General Terms and Conditions
1. Conclusion of a contract
a) The offers on this site shall not be binding for us as the Seller. They constitute an invitation to you to submit a binding offer in the form of a purchase order. After you have submitted your purchase order, you shall receive a confirmation of the receipt of your order data, including our statutory information obligations from us by e-mail. This confirmation shall not constitute an order confirmation. A sales contract shall only come into effect if we confirm your purchase order within 3 working days of receipt by sending the goods to you or by sending you an express order confirmation.
b) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
c) An entrepreneur is a natural or legal person or a partnership with legal personality (a partnership with legal personality is a partnership that has the capacity to acquire rights and to incur liabilities) who or which, when entering into a legal transaction, acts in exercise of their trade, business or profession.
2. Delivery restrictions
There shall be no delivery restrictions.
3. Terms of delivery and payment / methods of payment
Our terms of delivery of payment, to which our customer agrees by placing the order, shall apply exclusively, including for future transactions, even if they are not expressly referred to but have been sent to the Buyer in connection with an order confirmed by us. If the order is placed with conditions attached that deviate from our terms of delivery and payment, our terms of delivery and payment shall still apply exclusively, even if we do not raise any objection. Therefore, deviations shall only apply if we have expressly acknowledged them in writing. We shall be entitled to assign the claims arising from our Terms and Conditions. If the Buyer is in arrears with any payment obligations, all existing receivables shall become due immediately.
4. Reservation of title
a) For consumers:
The delivered goods shall remain our property until the purchase price has been paid in full. In the event of payment by check or bill of exchange or by bank transfer, the purchase price shall be deemed to be paid when it is irrevocably credited to our account.
b) For entrepreneurs:
The delivered goods shall remain our property until the purchase price has been paid in full. In the event of payment by check or bill of exchange or by bank transfer, the purchase price shall be deemed to be paid when it is irrevocably credited to our account.
The reservation of title shall also apply to receivables from the Buyer that arise from the ongoing business relations. If the value of the aforementioned reservation of title exceeds the receivable(s) to be secured for us by more than 10 %, we shall release the surplus securities upon request.
If our goods are resold in the ordinary course of business, receivables arising as a result of the resale of the goods are hereby assigned to us as a security for the payment of the purchase price, unless the purchase price has been paid in full when the goods are resold. In this case, the Buyer shall be entitled to collect the receivables. We hereby accept this assignment. The receivables may not be assigned to a third party for the purpose of collection. If the goods purchased by us are processed, we shall be regarded as the manufacturer of these new goods, unless the purchase price has already been paid in full when the goods are processed.
Any treatment or processing of the reserved goods by the Buyer shall be carried out for the Seller, without the latter incurring any obligations as a result of this. If the reserved goods are processed, combined, mixed or blended with other goods that do not belong to the Seller, the Seller shall be entitled to joint ownership of the new item according to the ratio of the value of the reserved goods to that of the other processed goods at the time at which they were processed, combined, mixed or blended. If the Buyer acquires sole ownership of the new item, the Parties agree that the Buyer shall grant the Seller joint ownership of the new item in proportion to the value of the reserved goods that have been processed, combined, mixed or blended and shall store it free of charge for the Seller.
c) Extended reservation
Extended reservation of title in the event of a resale with a clause on the assignment of all future claims - The Buyer shall only be entitled to resell the reserved goods in the ordinary course of business if it hereby assigns to the Seller all its receivables from customers or third parties that arise as a result of the resale. If reserved goods are sold without having been processed or after being processed or combined with items that are owned solely by the Buyer, the Buyer hereby assigns the receivables arising from the resale to the Seller in full. If reserved goods are sold by the Buyer – after being processed/combined – together with goods that do not belong to the Seller, the Buyer hereby assigns the receivables arising from the resale to the amount of the value of the reserved goods, with all the ancillary rights and with priority over the remainder of the receivables. The Seller accepts the assignment. The Buyer shall be authorised to collect these receivables even after the assignment. The Seller’s right to collect the receivables itself shall remain unaffected by this. However, the Seller undertakes not to collect the receivables as long as the Buyer duly complies with its payment and other obligations. The Seller can require the Buyer to disclose the assigned receivables and the corresponding debtors to it, provide all the information that is necessary for collecting them, hand over the associated documents and inform the debtors of the assignment.
5. Prices
All the prices quoted shall include the statutory German value added tax (VAT) and shall not include shipping costs. In the event of deliveries to states in the European Union (EU), consumers shall not incur any additional VAT. In the event of deliveries to states outside the EU, import VAT, import duty and other import levies shall be incurred. These must always be borne by the Buyer. - If you select “cash on delivery” as the method of payment, a card fee and a transfer fee shall be levied by the carrier.
6. Liability for defects
a) For consumers:
We shall accept liability for defects in new goods purchased from us during the statutory period. In the case of used goods, the liability for defects shall be restricted to 1 year from the handover of the goods. Further-reaching claims on the part of the Buyer, especially on account of guarantees relating to the quality of the product or on account of the fraudulent concealment of the defect, as well as claims for compensation and claims in the event of a loss of life, physical injury or damage to health and claims in the event of gross culpability, shall remain unaffected.
b) For entrepreneurs:
We shall accept liability for defects in new goods purchased from us during the statutory period. In the case of used goods, we shall not be liable for defects. Further-reaching claims on the part of the Buyer, especially on account of guarantees relating to the quality of the product or on account of the fraudulent concealment of the defect, as well as claims for compensation and claims in the event of a loss of life, physical injury or damage to health and claims in the event of gross culpability, shall remain unaffected. The Buyer must examine the goods immediately after their delivery by the carrier engaged by us, and within 8 working days at the latest, provided that this is feasible in the ordinary course of business, and must inform us immediately if a defect is found. If the Buyer fails to report the defect, the goods shall be deemed to be accepted, unless it is a defect that could not be detected during the examination. If such a defect is found later, it must be reported immediately after discovery; otherwise, the goods shall be deemed to be accepted even in consideration of this defect. The punctual dispatch of the report shall be sufficient to protect the Buyer’s rights. The above provisions shall not apply if we have fraudulently concealed the defect. Visible or obvious transport damages must be reported to the carrier immediately. Returns of any kind whatsoever must take place free of charge.
c) If a manufacturer’s warranty is granted for individual products, this manufacturer’s warranty shall not restrict the claims for defects.
d) An after-sales service is not available.
7. Transfer of risk
a) For consumers:
The risk of accidental loss and accidental deterioration of the goods shall only be transferred to the Buyer when the goods are handed over to the latter.
b) For entrepreneurs:
The risk of accidental loss and accidental deterioration of the goods shall be transferred to the Buyer as soon as we have handed the goods over to the forwarding company, haulier or other person or institution appointed to carry out the delivery.
8. Data protection
The protection of your data is particularly important to us. Personal data shall only be stored if you give us your consent and expressly share this data with us. The data that is required for handling the transaction shall be stored and, if applicable, passed on to affiliated companies, e.g. logistics partners, in the course of the order processing. Only the absolute minimum data shall be passed on. Your data shall not be passed on to other third parties. All the personal data shall, of course, be treated as strictly confidential and handled in accordance with the regulations of the German Federal Data Protection Act. You cannot view the data that we have stored about you. However, you have the right to obtain information about your personal data that is stored here at any time and free of charge. You shall also have the right to revoke your consent to the storage of personal data at any time. – By concluding the contract, you are agreeing to the collection, processing and use of your personal data.
9. Waste oil
Waste oil is oil that is generated as waste and that consists entirely or partly of mineral, synthetic or biogenic oil. Waste oil does not belong in the sewage system. Waste oil should not be mixed with other waste. You can hand in waste oil at your local waste oil collection point. You can also hand in or send waste oil to us or up to the quantity of oil purchased from us. Our address:
Sevic System SE
Dückerweg 21
44867 Bochum
10. Notice in accordance with the German Battery Act
Return/reimbursement of the deposit
Sevic System SE and all other distributors of starter batteries are legally required, in accordance with the German Battery Act, to collect a deposit of EUR 7.50 from the end consumer who purchases a starter battery. Therefore, a deposit shall be added to our battery prices.
By virtue of the German Hazardous Goods Regulation, the used battery may not be sent back!
Upon presentation of the invoice, you can return the old battery at our branch in Dückerweg 21, 44867 Bochum and have the deposit returned to you.
You can also hand in used batteries free of charge at your local disposal point. A crossed-out waste bin on the battery or its packaging means that this battery contains harmful substances.
In the case of batteries that contain more than 0.0005 % by mass of mercury, more than 0.002 % by mass of cadmium or more than 0.004 % by mass of lead, the chemical symbol of the harmful substance used can be found under the waste bin symbol - “Cd” stands for Cadmium, “Pb” for lead and “Hg” for mercury.
This symbol indicates that batteries must not be put in the general household waste.
Our address:
Sevic System SE
Dückerweg 21
44867 Bochum
11. Liability
The contents of this site were created by us with great care. However, we are often unable to foresee production-related variations in the technical information. If certain information is particularly important for you, please check this before any installation. For consumers: The failure to observe this instruction shall have no effect on your claims for defects.
We reserve the right to variations in the colour and the design, provided that these are not essential characteristics for the product.
We shall have unlimited liability in the event of wilful intent and gross negligence. We shall only be liable for simple and slight negligence if essential contractual obligations have been infringed. Essential contractual obligations shall be those obligations which make the proper execution of the contract possible in the first place when they are fulfilled and upon the observance of which the other party may regularly rely. In a sales contract, these shall be the handover of an item free from material defects and defects of title and the transfer of ownership thereof.
In this respect, the liability shall be limited to the average damage that was typically foreseeable at the time of the conclusion of the contract. Any further liability shall be excluded. This limitation of liability shall also apply to our vicarious agents.
The aforementioned limitation of liability (both for us and for our vicarious agents) shall not apply to product liability claims or to claims arising from warranty promises whose object is to safeguard the customer against the damages sustained, or to damages that arise from a loss of life, physical injury and/or damage to health.
This site may contain links to other websites. When the links are set up, we shall check the lawfulness of the links and the contents of the corresponding websites. Please note that we are not responsible for the appearance and contents of these websites. We expressly distance ourselves from all the contents of the linked websites, as we have no influence on their contents. The operators of the linked websites shall be exclusively responsible for these websites and their contents.
Furthermore, the following shall apply only to entrepreneurs:
Items that are combined (installed) with another item must be adapted before the installation and checked for an accurate fit. We shall accept no liability for consequential damages that arise as a result of a failure to observe this provision. Furthermore, you must inform yourself about any conditions and restrictions before concluding the sales contract, and you must observe these. We shall be liable for no costs/damages that arise as a result of the failure to observe these conditions and restrictions.
12. Further information
After you have submitted your purchase order, you shall receive a confirmation of the receipt of your order data, including our statutory information obligations from us by e-mail. This confirmation shall not constitute an order confirmation. A sales contract shall only come into effect if we confirm your purchase order within 3 working days of receipt by sending the goods to you or by sending you an express order confirmation.
The text of the contract shall be stored by us. The text of the contract that has been stored by us shall be communicated to you in the confirmation of the receipt of your order data. You can print out or save this text. You shall have no access to this data.
You can identify input errors by checking the shopping cart and either amend them there or use the “BACK” function to amend them on the previous page.
German shall be the only language available for the conclusion of the contract.
We shall not be subject to a code of conduct.
The EU Commission has made a platform available for the purpose of online dispute resolution (ODR). You can reach this online platform at: https://ec.europa.eu/consumers/odr/
We shall not participate in the "Alternative Dispute Resolution" (ADR) procedure via the online dispute resolution portal (ODR).
13. Copyright
All the contents of this online shop, whether in the form of images, texts (including the present General Terms and Conditions) or tables, shall be protected by copyright. It is expressly prohibited to use the contents of this online shop, in their entirety or in part, in any way without our express consent.
14. Final provisions
As far as permissible, the law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this shall only apply to the extent to which your rights in the country in which you habitually reside are not restricted or withdrawn as a result of this. If the Buyer is a merchant in terms of the German Commercial Code (HGB), a legal person under public law or a special fund under public law or if it has no general place of jurisdiction in Germany, our registered place of business shall be regarded as the place of jurisdiction for all disputes arising from the present contractual relationship and Mainz shall be the place of jurisdiction for assigned claims.
If one or more of the provisions of the present General Terms and Conditions is or becomes invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the statutory regulation.