General Terms and Conditions

1. Validity and conclusion of contract

1.1. These terms and conditions of S.E.T. GmbH (hereinafter referred to as “seller”) apply to all contracts that the seller concludes with consumers or entrepreneurs (hereinafter referred to as “customer”) with regard to the goods and/or services displayed by the seller in his online store. A consumer in the sense of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can be attributed neither to their commercial nor their independent professional activity. An entrepreneur in the sense of these General Terms and Conditions is any natural or legal person or a legal partnership that acts in the exercise of their independent, professional or commercial activity when concluding a legal transaction.

1.2. Deliveries and services to the customer, regardless of their nature, are provided exclusively under our general terms and conditions, which the customer acknowledges by placing the order or accepting the service. The validity of any deviating terms and conditions is excluded, even if we do not object to them. Our general terms and conditions also apply to all future business relationships, even if they are not expressly agreed again.

1.3 Our offers are subject to change. A contract is only concluded when we confirm the order in writing or when the order is executed. Order confirmations, delivery notes and other letters of confirmation from us are recognized by the customer as correct in content, unless the customer objects to them in writing without delay, at the latest within 4 working days of receipt. By ordering a product, the customer makes a binding declaration that they wish to place the order. We are entitled to accept the contractual offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing or by handing over the goods to the customer. The documents contained in the offer, such as illustrations, drawings, weights and dimensions, are only approximate, unless they are specifically marked as binding. Quotation documents must not be passed on to third parties without our consent.

1.4 We reserve the right to make technically necessary or expedient changes to the products within reasonable limits. Dimensions, illustrations and drawings serve only to provide the customer with preliminary information and require our written confirmation to be binding. Information about the properties and performance characteristics of the products are for illustration purposes and are not binding.

1.5 Unless otherwise expressly agreed in detail, the provisions and specifications in the offers, the construction plans and performance specifications, these General Terms and Conditions and the general provisions of the German Civil Code and the German Commercial Code shall apply in addition and in the following order with regard to the content of the contract.

2. Delivery

2.1 Delivery dates and deadlines are only binding if they have been agreed with the customer or confirmed by us in writing. Delivery periods begin with the date of the order confirmation and after clarification of the technical questions as well as the receipt of documents and plans to be provided by the customer.

2.2 Unforeseeable events such as force majeure, delivery or transport delays or industrial disputes release us from the obligation to deliver on time for their duration, insofar as we are not responsible for them. Delivery times are extended by the duration of the disruption. If the disruption lasts longer than 6 months, both parties can withdraw from the contract. Claims for damages by the customer do not exist in this respect.

2.3 If we are in default, the customer is only entitled to withdraw from the contract after a reminder and allowing a reasonable grace period for performance or subsequent performance to elapse. Claims for damages are excluded, unless otherwise provided in these terms and conditions.

2.4 If the customer is in default of acceptance or is otherwise responsible for a delay in dispatch, we may store the products at the customer's risk and expense. After setting a grace period for acceptance of the products and the fruitless expiry of this period, we may withdraw from the contract and claim damages in lieu of performance. Further rights remain unaffected.

2.5 The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon delivery, in the case of mail order purchases, upon delivery of the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment. If the customer is in default of acceptance, the transfer shall be deemed to have taken place.

2.6 We are entitled to make partial deliveries as well as excess and short deliveries +/- 10%. As long as the customer is in default with a liability arising from the business relationship, our delivery obligation is suspended. In the case of call-off orders, the total quantity must be purchased within 12 months.

2.7 Unless otherwise agreed, our delivery and service shall be deemed accepted at the latest when they are put into use. We are entitled to demand acceptance of partial services. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply if the customer exercises his right of withdrawal by refusing acceptance, if he is not responsible for the circumstance that led to the impossibility of delivery, or if he was temporarily prevented from accepting the offered service, unless the seller has announced the service a reasonable time in advance.

3. Prices and terms of payment

3.1 All prices are calculated according to the price list valid at the time of the order confirmation, unless otherwise agreed or stated in the order confirmation. Prices are ex works and do not include transport and transport insurance costs as well as the statutory value added tax. If more than 4 months elapse between conclusion and delivery, we are entitled, at our reasonable discretion, to demand a surcharge in line with our cost increases up to delivery.

3.2 Unless otherwise contractually agreed, payments shall be made by the customer within eight days of the invoice date with a 2% discount or within 30 days of the invoice date net without deduction.

3.3 In the case of payments by transfer, check or bill of exchange, the value date shall be deemed the date of receipt. Checks and bills of exchange shall only be accepted by us by special agreement and only on account of performance, with all check and bill charges being billed to the customer.

3.4 If the customer exceeds the payment term, they are in default of payment. During the period of default, the entrepreneur shall pay interest on the debt at a rate of 8 percentage points above the base interest rate. We reserve the right to prove and claim higher default damages from the entrepreneur. During the period of default, the consumer shall pay interest on the debt at a rate of 5 percentage points above the base interest rate.

3.5 If the customer does not meet his payment obligations in accordance with the contract, or if he stops his payments, or if we become aware of other circumstances that call into question the customer's creditworthiness, we shall be entitled to demand payment of the entire remaining debt and to demand advance payments or the provision of security. In these cases, we may also withdraw from the contract without setting a grace period, provided that the contract has not yet been fulfilled.

3.6 The customer shall only have a right of set-off if his counterclaims have been legally established or recognized by us. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.

3.7 In the event of subsequent changes to the design or construction as well as the dimensions compared to our offer or the confirmation letter, whether due to the customer's request, technical constraints, unforeseen complications or other circumstances beyond our control, we shall be entitled to charge the customer for additional expenses.

3.8 Our claims for payment shall become time-barred after five years.

4. Reservation of title

4.1. In relation to consumers, the seller reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.

4.2. In relation to entrepreneurs, the seller reserves the right of ownership of the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

4.3 The customer may only sell the products in the ordinary course of business by agreeing a corresponding retention of title, whereby he hereby assigns to us the resulting claims in the amount of the outstanding claims from us as well as the rights arising from the retention of title. This authorization is revocable. We reserve the right to collect the claim ourselves as soon as the entrepreneur fails to properly meet his payment obligations and defaults on payment.

4.4 If the products are processed or combined, the customer hereby transfers ownership to us as security in the amount of the price of the reserved products and stores the item for us free of charge. The customer shall undertake the handling or processing of the reserved goods for us without any obligations arising for us as a result. If the goods are processed with items that do not belong to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods delivered by us to the other processed items. The same shall apply if the goods are mixed with other items that do not belong to us.

4.5 If the value of the securities held by us exceeds the nominal value of the outstanding claims by more than 10%, we will release securities upon request.

4.6 The customer is obliged to adequately insure the products delivered under reservation of title or the objects resulting from combining, mixing or processing against all usual risks, in particular fire, burglary and water hazards, and to treat them with care.

5. Warranty

5.1 If the customer is an entrepreneur, he must check the delivery immediately after receipt and notify us immediately in writing of any complaints and obvious or hidden defects, at the latest within one week of receipt or after discovery. The customer shall lose any warranty and compensation claims with regard to missing guaranteed properties if he does not inspect the delivery immediately upon receipt, at the latest before processing, consumption, use, installation or resale, and does not notify us of any complaints in writing within one week. After this period has expired, all warranty and compensation claims are excluded. Timely dispatch suffices to meet the deadline. The customer bears the full burden of proof for all eligibility requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notification of defects. Permissible tolerances do not constitute a defect.

5.2 If the purchased item has an urgent defect, the statutory provisions shall apply, unless otherwise regulated here. For entrepreneurs, an insignificant defect generally does not justify claims for defects. The seller has the choice of the type of subsequent performance. The limitation period for defects for new goods is one year from the transfer of risk. For used goods, rights and claims for defects are generally excluded for entrepreneurs and the limitation period does not begin again if a replacement delivery is made as part of the liability for defects.

5.3 For consumers, the limitation period for claims for defects for new goods is two years from delivery of the goods to the customer; for used goods, one year from delivery of the goods to the customer.

5.4 The above liability and limitation provisions do not apply to entrepreneurs and consumers with respect to claims for damages and reimbursement of expenses that the buyer can assert under the statutory provisions due to defects within the scope of the seller's liability.

5.5 If the supplementary performance has been carried out by means of a replacement delivery, the customer is obliged to return the goods originally delivered to the seller at the seller's expense within 30 days. The defective goods must be returned in accordance with the statutory provisions.

5.6 In the event of fraudulent concealment of defects or the assumption of a guarantee for the quality, further claims remain unaffected. The customer does not receive any guarantees in the legal sense from us.

5.7 Further claims, in particular for consequential damage, are excluded to the extent permitted by law. All claims for damages against us, including those arising from positive breach of contract, tort and in particular from product liability or other legal grounds, shall only exist, to the extent permitted by law, in the event of willful intent or gross negligence. We shall be liable for slight negligence if essential contractual obligations have been breached and the breach of duty is based on our business organization. These claims become time-barred in six months, with the limitation periods beginning with the delivery. If we are obliged to keep spare parts, this is limited to a period of 5 years after delivery.

6. Liability

6.1 The seller is liable for the customer for all contractual, quasi-contractual, tortious and statutory claims for damages and reimbursement of expenses as follows:

6.2 The seller shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of negligent or intentional injury to life, limb or health, on the basis of a guarantee promise, unless otherwise regulated, on the basis of mandatory liability such as under the Product Liability Act.

6.3 If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in the aforementioned clause. Material contractual obligations are obligations that the contract imposes on the seller in order to achieve the purpose of the contract, the fulfillment of which is essential to the proper execution of the contract and on the observance of which the customer may regularly rely.

6.4. Otherwise, the seller's liability is excluded.

6.5. The above liability provisions also apply with regard to the seller's liability for his agents and legal representatives.

7. General provisions

7.1. Amendments and supplements to the contract and these terms and conditions must be made in writing.