Terms and Conditions
GENERAL TERMS AND CONDITIONS
1. Provider identification and scope
1.1 Secufy GmbH ("Secufy")
55122 Mainz, Germany
ID number in accordance with Section 27a of the Value Added Tax Act: DE 8158 15889
District Court Mainz, HRB 48488, represented by the managing director: Holger Mannweiler.
1.2 The following General Terms and Conditions (hereinafter referred to as “GTC”) apply exclusively to all contracts concluded between Secufy and the customer (hereinafter referred to as “Customer”) for the delivery of items ordered via the Secufy online shop (hereinafter referred to as “Online Shop”). The version of the GTC valid at the time of ordering shall be decisive. Any deviating terms and conditions of the Customer shall not be recognized, unless Secufy explicitly agrees to their application in writing.
1.3 All offers at are aimed exclusively at Customers who are consumers. A Customer is a consumer insofar that the purpose of the ordered goods and services cannot be predominantly attributed to their commercial or independent professional activity (Section 13 of the German Civil Code BGB). An entrepreneur, on the other hand, is any natural or legal person or partnership with legal capacity exercising their commercial or independent professional interests by concluding the contract.
2. Conclusion of contract
2.1 The Customer can select products from the Secufy range of products and add them to a so-called shopping cart by clicking the “Add to cart” button. By clicking the “Buy now” button, the Customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the Customer may modify and access the data at any time.
2.2 The contract shall be formed upon Secufy issuing a declaration of acceptance, which will be sent by separate e-mail (“Order confirmation”), or by delivering goods. Secufy shall send the Customer the contract text (consisting of the order and GTC) on a durable medium (e-mail or paper copy) in the order confirmation or in a separate e-mail, or at the latest at the time of delivering the goods. The contract text shall be stored with due regard to data protection. It is not mandatory to sign up for a user account to make an order.
2.3 The Customer’s use of approved instant payment methods does not yet constitute the conclusion of the purchase contract despite paying the purchase price. Secufy’s acceptance of the offer is issued by sending an order confirmation via e-mail or by delivering the goods.
2.4 The conclusion of the contract shall take place in German or English.
3. Delivery, product availability
3.1 Delivery occurs no later than seven (7) workdays (Monday to Friday, excluding holidays) after payment is received. For payments made by bank transfer (using online banking), it typically takes one to two (12) workdays for payment to be received.
3.2 Should the Customer’s choice of product not be available at the time of placing the order, Secufy shall immediately notify the Customer of this situation by sending the Customer an e-mail. If the product is permanently unavailable, Secufy shall not issue a declaration of acceptance. A contract shall not be concluded in such case.
3.3 If the product specified in the Customer’s order is only temporarily unavailable, Secufy shall also immediately notify the Customer of this situation by e-mail. If delivery of the item is delayed by more than two (2) weeks, the Customer is entitled to cancel the contract. In this case, Secufy shall immediately refund any payments already made by the Customer. The Customer’s statutory right of cancelation (see. Section 9 of these GTC) shall not be affected by this. Furthermore, Secufy shall also have the right to rescind the contract in this case. In this case too, Secufy shall immediately refund any payments already made by the Customer.
4. Retention of title
The delivered goods shall remain the property of Secufy until full payment is made.
5. Prices and shipping costs
5.1 All prices specified on the Online Shop shall be deemed to include the respective applicable statutory value added tax.
5.2 The total price shown in the offer including 19% VAT and shipping costs does not include any customs duties, taxes and fees (hereinafter referred to as “Duties”). Before purchasing the goods, it is the Customer’s responsibility to find out if any Duties apply to the purchased goods, for example, by contacting the customs authorities where they reside. Shipping companies or freight operators usually collect Duties upon delivery or collection of the goods. Secufy is not obliged to find out if any Duties apply to the sale of goods or to collect, pay or specify such taxes.
5.3 The Customer shall be informed of the respective shipping costs at the latest during the order process. The Customer shall bear the costs of shipping, as far as they do not exercise their right of cancelation.
5.4 Goods shall be shipped via mail. Secufy shall bear the risk of shipping when the Customer is a consumer.
6. Payment terms
6.1 The Customer can pay in advance via a bank transfer to our bank account or via PayPal, paydirekt or credit card. Payment on receipt of invoice is not possible.
6.1.1 When the payment method advance payment via bank transfer is selected, Secufy shall inform the Customer of its bank account details in the order confirmation and deliver the goods after receiving payment. If payment is made by credit card, Secufy shall charge the Customer’s account in accordance with the conditions specified in Section 3 after the order has been placed.
6.1.2 If the Customer would like to pay the invoice amount via a payment service provider such as PayPal or paydirekt, the Customer must be registered or register there if necessary, verify their identity with their access data and confirm the payment order to Secufy. The Customer shall be provided with additional information during the ordering process.
6.2 The Customer can change the payment method saved in their user account at any time.
7. Material defect warranty, guarantee
7.1 Secufy is liable for material defects in accordance with the relevant statutory provisions, in particular Sections 434 et seq. BGB.
7.2 An additional guarantee for the goods delivered by Secufy only exists if this was explicitly stated in the order confirmation for the respective item.
8.1 Any claims of the Customer for damage compensation shall be excluded. This shall not include any claims for damage compensation on the part of the Customer as a result of injury to life, body or health or on account of the violation of any essential contractual obligations (cardinal duties), as well as liability for any other damage caused by an intentional or grossly negligent breach of duty by Secufy, its legal representatives or vicarious agents. Essential contractual obligations shall be any such obligations whose fulfillment is essential for the fulfillment of the contract.
8.2 In the event of a breach of essential contractual obligations, Secufy shall only be liable for the foreseeable damage typical of the contract if such damage was caused by simple negligence, unless the Customer’s claims for damage arise from injury to life, body or health.
8.3 The restrictions of Sections 8.1 and 8.2 shall also apply in favor of the legal representatives and vicarious agents of Secufy if claims are asserted directly against them.
8.4 Statutory legal liability, for example based on the Product Liability Act, remains unaffected.
9. Information on the right of cancelation; standard cancelation form
9.1 When concluding a remote business transaction, consumers generally have a statutory right of cancelation, about which Secufy informs its Customers in the following in line with the legal template (standard cancelation form) provided below. The exceptions to the right of cancelation are stipulated in Section 9.2. A standard cancelation form can be found in Section 9.3.
Right of cancellation
You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date on which you or a third party nominated by you, who is not a carrier, have/has taken possession of the goods. To exercise your right of cancellation, you must contact us by means of a clear statement (e.g. a letter sent in the mail or an e-mail) of your decision to cancel this contract.
55122 Mainz, Germany
You can use the attached standard cancellation form for this purpose. This, however, is not mandatory. In order to comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of cancellation
If you cancel this contract, we will refund to you all payments we have received from you, including delivery charges (other than additional charges arising from you selecting a form of delivery other than the standard, low-cost delivery method offered by us), immediately and no later than fourteen days from the date we receive notification of your cancellation of this contract. Such refund will be made using the same means of payment that you used in the original transaction, unless explicitly agreed otherwise with you; in no event shall you be charged for such refund.
We may withhold the refund until we have received the goods back or until you have supplied evidence of having dispatched the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case at the latest within fourteen days of the day on which you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for inspecting their condition, properties and functionality.
9.2 To the extent that the parties have not agreed anything to the contrary, the right of cancellation does not apply, inter alia, to the following:
Contracts for the supply of goods which are not prefabricated or for whose production the consumer’s individual selection or designation is required, or which have clearly been tailored to the consumer’s personal needs;
Contracts for the delivery of sealed goods which are not suitable for return due to reasons of health or hygiene if their seal has been removed after delivery;
9.3 In accordance with statutory requirements, the provider hereby informs its Customers of the standard cancellation form and provides the following template:
Standard Cancellation form
(If you want to cancel the contract, please fill out this form and return it to us.)
To: Secufy GmbH
55122 Mainz, Germany
I/we () hereby cancel the contract concluded by me/us () for the purchase of the following good(s) ()/the provision of the following service ()
Ordered on ()
Received on ()
Name of the Consumer(s)
Address of the Consumer(s)
Signature of the Consumer(s) (only in case of a paper notification)
(*) Delete as appropriate
10. Customer Service
The Customer can reach Secufy Customer Service on weekdays between the hours of 9:00 a.m. and 5:00 p.m. by sending an e-mail to: email@example.com
In the event of a valid cancellation or defective goods, you can return the goods to Secufy at no charge. We will gladly provide you with a return label to return your shipment free of charge. In this case, please contact our Service team at: firstname.lastname@example.org
You can attach the return label to the package containing the item to be returned and then drop it off at your post office. As soon as we have received the return, you will be issued a credit or sent a replacement (according to your choice) if the product is defective or you have effectively canceled the contract.
12. Applicable law; place of jurisdiction
12.1 The law of the Federal Republic of Germany shall apply to contracts between Secufy and the Customer with the exclusion of the UN Convention on Contracts for the International Sale of Goods, but only insofar as the Customer is not deprived of the protection afforded to them by mandatory provisions of the state in which they have their habitual residence.
12.2 If the Customer has no general place of jurisdiction in Germany or in another EU member state, or if the Customer’s place of residence or habitual residence is not known at the time the complaint is filed, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of Secufy in Mainz, Federal Republic of Germany.
13. EU dispute settlement
The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a point of entry for the out-of-court settlement of disputes regarding contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. Secufy is neither willing nor obliged to participate in dispute settlement proceedings before consumer complaints authorities.