I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Serotalin GmbH) via the website www.serotalin.de. Unless otherwise agreed, the inclusion of any terms and conditions used by you is contradicted.
(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) Subject of the contract is the sale of goods .
(2) By placing the respective product on our website, we submit a binding offer to conclude a contract under the conditions stated 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 call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After calling up the "Checkout" page and entering the personal data as well as the payment and shipping conditions, all order data are finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop to the order overview page.
Before sending the order you have the possibility to check all details again, to change them (also via the function "back" of the internet browser) or to cancel the purchase.
By sending the order via the button "order with obligation to pay" you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(1) Payment by invoice and financing via Klarna Germany
In cooperation with Klarna we offer you the purchase on account and the purchase by instalment as a payment option. Please note that Klarna Invoice and Klarna Installment Purchase are only available to consumers and that payment must be made to Klarna in each case.
When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here.
With the Klarna financing service you can pay your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least 6.95 €). Further information on Klarna instalment purchase including the general terms and conditions and the European standard information for consumer credit can be found here.
Data protection notice
(2) Payment via Klarna Checkout
In cooperation with Klarna we offer the following payment options. The payment is made to Klarna in each case:
- Klarna Invoice: payable within 14 days from the invoice date. The invoice will be issued upon shipment of the goods and sent by e-mail. You can find the invoice conditions here.
- Klarna instalment purchase: With the Klarna financing service you can pay your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least 6.95 EUR). You can find more information about the Klarna instalment purchase including the general terms and conditions and the European standard information for consumer credits here.
- Instant bank transfer
- Credit card (Visa/Mastercard)
- Direct debit
§ 4 Right of retentionRetention of title
(1) You can exercise a right of retention only if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice that accrue to you from the resale, and we accept the assignment. You are further authorised to collect the claim. Insofar as you do not properly meet your payment obligations, however, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of 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 at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 5 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
(3) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty regulations:
a) Only our own specifications and the manufacturer's product description shall be deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the case of rectification of defects, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period shall not apply
- for culpable damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
- in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
§ 6 Choice of law, place of performance, place of jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favourability principle).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. This shall not affect the right to bring an action before the court at another statutory place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. identity of the seller
Am Mühlberg 22
93077 Bad Abbach
Phone: +49(0)9405 5069910
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contract language is German.
3.2. the complete contract text is not stored by us. Before sending the order via the online shopping cart system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. codes of conduct
4.1 We have submitted to the code of honour of Trusted Shops GmbH, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
5. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. prices and payment terms
6.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne additionally by you, unless free delivery has been promised.
6.3 Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.4 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.5 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7. terms of delivery
7.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and shipment shall be at your risk.
8. legal liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 10/23/2019