Terms of service
General Terms and Conditions (GTC)
of Seteco for the Sale of Goods (B2B)
Version 1.0 dated 30.08.2024
§ 1 Scope of Application
These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded between us, Seteco, represented by Hartmut Seeger, Hauptstraße 64, 79348 Freiamt, and you as our customer, for the purchase of used end-of-life spare parts and machinery.
All agreements made between you and us in connection with the purchase contract are specified particularly in these GTC, our written order confirmation, and our acceptance declaration.
The version of the GTC valid at the time of the contract conclusion is decisive.
We do not accept differing conditions from the customer, even if we do not expressly object to their inclusion.
These GTC apply exclusively to business customers as defined by § 14 of the German Civil Code (BGB).
§ 2 Scope of Performance
The scope of performance includes the purchase and sale of used end-of-life spare parts and machinery. These parts and machinery are usually no longer available through regular retail channels and are obtained from old inventories or by recycling them from usage.
The used end-of-life spare parts and machinery are sold in the condition they are in at the time of contract conclusion. Buyers may inspect the goods before purchase to confirm their condition. No warranty is provided for the full functionality of these used parts and machinery unless explicitly agreed upon in writing.
§ 3 Contract Formation
The presentation and advertisement of items on our website do not constitute binding offers to conclude a purchase contract.
By placing an order, you submit a legally binding order. Orders can be placed via email. You are bound by your order for two (2) weeks from the date of submission; any existing right to revoke your order remains unaffected.
We will promptly confirm receipt of your order via email. Such an email does not constitute a binding acceptance of your order unless it explicitly states acceptance along with receipt confirmation.
A contract is concluded only when we accept your order by issuing a declaration of acceptance or by delivering the ordered items.
If delivery of the ordered items is not possible, for example, because the items are out of stock, we will not issue an acceptance declaration. In this case, no contract is formed, and we will inform you immediately and refund any payments already received.
§ 4 Delivery Conditions and Advance Payment Requirement
We are entitled to make partial deliveries if reasonable for you.
The delivery period is approximately 10 working days unless otherwise agreed. It begins upon contract conclusion, subject to paragraph 3.
For orders from customers residing abroad or where there are justified indications of payment default risk, we reserve the right to deliver only after receipt of the purchase price and shipping costs (advance payment). If we exercise this right, we will notify you promptly. The delivery period begins once payment for the purchase price and shipping costs is made.
§ 5 Prices and Shipping Costs
All price information on our website or in our offer is exclusive of statutory VAT and additional shipping costs.
Shipping costs are specified in our price information.
If we fulfill your order via partial deliveries, you are only charged for shipping once for the first partial delivery. If partial deliveries are made at your request, shipping costs will be charged for each partial delivery.
§ 6 Payment Terms, Set-Off, and Right of Retention
The purchase price and shipping costs are due within two weeks of receipt of our invoice.
You can pay the purchase price and shipping costs using the payment methods offered by us.
You are not entitled to offset against our claims unless your counterclaims are legally established or undisputed. You may also offset against our claims if your counterclaims relate to the same purchase contract.
As a buyer, you may exercise a right of retention only if your counterclaim arises from the same purchase contract.
§ 7 Retention of Title
The delivered goods remain our property until the full purchase price is paid.
§ 8 Warranty
We are liable for material or legal defects of delivered items in accordance with applicable legal provisions, particularly §§ 434 ff. BGB. The statutory limitation period for defect claims is one year and begins upon delivery of the goods.
Any seller guarantees provided by us or manufacturer guarantees granted for certain items are in addition to claims for material or legal defects under paragraph 1. The details of such guarantees can be found in the warranty conditions provided with the items, if applicable.
§ 9 Returns
Returns or exchanges of delivered used end-of-life spare parts and machinery are generally excluded unless there is a demonstrable defect not caused by improper use by the buyer.
§ 10 Liability
We are liable to you in all cases of contractual and non-contractual liability in cases of intent and gross negligence in accordance with statutory provisions for damages or reimbursement of wasted expenditures.
In other cases, we are liable – unless otherwise provided in paragraph 3 – only for the breach of a contractual obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you as a customer may regularly rely (so-called cardinal obligation), and limited to foreseeable and typical damages. In all other cases, our liability is excluded, subject to paragraph 3.
Our liability for damages arising from injury to life, body, or health, and under the Product Liability Act, remains unaffected by the above limitations and exclusions.
§ 11 Copyrights
We retain copyrights to all images, films, and texts published on our website or other materials. Use of these materials without our express consent is prohibited.
§ 12 Data Protection
The customer expressly consents to the electronic processing of their personal data in accordance with the following rules. Customer data will be treated with strict confidentiality and used solely for the proper execution of services. No data will be shared with third parties.
Separate privacy policies are available on our website under the following link: [XXX].
§ 13 Right of Withdrawal
If the customer is an entrepreneur, the right of withdrawal is excluded.
§ 14 Applicable Law and Jurisdiction
The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For all disputes arising from the contractual relationship, our business location serves as the place of jurisdiction if you are a merchant. Otherwise, statutory provisions apply.