General Terms and Conditions

These contractual conditions apply to all contracts concluded between

Sedatech Europe GmbH
Köpenicker Straße 154
D-10997 BERLIN

(hereinafter referred to as “provider” or “we”) and our customers (hereinafter referred to as “customer” or “you”) exclusively using means of distance communication (e.g. via the Internet or by telephone) in our online shop. For contracts concluded in our offline shop (physical store), the terms and conditions applicable there shall apply.

§ 1 Scope, Definitions

(1) The following General Terms and Conditions in their version valid at the time of the order apply exclusively to the business relationship between the provider and the customer. Diverging terms and contractual offers from the customer are hereby rejected.
(2) The customer is a consumer insofar as the purpose of the delivery and service cannot be attributed to their commercial or self-employed professional activity. In contrast, an entrepreneur is any natural or legal person or legally responsible partnership acting in the exercise of their commercial or self-employed professional activity when concluding the contract.

§ 2 Conclusion of Contract

(1) The customer can select products from our range and collect them in a so-called shopping cart via the "Add to cart" button. By clicking the "Place order" button, the customer submits a binding offer to purchase the goods in the shopping cart.
(2) Before submitting the order, the customer can modify, review, and correct input errors at any time. The customer's request can only be submitted if the customer has accepted these General Terms and Conditions during the ordering process and thus included them in their offer.
(3) The provider then sends the customer an automatic confirmation of receipt via email, listing the customer's order again, which the customer can print using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the offer.
The contract is only concluded once we send a separate email declaring acceptance. Issuing an invoice for the goods ordered by the customer also constitutes acceptance. Acceptance may also be implied by us fulfilling the order within 5 days of receipt. If multiple forms of acceptance occur, the contract is concluded at the first event. In any case, the customer will receive confirmation of the contract in text form in accordance with statutory provisions.
If the customer does not receive a declaration of acceptance, invoice, or notification of dispatch or goods within 5 days, they are no longer bound by their order. Any consideration already provided will be refunded promptly.
(4) The subject of the delivery or service is the goods and/or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, the descriptions and prices refer only to the listed items and not to any accessories or decorations possibly shown.
(5) If we are unable to deliver the ordered goods through no fault of our own and despite all reasonable efforts because our supplier fails to fulfill their contractual obligations to us, we are entitled to withdraw from the contract. This right of withdrawal only applies if we have concluded a congruent covering transaction (binding, timely, and adequate order of the goods) with the supplier and are not otherwise responsible for the non-delivery. In such cases, we will inform the customer immediately about the unavailability of the goods and refund any payments already made.
(6) The language of the contract is German.
(7) Order processing and communication generally take place via email. The customer must ensure that the email address provided for order processing is correct and that no settings or filters prevent the receipt of contract-related emails.
(8) If a delivery time is indicated in our offers, that delivery time and the related information shall take precedence. If no or no deviating delivery time is specified, the delivery time shall be 7 days. This period starts the day after the payment order is issued to the transferring bank in case of prepayment, or the day after contract conclusion for other payment methods. The period ends at midnight on the last day. If the last day falls on a Saturday, Sunday, or a public holiday at the delivery location, the next working day applies.

§ 3 Retention of Title

The delivered goods remain our property until all claims from the contract have been fulfilled. In the case of customers who are legal entities under public law, special public funds, or entrepreneurs acting in their commercial or self-employed professional capacity, this also applies to claims from the ongoing business relationship until all claims arising therefrom have been settled.

§ 4 Prices and Shipping Costs

(1) Our prices include the applicable statutory VAT and exclude shipping costs.
(2) The applicable shipping costs will be communicated to the customer before the contract is concluded and are to be borne by the customer, unless free shipping has been agreed.

§ 5 Payment

(1) The customer can make payment using the methods specified in the respective offer.
(2) The purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless a different arrangement has been agreed.
(3) The customer is responsible for ensuring sufficient funds. If a chargeback occurs due to insufficient funds, the customer must reimburse us for the resulting costs.
(4) The customer’s obligation to pay interest on arrears does not exclude further claims for default damages.
(5) The customer may only offset claims if their counterclaims are legally established, undisputed, or acknowledged by us, or if the counterclaims arise from the same contractual relationship. The customer may only exercise a right of retention if their counterclaim is based on the same contract.

§ 6 Payment by “Invoice (via PayPal Plus)”

(1) When selecting the payment method “Invoice (via PayPal Plus)”, the purchase price is due after delivery and invoicing.
(2) In this case, the purchase price must be paid without deduction within 14 (fourteen) days of receipt of the invoice to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter “PayPal”).
(3) The payment method “Invoice (via PayPal Plus)” is subject to a successful credit check by PayPal. If the customer is approved for invoice payment, the payment will be processed in cooperation with PayPal, to whom the seller assigns the payment claim. In this case, the customer can only make payments to PayPal with debt-discharging effect.
(4) The seller remains responsible for general customer inquiries even if “Invoice (via PayPal Plus)” is selected, such as those regarding goods, delivery time, shipping, returns, complaints, cancellation declarations or credit notes.
(5) In all other respects, PayPal’s terms of use (see above) apply, which the customer must access and confirm during the ordering process.

§ 7 Transfer of Risk

(1) For consumers, the risk of accidental loss and deterioration of the purchased goods transfers to the customer only upon delivery, in accordance with the law.
(2) If the customer is an entrepreneur, the following applies: Delivery is made from our warehouse. The risk of accidental loss and deterioration transfers to the customer no later than at the time of handover. In the case of shipment, the risk transfers once the goods are handed over to the shipping company, freight forwarder, or any other person or institution designated to handle the shipment.
(3) If the customer is in default of acceptance, fails to cooperate, or if delivery is delayed for reasons attributable to the customer, we are entitled to claim compensation for the resulting damages, including additional expenses (e.g., storage and transport costs).

§ 8 Warranty for Defects, Guarantee

(1) Our liability under § 8 of these terms, particularly for claims for damages arising from injury to life, body, or health or the breach of essential contractual obligations (see § 8 below), for damages under product liability law and for any guarantees given, remains unaffected. Likewise, the statutory limitation periods for recourse claims under § 478 BGB for entrepreneurs and our liability for fraudulent concealment of defects remain unaffected.
(2) Warranty claims by merchants require that they have fulfilled their statutory inspection and notification obligations (§§ 377, 381 HGB).
(3) A guarantee for quality or durability (§ 443 BGB) exists for the goods we supply only if explicitly offered and agreed by us. Any manufacturer warranties remain unaffected.
(4) Any complaints and warranty claims can be addressed to the contact information provided in the provider’s legal notice.

§ 9 Liability

(1) Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body, or health or from the breach of essential contractual obligations (cardinal obligations), and liability for other damages based on intentional or grossly negligent breaches of duty by the provider, its legal representatives, or agents. Essential contractual obligations are those necessary to achieve the purpose of the contract and those the customer regularly relies upon. For breaches of such obligations caused by simple negligence, the provider is only liable for the typical foreseeable damages, unless the claim is related to injury to life, body, or health.
(2) The above limitations also apply in favor of the provider’s legal representatives and agents and also apply accordingly to claims for reimbursement of expenses.
(3) The provisions of product liability law and our liability for any guarantees remain unaffected.

§ 10 Right of Withdrawal

Consumers have a statutory right of withdrawal. A separate notice of withdrawal will be provided to you in accordance with the statutory provisions. Business customers have no right of withdrawal.

§ 11 Contract Text

We do not store the contract text and it cannot be retrieved after the ordering process is completed. The customer can print these terms and conditions and the order data before submitting the order and will receive a contract confirmation in accordance with legal requirements.

§ 12 Alternative Dispute Resolution / Consumer Arbitration

(1) We are generally neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Final Provisions

(1) The contract is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state of their habitual residence.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the customer has no general place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.
(3) If any provision of these General Terms and Conditions is found to be invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provisions, the statutory regulations shall apply. If this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.

© The contents of our websites are largely protected by copyright or other intellectual property rights. Copying, downloading, distributing, and storing these contents is prohibited without the consent of the respective rights holder, except for caching (temporary storage for browser display). An exception applies to content explicitly offered for download. In this case, the right of use is limited to personal use. Any further reproduction, publication, distribution, public access, or other use requires the consent of the respective rights holder.