Terms of Service

GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION

Table of Contents

  1. Scope
  2. Contract Conclusion
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Terms
  6. Warranty for Defects
  7. Responsibility
  8. Force Majeure
  9. Applicable Law, Jurisdiction
  10. Alternative Dispute Resolution

1) Scope of Application

1.1 These terms and conditions of 'inett SARL' (hereinafter referred to as the "Seller") apply to all contracts concluded by a consumer or business entity (hereinafter referred to as the "Customer") with the Seller Marco Gabriel, owner of inett SARL, regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who acts for purposes that are outside of their commercial, business, artisanal, or professional activity. A business entity within the meaning of these General Terms and Conditions is any natural or legal person or a legal partnership capable of holding rights and obligations, who acts on their own behalf or through another person acting in their name or on their behalf, for purposes that can be attributed to their commercial, business, artisanal, or professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the seller's online shop constitute binding offers by the seller, which the customer accepts by placing an order.

2.2 The customer can place their order by telephone, post, fax, email, or via the online order form integrated into the seller's online shop, thereby accepting the seller's offer. When ordering via the online order form, the customer, after entering their personal order data, gives a legally binding acceptance of the contract offer with regard to the goods contained in their shopping cart by clicking the button that concludes the ordering process.

2.3 The seller will send the customer a confirmation of the order by post or email.

2.4 The seller archives the contract text and forwards a copy of these terms and conditions to the customer. This transmission takes place when the order is submitted in written form (email, fax, or letter). Additionally, this document is also archived on the seller's website and can be requested by the customer free of charge through their password-protected account. However, the customer must have set up an account on the seller's website before placing an order.

2.5 Before the customer submits the order via the seller's online order form, they can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly placed, and can also be corrected there using the usual keyboard and mouse functions.

2.6 For contract conclusion, both the German languages are available.

2.7 The order processing and communication take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is accurate, so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller for order processing can be delivered.

3) Right of Withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the seller's withdrawal policy.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the seller's product description, the prices quoted are final prices inclusive of statutory value-added tax. Any additional delivery and shipping costs that may arise will be separately indicated in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These may include, for example, costs for money transfer by financial institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The customer has various payment options available, which are specified on the seller's website.

4.4 If advance payment has been agreed, payment is due immediately after the conclusion of the contract.

4.5 If the payment method 'PayPal' is selected, the payment processing will be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

5) Delivery and Shipping Terms

5.1 The delivery of goods is carried out by shipping to the delivery address provided by the customer, unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises their right of withdrawal, if they are not responsible for the circumstances leading to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the seller had announced the service to them a reasonable time in advance.

5.3 The seller reserves the right to make partial deliveries within reasonable limits. For such partial deliveries, no additional costs will be charged to the customer. However, if the customer has requested partial deliveries from the seller, the seller reserves the right to charge the customer for the additional delivery costs.

5.4 If the seller is unable to fulfill the contractual service due to insufficient availability of the goods, they will inform the customer immediately and refund the payment to the customer promptly, but no later than 30 days after receipt of the payment.

5.5 The risk of loss or damage to the goods passes to the customer when they or a third party designated by the customer, who is not the carrier, takes possession of the goods. If the customer acts as a business entity, the risk of accidental loss and deterioration passes to the customer upon delivery of the goods to a suitable carrier at the seller's place of business.

5.6 If the customer acts as a business entity, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the responsibility of the seller and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately, and any consideration paid will be refunded promptly.

5.7 Self-collection is not possible for logistical reasons.

6) Warranty for Defects

The statutory liability for defects applies.

7) Liability

The seller is liable without limitation for any legal reason:

  • for intent or gross negligence,
  • for negligent or intentional violation of life, body, or health,
  • due to a warranty promise, unless otherwise regulated,
  • due to mandatory liability such as product liability.

7.1 If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless there is unlimited liability according to clause 7.1. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies.

7.2 Otherwise, the seller's liability is excluded.

7.3 The above liability provisions also apply with regard to the liability of the seller for its vicarious agents and legal representatives.

8) Force Majeure

In case of force majeure, the seller is not liable for either non-performance or delay in the fulfillment of its contractual obligations described in these terms and conditions.

9) Applicable Law, Jurisdiction

9.1 If the customer acts as a consumer within the meaning of clause 1.2, the law of the state in which the customer has his habitual residence shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the customer's place of residence.

9.2 If the customer acts as a business entity within the meaning of clause 1.2, the law of the state in which the seller has its registered office shall apply to all legal relationships between the parties, excluding the UN Convention on Contracts for the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's registered office.

10) Alternative Dispute Resolution

10.1 The European Commission provides a platform for online dispute resolution (ODR) which can be accessed via the following link: https://ec.europa.eu/consumers/odr.

This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

10.2 The seller is neither obligated nor generally willing to participate in dispute resolution proceedings before a consumer arbitration board.


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