I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions are valid for all contracts you make with us as a vendor (SEKURUM GmbH) via the website tresor-online.ch. Unless otherwise agreed upon, the potential conditions applied by you will not be taken into account.
(2) A consumer, for the purpose of this directive, is every individual person who enters this legal transaction without the main objective being connected to either their commercial, or self-employed, professional activities. An entrepreneur is every individual/legal person, or a business partnership with a legal capacity, who enters this transaction in the exercise of their self-employed professional, or commercial, activity.
§ 2 Implementation of the Contract
(1) Subject of this contract is the sales of goods.
(2) Already by listing the respective product for sale on our website, we make you a binding offer for the execution of the contract in accordance with the conditions mentioned in the product description.
(3) The contract will come about by the online basket-system as follows:
The products you intend to purchase are to be dropped into the “basket”. Via the corresponding button on the navigation menu You can always access and make changes to your basket by clicking on the corresponding button on the navigation menu.
After accessing the „cashier“ page and entering your personal data as well as payment and shipping information, you will see an overview of your entire order’s information on the order overview page.
Should you choose a down payment system (such as PayPal / PayPal Express, Amazon-Payments, PostPay, Down Payment), you will be forwarded to either our order overview page or to the website belonging to your provider who facilitates your down payment.
Should you be forwarded to the website of the down payment system, please proceed with the appropriate selection, or entering, of your personal information. Subsequently, you will be forwarded back to our online-shop’s order overview page.
Before dispatching your order, you are given the possibility to check, and change (by using the “undo” button of your browser), your information or to cancel the purchase.
By dispatching your order via the button “Obliged to Pay Order” you legally accept the offer, and you enter a contract.
To begin with, you will receive an e-mail confirming the receipt of your order. This e-mail does not yet lead to the conclusion of a contract.
(3) The acceptance of the offer (and the subsequent conclusion of the contract) will follow within two days in written form (such as an e-mail), which will confirm the fulfilment or the dispatch of the order (order confirmation).
In the case that you do not receive such a message, you ae not bound to the offer any more. Any payments that have been made by then will be refunded immediately in this case.
(4) Your inquiry concerning the closing of an offer are non-binding for you. Concerning this matter, we will present you with a binding offer in a written form (such as an e-mail) which you can accept within five days.
(5) The offer’s transaction and the transfer of all necessary information concerning the closing of the offer will take place, in a partially automated way, via e-mail. You therefore will have to ensure that e-mail address you indicated is correct, that the delivery of e-mails is technically ensured, and that the e-mails will not be sorted into the SPAM folder.
§ 3 Individually Designed Product
(1) You will have to provide us with all the information, texts, and data needed for the individual design of your product via our online ordering system. The latest point at which this information can be received is by the time of the contract’s closing via e-mail. Any possible requirements of ours concerning the file format must be taken into consideration.
(2) You pledge yourself to not forward any information which will harm the rights of a third party (especially copyrights, name rights, and trademark rights) or which will violate any existing laws. You will furthermore release us from any claims of third parties made in this respect. This also concerns the expenses of any necessary legal representation.
(3) We will not make an audit of the transferred data concerning their content-related correctness, hence we assume no liability for any mistakes.
(4)Any texts, pictures, graphics and design we will make in regards to the individual design are subject to copyright.
The usage, reproduction and adaptation of individual parts or entire contents is only permitted with our explicit consent.
If not stated any differently, we will transfer an unlimited usage right of the copyrighted items which were designed for you. It is expressively prohibited to make the copyrighted items, or parts of them, available for third parties (for both private and commercial purposes).
The transfer of the usage rights be conditional upon the completed payment of the agreed-upon purchase price.
§ 4 Right of Retention/Retention of Title
(1) You may only exercise your right of retention if it is concerned with the demands from the same contractual relationship.
(2) The product will remain to be our property until the payment of the purchasing price is completed.
(3) In case you are an entrepreneur, the following applies:
a) We will preserve our ownership of the products until all receivables are fully settled in accordance to the current terms and conditions. A pledge or security transfer is not permitted until the transfer of ownership of the reserved goods is completed.
b) You can resell the goods in an orderly course of business. In this case you will assign all the claims amounting to the invoiced amount, which you will receive from the reselling, to us now already, and we shall accept these claims. You are furthermore authorized to collect the claim. In case you are unable to orderly fulfil the payment obligation, we reserve the tight to collect the claim ourselves.
c) With the combination and commingling of the goods subject to reservation with other goods by the customer, we shall be entitled to co-ownership in the new goods in the relationship of the invoice value of the goods subject to the reservation compared to the invoice value of the other used goods.
d) We shall undertake to release the sureties due to us at the demand of the Company, in so far as the realisable value of the same exceed the guaranteed claims by more than 10 %; the selection of the sureties to be released shall be incumbent on us.
§ 5 Warranty
(1) The statutory warranty rights are asserted.
(2) Warranty claims exclude used items, in which the defect is determined after the expiry of one year after the date of delivery. If the defect becomes apparent within one year after delivery of the item, claims for defects may be asserted within the statutory limitation period of two years starting from the delivery of the item. The limitation mentioned above hence does not apply.:
- for us culpably caused damages resulting in the violation of life, the body or health and a damage caused by malice aforethought or gross negligence;
- insofar as we have maliciously failed to disclose a defect or have assumed a guarantee for the condition of the goods.
(3) Furthermore, you are requested to check the goods for completeness, obvious defects and transport damage after the delivery and to inform the seller and the forwarding agent about any reclamation the quickest possible. A failure to do so will not affect your statutory warranty claims.
(4) If you are an entrepreneur, the following applies in deviation from the warranty regulations mentioned above:
a) Only our own information and the product description by the manufacturer – but not other advertising, public promotions or statements by the manufacturer – are deemed as agreed with respect to the characteristics of the goods.
b) In the event of the deficiency of the goods supplied, we shall remedy the shortcoming at our choice by repair or subsequent delivery. If the subsequent remedial action fails, you can choose to demand a reduction or a cancellation of the contract. The repair of the defect shall be deemed as failed after the second unsuccessful attempt, if nothing else in particular arises from the nature of the object or the defect or other circumstances. In the event of a rectification, we are not obligated to bear the increased costs which arise by the transport of the goods to a location other than the place of performance, if the transport does not correspond to the intended use of the goods.
c) The warranty period equals one year after delivery of the goods. The time-limit does not apply:
- for us culpably caused damages resulting in the violation of life, the body or health and a damage caused by malice aforethought or gross negligence;
- insofar as we have maliciously failed to disclose a defect or have assumed a guarantee for the condition of the goods.;
- to items that have been used for a building structure commensurate with their normal use and have caused defects therein;;
- regarding statutory rights of recourse, which you hold against us in correlation to the defect rights.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) The Austrian law applies. For any consumer, this choice of law applies only to the extent that the protection granted by the mandatory provisions of the law of the country of the consumer's usual residence is not deprived (favourability principle).
(2) The place of performance for all services from the existing business relationship with us and seller's jurisdiction is our place of business, if the buyer is not a consumer, but a business person, legal person of public law or public law special fund. The same applies, if you do not have a general place of jurisdiction in Germany, or the EU, or if your residence or permanent address is not known at the time of commencement of an action. The authorisation, to move the court to another court of jurisdiction is unaffected by that.
(3) The provisions of the UN sales law are expressively not applicable..
II. Client Infrmation
1. Identity of the Seller
SEKURUM LTD
Leopoldstraße 48
6020 Innsbruck
Österreich
Telephone Number: +43 512 58 10 14
E-Mail: bestellung@tresor-online.ch
The European online Dispute Resolution platform ("OS-platform") is made available thanks to the provision by the EU-commission in the portal "Your Europe" (
http://europa.eu/youreurope/citizens/index_de.htm).
2. Information Concerning the Conclusion of the Contract
The technical steps leading tot eh conclusion of contract, the conclusion of contracts itself and the correction options shall be carried out in accordance with § 2 om our Terms and Conditions (Part I.).
3. Contract Language, Contract Text Storage
3.1. The contract language will be German.
3.2.The contract text is not stored by us. Before dispatching the order via our online basket-system you have the option to print, or save, the contract-information by using the printing function in the browser. After we have received the order, the order information The information prescribed by law concerning distance contracts and the terms and condition will be send to you once more after we have received your order.
3.3. In cases of request for proposal which do not go through the online basket-system, you will receive the contract information as the part of a binding offer via e-mail, which you can then print or save on your computer.
4. Essential Features of the Goods or Services
You may find the essential features of goods and/or services in the article description and the additional informations on our website.
5. Costs and Payment Terms
5.1. The costs mentioned in the respective offers as well as the shipping costs make for the full price. The include all price compartments including taxes.
5.2. DThe arising shipping costs are not included in the purchase price. They are made available via using the appropriately named button on our website or in the item’s information box. They will be separately stated during the ordering process and they are considered an extra charge for you unless the offer qualifies for free shipping.
5.3. The payment methods we will provide you with are made available on the appropriately named button on our website or in the item’s information box.
5.4. The payment claims are due immediately should it not be stated any differently in the individual payment methods.
5.5. Purchase on Account
In cases of purchases on account, the invoice amount will be due on the calendar day mentioned on the invoice (i.e. 20 calendar days after the date of invoice) and shall be transferred onto the account mentioned on the invoice. The payment method purchase on account is not made available for all offers and requires a successful credit assessment by the Billpay Ltd
https://www.billpay.de/endkunden/, and if necessary, by the service provider which works in cooperation with Billpay, i.e. net-m privatbank 1981 plc. If the customer is authorized to a purchase on account after the credit assessment, the purchase and payment will be processed in cooperation with Billpay Ltd and net-m privatbank 1891 plc, to which we will assign our payment claim. The customer is henceforth only able to make payments with a debt-discharge effect to the net-m privatbank 1891 plc, or in the cases of customers from Germany and Switzerland, to Billpay Ltd. Even if you make a purchase on account, we are still responsible for any customer-questions (such as goods, delivery duration, shipment, returns, reclamation, notice of revocation and credits.
5.6. Purchase via Direct Debit; Direct Debit Authorization; Processing Fees in Cases of Return Debits
(a) In the case of a purchase by direct debit, the payment amount is immediately due for payment to the net-m privatbank 1891 plc (www.privatbank1891.com), which works together with Billpay, and has to come from the current count mentioned in the order process at the bank specified there (the current account). You hereby issue net-m privatbank 1891 plc with a SEPA Direct Debit Mandate for the collection of due payments and instruct your financial institution to charge the direct debits. The Creditor Identifier of the net-m privatbank 1891 plc is DE62ZZZ00000009232. The unique Mandate reference will be forwarded to you at a later point in time via email.
Please note: You may demand the refund of the charged amount within eight weeks, starting from the date of order. In this case, the conditions you have agreed upon with the financial institute apply. Please note that the outstanding debts will also remain in cases of return debits. You can find more information on the following website: www.billpay.de/sepa.
The advance information concerning the collection of the SEPA Direct Debit Mandate will be send to the e-mail address given during the ordering process at least one day before the due-date.
If the current account does not have the required coverage, the account-holding financial institute is under no obligation of payment. Partial payments are not facilitated through direct debit.
(b) The payment method purchase on account is not made available for all offers and requires a successful credit assessment by the Billpay Ltd
https://www.billpay.de/endkunden/, and if necessary, by the factor which works in cooperation with Billpay. Furthermore, customers from Austria need a current account based in Austria, whilst customers from Germany need a current account based in Germany. If the customer is authorized to a purchase on account after the credit assessment, the purchase and payment will be processed in cooperation with Billpay Ltd, and, if applicable, with any factor that cooperates with Billpay, to which we will assign our payment claim. The can customer is henceforth only able to make payments with a debt-discharge effect to the factor, or in the cases of customers from Germany and Switzerland, to Billpay Ltd. Even if you make a purchase on account, we are still responsible for any customer-questions (such as goods, delivery duration, shipment, returns, reclamation, notice of revocation and credits.
(c) By specifying the current account, you confirm that you are entitled to direct debit via the corresponding current account and that you will provide the necessary coverage. Return debit notes are connected with a high expenditure and costs for both us and Billpay or the factor working together with Billpay. In the event of a return debit note (due to lack of necessary cover of the current account, due to expiry of the current account, or unjustified objection by the account holder), you authorize Billpay GmbH or, in the case of Austrian customers, the factor cooperating with Billpay, to file the debit note for the respective due payment obligation a second time. In such a case you are obliged to pay the costs incurred by the return debit note. Further claims are reserved. Considering the effort and costs that arise in connection to return debit notes, and in order to avoid the processing fee, we ask you not to object to the debit note in cases of a cancellation or withdrawal from the purchase contract, a return, or a complaint. In such a case, the payment will be rescinded by reverse transfer of the corresponding amount or by credit note, after having consulted with us.
5.7. Due Date for the Purchase on Account and the Purchase by Direct Debit
The billing request is due for payment on the calender day mentioned in the invoice (Term of payment). Claims based on the purchase on direct debit is due for payment immediately. If you do not meet the payment obligation or not fully within the period allowed for payment, you will be in default without further reminder and shall pay default interest of 10% per year. The default action will be handled by Billpay Ltd, and if applicable by any factor working with Billpay. They will be entitled to charge a fee of up to EUR 15.00 per payment reminder as well as other fees, particularly the costs of any collection proceedings or of a lawyer who was commissioned with the collection. The assertion of further rights and claims remains unaffected by this. Incoming payments of the customer will be credited to the oldest debt. Furthermore, Billpay can refuse to process the payment terms of purchase contracts, also regarding other merchants in the future. The general terms and conditions of the Billpay Ltd apply
https://www.billpay.de/at/datenschutz-at/.
5.8. Retention of Title; Offset; Right of Retention
(1) In the case of consumers, we reserve the right of ownership of the purchased item until the invoice amount has been paid in full. In the case that you are an entrepreneur in the exercise of your commercial or independent professional activity, a legal person under public law or of special fund under public law, we reserve the right of ownership of the purchased item until all outstanding claims from the business relationship with you have been settled. The corresponding security rights are transferable to third parties. Exceptional dispositions such as pledging or chattel mortgage are not allowed. In cases of processing, mixing or combining the reserved goods with other materials, we shall acquire co-ownership of the resulting products in the ratio of the value of the reserved goods to that of the other material. In the event of attachment of the reserved goods, you are obliged to inform us immediately and to support us in securing our rights as well as to reimburse us for all costs incurred in this respect, in particular those in connection with an objection process.
(2) You are only entitled to a right of set-off if your counterclaims have been legally established or are undisputed or acknowledged by us, or if we are insolvent. Customers also have the possibility of offsetting against counterclaims that are legally connected with the customer's liability. Any further set-off on your part is hereby excluded. Furthermore, you only hold a right of retention if and insofar as your counterclaim is based on the same contractual relationship.
(3) If the customer is in delay with any payment obligations towards us, all existing claims against him will become due immediately.
6. Terms of Delivery
6.1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a corresponding button on our website or in the article description.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental damage to the sold goods during shipment is only passed on to you when the goods are handed over to you, no matter whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the company or another person designated to carry out the shipment.
In the case that you are an tenderpreneur, the delivery and dispatch of goods on your own risk.
7. Legal Liability for Defects
7.1. The liability for defects for our goods is governed by the " warranty" regulation in our Terms and Conditions (Part I).
7.2. As a customer you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the shipping company of any claims as soon as possible. If you do not comply with this, this has no effect whatsoever on your statutory warranty claims.
DThese terms and conditions and customer information have been compiled by the lawyers of the dealer association specializing in IT law and are permanently reviewed for legal conformity. The Händlerbund Management LTD guarantees the legal security of the texts and is responsible in the case of legal warnings. Further information can be found under:
http://www.haendlerbund.de/agb-service.
Latest update: 19.11.2018
