(1) These general terms and conditions of sale (the "General Terms and Conditions") are the General Terms and Conditions of SENA Europe GmbH, Paul-Henri-Spaak-Str. 22, 51069 Cologne, Germany, registered in the commercial register: Cologne District Court HRB HRB 89648, Telephone number: +49 (0) 221 620089-50, Fax number: +49 221 6200889-69. All offers, sales contracts, deliveries, and services made on the basis of any orders by our customers (each a "Customer") through our online shop (the "Online Shop") shall be governed by these General Terms and Conditions.
(2) The product offerings in the Online Shop are addressed as "Consumer" Customers (as defined below), but in any case only to end-users. For the purpose of these General Terms and Conditions, (i) a "Consumer" is any individual entering into the contract for a purpose not related to her/his business, trade, or self-employed professional activity (Section 13 of the German Civil Code).
(3) Standard business conditions of the Customer do not apply, regardless of whether or not expressly objected by us to them in a particular case.
(1) Our offerings in the Online Shop are non-binding.
(2) By placing an order in the Online Shop, the Customer makes a binding offer to purchase the relevant product. The offer will remain open for acceptance by us for a period ending at the end of the third business day following the day of the offer.
(3) Without undue delay upon receipt of the order, we will send to the Customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the Customer shall not become effective until our acceptance.
(1) Any Customer who is a Consumer is entitled to revoke the offer and return the product in accordance with this cancellation and return policy without giving any reason within 14 days from receipt of the product. Such cancellation/return policy is also being made available separately to the Customer on our website during the ordering process.
(2) If an order is comprised of several products delivered separately, the cancellation period for all products of such order shall begin on the day of receipt of the last product.
(3) For exercising her/his cancellation right, the Customer must, before the cancellation period has expired, inform us, SENA Europe GmbH, Paul-Henri-Spaak-Str. 22, 51069 Köln, Deutschland, Telephone number: +49 (0) 221 620089-50, Fax number: +49 221 620089-69, or through sena.com/support about her/his decision to cancel such contract by means of an unambiguous statement (e.g. a letter sent by mail, telefax or e-mail). Alternatively, the Customer may cancel their order by selecting the prompt to cancel an order while logged into their account. If the Customer uses such possibility, we will communicate to the Customer promptly (e.g. via e-mail) a confirmation of receipt of such cancellation.
(1) Our prices include statutory VAT but are net of shipping costs. Any customs duties and similar public charges shall be borne by the Customer.
(1) Any date of dispatch communicated by us shall be only approximate and may therefore be exceeded by up to two business days, except if a fixed date of dispatch has been agreed upon.
(2) Any time period relevant to determine the date of dispatch pursuant to this Section 4 (as specified by us when the order is made or as otherwise agreed upon) shall begin (a) if advance payment has been agreed, upon receipt by us of the full purchase price (including VAT and shipping costs) or (b) if cash on delivery or payment after delivery has been agreed, upon the conclusion of the sales contract.
(3) The date of dispatch shall be such day on which the product is handed over by us to the carrier.
(4) Regardless of whether any product is indicated on the order form as “in stock”, we may sell such product at any time, provided that a) the order form has included a notice as to the limited availability of the product or b) an advance payment has been agreed upon and this payment amount is not received by us within a period of five business days upon our acceptance of the order. In such cases, we shall only be obligated to dispatch the product within the time period agreed upon or indicated by us as long as stock lasts.
(5) In the event that no date of dispatch has been specified or otherwise agreed upon or we are no longer required to deliver within any agreed time period pursuant to subsection 4, we shall be required to dispatch the product within a period of three weeks after the beginning of the delivery period pursuant to subsection 2.
(6) In the event that our supplier fails to deliver in a timely manner a product that has been indicated on the order form as “not in stock” or has been sold off in accordance with subsection 4 above, any applicable delivery period pursuant to this Section 5 shall be deemed to be extended until delivery is made by our supplier plus an additional period of three business days, but in no event by a period of more than three weeks, provided that our supplier's failure to timely supply the products is not a result of our fault or negligence and we have without undue delay ordered the relevant products from the supplier.
(7) In the event that the product is no longer available or cannot be delivered in time, for any of the reasons set out in subsection 6, we shall without undue delay inform the Customer thereof. If the product is no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the sales contract. In case of such termination, we shall, without undue delay, reimburse the Customer any payments which the Customer has made to us in respect of the order. The legal rights of the Customer resulting from late delivery shall not be affected by this provision; provided, however, that the Customer may claim damages only subject to the provisions of Section 10 of these General Terms and Conditions.
(8) Partial deliveries of products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
(2) We shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier. Any transit times specified by us shall therefore only be non-binding estimates.
(3) If the Customer is a Consumer, the risk of accidental destruction, damage, or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, if our obligation is limited to the dispatch of the product, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
(4) We shall insure the product against the usual risks of transportation at our cost and expense.
(1) We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
(2) The Customer shall not be entitled to resell any products delivered by us which are under retention of title, except with our prior written consent.
(1) In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs.
(2) If the remedy (supplementary performance) pursuant to subsection (1) fails or cannot reasonably be expected from the Customer or we refuse to remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price, or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 9 of these General Terms and Conditions.
(3) The warranty period shall be two years upon delivery of the Product.
(1) The Customer is granted the non-exclusive right to use any software delivered with the product for use in connection with the product.
(2) The Customer shall have no right to make copies of the software, except for the purpose to use the software pursuant to subsection (1) or for backup purposes.
(3) The Customer may transfer the rights to the software to any third party only if at the same time title to the relevant product (in particular, a hardware product) is transferred to such third party and the Customer does not retain any copy whatsoever of the software.
(4) In no event shall we be required to make available the source code of the software.
(1) Our liability for late delivery shall, except in cases of willful misconduct or gross negligence, be limited to the damage, which is foreseeable and typical for the pertaining contract.
(2) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. Furthermore, our liability shall be excluded for damages resulting from a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data backup procedures. The foregoing limitations of liability shall not apply in cases of willful misconduct or gross negligence.
(3) The provisions of this Liability section shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury, or under the German Product Liability Act.
(1) We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law.
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
(2) If the Customer is a corporation, limited liability company, or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts at the place of business of SENA Europe GmbH shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.