Terms of service
Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (SELLERA) via the website www.skeame.de Unless otherwise agreed, any terms and conditions used by you are hereby contradicted.
(2) Consumers within the meaning of the following provisions are any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. Entrepreneurs are any natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) Already with the placement of the respective product on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" at any time using the corresponding button in the navigation bar and make changes there. After clicking the "Checkout" or "Proceed to Order" (or similar) button and entering personal data as well as payment and shipping conditions, the order data will be displayed as an order overview.
If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If redirected to the respective instant payment system, you will make the appropriate selection or enter your data. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after being redirected back to our online shop.
Before submitting the order, you have the opportunity to check the information in the order overview again, change it (also using the "back" function of the internet browser), or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay," "buy" / "buy now," "order with obligation to pay," "pay" / "pay now" or similar), you legally accept the offer, thereby concluding the contract.
(4) The processing of the order and the transmission of all necessary information in connection with the conclusion of the contract is carried out by email, partly automated. Therefore, you must ensure that the email address provided by you is correct, that the receipt of emails is technically ensured, and, in particular, is not prevented by SPAM filters.
§ 3 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following applies additionally: a) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Before the transfer of ownership of the reserved goods, a pledge or transfer by way of security is not permitted. b) You are allowed to resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount that accrue to you from the resale, we accept the assignment. You are further authorized to collect the claim. However, we reserve the right to collect the claim ourselves if you do not properly meet your payment obligations. c) In the case of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing. d) We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
§ 4 Warranty
(1) The statutory warranty rights exist.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to inform us and the carrier promptly of any complaints. Failure to do so will not affect your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed about it before submitting the contractual declaration by us and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following applies instead of the above warranty regulations: a) Only our own information and the product description of the manufacturer are deemed to be an agreement on the nature of the goods; however, we assume no liability for public statements made by the manufacturer, other advertising, and statements. b) In the event of defects, we provide warranty either by rectification or replacement at our discretion. If the rectification fails, you can request a reduction in price or withdraw from the contract at your discretion. The rectification is considered to have failed after the second unsuccessful attempt, unless something else results from the nature of the item or the defect or other circumstances. c) The warranty period is one year from the delivery of the goods. The shortening of the period does not apply:
- for damages attributable to us resulting from injury to life, body, or health and for intentional or grossly negligent other damages;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items that have been used in accordance with their usual use for a building and have caused its defectiveness;
- for legal recourse claims that you have in connection with defect rights against us.
§ 5 Choice of Law
(1) German law applies. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state of the habitual residence of the consumer is not withdrawn (favorability principle).
(2) The provisions of the UN Sales Convention explicitly do not apply.
II. Customer Information
- SELLERA Identity
SELLERA
Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
We are not willing or obligated to participate in dispute resolution proceedings before consumer arbitration boards.
- Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself, and the correction options are made in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
- Contract Language, Contract Text Storage
3.1. The contract language is English.
3.2. We do not store the complete contract text. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's