TERMS AND CONDITIONS


Terms and Conditions of Inkubus UG (haftungsbeschränkt)

 

1. Scope of Application

For all orders via our online shop the following Terms and Conditions apply.

These Terms and Conditions also apply to future business relations with traders, without us having to make any further reference to them. If the Contractor uses opposing or supplementary General Terms and Conditions of Business, its validity is hereby contradicted; They will only become part of the contract if we have expressly consented to it.

Any Contract and Agreement shall be governed by and constructed in accordance to German law.

2. Conclusion of Contract

The conclusion of Contract comes into being with Inkubus UG (haftungsbeschränkt).

The presentation of the products in our Online Shop is not a legally binding offer, but a non-binding online catalog. You can initially place our products without obligation into the virtual shopping cart and correct your entries at any time before submitting your binding order by using the correction assistance provided for this purpose in the order process. By clicking the order button, you place a binding order of the goods contained in the shopping cart. The receipt of your order will be confirmed by e-mail immediately after sending the order.

The effective date of conclusion of contract depends on the method of payment chosen by you:

  • Advance Payment: We accept your order by sending a notice of acceptance, which is transmitted via e-mail within two days, in which we also name our bank account.
  • PayPal: During the ordering process you will be redirected to the website of the online provider PayPal. On PayPal you can specify your payment data and confirm payment instructions to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and accept your offer.

3. Contract Language

All contracts relating to Inkubus UG (haftungsbeschränkt) offered in our shop are to be conducted in German or English.

We save the wording of the contract and send you your order details and our Terms and Conditions via e-mail. You can also view the Terms and Conditions on this page at any time. Your past orders are no longer accessible on the Internet for security reasons.

4. Terms of Delivery

Any shipment within Germany is free of charge. For shipping outside of Germany, additional shipping costs become due. Any possible additional delivery and dispatch costs are specified separately in the respective product description or in the transmitted offer.

Collection by the Client can be agreed on via telephone or e-mail. The pickup address is

Inkubus
Schultenweg 52
45279 Essen

We don‘t ship to Packstation parcel machines.

5. Payments

Our shop offers the following methods of payment:

  • Advance Payment: We name our bank account in a confirmation e-mail and deliver the goods after payment received
  • PayPal: During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered or register, authenticate with your access data and confirm payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will get more information during the ordering process.
    The payment transaction is automatically carried out by PayPal immediately afterwards.

All claims must be paid in advance. We kindly ask for your understanding that we accept only advance payment due to the individual construction of our goods. We expressly point out that the production of the goods will not start before complete payment. Errors excepted for all price and discount details in the Internet, brochures or other advertising media. All offers are without obligation. All agreements should be stated in writing. The deduction of discounts, bonuses or credits requires a special express agreement. A consumer or trader is entitled to offset rights only if his counterclaims are legally valid, undisputed or acknowledged by us. The consumer or trader is entitled to exercise a right of retention only to the extent that his counterclaim is based on the same contractual relationship.

 6. Retention of Title

The goods remain our property until shipment.

For traders, the following applies: We retain title to the goods until the full settlement of all claims arising from a current business relationship. You may resell the reserved goods in the ordinary business. Any claims arising out of this resale will be transferred to us in advance, irrespective of the connection or mixing of the reserved goods with a new item, in the amount of the invoice amount and we accept this assignment. You remain authorized to collect the receivables, but we may also collect claims ourselves, insofar as you fail to meet your payment obligations.

7. Transport Deterioration

For consumers, the following applies:
If goods with obvious transport damage are delivered, please report such errors to the delivery company as soon as possible and contact us immediately. The non-compliance of a complaint or contact has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the freight carrier or the transport insurance.

For traders, the following applies:
The risk of accidental loss and accidental deterioration will be transferred to you as soon as we have handed over the goods to the freight forwarder, freight carrier or the person or institution otherwise appointed to carry out the shipment. Among merchants, the obligation to investigate and to notify the seller is governed by § 377 HGB (German Commercial Code). If you fail to comply with the advertisement provided there, the goods shall be deemed to be approved unless it is a defect that was not apparent during the investigation. This does not apply if we have fraudulently concealed a defect.

8. Warranty and Guarantees

Unless expressly agreed otherwise, the statutory right of non-liability shall apply. For consumers, the limitation period for claims for defects for used items is one year from delivery of the goods.
For traders, the limitation period for claims for defects shall be one year from the transfer of risk; The statutory periods of limitation for the right of recourse pursuant to § 478 BGB (Gerrman Civil Code) shall remain unaffected.

As an agreement to the nature of the goods, only our own data and the product descriptions of the manufacturer, which were included in the contract, are valid as an agreement with the company; We accept no liability for any public statements made by the manufacturer or any other advertising material.
If the delivered item is defective, we shall provide the supplier with a guarantee by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).

The above limitations and deadline reductions do not apply to claims due to damages caused by us, our legal representatives or vicarious agents.

  • in case of injury to life, body or health
  • in case of intentional or grossly negligent breach of duty as well as fraudulent intent
  • in the case of violation of material contractual obligations, the fulfillment of which allows the proper execution of the contract at first and on whose compliance the contractual partner may regularly rely (cardinal obligation)
  • in the context of a guarantee promise, if agreed
  • as long as the scope of the Product Liability Act is in force

Information about any applicable additional warranties and their exact terms can be found at the product and on special information pages in the online shop.

9. Liability

We are always liable without limitation for claims due to damages caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health,
  • in case of intentional or grossly negligent breach of duty,
  • in case of warranty, as agreed, or
  • as long as the scope of the Product Liability Act is in force.

In the event of a breach of essential contractual obligations, which can only be carried out on the basis of the proper execution of the contract, and which the contractual partner may regularly rely on (the liability of the contractual partner) by slight negligence of us, our legal representatives or vicarious agents, the liability shall depend on the foreseeable liability Damage that is typically expected to occur. Furthermore, claims for damages are excluded.

10. Online Dispute Resolution

The European Commission is providing an Online Dispute Resolution platform (ODR), which can be found here http://ec.europa.eu/consumers/odr/. We are neither obligated nore willing to participate in a dispute settlement procedure before an alternative dispute resolution entity.

11. Final Provision

If you are a trader, then German law applies to the exclusion of the UN purchase law.

If you are a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal person governed by public law or a public special fund, our exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our business.

 

Concluding Remarks

We are, for legal reasons, subject to the above conditions in this form and content. However, since we are convinced of our products and customer satisfaction is of paramount importance, we reserve the right – without prejudice and acknowledgment of a legal obligation – to show goodwill towards our customers. Should you be dissatisfied with our products, for whatever reasons, we will also ask you to contact us if statutory deadlines should be exceeded or a defect in the sense of the law is not available. We will be on the subject in the context of the goodwill. If, despite our continuous efforts to fulfill our obligations as perfectly as possible, errors or deficiencies occur, please contact us and we will clarify the matter as soon as possible. We wish all our customers a lot of pleasure with our products.

Sincerely yours,
Inkubus UG (haftungsbeschränkt)

Last update: February 2017

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