General Terms and Conditions (GTC) of Sequoia Computer GmbH
A. General Terms and Conditions
1. Scope
2. Conclusion of contract
3. Return costs when exercising the right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Liability
9. Applicable law, place of jurisdiction, contractual language
B. Customer information
1. Information about the identity of the seller
2. Information on the essential characteristics of the goods or services
3. Information on the conclusion of the contract
4. Information on payment and delivery
5. Information about the technical steps leading to the conclusion of the contract
6. Information on the storage of the contract text
7. Information about the technical means to detect and correct input errors
8. Information on the languages available for the conclusion of the contract
A. General Terms and Conditions
1) Scope
1.1 These Terms and Conditions of Sequoia Computer GmbH (hereinafter "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The customer can submit an offer via the online order form integrated in the seller's online shop. After entering their personal data and clicking the button that completes the order process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart.
2.3 The Seller may accept the Customer's offer by issuing a written (letter) or electronic (fax or email) order confirmation or by delivering the goods within eight days. The Seller reserves the right to refuse acceptance of the order.
2.4 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Return costs when exercising the right of withdrawal
If the customer has a right of withdrawal, the regular return shipping costs will be charged upon exercising the right of withdrawal, unless the delivered goods do not correspond to those ordered. The seller will generally not accept shipments without postage paid.
4) Prices and payment terms
4.1 The prices stated by the Seller are final prices and include statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties).
4.3 The Customer has various payment options available, which are specified in the Seller’s online shop.
4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4.5 If the payment method is direct debit, the invoice amount is due immediately upon conclusion of the contract. In this case, the seller is revocably authorized to debit the invoice amount from the customer's specified account. The direct debit will be initiated when the ordered goods leave the seller's warehouse.
5) Delivery and shipping conditions
5.1 Goods are generally delivered by post to the delivery address provided by the customer. The delivery address provided during the seller's order processing is decisive for the processing of the transaction.
5.2 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 for the unsuccessful shipment. This does not apply if the customer exercises their right of withdrawal by refusing acceptance, if they are not responsible for the circumstances leading to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the seller had notified them of the service a reasonable time in advance.
5.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods passes upon handover to the customer or an authorized person. If the customer is a business owner, the risk of accidental loss and accidental deterioration in the case of a sale by dispatch passes upon delivery of the goods to a suitable carrier at the seller's place of business.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the Seller's responsibility and the Seller has entered into a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 For self-collection, the seller will first notify the customer by email that the ordered goods are ready for collection. After receiving this email, the customer can collect the goods after consultation with the seller. In this case, no shipping costs will be charged.
6) Retention of title
6.1 The Seller reserves title to the delivered goods until full payment of the purchase price owed by the Consumer.
6.2 The Seller reserves title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
7) Liability for defects
If the purchased item is defective, the statutory provisions apply. The following applies to items that have not been used in accordance with their usual purpose for a building and have caused its defectiveness:
7.1 For entrepreneurs
- an insignificant defect does not generally give rise to any claims for defects,
- the seller has the choice of the type of subsequent performance,
- for new goods, the limitation period for defects is one year from the transfer of risk.
- in the case of used goods, rights and claims due to defects are generally excluded.
- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.2 For consumers, the limitation period for claims for defects is
- for new goods, two years from delivery of the goods to the customer.
- for used goods, one year from delivery of the goods to the customer, with the restriction of clause 7.3.
7.3 For entrepreneurs and consumers, the above limitations of liability and limitation periods in clauses 7.1 and 7.2 do not apply to claims for damages and reimbursement of expenses that the buyer may assert under the statutory provisions due to defects in accordance with clause 8.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for recourse claims pursuant to Section 478 of the German Civil Code (BGB) remain unaffected. The same applies to entrepreneurs and consumers in the event of intentional breach of duty and fraudulent concealment of a defect.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.
7.6 If the customer is a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to inform the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.
7.7 If subsequent performance is effected by way of replacement delivery, the customer is obligated to return the initially delivered goods to the seller within 30 days at the seller's expense. The return of the defective goods must be carried out in accordance with statutory provisions.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation for any legal reason
in case of intent or gross negligence,
in the event of negligent or intentional injury to life, body or health,
based on a guarantee promise, unless otherwise agreed,
due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damages under the contract, unless unlimited liability applies in accordance with Section 8.1. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract, and on whose compliance the Customer may regularly rely.
8.3 Otherwise, the Seller’s liability is excluded.
8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9) Applicable law, place of jurisdiction, contractual language
9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
9.2 The contract language is German.
B. Customer information
1) Information about the identity of the seller
Sequoia Computer GmbH
Karlstr. 8a
82041 Oberhaching
Germany
Managing Directors: Dipl.-Ing. Kersten-Andreas Müller, Carmen Müller-Zehetbauer
Phone: 49 (0) 89 666 592 60
Fax: 49 (0) 89 666 592 66
Email: info@seq.de
VAT identification number according to Section 27a of the Sales Tax Law: DE178113169
2) Information on the essential characteristics of the goods or services
The essential characteristics of the goods or services are set out in the respective product description provided by the seller.
3) Information on the conclusion of the contract
The contract is concluded in accordance with Section 2 of the Seller’s General Terms and Conditions (see above).
4) Information on payment and delivery
Payment is made in accordance with Section 4 of the Seller's General Terms and Conditions (see above) in conjunction with the information on payment options in the Seller's online shop. Delivery is made in accordance with Section 5 of the Seller's General Terms and Conditions (see above).
5) Information about the technical steps leading to the conclusion of the contract
5.1 To submit an offer via the Seller's online order form, the Customer must complete the following technical steps:
5.1.1 Place the desired item in the virtual shopping cart
5.1.2 Registration in the online shop by entering user ID and password or, if a customer account does not yet exist, new registration with or without opening a customer account
5.1.3 Entering billing and delivery addresses
5.1.4 Selecting the desired payment method
5.1.5 Selecting the desired shipping method
5.1.6 Summary of order data
5.1.7 Sending the order
5.2 Acceptance by the Seller shall be subject to clause 2.3 of the Seller’s General Terms and Conditions (see above).
6) Information on the storage of the contract text
The contract text will be saved by the seller and sent to the customer after the order has been submitted, along with these General Terms and Conditions and customer information, in text form (e.g., by email, fax, or letter). In addition, the contract text will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account by entering the relevant login data, provided the customer has created a customer account in the seller's online shop before submitting their order.
7) Information about the technical means to detect and correct input errors
Before submitting the order, the customer can continuously correct their entries using the usual keyboard and mouse functions. Furthermore, all entries are displayed again in a confirmation window before the order is submitted, where they can also be corrected using the usual keyboard and mouse functions.
8) Information on the languages available for the conclusion of the contract
Only the German language is available for the conclusion of the contract.
General Terms and Conditions (GTC) of Sequoia Computer GmbH
A. General Terms and Conditions
1. Scope
2. Conclusion of contract
3. Return costs when exercising the right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Liability
9. Applicable law, place of jurisdiction, contractual language
B. Customer information
1. Information about the identity of the seller
2. Information on the essential characteristics of the goods or services
3. Information on the conclusion of the contract
4. Information on payment and delivery
5. Information about the technical steps leading to the conclusion of the contract
6. Information on the storage of the contract text
7. Information about the technical means to detect and correct input errors
8. Information on the languages available for the conclusion of the contract
A. General Terms and Conditions
1) Scope
1.1 These Terms and Conditions of Sequoia Computer GmbH (hereinafter "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The customer can submit an offer via the online order form integrated in the seller's online shop. After entering their personal data and clicking the button that completes the order process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart.
2.3 The Seller may accept the Customer's offer by issuing a written (letter) or electronic (fax or email) order confirmation or by delivering the goods within eight days. The Seller reserves the right to refuse acceptance of the order.
2.4 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Return costs when exercising the right of withdrawal
If the customer has a right of withdrawal, the regular return shipping costs will be charged upon exercising the right of withdrawal, unless the delivered goods do not correspond to those ordered. The seller will generally not accept shipments without postage paid.
4) Prices and payment terms
4.1 The prices stated by the Seller are final prices and include statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties).
4.3 The Customer has various payment options available, which are specified in the Seller’s online shop.
4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4.5 If the payment method is direct debit, the invoice amount is due immediately upon conclusion of the contract. In this case, the seller is revocably authorized to debit the invoice amount from the customer's specified account. The direct debit will be initiated when the ordered goods leave the seller's warehouse.
5) Delivery and shipping conditions
5.1 Goods are generally delivered by post to the delivery address provided by the customer. The delivery address provided during the seller's order processing is decisive for the processing of the transaction.
5.2 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 for the unsuccessful shipment. This does not apply if the customer exercises their right of withdrawal by refusing acceptance, if they are not responsible for the circumstances leading to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the seller had notified them of the service a reasonable time in advance.
5.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods passes upon handover to the customer or an authorized person. If the customer is a business owner, the risk of accidental loss and accidental deterioration in the case of a sale by dispatch passes upon delivery of the goods to a suitable carrier at the seller's place of business.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the Seller's responsibility and the Seller has entered into a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 For self-collection, the seller will first notify the customer by email that the ordered goods are ready for collection. After receiving this email, the customer can collect the goods after consultation with the seller. In this case, no shipping costs will be charged.
6) Retention of title
6.1 The Seller reserves title to the delivered goods until full payment of the purchase price owed by the Consumer.
6.2 The Seller reserves title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
7) Liability for defects
If the purchased item is defective, the statutory provisions apply. The following applies to items that have not been used in accordance with their usual purpose for a building and have caused its defectiveness:
7.1 For entrepreneurs
- an insignificant defect does not generally give rise to any claims for defects,
- the seller has the choice of the type of subsequent performance,
- for new goods, the limitation period for defects is one year from the transfer of risk.
- in the case of used goods, rights and claims due to defects are generally excluded.
- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.2 For consumers, the limitation period for claims for defects is
- for new goods, two years from delivery of the goods to the customer.
- for used goods, one year from delivery of the goods to the customer, with the restriction of clause 7.3.
7.3 For entrepreneurs and consumers, the above limitations of liability and limitation periods in clauses 7.1 and 7.2 do not apply to claims for damages and reimbursement of expenses that the buyer may assert under the statutory provisions due to defects in accordance with clause 8.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for recourse claims pursuant to Section 478 of the German Civil Code (BGB) remain unaffected. The same applies to entrepreneurs and consumers in the event of intentional breach of duty and fraudulent concealment of a defect.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.
7.6 If the customer is a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to inform the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.
7.7 If subsequent performance is effected by way of replacement delivery, the customer is obligated to return the initially delivered goods to the seller within 30 days at the seller's expense. The return of the defective goods must be carried out in accordance with statutory provisions.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation for any legal reason
in case of intent or gross negligence,
in the event of negligent or intentional injury to life, body or health,
based on a guarantee promise, unless otherwise agreed,
due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damages under the contract, unless unlimited liability applies in accordance with Section 8.1. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract, and on whose compliance the Customer may regularly rely.
8.3 Otherwise, the Seller’s liability is excluded.
8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9) Applicable law, place of jurisdiction, contractual language
9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
9.2 The contract language is German.
B. Customer information
1) Information about the identity of the seller
Sequoia Computer GmbH
Karlstr. 8a
82041 Oberhaching
Germany
Managing Directors: Dipl.-Ing. Kersten-Andreas Müller, Carmen Müller-Zehetbauer
Phone: 49 (0) 89 666 592 60
Fax: 49 (0) 89 666 592 66
Email: info@seq.de
VAT identification number according to Section 27a of the Sales Tax Law: DE178113169
2) Information on the essential characteristics of the goods or services
The essential characteristics of the goods or services are set out in the respective product description provided by the seller.
3) Information on the conclusion of the contract
The contract is concluded in accordance with Section 2 of the Seller’s General Terms and Conditions (see above).
4) Information on payment and delivery
Payment is made in accordance with Section 4 of the Seller's General Terms and Conditions (see above) in conjunction with the information on payment options in the Seller's online shop. Delivery is made in accordance with Section 5 of the Seller's General Terms and Conditions (see above).
5) Information about the technical steps leading to the conclusion of the contract
5.1 To submit an offer via the Seller's online order form, the Customer must complete the following technical steps:
5.1.1 Place the desired item in the virtual shopping cart
5.1.2 Registration in the online shop by entering user ID and password or, if a customer account does not yet exist, new registration with or without opening a customer account
5.1.3 Entering billing and delivery addresses
5.1.4 Selecting the desired payment method
5.1.5 Selecting the desired shipping method
5.1.6 Summary of order data
5.1.7 Sending the order
5.2 Acceptance by the Seller shall be subject to clause 2.3 of the Seller’s General Terms and Conditions (see above).
6) Information on the storage of the contract text
The contract text will be saved by the seller and sent to the customer after the order has been submitted, along with these General Terms and Conditions and customer information, in text form (e.g., by email, fax, or letter). In addition, the contract text will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account by entering the relevant login data, provided the customer has created a customer account in the seller's online shop before submitting their order.
7) Information about the technical means to detect and correct input errors
Before submitting the order, the customer can continuously correct their entries using the usual keyboard and mouse functions. Furthermore, all entries are displayed again in a confirmation window before the order is submitted, where they can also be corrected using the usual keyboard and mouse functions.
8) Information on the languages available for the conclusion of the contract
Only the German language is available for the conclusion of the contract.
§ AGB
General Terms and Conditions (GTC) of Sequoia Computer GmbH
A. General Terms and Conditions
1. Scope
2. Conclusion of contract
3. Return costs when exercising the right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects
8. Liability
9. Applicable law, place of jurisdiction, contractual language
B. Customer information
1. Information about the identity of the seller
2. Information on the essential characteristics of the goods or services
3. Information on the conclusion of the contract
4. Information on payment and delivery
5. Information about the technical steps leading to the conclusion of the contract
6. Information on the storage of the contract text
7. Information about the technical means to detect and correct input errors
8. Information on the languages available for the conclusion of the contract
A. General Terms and Conditions
1) Scope
1.1 These Terms and Conditions of Sequoia Computer GmbH (hereinafter "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The customer can submit an offer via the online order form integrated in the seller's online shop. After entering their personal data and clicking the button that completes the order process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart.
2.3 The Seller may accept the Customer's offer by issuing a written (letter) or electronic (fax or email) order confirmation or by delivering the goods within eight days. The Seller reserves the right to refuse acceptance of the order.
2.4 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Return costs when exercising the right of withdrawal
If the customer has a right of withdrawal, the regular return shipping costs will be charged upon exercising the right of withdrawal, unless the delivered goods do not correspond to those ordered. The seller will generally not accept shipments without postage paid.
4) Prices and payment terms
4.1 The prices stated by the Seller are final prices and include statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties).
4.3 The Customer has various payment options available, which are specified in the Seller’s online shop.
4.4 If advance payment has been agreed, payment is due immediately after conclusion of the contract.
4.5 If the payment method is direct debit, the invoice amount is due immediately upon conclusion of the contract. In this case, the seller is revocably authorized to debit the invoice amount from the customer's specified account. The direct debit will be initiated when the ordered goods leave the seller's warehouse.
5) Delivery and shipping conditions
5.1 Goods are generally delivered by post to the delivery address provided by the customer. The delivery address provided during the seller's order processing is decisive for the processing of the transaction.
5.2 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 for the unsuccessful shipment. This does not apply if the customer exercises their right of withdrawal by refusing acceptance, if they are not responsible for the circumstances leading to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the seller had notified them of the service a reasonable time in advance.
5.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods passes upon handover to the customer or an authorized person. If the customer is a business owner, the risk of accidental loss and accidental deterioration in the case of a sale by dispatch passes upon delivery of the goods to a suitable carrier at the seller's place of business.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the Seller's responsibility and the Seller has entered into a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.
5.5 For self-collection, the seller will first notify the customer by email that the ordered goods are ready for collection. After receiving this email, the customer can collect the goods after consultation with the seller. In this case, no shipping costs will be charged.
6) Retention of title
6.1 The Seller reserves title to the delivered goods until full payment of the purchase price owed by the Consumer.
6.2 The Seller reserves title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
7) Liability for defects
If the purchased item is defective, the statutory provisions apply. The following applies to items that have not been used in accordance with their usual purpose for a building and have caused its defectiveness:
7.1 For entrepreneurs
- an insignificant defect does not generally give rise to any claims for defects,
- the seller has the choice of the type of subsequent performance,
- for new goods, the limitation period for defects is one year from the transfer of risk.
- in the case of used goods, rights and claims due to defects are generally excluded.
- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
7.2 For consumers, the limitation period for claims for defects is
- for new goods, two years from delivery of the goods to the customer.
- for used goods, one year from delivery of the goods to the customer, with the restriction of clause 7.3.
7.3 For entrepreneurs and consumers, the above limitations of liability and limitation periods in clauses 7.1 and 7.2 do not apply to claims for damages and reimbursement of expenses that the buyer may assert under the statutory provisions due to defects in accordance with clause 8.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for recourse claims pursuant to Section 478 of the German Civil Code (BGB) remain unaffected. The same applies to entrepreneurs and consumers in the event of intentional breach of duty and fraudulent concealment of a defect.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.
7.6 If the customer is a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to inform the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.
7.7 If subsequent performance is effected by way of replacement delivery, the customer is obligated to return the initially delivered goods to the seller within 30 days at the seller's expense. The return of the defective goods must be carried out in accordance with statutory provisions.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The Seller shall be liable without limitation for any legal reason
in case of intent or gross negligence,
in the event of negligent or intentional injury to life, body or health,
based on a guarantee promise, unless otherwise agreed,
due to mandatory liability such as under the Product Liability Act.
8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damages under the contract, unless unlimited liability applies in accordance with Section 8.1. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which is essential for the proper execution of the contract, and on whose compliance the Customer may regularly rely.
8.3 Otherwise, the Seller’s liability is excluded.
8.4 The above liability provisions also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
9) Applicable law, place of jurisdiction, contractual language
9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
9.2 The contract language is German.
B. Customer information
1) Information about the identity of the seller
Sequoia Computer GmbH
Karlstr. 8a
82041 Oberhaching
Germany
Managing Directors: Dipl.-Ing. Kersten-Andreas Müller, Carmen Müller-Zehetbauer
Phone: 49 (0) 89 666 592 60
Fax: 49 (0) 89 666 592 66
Email: info@seq.de
VAT identification number according to Section 27a of the Sales Tax Law: DE178113169
2) Information on the essential characteristics of the goods or services
The essential characteristics of the goods or services are set out in the respective product description provided by the seller.
3) Information on the conclusion of the contract
The contract is concluded in accordance with Section 2 of the Seller’s General Terms and Conditions (see above).
4) Information on payment and delivery
Payment is made in accordance with Section 4 of the Seller's General Terms and Conditions (see above) in conjunction with the information on payment options in the Seller's online shop. Delivery is made in accordance with Section 5 of the Seller's General Terms and Conditions (see above).
5) Information about the technical steps leading to the conclusion of the contract
5.1 To submit an offer via the Seller's online order form, the Customer must complete the following technical steps:
5.1.1 Place the desired item in the virtual shopping cart
5.1.2 Registration in the online shop by entering user ID and password or, if a customer account does not yet exist, new registration with or without opening a customer account
5.1.3 Entering billing and delivery addresses
5.1.4 Selecting the desired payment method
5.1.5 Selecting the desired shipping method
5.1.6 Summary of order data
5.1.7 Sending the order
5.2 Acceptance by the Seller shall be subject to clause 2.3 of the Seller’s General Terms and Conditions (see above).
6) Information on the storage of the contract text
The contract text will be saved by the seller and sent to the customer after the order has been submitted, along with these General Terms and Conditions and customer information, in text form (e.g., by email, fax, or letter). In addition, the contract text will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account by entering the relevant login data, provided the customer has created a customer account in the seller's online shop before submitting their order.
7) Information about the technical means to detect and correct input errors
Before submitting the order, the customer can continuously correct their entries using the usual keyboard and mouse functions. Furthermore, all entries are displayed again in a confirmation window before the order is submitted, where they can also be corrected using the usual keyboard and mouse functions.
8) Information on the languages available for the conclusion of the contract
Only the German language is available for the conclusion of the contract.