Your wholesale partner for gifts, candles & christmas


General terms and conditions

1. General application

a) The following terms and conditions are to settle the contractual relationship between the commercial acting

Seyko Handelskontor
Inh. Max Mueller
An der Reichelbleiche 1
09224 Chemnitz / OT Gruena

called „Seyko“ hereafter
and its customers.

b) Contractual language is German language. In case of translated or dual language contracts the German wording is mandatory, especially in case of discrepancies in wording of the contractual text.
c) These general terms and conditions apply to all contracts, deliveries and services and other trade activities between Seyko and customers.

2. Contractual parties

a) Seyko solely accepts entrepreneurs or legal entities as its customers. Private individuals and end users are excluded.
b) Customers are required to keep personal login details, such as customer number and password, confidential. This personal information is not to be shared with any third party.

3. Conclusion of contract

a) Advertising or goods and services online pose a non-binding offer for customers’ submission of tender.
b) Seyko is allowed to accept the contractual offer within 10 working days (German public holidays may prolong this period) by sending a written order confirmation or by sending the required goods/services to the customer.
c) Figures, sizes, quality descriptions, weights and colours of the goods offered are common approximate values. Digital pictures given with our online offers are exemplary and may deviate, especially for the categories given above. Customary deviations as well as changes, while reasonable, are to be accepted by the customer and are no reason for claims as long as they are not conflicting with customers’ interests.
d) Conclusions of contract are made with reservation of (partial) resignation in case of partial or false delivery by Seykos’ suppliers. This only applies, if Seyko is not responsible for breakdown of delivery and if Seyko made a cover transaction with its suppliers. In case of (partial) unavailability the customer will be informed immediately and possibly already rendered counter-performance will be refunded promptly.
e) The minimum order volume is 200.00 € net (incl. discounts / other reductions).

4. Prices, Terms of payment and delivery

a) All given prices for goods and services are net. Additional statutory VAT will be displayed and charged additionally on the invoice. Customer specific temporary or unlimited rebates or cash discounts are not displayed and will be granted separately with acceptance of contract.
b) All prices are quoted “EXW (ex works)” Seyko (according Incoterms 2010). Possible additional expenses for packaging, cargo or insurance will be identified and charged separately. Deviating incoterms are to be accepted in written form by Seyko to be applicable.
c) Discounts for individual items/services, ranges of products and special-offers are temporary and only applicable at the moment of submission of tender. They do not pose a price guarantee for future contracts.
d) If not requested otherwise by the customer, Seyko will choose reasonable packaging and shipping method, taking into account protection of goods first and cost factor second. Shipping insurance will only be made if the customer is requesting it. In this case nature and level of insurance is to be specified by the customer and thereby is required information for the conclusion contract according chapter 6 b) of these terms and conditions.
e) Transfer of risk is agreed with consigning the shipment to the forwarding agent or by notifying the customer of the readiness for dispatch.
f) Seyko reserves the right to charge additional shipping costs (e.g. Island charge, express delivery fee).
Shipping inside Germany: For an order value from 500.00 € Seyko is paying the costs of packaging and shipment. For all other orders a fixed sum of 15.00 € will be charged to cover shipping costs.
Shipping outside of Germany: For an order value from 1500.00 € Seyko is paying the costs of packaging and shipment. For all other orders costs of packaging and shipment are charged as they appear.
g) Payments to Seyko are to be made generally via bank transfer or cash deposit to the bank account given on the invoice. All payment has to be made in EURO. Other methods of payment or payments made in other currencies do not have any redemptive effect and will not be accepted.
h) Payments to our customers will be offset with open liabilities, first to the oldest one. Are there already dunning expenses and interests from liabilities, payment will be offset with them first regardless of due-dates of the underlying liabilities, first regarding expenses, second compensating interests, with primary debt being the last.
i) A customer getting into default of (partial) payment will enable Seyko to declare due the complete amount of outstanding debts, as well as suspending all shipments until payment is received or ask for security deposits which cover the complete debts. In this case the customer is not allowed to ask the return of deposits (partially).
Seyko is allowed to cancel all open orders in case a customer gets into default of (partial) payment and is not willing or able to make the requested safety deposit.

5. Delivery date, delivery period and partial delivery

a) Delivery dates need to be confirmed by Seyko in written form, to become valid.
b) To start a delivery period, it is necessary that all information needed is given to Seyko by the customer, including but not limited to documents, items, digital information and other services. The delivery date is met, when the goods are given to the freight forwarder or the shipment readiness is announced to the customer.
c) In case of force majeure, regulatory requirements, labour disputes or other factors, which may not be influenced by Seyko, the delivery period is prolonged reasonably.
d) Availability as indicated by Seyko, especially not-currently-on-stock items, are best guesses regarding Seyko experience. They do not pose a guaranteed delivery date and are only to ease customers procurement planning.
e) Seyko is allowed to do partial delivery, which is to be announced in advance in text form. Is shipment made with more than two deliveries, Seyko will pay the shipment fees after the second partial delivery.
f) Is responsibility for delay of delivery at Seyko, the customer is allowed – after a grace period of 4 weeks – to cancel all orders overdue, which are not already announced ready to ship. Further customer demands, like claims for damage due to non-delivery, non-performance and consequential damage, is excluded explicitly, if not committed intently or grossly negligent. Is the transaction a commercial one, as described in German law §343 BGB, Seyko bears liability for intently or grossly negligent behaviour, limited to typical foreseeable loss in this case.

6. Payment conditions

a) Seyko enables customers to choose from the following range of payment conditions:
- Payment in advance, net (Pro forma invoice) all new customers, customers located outside of Germany
- Payment in advance, 3% cash discount (Pro forma invoice)
- SEPA Direct Debit mandate, immediately with 3% cash discount
- SEPA Direct Debit mandate, net after 30 days

7. Billing

a) According German law § 14 UStG invoices may be transmitted electronically by Seyko, if agreed with the customer
b) In case of an invoice should be transmitted electronically, it is done via e-mail with the invoice attached (PDF data format).

8. Reservation of proprietary rights

a) Goods and/or services delivered are property of Seyko until all debts of the business relationship are completely paid by the customer. This is also valid for goods, which are paid with concrete contractual reference. For ongoing contracts these proprietary rights cover the outstanding balance.
b) The customer is allowed to further sell the reserved goods within its ordinary course of business, as long as the customer is not in default of payment. In case of default of payment the customer is liable for reserving the right of property itself until complete payment of the goods by its customer.
The customer is obligated to allow Seyko access to customer premises to allow Seyko appropriation of its goods.
c) The customer relinquishes all claims referring to sales of proprietary goods to Seyko including all subsidiary rights to secure all titles. The customer is allowed to collect all receivables. In case of default of payment, insolvency or other judicial or extrajudicial settlement proceedings, Seyko is allowed to revoke this allowance and to get a complete list of receivables, get all necessary information to collect these debts itself and the customer is obliged to inform all debtor about the subrogation. Should a buyer insist to prevent subrogation, Seyko is to be informed in written form before the transaction. If there is no other reasonable security within customer property, Seyko is allowed to prohibit the transaction with this buyer.
d) The customer is obliged to inform Seyko upon request concerning inventory of the proprietary goods and outstanding receivables. In case of third-party-access to proprietary goods or outstanding receivables, Seyko is to be informed immediately in written form and the customer is obliged to support Seyko asserting its rights. The customer must therefore use all necessary legal remedies possible.
e) In case safety guarantee is more than 20% of the outstanding receivables, Seyko is obliged to release the exceeding amount on customer request.
f) Seyko or contractual third parties are entitled to examine/check proprietary goods at customer location, after announcing the visit and are further entitled to ask for improvement of labelling/security/storage of these goods, as they see fit. The customer is obliged to fulfil such demands.

9. Warranty, obligation to notify, return shipments

a) The customer is performing an incoming inspection upon receipt of delivered good, as it is possible after ordinary course of business.
b) In case of defect of the delivered goods, Seyko is to be informed immediately in written form.
c) Negligible defects, defects caused by improper handling as well as age-related changes and deviation according chapter 3. c) of this terms and conditions are no valid reason to claim for warranty.
d) Claim for warranty referring to obvious damage is only valid, if reported to Seyko within 2 weeks after receipt of delivery, naming the articles and describing the defect in detail. German law §§377 and 378 HGB concerning obligation of examination and reprimand duty is unaffected by this. For period keeping the receipt at Seyko is mandatory. Claim receipts by intermediaries of Seyko are insufficient. Goods not claimed within the given period are considered as accepted.
e) In case of justified claim, Seyko is obliged to rectify, replace or credit the goods affected as Seyko see fit. If Seyko does not respond after a reasonable grace period or if rectifying or replacing goods is not possible, the customer is entitled to ask for annulment of the contract or cost reduction of the purchasing price.
All further demands by the customer are excluded, including all damages which will not appear, if Seyko does not act grossly negligent or intently wrong. In case the transaction is commercial transaction, the reservations of chapter 6. f) of this terms and conditions concerning liability are applicable as well.
f) Concerning claims each (partial) delivery is valid as an independent commercial transaction. Claims to (partial) deliveries do not legally affect other (partial) deliveries.
g) Return deliveries are to be made packaging and carriage paid. Seyko is not obliged to accept shipments with carriage not paid. In case of a legal claim Seyko will refund the cost of carriage to the customer after clarifying the issue, provided the customer to verify the amount paid.
h) In case the return shipment to Seyko is made by the customer before or without agreement, the customer is obliged to pay the costs of the return shipment and also a transfer of risk is not taking place. In this case Seyko is obliged to bill the customer for storing and securing the goods for the period of clarifying the issue, not considering the result of this clarification.

10. Image rights for products

a) The customer is explicitly obliged to use images for advertising purposes. Therefore Seyko will provide the photographic material upon request, as it is available.
b) Pictures, provided by Seyko, may be altered by the customer relating to creative elements, such as background and size, but not relating to product characteristics such as colour, dimensions, form and others.
c) Seyko assign the rights of the photographic material free of charge, not-transferable, territorial limited to the customer as long as the business relationship lasts, reserving the right to withdraw the right at any time without justification, limited to the purpose of advertising.
This includes digital media as well as print media. Further transfer of this right is not allowed without written consent by Seyko.

11. Court of jurisdiction, applicable law, severability clause

a) All contracts, including this general terms and conditions, are subject to German law. The provisions of the United Nations Convention on Contracts for the International Sale of Goods dated 11 April 1980 (CISG, UN Sales Convention) shall be excluded.
b) Court of jurisdiction for all legal disputes is our headquarters. Seyko reserves the right file case at any other court.
c) In case any provision of this general terms and conditions is invalid or countered by common law, all other provisions remain unaffected and valid.

Issue: February 2018 · SEYKO Handelskontor · Max Mueller · An der Reichelbleiche 1 · 09224 Chemnitz

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SEYKO Handelskontor
An der Reichelbleiche 1
09224 Chemnitz
Phone: (+49) 0371 / 30 10 44
Fax: (+49) 0371 / 30 10 42
info@seyko-kerzen.de
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