General Terms and Conditions of Senect GmbH & Co. KG
1. Quotation, conclusion of contract and content
The following terms and conditions apply to all our delivered goods and services if no other contract with the customer, client or partner is signed as well as to all our future relationships.
All quotations are suspect to alterations and have a limited validity as noted on every offer. A contract is valid, if the customer receives an order confirmation, which shall be sent within two weeks. All oral communications and orders require our written order confirmation to be valid. If a customer places an order, this order is binding.
Any placed order will be checked immedately for validity and availablity of supply. We inform the customer if there is any delay of more than two weeks and if products or parts of products are not available.
2. Prices and terms of payment
All prices are ex works (Landau, Germany) and in Euro. Possible additional costs for example for shipping, installation or accessoires are not included unless explicitly noted. The german tax / VAT is noted in all order confirmations.
Senect GmbH & Co. KG is authorized to adapt prices if the prices for material or salaries increase in the period between contract conclusion and delivery.
The period of payment is noted in the order confirmation and shall not be exceeded.
3. Delivery
Information about delivery times is not binding. Delivery times start at the time, when the contract is concluded and all necessary information is transferred to Senect GmbH & Co. KG. Customer-specific modifications after contract conclusion can extend the delivery period and can change the pricing. If the shipment is delayed due to reasons for which the customer is responsible, the delivery time cannot be hold.
4. Transfer of risk and acceptance
If the items or products are sent to the customer, the risk is transferred to the purchaser unless there is a specific contract concluded, e.g. in case of shipment insurance. Partial shipments may in some cases occure and are valid. In case of cancellation of the order
5. Notification of defects
If the purchaser recognizes an defect in the purchased item, the purchaser must inform Senect GmbH & Co. KG immediately about the defect including a detailled description of the defect. If the defect is caused by the shipping, then we shall be authorized to repair the damge or send spare parts or replacement products at the cost of the customer or if possible at the cost of the shipment insurance. If there is any defect in the delivered items caused by us, we replace the defect item on our costs. The customer accepts that Senect GmbH & Co. KG will need enough time to repair the damage or to sent replacement products.
6. Place of fulfilment, applicable laws and legal venue
The place of fulfilment is Landau / Pfalz in Germany and hence, German law shall apply exclusively. The law (CISG) is not applied. Legal venues shall be district court Landau / Pfalz.
7. Severability clause
If any point of these terms and conditions is not in agreement with valid laws, then it shall be excluded while the remaining terms and conditions shall be applied.
Right of withdrawal for consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.)
Withdrawal policy
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is 14 days from the day
- on which you or a third party named by you, who is not the carrier, took possession of the goods, provided you ordered one or more goods as part of a single order and these are delivered together;
- on which you or a third party named by you, who is not the carrier, took possession of the last goods, provided you ordered several goods as part of a single order and these are delivered separately;
- on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last item, provided you ordered goods that are delivered in several partial shipments or items;
To exercise your right of withdrawal, you must inform us (Senect GmbH & Co. KG, An 44 Nr. 11, 76829 Landau, phone: 063419595210, fax: 063419595219, e-mail: sales@senect.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than within 14 days from the day on which we received notice of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.
We may withhold reimbursement for goods that can be sent by parcel until we have received those goods back or until you have provided proof that you have returned those goods, whichever is earlier.
We will collect goods that cannot be sent by parcel.
You must send back or hand over goods that can be sent by parcel without undue delay and in any event no later than 14 days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods that can be sent by parcel before the 14-day period has expired.
You bear the direct costs of returning goods that can be sent by parcel as well as the direct costs of returning goods that cannot be sent by parcel. The costs for goods that cannot be sent by parcel are estimated at a maximum of approximately EUR 79.
You are only liable for any diminished value of the goods if this diminished value is due to handling of the goods which is not necessary for checking their condition, properties and functioning.
Exclusion and early expiry grounds
The right of withdrawal does not apply to contracts
- for the supply of goods that are not prefabricated and for whose production an individual choice or decision by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer;
- for the supply of goods that are liable to deteriorate rapidly or whose expiration date would be quickly exceeded;
- for the supply of alcoholic beverages whose price was agreed upon at the time of contract conclusion, but which can only be delivered at the earliest 30 days after conclusion of the contract and whose current value depends on market fluctuations beyond the trader's control;
- for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts.
The right of withdrawal expires early for contracts
- for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if their seal has been removed after delivery;
- for the supply of goods if, after delivery, these have been inseparably mixed with other goods due to their nature;
- for the supply of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
Model withdrawal form
(If you wish to withdraw from the contract, please fill out this form and return it.)
- To Senect GmbH & Co. KG, An 44 Nr. 11, 76829 Landau, fax number: 063419595219, e-mail address: sales@senect.de :
- I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*) /
the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if notified on paper)
- Date
(*) Delete as appropriate.