However, we shall only invoke the aforementioned circumstances if we have notified you thereof without delay.
(4) For consumers: The transfer of risk takes place with the handover of the goods to you as a consumer.
(5) For entrepreneurs: If you are an entrepreneur, the risk shall pass to you upon handover to the transport person, at the latest upon notification of readiness for shipment.
(6) The transfer of risk shall also take place if you are in default of acceptance for which you are responsible. In this case, you must compensate us for any damage to the goods.
7. Explaining the Right to Revocation/ Exclusion/Forfeiture of Revocation Right
(1) If the Customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), the Customer shall have a right of revocation in the case of contracts concluded outside business premises and in the case of distance (selling) contracts.
(2) Contracts concluded away from business premises are (in particular but not conclusively) contracts that are concluded with the simultaneous physical presence of the consumer and Seslicaia GmbH at a place that is not a business premises of Seslicaia GmbH. Remote contracts are contracts in which Seslicaia GmbH and the consumer use exclusively means of remote communication for the contract negotiations and the conclusion of the contract. In this context, means of distance communication are all means of communication that can be used to initiate or conclude a contract without the contracting parties being physically present at the same time, such as online stores, letters, catalogs, telephone calls, telecopies, e-mails, messages sent via mobile phone service (SMS) as well as broadcasting and telemedia.
(3) The revocation instructions and the model revocation form are given below. The following model revocation form can be used by the customer as a consumer for exercising the right of revocation, however this is not mandatory.
(4) No revocation right exists according to § 312g subsect. 2 German Civil Code, amongst others, for agreements regarding delivery of products that are not prefabricated and where its manufacturing is mainly based on an individual selection or a specification of the customer and for agreements for delivery of goods with minimal shelf life or where the shelf life has expired. The revocation right is forfeited for agreements regarding delivery of sealed products which, for reasons of health protection or hygiene are not suitable for return or if the seal has been removed after delivery, or for agreements regarding delivery of sound or video recordings or computer software in a sealed packaging if the seal has been removed after delivery.
(5) In the event of a revocation, the customer (consumer) shall bear the direct costs of the return shipment.
Right to Revocation
You have the right to revocation of this Agreement within fourteen days (14) without giving reasons.
The revocation term shall be fourteen (14) days starting at the date at which you or any third party designated by you (other than the delivery agent) shall have taken possession of the product.
To exercise your right of revocation you must inform us (Seslicaia GmbH, Hirschstraße 13, 69190 Walldorf, Telephone: +49 6227 - 7883130, E-Mail-Address: info@seslicaia.com) though explicit notice (e.g. letter sent by ordinary mail or Email) about your decision to revoke this Agreement. You may use the revocation form which we attached hereto but this is not required.
To meet the deadline for revocation, it shall be sufficient that you send away the notice on the revocation of this Agreement prior to expiry of the revocation deadline.
Effects or Revocation
If you revoke this Agreement, we must refund to you all payments that we have received from you including the costs of delivery (except those incremental costs that have been caused by your selection of a delivery mode different from the cheapest standard mode offered by us) immediately, however, no later than by fourteen (14) days after the date at which we have received your notice of revocation of this Agreement. For such refund, we shall use the same payment mode that you have used for payment of the original transaction unless we have expressly agreed otherwise with you; in no event, we will change any fees for the refund. We may refuse the refund until we have received the product back or have you have proved that you have returned the product, whichever is the earlier.
You must immediately, in any case no later than fourteen days after the date at which you have notified us on your revocation of this Agreement, return the goods to us. To meet the deadline, it shall be sufficient that you send away the products prior to expiry of the deadline.
You will cover the direct costs of the return of the product.
You shall be responsible for any deterioration of the product only if such deterioration has been caused by any treatment exceeding the orderly examination of the condition, characteristics, and functionality of the product.
Template:
Model revocation form
(If you want to revoke the contract, please fill out this form and send it back).
- An (Seslicaia GmbH, Hirschstraße 13, 69190 Walldorf, E-Mail-Adresse: info@seslicaia.com):
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/for the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of paper communication)
- Date
9. Retention of Title
(1) For consumers: The delivered goods (reserved goods) shall remain our property until full payment of all claims arising from this contract.
(2) For entrepreneurs: The delivered goods (goods subject to retention of title) shall remain our property until all claims have been fulfilled to which we are entitled against you now or in the future, including all balance claims from current account. If you act contrary to the contract - especially if you are in default with the payment of a claim for payment - we have the right to withdraw from the contract after we have set a reasonable deadline for performance. If we take back the reserved goods, this already constitutes a withdrawal from the contract. You shall bear the transport costs incurred for taking back the goods. It also constitutes a withdrawal from the contract if we seize the goods subject to retention of title. We shall be entitled to dispose of any goods subject to retention of title taken back by us. The proceeds of the sale shall be offset against the amounts you owe us after we have deducted a reasonable amount for the costs of the sale.
If you so request, we shall be obliged to release the securities to which we are entitled to the extent that their realizable value exceeds the value of our outstanding claims against you by more than 10%. We may, however, select the securities to be released.
(2) You must treat the reserved goods with care. You must sufficiently insure them at your expense against damage by fire, water and theft at replacement value.
(3) In the event of seizure of the reserved goods by third parties or in the event of other interventions by third parties, you must point out our ownership and must notify us immediately in writing so that we can enforce our ownership rights.
(4) If the third party is not able to reimburse the judicial or extrajudicial costs incurred by us in this connection, you shall be liable for them.
10. Defects/Warranty/Guarantee
(1) For consumers: If any products should have evident defects or manufacturing faults including any damages caused by transport, please immediately notify these faults to us or to the individual delivering the product on behalf of the delivery company. Failure to raise such objection is of no adverse effect to your rights.
(2) For entrepreneurs: If you are a merchant, you must notify us of any visible defects in the delivered goods without delay, at the latest within eight days of delivery, otherwise the goods shall be deemed to have been approved. Defects that are not recognizable must be reported immediately, at the latest within eight days of discovery, otherwise the goods shall be deemed to have been approved.
(3) To all defects of the purchased product arising during the warranty period the legal remedies shall apply which shall, depending on your selection, include the legal right to subsequent performance, curing of fault/new delivery and – if the requisite legal requirements are met – further rights to abatement or rescission of contract and also to compensation of losses including the right to demand compensation in lieu of completion and refund of useless expense. If you are an entrepreneur, the choice of the modality of subsequent performance (rectification or subsequent delivery) is made by us.
(4) If your request for subsequent performance proves to be unfounded after inspection of the goods, we may, without prejudice to any other rights, charge any costs for shipping the goods to us and returning them to you as well as costs for inspecting the goods if you recognized or negligently failed to recognize that your request for remedy was unfounded.
(5) Place of performance of the subsequent performance is our place of business.
(6) Should we undertake to provide you explicitly with a seller’s warranty please refer the warranty terms and conditions for any details which have been attached to delivered articles. Warranties are valid without prejudice other to legal remedies/claims.
11. Disclaimer
(1) Notwithstanding applicable provisions of law, our liability to compensation of losses is subject to the following disclaimers and qualifications:
(2) We shall be liable for wilful misconduct or gross negligence. For simple negligence we shall be liable only in case of violation of an obligation the compliance with which is as essential prerequisite for orderly performance of this Agreement and on the due performance of which the counterpart can reasonably rely (so-called „key obligations“). Apart therefrom, we do not assume any liability for losses of any kind, irrespective of the legal basis therefor which shall also include also any pre-contractual liability.
(3) If we shall be liable for simple negligence according to subsect. 1 above, our liability shall be limited to losses the occurrence of which we could have reasonable foreseen based on the situation known to us upon conclusion of this Agreement.
(4) The above liability provisions do not apply if we have issued a guarantee for the characteristics of a product or for damages that are to be compensated pursuant to the Product Liability Act or for losses/damages regarding life, physical integrity or health or for remedies based on applicable laws.
(5) The above disclaimers apply also to the benefit of our employees, agents and other third parties we have retained for the execution of this Agreement.
12. Data Protection
We collect and store data of our customers necessary for processing the business transaction. We adhere to applicable laws then processing personal data. Details are set out in our Data Protection Statement that you can retrieve online. You can always obtain information on your personal data that we have stored.
13. Alternative Dispute Resolution
The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. More information is available at the following link:
https://ec.europa.eu/consumers/odr
We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
14. Language of Agreement/Storage of Order Text
(1) The conclusion of this Agreement is made in German. You can print your order data immediately after submitting the order. If you have registered in the online store and activated a customer account, the order data will be accessible after the conclusion of the contract when you log into your customer account in the online store.
(2) The content of the contract will be displayed to you in the order confirmation/order confirmation sent by e-mail or in the shipment notification, each of which also contains these GTC, and can be printed out by you using the print function of your browser or saved as a PDF.
(3) Translations of these terms and conditions and information in the Online-Shop are for guidance only. In the event of divergence between two language versions, the German version alone shall prevail.
15. Applicable Law/Court of jurisdiction
(1) These terms and conditions and the entire legal relationship between us and our counterparts shall be governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the provisions of German Private International Law.
(2) The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Purchaser as a consumer has his habitual residence, shall remain unaffected by Clause 15 (1).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the exclusive place of jurisdiction; however, we shall also be entitled to bring legal action against you at your general place of jurisdiction. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
(4) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.
16. Identity and Legal Address
Our address for objections and other legal notices and the address for summons shall be:
Seslicaia GmbH
Hirschstraße 13
69190 Walldorf