Conditions

§ 1 Scope of application

The following General Terms and Conditions (GTC) shall apply to all legal transactions concluded with SEIFFEN.COM by Nestler GmbH (hereinafter referred to as SEIFFEN.CH). The version of the GTC valid at the time of the order shall apply.

These GTC shall apply irrespective of whether the contractual partner places the order as a consumer or as an entrepreneur. Deviating regulations, in particular the customer's own GTC, are hereby contradicted. They shall only apply if prior written consent has been given by Nestler-Seiffen.

All contractual relationships established with SEIFFEN.CH shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). German shall always be the contractual language, in particular for the conclusion of the contract.

§ 2 Conclusion of contract

The presentations of the products in the online store at www.seiffen.com do not constitute legally binding offers by SEIFFEN.CH, but serve for the submission of a binding purchase offer by the orderer (so-called Invitatio ad offerendum).
The products shall only be sold in quantities customary in the household.

Furthermore, a sale shall only take place to customers who have reached the age of 18 and are of full legal capacity. By placing an order, the customer confirms that he/she is of age and legally competent.

The orderer makes a binding offer to purchase in accordance with § 145 of the German Civil Code (BGB) for the products selected by him and placed in the virtual shopping cart when the online ordering process is run through by entering all the information requested and the "Order subject to payment" button is clicked in the last step or the offer is transmitted to SEIFFEN.CH by telephone, fax, e-mail or post.

In the case of orders for third parties or delivery to third parties, the ordering party shall nevertheless be deemed to be the contractual partner for SEIFFEN.CH and thus the debtor of the invoice amount.

A purchase contract associated with the claim to delivery or payment shall only be concluded if the binding purchase offer of the orderer is accepted by SEIFFEN.CH. There shall be no obligation to such acceptance.

After submitting the purchase offer, the customer shall receive a so-called order confirmation with all details of the order placed and the valid GTC, instructions on revocation and a revocation form. This order confirmation shall not constitute an acceptance of the purchase offer by SEIFFEN.CH, but merely informs about the receipt of the order.

SEIFFEN.CH shall have 2 business days (Monday-Friday) after receipt of the order to accept the purchase offer. If the end of this period falls on a Saturday, Sunday or public holiday, the expiry shall be postponed to the next working day.

Even without transmission of an explicit acceptance, the purchase contract shall be concluded upon collection of the purchase price or after expiry of the above deadline, unless SEIFFEN.CH has rejected the offer. A rejection may occur, for example, due to non-deliverability or in the event of a delay in delivery.
In the event of delays in delivery, a new contract offer shall generally be made on the same terms but with a new delivery date. The customer can accept this offer, but does not have to.

If a certain article is not available, only partially available or not available within the stated delivery time, the customer will be informed immediately. If the contract has already been concluded, the customer shall be entitled to withdraw from the purchase immediately in accordance with § 346 para. 1 BGB (German Civil Code). Payments made will of course be refunded immediately.

SEIFFEN.COM reserves the right to also withdraw from the contract in the event of improper self-delivery, insofar as SEIFFEN.CH is not responsible for this. The unavailability of an item does not justify any claims, as all products are offers without obligation.

At the end of the ordering process on www.seiffen.com, the text of the contract can be printed out or saved on the ordering party's end device; otherwise it shall not be archived by SEIFFEN.CH.
All details of the order can also be taken from the order confirmation.

Our websites contain direct or indirect references/links to external websites to external providers and operators (so-called "hyperlinks"). Insofar as own services and similar are offered there, contractual relationships are established with these providers and operators, not with SEIFFEN.CH.

§ 3 Communication channels

When placing an order, an e-mail address must be provided, the technical functionality of which must be guaranteed until the final execution of the contract. Until revocation or change message, the specified e-mail address is also tacitly valid for future orders.

§ 4 Contractual partner

Contractual partner for the orders of products via www.seiffen.com is:

SEIFFEN.COM by Nestler GmbH

Managing director: Sebastian Nestler
Registered office: Hauptstr. 132, 09548 Kurort Seiffen
Register court: Local court Chemnitz, HRB 34613
VAT-IdNr.: DE 350787099
WEEE-Reg. No.: DE 33024750
Phone: +49 (0) 37 362 - 25300 (costs depend on phone provider)
E-mail: nestler@seiffen.com
Internet: www.seiffen.ch

§ 5 Notes on the EU Consumer Rights Directive (EU CRD).

The following right of withdrawal is only granted to consumers.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

Since the shipping costs are calculated as a lump sum, they are not refundable in the event of a partial revocation.

SEIFFEN.CH already fulfills the statutory information obligations required in the context of the right of revocation in the course of sending the order confirmation. The confirmation of the contract shall refer to the order confirmation.

§ 6 Cancellation policy for consumers

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods. To exercise your right of withdrawal, you must send us

SEIFFEN.COM by Nestler GmbH, Hauptstr. 132, 09548 Kurort Seiffen, Germany
Phone: +49 (0) 37 362 - 25300 / E-Mail: nestler@seiffen.com

by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract.

For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

End of the cancellation policy

Reasons for exclusion or cancellation

The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the personal needs of the customer.

The right of withdrawal expires prematurely for contracts for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.

§ 7 Legal model revocation form

In addition to the variants shown above, the form shown below can also be used to exercise the right of cancellation. It is available on our website at any time and will be sent to the customer by e-mail with the order confirmation.
To simplify matters, please provide us with the order number, if available.

Sample cancellation form

(If you want to cancel the contract with us, please fill out this form and send it back)
- To
  SEIFFEN.COM by Nestler GmbH, Hauptstr. 132, 09548 Seiffen, Germany
  (Phone: +49 (0) 37 362 - 25300 / E-Mail: nestler@seiffen.com)
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods(*)
  / the provision of the following service:______________________________________
- Ordered on: ___________ / received on: _____________
- Name and address of the consumer(s):  ______________________________________
- Date and signature of consumer(s) (only in case of paper communication): _____________
________
(*) Note: Please delete where inapplicable.

This sample cancellation form can be accessed at any time in the footer of the page view.

§ 8 Terms of payment

All prices stated in the online store at www.seiffen.com are in Euro and include VAT, excluding shipping costs, unless otherwise indicated, such as for customers outside the EU.

In case of shipment outside the European Union (EU) or in case of payment from such a country, additional costs may be incurred (transfer/exchange rate fees or import-related costs, such as taxes or customs duties). These additional costs are to be borne by the purchaser or recipient.

The prices valid at the time of order always apply. These will be stated in the order confirmation. In the case of limited price offers, the period of validity is specially marked on www.seiffen.com.

We accept for all orders the payment methods prepayment, credit card, PayPal, Amazon Pay.
Check and bill of exchange are not accepted and liability for loss is excluded.

Sofortüberweisung is offered for selected European countries, iDEAL for payments in the Netherlands, as well as payment processing by installment purchase via easyCredit when a minimum purchase amount of up to 5000 euros is reached. For payment processing via easyCredit, the supplementary General Terms and Conditions for Installment Purchase by easyCredit listed at the end of these GTC apply.

Up to an order value of 400 euros plus shipping costs can be paid by invoice, provided that the delivery and billing addresses are identical and located in Germany. The invoice amount is due immediately upon receipt of the goods.

SEIFFEN.COM reserves the right in individual cases to exclude payment methods such as invoice and to specify the payment method prepayment, e.g. in the case of a different delivery address.

Payments and transfers are to be made to the following account:

SEIFFEN.COM by Nestler GmbH
IBAN: DE26 8707 0000 0097 1242 01
BIC/SWIFT code: DEUTDE8CXXX
Reason for payment: order number/invoice number and name of orderer

The debit of the account for credit card payment, Sofortüberweisung, iDEAL, Amazon Pay and PayPal takes place immediately after completion of the order. All entries are entered directly into the system of the payment providers and can therefore not be viewed or stored by us.

Furthermore, SEIFFEN.CH shall be entitled to charge 5 euros per reminder as a lump sum for damages in the event of late payment. The customer shall be entitled to prove that no damage or significantly less damage than the lump sum has been incurred. Similarly, SEIFFEN.COM may, if necessary, provide evidence of higher damages or pass the matter on to a collection agency.

Repayments shall be made in the same way as payment unless otherwise agreed.

§ 9 Credit assessment

In the case of payment by invoice, the Customer consents to SEIFFEN.CH conducting a credit check with credit agencies, which perform a so-called credit scoring procedure on the basis of a mathematical-statistical procedure within the meaning of § 31 of the German Federal Data Protection Act (BDSG). The probability value (creditworthiness) calculated in this way is based not only on address data, but also on personal data (first name and surname) and personal data on previous payment behavior. SEIFFEN.COM transmits the personal data and address data provided to credit agencies for the purpose of checking creditworthiness.

The Customer acknowledges that the query is necessary to protect the legitimate interests of SEIFFEN.CH, even in the case of a one-time business transaction. The information is provided solely for the purpose of determining a statistical risk regarding the Customer's future behavior with regard to the ability/willingness to pay, in order to make an appropriate assessment of SEIFFEN.CH's advance payments.

Since SEIFFEN.CH makes advance payments in the case of the payment method invoice, the creditworthiness query is necessary to protect the legitimate interests pursuant to Art. 22 (2) letter a DSGVO and Art. 6 DSGVO.

The transmission of data to the credit agency can be objected to informally at any time. However, the payment method invoice is then not possible.

The data will not be passed on to third parties. However, we reserve the right, within the scope of what is legally permissible, to transmit the personal data to the credit agencies, insofar as the payment is not made despite the due date and 2 written reminders, the claim is undisputed and there is more than 1 month between the first reminder and the transmission. The debtor will be informed prior to the transfer.

There is a right to information free of charge from the respective credit agency about the data stored there. We obtain our information from CRIF Bürgel GmbH, Radlkoferstraße 2, 81373 Munich, Germany, and from Tesch mediafinanz GmbH, Weiße Breite 5, 49084 Osnabrück, Germany.
You can view more detailed information online at www.crifbuergel.de/de/datenschutz.

§ 10 Shipping, shipping costs and delivery time

Shipping shall be effected by DEUTSCHE POST AG, DHL, UPS or HERMES LOGISTIK GRUPPE to the delivery address specified in the order, unless otherwise agreed in writing.

SEIFFEN.COM shall use packaging that is licensed in accordance with the provisions of the Packaging Ordinance.

The shipping costs shall be calculated for orderers who are not specialist dealers released by SEIFFEN.COM on the basis of the order value excluding shipping costs per order and shipping country (including VAT, if to be paid) as follows:

The shipping costs for resellers released by Nestler-Seiffen are calculated including VAT (if applicable) based on the order value excluding shipping costs per order and shipping country as follows:

Own pickup at SEIFFEN.CH is possible free of charge for retailers.

For further possibility of express shipping please contact us by phone at:
 +49 (0)37 362-25300 (costs depend on the telephone provider).

For all shipments applies:
The delivery time does not constitute a firm deal within the meaning of § 323 para. 2 no. 2 BGB (German Civil Code), unless it has been confirmed in writing by SEIFFEN.CH.
Furthermore, SEIFFEN.CH shall be entitled, but not obliged, to make partial deliveries.

§ 11 Vouchers

Vouchers purchased from SEIFFEN.CH against payment may only be redeemed in the online store via www.seiffen.com or at SEIFFEN.CH's registered office. The voucher will be sent by post or e-mail.

The voucher can only be used for the purchase of goods, but not for the purchase of further vouchers. It cannot be paid out in cash, but is transferable. Therefore, SEIFFEN.CH may make payments to the respective voucher holder with discharging effect.

Vouchers and their remaining credit can be redeemed until the end of the third year after the year of the voucher purchase. Several vouchers can also be redeemed for one order or residual amounts can be settled via the means of payment offered in the online store. Furthermore, the vouchers can also be combined with discount promotions.

For voucher codes that customers receive free of charge from SEIFFEN.CH as part of a newsletter or special promotion, the minimum order values and validity periods stated therein as well as other stated requirements shall apply.

§ 12 Retention of title

The delivered goods shall remain the property of SEIFFEN.CH until payment has been made in full.

Resellers who are registered as specialist dealers with SEIFFEN.CH shall be entitled to resell the goods. The reseller hereby assigns its claims arising from the resale to SEIFFEN.CH, which hereby accepts this assignment.
In the event of default at the latest, the dealer shall be obliged to name the contractual relationship and the debtor of the assigned claim. If there is an overcollateralization of more than 20 percent, SEIFFEN.CH shall release collateral of the Dealer's choice upon request.

§ 13 Warranty

If there is a defect in the purchased goods, the statutory provisions shall apply, taking into account the conditions in Sections 13 and 14 of these General Terms and Conditions. If the defect concerns only a part of the delivered goods, this does not entitle the customer to complain about the entire delivery, unless the partial delivery is comprehensibly without interest for the customer. This does not affect the right of withdrawal.

In the event of obvious damage to the package - i.e. in the event of damage in transit - we ask the orderer/recipient to make a complaint to the delivery agent without delay and to inform SEIFFEN.CH thereof.
This obligation to make a complaint has no effect on the warranty claim or the right of revocation of the orderer, insofar as he has executed the order as a consumer, but only serves us to preserve evidence vis-à-vis the shipping company.

If, despite careful checks, a defective product is shipped, we ask the orderer/recipient of the goods to briefly describe the defect to SEIFFEN.CH and to state which statutory warranty right is to be invoked. If the orderer is an entrepreneur, the obligation to give notice of defects pursuant to § 377 of the German Commercial Code (HGB) shall apply.

If, within the scope of liability for defects, subsequent performance has been effected by replacement delivery, the orderer shall be obliged to return the goods first delivered to SEIFFEN.CH within 30 days. The defective goods shall be returned in accordance with the statutory provisions.

For consumers, the limitation period for claims for defects shall be two years; for entrepreneurs, the limitation period shall be one year.

§ 14 Liability

Claims for damages and reimbursement of expenses by the ordering party, irrespective of the legal grounds, shall be excluded with the exception of the following points:

The exclusion of liability shall not apply in the event of culpable injury to the life, body or health of the orderer or in other cases if the damage was caused intentionally or by gross negligence on the part of SEIFFEN.CH.
Furthermore, liability shall not be excluded in the event of fraudulently concealed defects and assumed guarantee for the quality of the goods as well as in the event of claims under the Product Liability Act.

In case of slightly negligent violation of essential contractual obligations - also by legal representatives or vicarious agents - of Nestler-Seiffen.com, Nestler-Seiffen.com shall only be liable for the foreseeable, contract-typical, direct average damage according to the type of product.
Force majeure, riots and operational disruptions for which Nestler-Seiffen.com is not responsible extend the dates and deadlines by the duration of the performance disruptions caused by these circumstances and do not justify any liability claim.

www.seiffen.com contains links to websites of third parties on the Internet. SEIFFEN.CH has no influence on the design or content of these linked third-party websites and dissociates itself from all illegal content on these sites or does not adopt this content as its own. This declaration applies to all links displayed and to all contents of the pages to which links lead.
Liability claims regarding damage caused by the use of any information provided, including any kind of information which is incomplete or incorrect, will therefore be rejected unless Nestler-Seiffen.com has acted with intent or gross negligence.
Only the provider of the website to which reference was made is liable, not the person who merely refers to the respective publication via links.

§ 15 Data protection

In all data processing procedures (e.g. collection, processing and transmission), we proceed in accordance with the statutory provisions in compliance with the General Data Protection Regulation (DSGVO), the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). All personal data is treated as strictly confidential and the legitimate interests of the customer are taken into account in accordance with the legal requirements.

The necessary data communicated for the business or inquiry processing will be stored and passed on to service partners as required. It is also possible to visit www.seiffen.com without providing any data. In this case, only non-personal access data is stored to improve the online service. This does not allow any inference to your person. Personal data is only collected and stored to the extent technically necessary.

You can find more details, including how to revoke your consent to use, in our privacy policy (link in the footer of each page view).

§ 16 General information obligations within the framework of the EU Consumer Rights Directive.

We fulfill the legal information obligations within the framework of the GTC and the buttons on www.seiffen.com in the following places:

- Information on the identity of the seller: Section 4 of the GTC.
- Information on the essential characteristics of the goods: product description in the store
- Information on the conclusion of the contract: clause 2 of the GTCs
- Information on payment and delivery as well as shipping costs: clauses 8 and 10 of the GTCs
- Information on the technical steps leading to the conclusion of the contract: Help button
- Information on the languages used in concluding the contract: Section 1 of the GTCs
- Information on the storage of the contract text: Section 2 of the GTC
- Information on the technical recognition and correction of input errors: Help button
- Information on the possibility of revocation: Sections 5 - 7 of the GTCs
- Information on the total price: clauses 8, 10 of the GTC and order overview, order confirmation
- Information on warranty and guarantee conditions: Clause 13 and 14 of the GTC

§ 17 Complaints/dispute resolution

Since February 15, 2016, the EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with your online order without having to go to court.

The dispute resolution platform can be reached via the external link https://ec.europa.eu/consumers/odr/. You can reach us for this purpose at nestler@seiffen.com

§ 18 Place of Jurisdiction

The place of jurisdiction for all disputes arising from the contractual relationship shall be Marienberg if the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany.
If the purchaser is a private end user, the statutory provisions shall apply. However, if he has no place of residence within the European Union, Marienberg shall also be the place of jurisdiction.

§ 19 Supplementary General Terms and Conditions for the installment purchase by easyCredit

1. scope of application and general terms of use
The following supplementary General Terms and Conditions (hereinafter referred to as GTC) apply between you and the merchant for all contracts concluded with the merchant,
for which ratenkauf by easyCredit (hereinafter referred to as installment purchase) is used.
In the event of a conflict, the supplementary GTC take precedence over any other General Terms and Conditions of the merchant.
Installment purchases are only possible for customers who are consumers pursuant to Section 13 of the German Civil Code (BGB) and have reached the age of 18.

2. installment purchase
For your purchase, the dealer, with the support of TeamBank AG Nuremberg, Beuthener Straße 25, 90471 Nuremberg (hereinafter TeamBank AG), provides you with the installment purchase as an
payment option.

The merchant reserves the right to check your creditworthiness. For more details, please refer to the installment purchase data protection notice in the order section. If due to insufficient
creditworthiness or if the merchant turnover limit is not reached, the merchant reserves the right to offer you an alternative billing option.
alternative billing option.

The contract for an installment purchase is concluded between you and the merchant. With the installment purchase you decide to pay the purchase price in monthly installments.
installments. Monthly installments are to be paid over a fixed term, whereby the final installment may differ from the previous installment amounts.
The ownership of the goods remains reserved until full payment.

The receivables arising from the use of the installment purchase are assigned by the merchant to TeamBank AG within the framework of a current factoring agreement. Payments
can only be made to TeamBank AG with debt-discharging effect.

3. installment payment by SEPA direct debit
With the SEPA direct debit mandate issued with the installment purchase, you authorize TeamBank AG to collect the payments to be made through the installment purchase from your checking account specified in the order process at the credit institution specified there by means of a SEPA direct debit.

TeamBank AG will notify you of the collection by e-mail no later than one calendar day before the SEPA direct debit is due (pre-notification/advance notice). The collection
will take place at the earliest on the date specified in the pre-notification. A later, more timely collection can take place.

If there is a reduction in the purchase price amount between the pre-notification and the due date (e.g. due to credit notes), the amount debited may deviate from the
amount stated in the pre-notification.

You must ensure that your current account has sufficient funds on the due date. Your bank is not obliged to honor the direct debit
if there are insufficient funds in your checking account.

If a return debit note is made due to insufficient funds in the current account, due to an unauthorized objection by the account holder or due to the expiration of the current account, you shall be in default even without a separate reminder, unless the return debit note results from a circumstance for which you are not responsible.
you will be in default even without a separate reminder, unless the return debit note results from a circumstance for which you are not responsible.
for which you are not responsible.
The fees charged by your bank to TeamBank AG in the event of a return debit note will be passed on to you and must be paid by you.

If you are in default, TeamBank AG is entitled to charge a reasonable reminder fee or interest on arrears at a rate of five percentage points above the base rate of the European Central Bank.
the respective base interest rate of the European Central Bank.

Due to the high costs associated with a return debit note, we ask you in the event of a withdrawal from the purchase contract, a return or a complaint, not to object to the SEPA direct debit.
in the event of a withdrawal from the purchase contract, a return or a complaint. In these cases, the reversal of the payment will be made in coordination with the merchant by re-transfer of the corresponding amount or by a credit note.

§ 20 Final provisions

Should individual conditions here violate legal provisions or be/become invalid or unenforceable, the validity of the remaining conditions shall remain unaffected.
The same applies if there is a gap in the contractual provisions.

Status: May 2022

You can view the T&Cs at any time at www.seiffen.com and permanently save and print them as a PDF and then view them offline at any time. Here: AGB-seiffen-com