1. general

1.1 Scope of application
These General Terms and Conditions apply in the version valid at the time of conclusion of the contract for all business relationships between us, Seemaxx Marketing UG (haftungsbeschränkt), c/o Kintyre Investments GmbH, Schillerstraße 27, 60313 Frankfurt am Main and you. Should you use conflicting general terms and conditions, these are hereby expressly rejected

1.2 Contractual agreement
The contractual language is German.

The goods sold by us are vouchers. The terms “goods” and “voucher” are used synonymously.

1.3 Conclusion of contract

1.3.1 Website

The presentation of the product range in our online store is initially subject to change and non-binding. The first step is to select the desired voucher. In the second step, enter your details including billing address and, if applicable, a different delivery address. In the third step, you have the opportunity to check all details (e.g. name, address, payment method, voucher ordered) once again and correct any input errors before confirming your order by clicking on the “ORDER FOR FREE!” button. By placing an order, you make a binding offer to enter into a contract. We will confirm receipt of your order without delay. The confirmation of receipt represents our binding acceptance of the order. The contract is only concluded upon acceptance.

The text of the contract will be saved by us and sent to you in text form (e.g. by e-mail, fax or post) after your order has been sent, together with these General Terms and Conditions and customer information. However, you can no longer retrieve the text of the contract via the website once you have sent your order. You can use the browser’s print function to print out the relevant website with the text of the contract.

1.3.2 Individual conclusion of contract

Alternatively, the contract is concluded individually by offer and acceptance (e.g. by e-mail). Unless otherwise agreed, the usual procedure is that you send us an inquiry and then receive a binding offer from us, which you can then accept within two weeks. The contract is concluded upon acceptance. A separate storage of the contract text by us does not take place, but the contract content results in each case individually from the agreement made.

1.4 Conditions for our vouchers

You can redeem our vouchers in the stores in our center. Cash payment is not possible.
Our vouchers are not time-limited. Furthermore, our vouchers are not personal.
Please note that when redeeming a voucher in one of our center’s stores, we do not become the contractual partner with regard to the goods and/or services purchased, but rather the respective store operator. We are therefore not the point of contact for complaints regarding the purchased goods/services for which the voucher was used. You must direct your claims in this regard against the operator of the store.

2nd delivery

2.1 Partial deliveries
We are entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.

2.2 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even with the utmost care and for which we are not responsible (this includes in particular strikes, official or court orders and cases of incorrect or improper self-supply despite a covering transaction to this effect) entitle us to postpone delivery for the duration of the impeding event.

2.3 Exclusion of delivery
P.O. Box addresses are not supplied. In addition, delivery is only made within Germany and Switzerland.

2.4 Default of acceptance
If you are in default of acceptance of the ordered goods, we are entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for default or non-performance. During the delay in acceptance, you shall bear the risk of accidental loss or accidental deterioration.

2.5 Performance time

Unless expressly agreed otherwise, delivery shall be made by us within ten days. In the case of payment in advance, the delivery period shall commence on the day after the payment order has been issued to the remitting bank or, in the case of purchase on account, on the day after conclusion of the contract. The period ends on the following tenth day. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized at the place of delivery, the period shall end on the next working day.

3. payment

3.1 Payment method
Our vouchers can be paid by bank transfer (advance payment) when concluding a contract online and by EC card or cash when concluding a contract on site.

3.2 Prices and shipping costs
All prices are inclusive of VAT. Shipping costs are not charged.

3.3 Default of payment
You are in default of payment if payment is not received by us within two weeks of receipt of the invoice. In the event of late payment, interest will be charged at a rate of 5 percentage points above the prime rate of the European Central Bank, or 9 percentage points above the prime rate of the European Central Bank for legal transactions in which a consumer is not involved. Should you fall into arrears with your payments, we reserve the right to charge a reminder fee of 2.50 euros. We reserve the right to claim further damages. You have the option of proving that we have incurred no or less damage.

3.4 Right of retention
You are only entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.

4. revocation instructions for consumers in distance selling contracts

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods / the last goods.

To exercise the right to cancel, you must inform us (Seemaxx Marketing UG (haftungsbeschränkt), c/o Kintyre Investments GmbH, Schillerstraße 27, 60313 Frankfurt am Main, phone: 07732 89 392 60, e-mail: info@seemaxx.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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; under no circumstances will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods.

You only have to 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 checking their condition, properties and functionality.

– End of the withdrawal policy –

Exclusion of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods 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.

Special information on the premature expiry of the right of withdrawal
In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of withdrawal expires prematurely if the seal on the goods has been removed after delivery. In the case of contracts for the delivery of audio or video recordings or computer software in sealed packaging, your right of withdrawal expires prematurely if the seal has been removed after delivery.

5. retention of title
The delivered goods shall remain our property until the purchase price has been paid in full. You must treat the goods subject to simple retention of title with care at all times. You assign to us any claim or compensation that you receive for damage, destruction or loss of the delivered goods. If you act in breach of contract, in particular in the event of default of payment, we are entitled to take back the purchased goods. In this case, taking back the goods does not constitute withdrawal from the contract unless we expressly declare this in text form.

6. warranty

6.1 Warranty claim
There are statutory warranty rights. A warranty claim can only arise with regard to the properties of the goods; reasonable deviations in the aesthetic properties of the goods are not covered by the warranty claim.

6.2 Warranty for consumers
The risk of accidental loss or deterioration of the goods sold is only transferred to you when the goods are handed over. If you recognize that the outer packaging arrives damaged or if you notice any damage after receiving the goods, please inform us. However, there is no obligation to provide such notification, nor are warranty rights affected by failure to notify us. If the goods are defective, you can choose to demand subsequent performance in the form of rectification or subsequent delivery. If defects are not remedied even after two attempts at rectification, you shall be entitled to withdraw from the contract or reduce the purchase price.

6.3 Warranty vis-à-vis entrepreneurs
In deviation from the statutory warranty provisions, in the event of a defect we shall, at our discretion, provide subsequent performance in the form of rectification of the defect or replacement delivery. The risk of accidental loss or deterioration of the goods shall pass to you upon delivery to the person responsible for transportation. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.

6.4 Rights in the event of insignificant defects
In the event of an insignificant defect, you are only entitled to a reasonable reduction in the purchase price, excluding the right to withdraw from the contract.

6.5 Compensation for defects
No warranty is provided for damage caused by improper handling or use. Express reference is made to the following disclaimer.

7. liability

7.1 Exclusion of liability
We and our legal representatives and vicarious agents are only liable for intent or gross negligence. Insofar as material contractual obligations (i.e. obligations whose fulfillment is of particular importance for achieving the purpose of the contract) are affected, liability shall also be assumed for slight negligence. Liability is limited to the foreseeable damage typical for the contract. In the event of a grossly negligent breach of non-essential contractual obligations, we shall only be liable to entrepreneurs in the amount of the foreseeable damage typical for the contract.

7.2 Reservation of liability
The above exclusion of liability does not apply to liability for damages resulting from injury to life, limb or health. The provisions of the Product Liability Act also remain unaffected by this exclusion of liability.

8. final provisions

8.1 Place of jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.

8.2 Choice of law
Insofar as there are no mandatory statutory provisions to the contrary under your home law, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

8.3 Consumer dispute resolution procedure
The EU Commission has created an internet platform for the online settlement of disputes concerning contractual obligations arising from online contracts (ODR platform). You can access the ODR platform via the following link: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

8.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining General Terms and Conditions.