General Terms and Conditions for Customers These General Terms and Conditions govern the relationship between the company Sercl GmbH ("SERCL") and end customers ("Customers") who place an order with a contractor on SERCL's homepage or APP ("Platform"). Contractor shall be referred to the GTC Contractor. Contractor and Customers wish to set out in advance the following basic principles of cooperation, which shall form the common understanding of the cooperation and these General Terms and Conditions ("GTC Customers"): 1. SERCL is not a party to the Contractor's legal relationship with the Client. 2. SERCL shall not be liable for any claims of the Client against the Contractor or any claims of the Contractor against the Client. 3. the contract between the Contractor and the Client shall be formed upon confirmation by the Client. SERCL considers its main purpose to arrange orders from Clients to the Contractor. These GTC Customers briefly and concisely describe the rules, rights and obligations associated with ordering products via sercl.co.uk. This creates transparency for customers and SERCL. 1. Definitions In these GTC Contractors we use the following definitions: GTC Customers - These General Terms and Conditions; APP - Online application(s) for mobile devices SERCL/We/Our - The company Sercl GmbH, Gassnerstraße 3, 80536 Munich, HRB 252784, acting under www.sercl.de Order - The placing of an order with a contractor via the platform by the customer. Customer - A legal or natural person (over 18 years of age) who places an order via the Platform. Platform - The website(s), app(s) and tools provided by SERCL, SERCL Affiliates and/or Business Partners, including the Contractor Website, if any, used by the Contractor. Contractor - A company that provides and sells services to customers and that uses the Platform to contract and pay for bids. Contractor Information - The information about the Contractor, including, but not limited to, the company and its contact details, product range, prices for each product (including VAT), company logo, graphics, order area (including postcode details), delivery costs and minimum order volume and other information about the Contractor. Service - The services offered to the customer by www.sercl.de via the platform, including the transmission of orders to the relevant contractor. On the other hand, the services to be provided by the Contractor under the Contract shall not form part of the Service of SERCL. Contractor - The owner/franchiser or other authorised person of a Contractor affiliated with sercl.co.uk, registered in the Commercial Register or Trade Register, with whom Sercl enters into a Contract or to whom Sercl submits an offer; Customer - The end customer who engages the Contractor through SERCL. Platform - The environment on which third parties offer products to you; Our Products – Products offered by us on the Web Store; Contract - An agreed order placed by you for our Products through the Web Shop; Webshop - The environment on which sercl.de and third parties offer products to you; Website - www.sercl.de Right of withdrawal - The possibility to withdraw from the contract within a certain period of time; 2. Applicability These GTC Customers are only applicable to the Service. By placing an order, the Customer enters into a contract with the Contractor for the supply of the quote selected by the Customer. SERCL is not responsible for the quote and/or the contract between the Customer and the Contractor. Where applicable, the Contractor's terms and conditions shall additionally apply to the quote and contract. Consult SERCL before placing an order and you will know what to expect from us. Note: These GTC Customers do not apply to SERCL's relationship with contractors. Please refer to the GTC Contractors. 3. Offers The quote published on the platform is published on behalf of the respective contractor, based on the contractor information provided. SERCL does not verify the accuracy or completeness of the contractor information and is not responsible for the performance of the contract. 4. Contract SERCL is not a party to the contract between the Contractor and the Client. SERCL is not or will not be a party to the Contract. The contract between the Contractor and the Client shall only be concluded when the Client accepts the Contractor's quote for the Service and clicks on the "Allocate / Assign Work" button at the end of the order process. Upon receipt of the order, SERCL shall electronically confirm the order to the Customer. The Contractor shall be entitled to cancel the order if the quote is no longer available, if the Customer has provided an incorrect or non-functioning telephone number or other contact information or in case of force majeure. The contract can only be executed by the contractor if the customer provides correct and complete contact and address information when placing the order. The Customer shall immediately report any inaccuracies in the information (including payment details) provided or disclosed to SERCL or the Contractor. Customer shall be available by telephone or email (as specified in the Order) to Contractor and SERCL to receive information regarding the status of its Order. The Customer must be present at the Customer's specified address to receive the Service. If the Customer places an incorrect order (e.g. by providing incorrect contact information, by failing to pay or by failing to be present at the place of delivery to receive the order) or otherwise fails to comply with its obligations under the Contract, SERCL shall be entitled to reject any future orders from that Customer. SERCL shall be entitled to reject orders and cancel contracts on behalf of the Contractor, if there is reasonable doubt as to the accuracy or authenticity of the order or contact information or if the Contractor does not wish to enter into a contract with the Customer. If SERCL cancels an order which has already been paid for, SERCL shall return the amount of the payment on behalf of the Contractor to the same account from which the payment was made. If the Customer places orders which are proven to be false or fraudulent, SERCL will report the matter to the police. If the Customer places orders which appear to be false or fraudulent, SERCL may report the same to the police. SERCL shall not be liable for the performance of the Contract by the Contractor. In case of any queries and/or complaints about the service rendered by the Contractor to a Client, the same shall be resolved between the Client and the Contractor. SERCL shall not be a contact for such cases and shall not be liable in any manner whatsoever including, inter alia, the possible unsuitability of the service rendered by the Contractor. 5. Prices On our platform, the price will be quoted for each service or based on the complexity of the service, the contractor may provide a quote to the client. Offers and promotions are clearly indicated. All prices quoted are exclusive VAT. If you have to pay delivery or handling charges for an order, we will clearly state this before confirming your order. SERCL itself does not currently charge any fees in addition to the contractor's costs for the use of the platform for end customers, but expressly reserves the right to change the pricing structure at any time. When ordering items from third parties, you will receive an invoice from the third party. Payment for such items will be made directly to the third party. SERCL is not a party to the invoicing of items ordered from third parties and will only provide an order summary. 6. Revocation The customer cannot revoke the order from the contractor in so far as it is a matter of delivery of goods or a service • which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (§ 312g para. 2 no. 1 BGB); • which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery (Section 312g (2) No. 3 BGB); • if these have been inseparably mixed with other goods after delivery due to their nature (§ 312g para. 2 no. 4 BGB); • where the customer expressly wishes the service to be provided in full before the end of the revocation period. REVOCATION TERMS Right of withdrawal You have the right to revoke the contract with the contractor within fourteen days without giving reasons. The revocation period is fourteen days from the day of the conclusion of the contract, at the latest with the day of the activation of the account for sercl.de or your order confirmation. To exercise your right of withdrawal, you must contact us at: Sercl GmbH Gassnerstraße 3 Munich Germany by e-mail to: firstname.lastname@example.org by fax to: +49 (0) 89 30709673 by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use our model withdrawal form (www.sercl.de/widerrufsformular), which is not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. For telephone enquiries in this regard, you can reach us at: +49 (0) 89 24591843 Consequences of the revocation If you withdraw from this contract, the Contractor shall return to you all payments that the Contractor has received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. The contractor may refuse repayment until he has received the goods back or until you have provided proof that the customer has returned the goods, whichever is the earlier. Customers shall bear the direct costs of returning the goods. Customers must only pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods. END OF THE RECOCATION POLICY 7. Payment At the time of the conclusion of the contract in accordance with the provisions of these General Terms and Conditions, the customer shall have a payment obligation towards the contractor. The Client may fulfil this payment obligation by using an online payment method via the Platform or by paying the Contractor at the place of performance. The payment obligation is always fulfilled by the Client's payment with effect vis-à-vis the Contractor. In accordance with the provisions from these GTC Customers, the (partial) refund of an online payment is only possible if the service cannot be (fully) performed. The refund shall always be made to the account from which the payment was made. The Contractor has authorised SERCL to accept the Client's online payment on behalf of the Contractor. 8. Complaints policy Customer's complaints regarding the quote, the order or the performance of the contract with the Contractor must be made to the Contractor. The sole responsibility for the contractor's offer and the performance of the agreement belongs to the contractor. In case of such complaints, SERCL can only play a conciliatory role. If the Customer has a complaint regarding the Services, such complaint must be reported to SERCL's customer service department using the contact form, by email or by post, to the contact address specified in Article 2 of these T&C Customers. Once SERCL has received the complaint, SERCL will first respond with an acknowledgement of receipt. SERCL will endeavor to deal with the complaint as soon as possible. Complaints as described in Sections 1 and 2 of this Article should be reported to the Contractor (Section 1) or SERCL (Section 2) within a reasonable time after the Customer has identified the deficiencies and should be fully and clearly described. The European Commission provides a platform for online dispute resolution (ODR platform). This platform can be found at http://ec.europa.eu/odr. SERCL expressly excludes alternative dispute resolution pursuant to Directive 2013/11/EU. SERCL's email address is email@example.com. SERCL is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board. 9. Liability We shall only be liable for direct damages as defined in these T&C Customers. Direct damages consist only of the reasonable costs you have made to: • Determine the cause and extent of the damage, • Ensure that our defective performance complies with the contract after all, insofar as this can be imputed to us, and • Prevent or limit direct damages as defined in these T&C Customers. SERCL shall not be liable for the offer, the correctness and completeness of the contractor information, the performance of the contract and/or the accessibility of the platform. SERCL shall otherwise be liable as follows: • SERCL shall be liable in each case in accordance with the statutory provisions in the following cases for reimbursement of expenses and damages (In the case of liability under the Product Liability Act, in cases of intent or fraudulent misrepresentation, in cases of gross negligence, for injury to life, body or health, in the case of the assumption of a guarantee by SERCL as well as in all other cases of statutory mandatory liability. • SERCL shall also be liable for damages in the event of culpable breach of so-called cardinal obligations in accordance with the statutory provisions. Cardinal obligations in this sense are all obligations the breach of which jeopardizes the achievement of the purpose of the contract as well as all obligations the fulfilment of which enables the proper performance of the contract in the first place and the observance of which the customer may regularly rely on. However, insofar as the breach of a cardinal obligation was only slightly negligent and did not result in injury to life, limb or health, claims for damages shall be limited in amount to the typical foreseeable damage. • In all other respects, claims of the customer for damages against SERCL - irrespective of the legal grounds, in particular due to material defect, defect of title and/or breach of other obligations arising from the obligation or from a pre-contractual obligation (e.g. within the meaning of § 311 para. 2 BGB) by SERCL, its legal representatives, employees or vicarious agents, from § 311 a BGB or from tort - shall be excluded. • To the extent that SERCL's liability is limited or excluded under the above provisions, this shall also apply to the personal liability of SERCL's legal representatives, employees and vicarious agents. • A change in the burden of proof to the detriment of the customer shall not be associated with the above provisions. • An exclusion or limitation of claims of the customer to interest on arrears or to the lump sum pursuant to Section 288 para. 5 BGB or to compensation of the damage which is justified in costs of legal prosecution is not associated with the above provisions. • The customer's claims for damages shall become statute-barred within the statutory limitation periods from the statutory commencement of the limitation period. Liability for indirect damages, including lost profits, consequential damages, losses suffered, lost savings and damages due to business interruptions is expressly excluded. 10. Invalid provision 1. The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 2. Should individual provisions of these GTC Customers (or parts thereof) be invalid, this shall not affect the validity of the entire agreement between the Customer and SERCL on the Services or the contract between the Contractor and the Customer. 3. These Client Terms and Conditions shall be drafted in multiple languages and all versions shall have the same force and effect. If there is any conflict or inconsistency between the versions, the German version shall prevail. If any part of these Client Terms and Conditions is declared invalid or void by a court or the legislature, the remainder of these Client Terms and Conditions shall remain in force. 11. Property rights All intellectual property rights such as trademarks and logos on sercl.de are owned by SERCL and its affiliates or licensors. Any use of our web shop or its content, including copying or storing such content in whole or in part, other than for your own personal, non-commercial use, is prohibited without SERCL's prior written consent. 12. Health protection SERCL and the Contractors undertake to take all steps to ensure the health and safety of the Customers. This includes in particular the implementation of the prescribed measures in the light of the COVID-19 pandemic. SERCL expressly draws the contractors' attention to the measures to be observed, such as keeping their distance and wearing mouth-nose protection, but accepts no liability whatsoever for breaches by contractors for which SERCL is not responsible through gross negligence or wilful misconduct. 13. Applicable Law The legal relationship between you and SERCL shall be governed by the laws of the Federal Republic of Germany. Any disputes arising out of or in connection with this legal relationship shall be submitted exclusively to the competent German court. These General Terms and Conditions were last amended on 01.02.2021
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