GTC

General Terms and Conditions of SENG CONSULTING GROUP

Stand: Dec. 01, 2021

Overview:

1. General provisions

Z3-PREMIUM-PARTS;  SECON Car-Marketing;  SECON IT-Solutions;  and  SECON Objekt-Services  are brands of the SENG CONSULTING GROUP. The general provisions of this general terms and conditions, the electronic and printed price lists, the shipping and money transfer costs, the priced articles, the BLOG and validation guidelines, the data protection, own rights of use and enjoyment, own terms of licence and own trademark rights extend about all aforementioned brands of the SENG CONSULTING GROUP in contracts with a consumer, with an entrepreneur and with associations in according to sections 21 + 22 BGB (German Civil Code) as employer, orderer, buyer, client or contract partner (subsequent "customer" named). Deciding about the status of the customer as a comsumer or as an entrepreneur is the user declaration by his registration.

2. Contract partner, contract offer, completion of order, and contract conclusion

2.1  Contract partner for the customer is the Seng Consulting Group with one of aforementioned brand, owner Achim Seng, Lumdastrasse 34b, DE-35325 Mücke with the domains and subdomains www.seng-consulting.de, www.z3-premium-parts.de and www.z3shop.de  (subsequent "SENG CONSULTING GROUP“, "seller“, "we“ or "us“ named). For all supplies, services and mutual claims arising from and in connection with contracts between the customer and us and for telephone ordering by reference to these General Terms and Conditions is solely subject these General Terms and Conditions (subsequent "General Terms and Conditions" or "GTC“ named), valid version at the time of order. This GTC is also solely subject in contracts and contracts in future with an entrepreneur, even if they are not explicitly mentioned again in agreements with an entrepreneur. If applicable, in addition we reference by the contract products enclosed license and other article conditions of the manufacturer, which are i.a. visible or linked on our websites. With acceptance of this GTC the customer accepts this GTC and their validity explicitly.

2.2  Supplementary General Terms and Conditions of entrepreneurs or contrary regulations of the customer with the following provisions shall not apply and the SENG CONSULTING GROUP contradicts expressly their inclusion and validity in contracts with us. The following General Terms and Conditions shall also apply exclusively if we unconditionally carry out, in the knowledge of our GTC's, the performance or delivery deviating or contrary conditions of the customer. Deviations from these GTC's, additions and side-agreements require the explicit consent of us or an actuation the corresponding function of a selection in our online shop. Excepted to this are country-specific consumer regulations (see GTC-numeral 8.1), contractually secured properties or services of a service level agreement or which are also parts of the business conditions of an entrepreneur as a customer.

2.3  Our offers and article information regarding the distributed goods and services by us (subsequent "article" or "goods" or "matter" or "service" named) are addressed to customers of the designated countries in according to our delivery and shipping costs table and provide a non-committal invitation to buy our articles to the customer. These are exclusive definite described and illustrated in the article description and with the supplementary information on our online shop pages. The displayed colors of the articles in our online shop can deviate in their reproduction from the real color.

2.4.1  The customer gives with his order or with the pressed button, "Order with obligation to pay" named, a binding offer to us to close a contract with the customer. We can accept this offer within the article description specified delivery time or within not longer than five calendar days.

2.4.2  First the customer receives an e-mail only for receipt of confirmation the order with all order data from the customer, our GTCs and the instructions of cancellation for consumer by e-mail or alternatively e.g. by fax or post-mail to the customer billing address. This e-mail does not still constitute acceptance of the offer to conclude a contract or a contract of sale with us. The contract or contract of sale for the ordered article/service comes into being depending on the chosen payment method.

2.4.3  If the customer have selected during the ordering process as payment method prepayment, we accept the order in the time by sending you an e-mail with the notification that we have accepted the customers order (contract confirmation).

2.4.4  If the customer have selected during the ordering process as payment method cash on delivery (COD) or cash in our store or SEPA direct debit or purchace on account, we accept the order in the time by the customer get delivered or handed over the article(s).

2.4.5  We can accept this offer within the product description specified delivery time or within not longer than five calendar days. Should we do not accept the offer within the product description specified delivery time or within not longer than five calendar days or we will send you not a order confirmation or not a notice of the shipment (shipment confirmation) or you not received the article within the product description specified delivery time or the end of the fifth day, which follows the dispatch of the offer, shall be deemed to reject the offer with the result that the customer are no longer bound to his/her declaration of intent. If necessary services and payments already rendered, in this case the customer will be refunded immediately.

2.4.6  If the customer have selected during the ordering process as payment method a payment provider (e.g. Amazon Pay or PayPal or SOFORT or per installment), a voucher or a coupon, the customer grant a payment order to your payment provider by clicking on the button who at the same time the ordering process final. In this case we acceptance the offer already explain deviation from previously-called in the time in which the customer have by clicking the button who does concluding the order process started the payment process.

2.4.7  Consumers whoes at the time of order completion belong to a Member State of the European Union and whose domicile or habitual residence are at the time of order completion within the European Union, but outside of Germany, there are perhaps even beyond rights to conclude a contract in accordance with their respective domestic laws. In this case we already explain deviation from previously-called acceptance of the offer from the customer in the moment in which the consumer complete the ordering process by clicking the button "Order with obligation to pay".

2.4.8  A contract conclusion requires the provision of complete and correct data from the customer as well as the possibility to receive contract data from us in the customers selected mode of communication. In each of aforementioned cases of contract conclusion, the customer will receive a contract confirmation with all the contract components in text form or written form.

2.5  Our Online-Shop gives the customer an option of ordering the products of wish by four clicks. In the first step the customer select the desired articles. In the second step the customer will find an overview of the selected articles and the incur costs in the shopping cart. You can cancel anytime the selected articles. In the third step opens a window in which the customer can select whether he/she want to send the order, logged in, enter the account information including billing address and, if different, an other delivery address. If the customer is logged in he/she will enjoy benefits such as order tracking or an order history and much more. In the fourth step and last step the customer can do a final check on his/her order, his/her name, his/her adress and select the preferred methods of delivery and payment. By clicking on the button "Order with obligation to pay" the customer can complete the ordering process. We store the contractual components of the customer, which we submit during the purchase process in text form or written form to the customer and which can be accessed and printed out via the customer account at any time. Except guest orders with PayPal Express, orders are only available from registered customers. A cancellation of the customer account is possible at any time by the customer. Except the right of revocation for consumer, the purchase on trial is excluded.

2.6  If ordered a performance in our business rooms, an order form with the signature of the customer must be drawn up or applied in text form by the customer.

2.7  If the Seng Consulting Group operate with third parties to fulfill the contract, the third parties will not become contractual partners of the customer. This does not apply to contracts or parts of contracts in which the Seng Consulting Group is only advisory and / or intermediary acting.

2.8  Transfers of rights and obligations from service and purchase agreements require the explicit consent of the Seng Consulting Group.

3. Submitted documents

In all provided to the customer associated documents in connection with the assignment of a service, e.g. color samples or upholstery samples or calculations or engineering drawings or technical specialised literature etc., which are not subject of an additional include delivery of goods, we reserve the right to property and copyright. These documents may be not made accessible to third parties, unless we give the customer our explicit consent. If we do not accept the customer's offer within the specified offer period, these documents must be returned immediately to us.

4. Prices and payment terms

4.1  For supply of a service respectively delivery of goods apply the prices as they appear on our websites, the priced articles, and price listings (subsequent "prices" named) at time of order, contract award respectively contract acceptance. Dissenting prices, which may be diagramed from pages that comes from temporary caches e.g. a browser cache or proxy, are not current and not valid. Our offers may be temporary and subject to change, unless they are a part of contractual agreement. Contractual currency is EURO (EUR). Furter to be available for consumer from Great Britain the currency is Great Britain pound (GBP), for consumer from Switzerland the currency is Swiss franc (CHF). Payments with virtual currencies, e.g. bitcoins or e-gold, are not possible.

4.2  All prices are final prices included the statutory VAT in our online shop. If no otherwise agreed, the prices included one article or one service additional shipping costs and additional possibly packing and money transfer costs for each completed order process. The customer will find the shipping and money transfer costs in our shipping and money transfer costs table and also in our price list.

Articles and/or shipping methods with a deposit charge or a deposit flat-rate are declared as a separate position and already included in the unit price. The customer will be refunded the deposit charge or deposit flat-rate upon returned the provided exchange part(s) or deposit packing/box(s).

4.3  The payment of the purchase price is payable under the specified bank account or the selected payment method in the ordering process. A deduction of cash discount (Skonto) or other deductions is only allowed with previously separate agreement.

4.4  If no otherwise declared, the invoice amount is payable on our bank account per
• Prepayment within 5 days after sending the order acceptance.

The customer can pay the amount alternatively, depending on selected shipping method, per
• Cash on delivery (COD),
• Amazon Pay (payment provider: Amazon Payments Europe SCA (société en commandite par actions),
  RCS Luxembourg: B 153 265, 38 avenue John F. Kennedy, L-2338 Luxembourg),
• PayPal (payment provider: PayPal (Europe) S.à r.l. & Cie, S.C.A., Société en commandite par actions,
  Place of bank: 22-24 Boulevard Royal, LU-2449 Luxembourg),
• PayPal Express (payment provider: PayPal, see above),
• Financing powered by PayPal (payment provider: PayPal, see above),
• SOFORT (Klarna) (payment provider: SOFORT GmbH, Theresienhöhe 12, D-80339 München, Germany),
• Cash payment in our store,
• Voucher, coupon, (see also GTC-numeral 4.9)
• SEPA direct debit,
• Credit,
• Purchase on account within 5 days.

A claim to purchase on account, direct debit, financing, credit or the receipt of checks does not exist and presupposes the degree of creditworthiness. Payments per payment provider carried the debit of the customers account/card account in according to the payment provider - user agreement. Payments per SEPA direct debit carried the debit of the customer bank account one day after the delivery of goods. Payments by cash on delivery (COD) are payable by the delivery of goods. A payment by sending cash (notes and coins) is not possible. In case of loss we exclude liability expressly. We reserve to exclude individual payment methods.

4.5  An order or delivered goods or the services we rendered shall be as unpaid
• up to the time when we or third parties, commissioned by us, are able to dispose of the full paid amount or
• if the amount to be paid in the collection of direct debiting scheme is refused by the opposing credit institution.

The Seng Consulting Group will charge the costs in the event of a failed debit, a failed direct debit, or a failed credit card booking, as well as any repayment of a payment provider's payment or incorrectly specified data from the customer in the issued amount by the customer's credit institution per failed debit, per failed direct debit, per failed credit card booking, per annulled payment provider's payment, as well as the billed costs for the failed direct debit or the failed credit card booking or annulled payment provider's payment or incorrectly specified data from the customer.
The amount shall be higher or lower or canceled if we prove a higher loss or the customer proves that a substantially lower loss or no loss has occurred.

4.6  In case of reminders, we can charge reminder fees from the second reminder.
Consumers will be in default of payment of our claim no later than 30 days after the due date and receipt of the invoice or an equivalent payment schedule with this note contained therein. Debtors who are not consumers will be in default no later than 30 days after the due date and receipt of the item, if the time of receipt of the invoice or payment schedule is uncertain.

From the beginning of a delay the customer owes the seller additional interest in addition to the purchase price. If a consumer is involved in the purchase contract, the rate of interest is five percent (5%) above the basic rate of interest. In case of purchase contract between entrepreneurs, whether as a buyer or as a seller, the rate of interest is nine percent (9%) above the basic rate of interest. The assertion of a higher damage caused by default remains reserved. In the event that we are asserting a higher default, the customer has the opportunity to prove to us that the claimed default is not at all or at least substantially lower.
Under the link https://www.bundesbank.de > search > basic rate of interest  you will find the basic rate of interest pursuant to the BGB (German Civil Code).

4.7  If the customer does not absorption the goods sold, we are optionally entitled to acceptance of the contract or to demand fifteen percent (15%) of the purchase price or contract price as a flat-rate claim for damages and expenses. We reserve the right to demand a higher detectable damage, especially for specially manufactured goods. The damages shall be lower if the customer proves a lower loss or that no loss has occurred.

4.8  In the period of default an acceptance of the contract by the customer, the Seng Consulting Group is entitled to store the goods at a haulier or another warehouse keeper, in the case of a consumer at the risk of us, in the case of an entrepreneur at the risk of the customer. During the default period to acceptance of the contract the customer has to pay a replacement per month a flat rate of EUR 30.00 for the resulting storage costs without additional proof to the Seng Consulting Group. In case of higher storage costs, the Seng Consulting Group can against proof demand the replacement of these costs from the customer. The flat rate compensation shall be reduced to the extent that the customer proves the expenses or damage have not been incurred. For vehicles we will be charged a demurrage of EUR 1.00 per vehicle and per calendar day plus storage day and removal day as well as a pro rata insurance contribution.

4.9.1  Gift vouchers purchased from us as well as remaining credits (subsequent "voucher“ named) can be redeemed by the end of the third year after the date of purchase in our online shop or in our store. Any residual credit remaining up to the named expiration date for further purchases.

Vouchers can be redeemed as payment for all articles, except for the purchase of additional vouchers, can be cumulated and transferred within the context of promotional campaigns or with other vouchers or as a gift. These may not be resold or otherwise transferred for a fee to third parties. To settle a difference amount of a voucher payment you can choose from one of the types of goods possible payment method. A subsequent redemption, a cash payment or a interest of a voucher is not possible. When redeeming a voucher, there are no fees. We are not liable in the event of loss, theft, damage or misuse of a voucher.

4.9.2  Offered discounts, coupons, and promotional vouchers, which are available free of charge in the context of promotional campaigns and not for sale by the customer, and possibly issued with a fixed period of validity from us (subsequent "coupon“ named), can only be redeemed during the specified period in our online shop or in our store.

These coupons are not cumulable in the context of promotional campaigns or with other discounts or with other coupons, can not be transferred to third parties and can not be redeemed subsequently. If the customer returns the goods paid in whole or in part with the coupon in the context of a legal right of revocation for consumers, a coupon shall not be reimbursed. A cash payment or a interest of coupons is not possible. We are entitled to check the material entitlement of the coupon owner. When redeeming a coupon, there are no fees. We are not liable in the event of loss, theft, damage or misuse of a coupon.

5. Offsetting and liens

5.1  The customer is only entitled to exercise a right of retention that his extent counterclaim is based on the same contractual relationship.

5.2  A customer, who is not a consumer, can only offset against claims from us if his claims are undisputed or legally binding.
This set-off restriction does not apply to a claim made by the customer for offsetting, which has its legal basis in a loan or a financial assistance in accordance with sections 491 to 513 BGB (German Civil Code).

6. Right of revocation for consumer

6.1 Index
A. Right of revocation for contracts to supply of goods
B. Right of revocation for contracts to provision of services
C. Right of revocation for contracts to supply of non-located on a physical data storage medium to be
    manufactured and provided in a digital form (digital contents)

A. Right of revocation for contracts to supply of goods

If the customer is a consumer within the meaning of section 13 BGB (German Civil Code), who means every natural person and enters into a legal transaction for purposes that predominantly are outside his trade, business or profession, he/she has a right of revocation in according to section 355 BGB (German Civil Code).

Exclusion and/or premature expiration of the right to cancel:
The right to cancel is excluded for contracts
•  for the supply of goods that are not pre-fabricated and the production of which is governed by an individual choice of or decision by the consumer, or that are clearly tailored to personal needs of the consumer.  
•  with consumers, who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole domicile and delivery address at the time of concluding the contract are outside the European Union.

The right to cancel expires prematurely for contracts
•  for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if such goods were unsealed after delivery,
•  for the supply of goods which, according to their nature, are inseparably mixed, after delivery, with other items,
•  for the supply of sealed audio or sealed video recordings or sealed computer software, if they were unsealed after delivery.

General information
(1.) Please prevent damage to and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you are no longer in possession of the original packaging, please use suitable packaging providing adequate protection against potential transport damage.
(2.) You have to pay the return costs. We will provide invoiced the unfree return costs, returns by COD and the additional costs that exceed the normal return postage. If you sending deposit returns, please enclose the invoice document.
(3.) The estimated value of the immediate costs for returning non-package-capable goods of maximum 281.00 EUR refers to standard returns within the European Union.
(4.) Please note that the above numbers 1 to 3 of this general information are not a precondition for effectively exercising your right to cancel.

B. Right of revocation for contracts to provision of services

If the customer is a consumer within the meaning of section 13 BGB (German Civil Code), who means every natural person and enters into a legal transaction for purposes that predominantly are outside his trade, business or profession, he/she has a right of revocation in according to section 355 BGB (German Civil Code).

C. Right of revocation for contracts to supply of non-located on a physical data storage medium
    to be manufactured and provided in a digital form (digital contents)

If the customer is a consumer within the meaning of section 13 BGB (German Civil Code), who means every natural person and enters into a legal transaction for purposes that predominantly are outside his trade, business or profession, he/she has a right of revocation in according to section 355 BGB (German Civil Code).

Note for consent to expires the right to cancel
Contracts for digital contents, which are supplied of non-located on a physical data storage medium, tend to have a 14-day right to cancel. The cancellation period begins on the day of contract conclusion.
However the right to cancel shall expire, if the contractor has started the execution of the contract,
•  after the consumer has explicitly agreed that the contractor for the execution of the agreement begins before the ending the cancellation period and
•  after the consumer has confirmed his knowledge that he loses his right to cancel by his consent with start of execution of the contract.
You give us your consent by setting a check mark on a checkbox in the checkout process.

6.2  Model cancellation form
If you want to cancel the contract, please fill in this form and send it back.

Here the customer can download and print the revocation instruction and the model cancellation form as PDF:
⇒⇒ (Model cancellation form)  Link: https://www.z3shop.de/media/c1/0b/86/1625336639/model-cancellation-form.pdf

To opening and read the PDF model cancellation form you need a program that can displayed PDF files (e.g. Adobe® Acrobat® or Adobe® Reader®). Here the customer can download the Adobe® Reader® for free.
⇒⇒ (Download Adobe® Reader®)  Link: https://get.adobe.com/de/reader/otherversions/

6.3  The right of revocation does not valid for contracts with consumers, who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole domicile and delivery address at the time of concluding the contract are outside the European Union.

6.4  If the customer purchases as an entrepreneur or in terms of section 13 BGB (German Civil Code) as a consumer and that the contract is completed within our business premises or at a trade show or not the exclusive use of electronic commerce, the customer is not granted a voluntary right to cancel.

6.5  If the customer acquire a discounted terminal equipment in context with the conclusion of a new service contract or a contract extension, so you can revoked purchase contract and service contract only combined. If the customer cancels the contract for a service, so the customer explains simultaneously the cancellation of the purchase contract and vice versa.

7. Delivery times, delivery deadlines

7.1  The delivery occurred after receipt of payment, except payment methods with respite payment effect, in the product description specified delivery time and with the chosen shipping method. Delivery times are valid for standard deliveries and EXPRESS deliveries within the German mainland. International delivery times as well as island deliveries are indicated in our shipping costs table. Binding delivery dates for orders which are not made by means of telecommunication or made within our business rooms must be agreed in text form. The agreed delivery time begins with the date of order or the order confirmation, subject to the receipt of payment (see numeral 7.3 GTC). The exception of the unfulfilled contract remains reserved. The delivery time is met if the delivery item is handed over to the customer before the deadline or by a person authorized from the customer, or the service is provided at the place of performance. Required or ordered articles for a service are provided to the performance date. Declared deadlines apply to weekdays, except Saturdays, Sundays and legal holidays at our head office.

7.2  Unless otherwise agreed, orders with several articles and different delivery times we will ship the goods in a joint consignment as well as within the delivery time, which is indicated for the article with the longest delivery time.

7.3  The delivery period is extended by the time until the customer has paid us the total amount in advance selected payment method prepayment or cash payment in our store and/or has provided us with the information necessary for the execution of the order and, if necessary, handed over the documents.

7.4  The delivery time is extended adequately in the event of work stoppages, in particular strikes and lockouts, as well as circumstances beyond our control, such as statutory or official orders (e.g. export or import restrictions), in cases of delayed delivery by force majeure (e.g. natural catastrophes) or unpredictable events in the execution of a service. The aforesaid circumstances shall be not attributable to us even if they arise during an already existing default. The customer shall be promptly informed of the start and the end of such circumstances.

7.5  In the case of delayed delivery which we have not deliberately or not grossly negligent, we shall be limited to the foreseeable damage. Further claims for damages shall only exist if the delay is due to intent or gross negligence on our part. Further legal claims and rights of the customer due to a delayed delivery shall remain unaffected.

8. Delivery restriction, shipping, passing of risk

8.1  Unless otherwise agreed, all deliveries shall be made by dispatch to the indicated delivery address and only with in the article description specified scope of supply. All dispatch deliveries are free of packing up to 31 kg and will be shipped to the designated countries in according to our shipping costs table and at our equitable discretion with the logistics companies DHL, or DPD, or UPS, or per haulier in according to the article condition, plus possibly optional shipping services selected by the customer. Deliveries to post-office boxes (P.O.B.), packing stations or poste restante consignments are not possible.

8.2  In the case of cross-border deliveries, additional duties, taxes and / or charges may be payable in individual cases by the customer to the respective customs authorities or tax authorities.

8.3  If the customer is in default of acceptance the delivery or if the delivery to the customer is not possible or if the customer is in breach of other cooperation obligations, we are entitled to demand compensation for the resulting damages, including possible additional expenses. We reserve the right to make further claims. Exempt from this is where the customer exercises his right of revocation, is not responsible for the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless we provide the customer a reasonable time beforehand have announced.

8.4  The risk of accidental loss or accidental deterioration of purchased goods shall pass to the customer as a consumer with the delivery or the customer or a recipient of a third party, who is not the carrier, receives the consignment with the delivery goods or by contract conclusion of the customer in our store and the customer leaves it with the goods. The risk is passing to customer as an entrepreneur as soon as the customer leave our company or with a person entitled to receive them, or with the handover to the haulier, the freight carrier, or the otherwise intended person or institution to carry out the dispatch. This applies regardless of who bears the shipping costs. The same applies to a service with rendered goods delivery.

8.5  The customer has the possibility of pickup in our store at the following business hours in our office:
Mon. - Fri.: 10 am - 6 pm and Sat.: 10 am - 1 pm. For this purpose, the customer receives a notification in text form (e.g. per e-mail, fax, or letter) of the time if the order is ready to be pickup by the customer.

8.6  Consumption to consumers takes place in household quantities. For orders with larger quantities to consumers as well as bulk orders to entrepreneurs we ask for a timely notification before ordering.

9. Title retention

9.1  We reserve the title to the delivered goods until full payment of all claims from the supply contract. In case of a breach of contract by the customer, we are entitled to demand the purchased good or the proportionate value of a service. In case of the retraction or attachment of the reservation object there is no cancellation from the contract.

9.2  The customer obligated to treat the purchased item with care, as long as the property has not yet passed on him. The customer is particular obligated at the time of purchase of high-quality goods to sufficient insure on his own expense against theft, fire damage and water damage to the new value. If maintenance work and inspection work are carried out, the customer shall carry out at its own expense. As long as the property has still not passed, the customer must notify us immediately in writing if the delivered case is seized or other interferences by third parties. If the third party is unable to reimburse us for the court and extrajudicial costs of a lawsuit in according to section 771 ZPO (Code of Civil Procedure), the customer shall be liable for the loss incurred to us.

9.3  If the customer is a consumer, the customer is not obliged until full payment to dispose by selling or awarding or pledging or altering or otherwise of the goods.

9.4  If the customer is not a consumer, the customer is entitled to resell the reserved goods in normal business transactions. The buyer hereby assigns the customer's claims arising out of the resale of the reserved goods to us in the amount of the agreed final invoice amount including value-added tax. This assignment shall apply irrespective of whether the purchase item has been resold without or after processing. The customer remains authorized to collect the claim even after the assignment. Our authority to collect the claim itself remains unaffected. We will not collect the claim as long as the buyer complies with his payment obligations arising from the revenues collected, the buyer is not in arrears with payment and no particulary application for opening insolvency proceedings is filed or the buyer has been a payment default.

The processing and transformation of the purchased articles by the customer always takes place on behalf of us and by order of us. In this case, the client's right of advocacy is continued by transformed case. If the object of purchase is processed with other articles not belonging to us, at the time of the processing we acquire the co-ownership of the new case in the ratio of the objective value of our purchased goods to the other processed articles. The same applies to the case of mixing. Insofar as the mixing takes place in such a way that the customer's article is to be regarded as the main article, it is agreed that the customer transfers us proportionate co-ownership and keeps the resulting sole proprietorship or co-ownership for us. To protect our claims against the customer, the customer assigns also to us those claims which arise from the combination of the reserved articles with a property against a third party, we accept hereby this assignment.

10. Payment bond / bail

10.1  The Seng Consulting Group is entitled to demand an adequate bail by the customer (e.g. prepayment, a loan guarantee, or a amount of money from a credit institution established in the European Union) before the conclusion of an order or a contract or the fulfillment of its contractual obligations, if there is a fear that the customer does not or does not meet these obligations in time. The amount of the bail depends on the type and scope of the article by contract conclusion. In the case of consignment the full amount of the contract including the additional costs (shipping, licenses, and general charges), for services fifty percent (50%) of the contractually agreed total amount plus any agreed transportation expenses or travel expenses.

10.2  If provide as a bail a amount of money by the customer, the Seng Consulting Group has, apart from its assets, invest at the usual interest rate for daily money in a credit institution of its choice. The interest is due to the customer and they increase the bail. After the completion of the delivery, the bail is charged primarily with the invoice, the final invoice or final partial invoice. Except the aforementioned regulation is the payment method prepayment for orders.

10.3  We obligate to release the bail to which we are entitled at the customer's request insofar as their value exceeds or no longer exceeds the receivables to be secured by more than twenty percent (20%).

11. Liability, warranty, complaint, exchange, and returns

11.1  For all articles from our online shop and our store exists statutory warranty rights. Accordingly unless otherwise expressly in the following agreed,

a) the limitation period for deficiency claims shall be a defect for new goods in according to statutory provisions by a consumer as well as for used articles a shortened limitation period of 1 year for consumer whose sole domicile and delivery address at the time of concluding the contract are not in Austria or the United Kingdom, calculated from delivery of the goods. These also apply to claims for the replacement of defect consequences, insofar are asserted no claims for unauthorized action.

Consumers, who do belong to a Member State of the European Union at the time of conclusion of the contract and whose sole domicile and delivery address at the time of concluding the contract are within the European Union, but outside of Germany, may have still additional rights to the warranty for defects under their respective national laws.

b) the limitation period for deficiency claims shall be a defect for new goods of 1 year by an entrepreneur as well as for used articles no limitation period for entrepreneurs, calculated from passing of risk. If a replacement delivery takes place within the scope of the defect liability, the limitation period does not begin again. The statutory limitation periods for the right of recourse pursuant to section 478 BGB (German Civil Code) shall remain unaffected.

c) If the provision of digital content or digital services (digital products) is part of a contractual agreement for consumers, the provisions of the statutory provisions according to section 327 ff BGB (German Civil Code) apply.
Deviating from aforementioned, the statutory provisions of sections 327t and 327u BGB apply to entrepreneurs.

11.2  We are not liable for a defect due to faulty handling or normal wear and tear or caused by foreign influence. In the case of manipulation without our explicitly consent to articles in internal activity or by third parties, the warranty claim shall expire to apply to us.

11.3  If the customer acts as a consumer, he / she is requested to complain to the deliverer of goods with obvious transport damage and to inform us accordingly. If the customer fails to comply with them, this shall have not any effect on the customer's statutory or contractual warranty claims.

11.4  If the customer acts as an entrepreneur, he is also requested to complain to the deliverer of goods with obvious transport damage and to inform us accordingly.

11.5  An obvious defect shall be indicated in text form for the purpose of the supplementary performance after supply of the contract object (see also number 8.4 GTC) from the customer. The customer is requested to use the enclosed return note or our online return form.

11.6  First the customer as a consumer has the choice of whether the supplementary performance is to be carried out by means of subsequent improvement or replacement delivery. We are entitled to refuse the type of supplementary performance, chosen by the customer, if it is impossible, only with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the customer. The reduction of the purchase price or the rescission of the contract by the customer is excluded during the supplementary performance. A subsequent improvement shall be deemed to have failed with the unsuccessful second attempt, if the nature of the matter or the defect or the other circumstances does not offer something else. If the supplementary performance has failed or we have refused the supplementary performance as a whole, may the customer demand at his choice a reduction of the purchase price or declare the rescission of the contract. In the case of a replacement delivery by us for the purpose of supplementary performance of a defect-free matter, we already demand the return of the complete defective matter within 30 days, we reserve the right to provide a performance equivalent in quality and price as well as to provide the promised performance in according to the availability. The defective article(s) will be returned at our expense and in according to the legal regulations.

11.7  The customer can only assert claims for damages on basis of a defect as a result of the defect, if the supplementary performance has failed or we have refused the supplementary performance. The customer's right to assert further claims for damages remains unaffected to the referred conditions and the right of cancellation for consumer by orders at a distance contract.

11.8  In the event of a defective item, delivered by us, we shall first provide supplementary performance by remedying the defect (rectifiction) or by supply a defect-free item (replacement) at own's option to an entrepreneur.

11.9  If the customer orders as a consumer, we are liable for damages in according to the legal regulations for a purpose which can not be attributed to his trade, business or profession.

11.10  If the customer orders as an entrepreneur, the following shall apply in the case of our contractual liability for damages in accordance with GTC-numerals 11.10 up to 11.13:
We are liable without prejudice to the above regulations and the following limitation of liability in according to the legal regulations for damages to life, body and health which are based on an intentional breach of duty by our legal representatives or our vicarious agents as well as for damages which are comprised by liability under the Produkthaftungsgesetz (Product Liability Act) as well as the foreseeable, typically occurring damages and for all damages, which are based on intentional or grossly negligent violation of contracts as well as fraudulent intent, and our legal representatives or our vicarious agents. If we have given a quality warranty and / or a durability warranty with regard to the goods or thereof parts, we are also liable within the scope of this warranty. For damages which are based on the absence of the guaranteed quality or durability but do not occur directly on the goods, we are only liable if the risk of such damage is clearly covered by the guarantee of quality and durability.

11.11  We are not liable for damages caused by slight negligence, as far as this negligence concerns the violation of such contractual obligations whose compliance of particular importance for the achievement of the purpose of contract (cardinal obligations). However, we are liable only to the extent that the damages are typically connected with the contract and foreseeable. We shall not be liable in the case of simple negligent violations of non-contractual subsidiary obligations. The limitations of liability contained in clause 1 - 3 shall also apply insofar as liability is affected for the legal representatives, management employees and other vicarious agents.

11.12  Any further liability is excluded without consideration for the legal nature of the claim asserted. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, wage earners, staffs, representatives, cooperation partners and vicarious agents. A reversal of evidence is not connected with the above regulations.

11.13  In addition valid for entrepreneurs that the statutory periods of limitation for the recourse claim pursuant to section 478 BGB (German Civil Code) remain unaffected.

11.14  Ordered, purchased and/or already delivered goods and with a contract conclusion within our business rooms by a consumer, a return or an exchange of goods shall be only possible within 8 calendar days, by presentation of the last issued order confirmation or delivery note or invoice, and a deduction of fifteen percent (15%) per part position. In addition, goods made in according to customer specifications or opened hygiene articles or unsealed data carriers or downloads or support services are excluded from the return or an exchange.

11.15  A return or an exchange at an entrepreneur takes place only with demonstrable wrong delivery. A replacement on a goodwill basis requires the explicit approval of the Seng Consulting Group, a presentation of the last issued order confirmation or delivery note or invoice, and a deduction of ten percent (10%) per part position.

11.16  If the customer has to bear the costs of a return, in case of non-free returns and returns per cash on delivery (COD) we will retroactively charge the customer for the return costs and the additional costs, which exceed the normal return postage. In addition, the customer is liable in the case of returns for damage to goods which the customer has not properly packed and protected against transport damage.

12. Term of contract, quitting, retirement, and recoupment

12.1  Contracts for goods orders or services are concluded with the complete delivery of the goods or the complete provision of the service. Unless otherwise agreed in contracts with a term of contract, the term of the contract will be automatically renewed for the respective first contract term / minimum term of contract as long as may be cancelled prior to a term of one month before the end of the current term by a contracting party.

12.2  All cancellations from contractual relations with us require the text form, whereby a submitting by fax or e-mail sufficed this form or can possibly be carried out via the customer account in the online shop.

12.3  We can withdraw from the contract if we become aware of a payment adjustment, an opening of the insolvency procedure or a court settlement procedure, the rejection of the insolvency proceedings due to lack of sufficient assets or other concrete evidence of deterioration in the customer's financial circumstances.

12.4  If we withdraw from the contract or if the order is not executed for reasons which the customer is responsible, the customer has to pay us for our expenditure and the lost profit a lump sum compensation in the amount of fifteen percent (15%) of the purchase price. We reserve the right to demand a detectable higher damage. The lump sum compensation shall be reduced to the extent that the customer proves the expenses or damages have not been ocurred. We can require for a lost use value, based on the time of use, from the customer.

13. Data protection

Information about data protection and using of personal data from the customer you will find anytime on our websites under "privacy policy" and under the link  https:/www.seng-consulting.de/en/information/privacy-policy.

14. Clause of Schufa

14.1  If we advance in the case of payment methods with suspensory effect, e.g. purchase on account, we reserve the right to protect our justified interests by obtaining an identity information and a creditworthiness rating from specialized service companies (subsequent "credit reporting agencies" named). We provide for this purpose the personal data of the customer required for a creditworthiness rating to the customer's SCHUFA Holding AG (Kormoranweg 5, DE-65201 Wiesbaden, www.schufa.de) responsible place of residence or place of business and by one of the sectors according to other credit reporting agencies. The Seng Consulting Group is entitled to transmit the customer's data to the credit reporting agencies by non-contractual processing (e.g. a requested court order, an indisputable claim, an enforcement order or enforcement measures). To the extent that during the contractual relationship such data are obtained from other contractual relationships with the SCHUFA or other credit reporting agencies, the Seng Consulting Group may also receive information from this. The respective data transmission and data storage occurred only that this is necessary to safeguard the legitimate interests of the Seng Consulting Group or one of our cooperation partners and service companies or another relevant credit reporting agencies or the general public and thereby unharmed the protectet interests of the customer.

15. Export and customs authorization

The consent of the Federal Office for Economic Affairs and Export Control in Eschborn / Taunus (export licence) and / or other official authorizations, declarations or licenses may be obtained from the customer in his own name and at his own expense. The refusal of such approval does not entitle the customer to withdraw from the contract.
The customer needed customs documents which additional costs arise for the dispatch to the countries outside of the European Union with values of goods more than EUR 1,000.

16. Complaints procedure

Alternative Dispute Resolution in according to Article 14, para. 1 ODR-VO and Section 36 VSBG:
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/. We are neither obligated nor willing to participate in dispute settlement proceedings before a dispute resolution body.
Our email address:   maiI[at]seng-consulting.de

17. Customer service

17.1  Customers will contact our customer service for questions, complaints and objections
•  per phone under:  +49 (0) 6401 22 22 880
•  per email under:  maiI[at]seng-consulting.de
•  and per contact form on our websites.

17.2  If the customer is not a contract partner from us and need support from us,
the customer reached our SUPPORT
•  per phone under:  0 90 01 Z3 INFO
   (EUR 1.49 /min. from German fixed phone network, mobile many different)
•  per email under:  support[at]seng-consulting.de  
•  as well as on our websites with the URL-ending  /support or per support ticket.

Our General Terms and Conditions apply.

18. Final provisions, applicable law

18.1  The applicable law is the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and and any other intergovernmental agreements. This choice of law applies to a consumer only insofar as no restricted compulsory statutory provisions of the state in which the consumer is domiciled or habitually reside.

18.2  The contract language is German. For consumer from the Great Britain as well as alternatively the English language is available for a contract conclusion in our online shop. In case of doubt applies the German text of contract, for consumer from the Great Britain applies the English text of contract.

18.3  The customer will available for inspection these general terms and conditions during our business hours in the business premises of the  SENG CONSULTING GROUP (see GTC-numeral 2.1) and will available depending on the type of contract conclution. Further can these general terms and conditions as well as other contracting regulations under GTC-number 1. named be viewed and printed out on our websites.

18.4  All representations and texts, the associated logos, trademarks, icons, brands and page headers, the under GTC-numerals 1. and 2. named contracting regulations of the SENG CONSULTING GROUP as well as our displayed websites including the above general terms and conditions are protected by copyright and the intellectual property of the  SENG CONSULTING GROUP or the listed companys under "Legal Notices". Any use beyond the intended use within the scope of a contract implementation with us, the duplication in particular, also not partial, as well as the representation in external frames is interdicted without a explicit prior consent of the  SENG CONSULTING GROUP or the respective right owner.