General terms and conditions (T&C) and consumer information
General terms and conditions and consumer information in the context of purchase contracts that are concluded via the Sequinity online shop - hereinafter referred to as "seller" - and the customer - hereinafter referred to as "customer".
§ 1 Applicability and general information
(1) Subject to individual agreements and agreements that take precedence over these terms and conditions, the following general terms and conditions apply exclusively to the business relationship between the seller and the customer. Unless otherwise agreed, the inclusion of the customer's own conditions is contradicted.
(2) The customer is a consumer, insofar as he concludes the contract for purposes that are predominantly neither his commercial nor his independent professional activity. In contrast, an entrepreneur is any natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity.
§ 2 Conclusion of contract
(1) The contract is concluded with:
Heidemühler Weg 14
(2) The essential characteristics of the goods result from the respective product description set by the seller.
(3) All offers in the seller's online shop are merely a non-binding invitation to the customer to submit a corresponding purchase offer to the seller. Once the seller has received the order of the customer, the customer will be sent first a confirmation of his order by the seller, usually by e-mail (order confirmation). The order confirmation does not yet constitute acceptance of the order. Upon receipt of the customer's order, the seller will consider these in the short term and inform the customer within 2 working days whether accepts the order is accepted (order confirmation). The ordering process in the seller's online shop works as follows:
(4) The customer can select products from the seller's assortment and collect them in a so-called shopping cart using the "Add to basket" button. By clicking on the "Basket" button, the customer gets an overview of the selected products. Using the "Buy Now" button, he submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the selected products and the entered data. The application can only be submitted and transmitted if the customer has accepted the conditions of use and trade by clicking the checkbox "With your order, you agree to our general terms and conditions, cancellation policy and data protection provisions" and has therefore included it in their application.
The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt shows the order with the status "On hold" and only documents that the customer's order has been received by the seller. It does not constitute acceptance of the application. The contract is only concluded when the seller issues the declaration of acceptance, which is sent in a separate e-mail and changes the status of the order to "In progress".
§ 3 Object of the contract, quality, delivery, availability of goods
(1) Subject of the contract are the goods and services specified by the customer in the context of the order and specified in the order and / or order confirmation for the final prices specified in the online shop. Errors and mistakes are reserved there, especially with regard to the availability of goods.
(2) Character, texture and quality of the ordered goods results from the product descriptions in the online shop. Images on the website may only reflect the products inaccurately; colors, in particular, can vary considerably for technical reasons. Images are for illustrative purposes only and may differ from the product. Technical data, weight, size and performance description are given as precisely as possible, but may show the usual deviations. The properties described here do not constitute defects in the products supplied by the seller.
(3) If no copies of the selected product are available at the time of the customer's order, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller refrains from a declaration of acceptance. A contract is not concluded in this case.
(4) If the product specified by the customer in the order is only temporarily unavailable, the seller will also inform the customer immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. He will immediately reimburse any payments already made by the customer.
§ 4 Delivery, prices, shipping costs
(1) Delivery to the shipping company takes place no later than four days after receipt of the order. Receipt of money is a prerequisite. The delivery time within Germany takes up to three days. The seller points out any deviating delivery times on the respective product page. You can also find precise information on processing and shipping times under the menu item "Basket" - "Shipping methods".
(2) Delivery is currently made to the following countries:
Australia, Belgium, China, Germany, Denmark, Finland, France, Greece, India, Ireland, Iceland, Italy, Japan, Canada, Liechtenstein, Luxembourg, Monaco, New Zealand, Netherlands, Norway, Poland, Portugal, Russia, Sweden, Switzerland Singapore, Spain, Thailand, Czech Republic, Ukraine, Hungary, Vatican City, United States of America (USA), United Kingdom, Austria.
The seller reserves the right to exclude and cancel orders if delivery to a specific recipient country is not possible. In this case, amounts already paid will be refunded immediately using the original payment method.
(3) All article prices include VAT. The given prices are retail prices plus shipping costs. A value added tax is not shown based on the small business regulation (§19 (1) UStG.).
§ 5 Payment
Payment is made in advance (PayPal, bank transfer). For existing customers with a customer account and an order that has already been successfully completed, the option of payment on invoice is also available.
§ 6 Transport damage
(1) If goods are delivered with obvious transport damage, the customer is asked to immediately report these errors to the deliverer, document them and contact the seller as soon as possible.
(2) Failure to make a complaint or to contact us has no consequences for the customer's statutory warranty rights, but it does help the seller to assert his own claims against the carrier or the transport insurance.
§ 7 Warranty for material defects
(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB.
(2) A guarantee is only given if it has been expressly stated in the order confirmation to the respective items.
(3) All products are individually handcrafted to order. The seller reserves the right to deviate slightly from the product images. Minor deviations are not to be understood as a material defect.
(4) Complaints and claims for defects can be raised at the address given in the seller identification.
§ 8 Retention of title
The delivered goods remain the property of the seller until full payment has been made.
§ 9 Liability
The legal regulations apply.
§ 10 Contract text
The contract text is stored on the seller's internal systems. The customer can view the general terms and conditions at any time on the website under the menu item "Legal" - sub-item "General Terms and Conditions of Trade". The order details will be sent to the customer by email. After completing the order, the order details will only be accessible on the website if there is a customer account.
§ 11 Final provisions
(1) The contract language is German.
(2) The law of the Federal Republic of Germany applies to contracts between the seller and the customer, excluding the laws on the international purchase of movable goods. This choice of law applies to consumers only insofar as the protection provided by mandatory provisions of the law of the state of the habitual residence of the consumer is not withdrawn from the customer.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the seller is the residence of the seller. This also applies if the customer does not have a general place of jurisdiction in Germany or the EU, or if his place of residence or habitual residence is not known at the time the action is brought.
Source / template: Rechtsanwalt Metzler – Rechtsanwalt für Wettbewerbsrecht, Markenrecht und Urheberrecht
(End of terms and conditions)
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.