General Terms and Conditions and Customer Information

Table of Contents

  1. Scope
  2. Conclusion of Contract 
  3. Right of Withdrawal 
  4. Prices and Payment Terms 
  5. Delivery Conditions 
  6. Warranty and Legal Guarantees 
  7. Seller's Liability 
  8. Force Majeure
  9. Applicable Law, Competent Jurisdiction
  10. Out-of-Court Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (GTC) apply to all contracts between a consumer or a business entity and Marco Gabriel inett SARL (hereinafter referred to as the "customer") regarding the products and/or services presented by the seller in its online shop. These GTC replace any conditions imposed by the customer, unless otherwise agreed.

1.2 For the purposes of these GTC, a consumer is any natural person who does not act within the scope of their commercial, business, craft, or freelance activity. For the purposes of these General Terms and Conditions, a business entity refers to any natural or legal person who acts within the scope of their commercial, business, craft, or freelance activity, including another person acting on their behalf or for their account.

2) Conclusion of Contract

2.1 The product descriptions published on the seller's online shop represent firm offers from the seller, which the customer accepts by placing an order.

2.2 The customer may place an order and thus accept the seller's offer by telephone, mail, fax, email, or through the order form integrated into the seller's online shop. When ordering via the online form, the customer, after entering the personal order data and clicking the button to complete the order ("Confirm order"), makes a binding acceptance of the offer relating to the goods in their shopping cart.

2.3 The seller sends the customer an order confirmation, which is transmitted by post or electronically.

2.4 The contract text is archived by the seller, and a copy is transmitted to the customer along with these GTC. This transmission takes place at the time of sending the order in text form (email, fax, or letter). Furthermore, this document is also archived on the seller's website and can be requested free of charge by the customer through their password-protected account. However, the customer must have created an account on the seller's website before placing their order.

2.5 Before placing a firm and final order via the seller's online form, the customer has the option to correct the information entered using the usual keyboard functions. Additionally, all information provided will be displayed again in a confirmation window just before the final submission of the order and can be corrected in the same manner.

2.6 The contract language is German.

2.7 Order processing and contact are conducted via email and through an automated order processing system. The customer is responsible for ensuring the accuracy of the email address provided for order processing purposes and for receiving emails sent by the seller. Additionally, the customer must ensure, particularly when using anti-spam email filters, that all emails sent by the seller or by third parties responsible for order processing can be received.

3) Right of Withdrawal

In principle, consumers have a right of withdrawal. Further details on the right of withdrawal can be found in the seller's information on exercising the right of withdrawal.

4) Prices and Payment Terms

4.1 Unless otherwise specified in the product descriptions published by the seller, the prices indicated by the seller are final prices in euros, including all taxes (including VAT). They therefore include value-added tax (VAT). However, additional delivery and shipping costs may apply. These will be expressly indicated in the corresponding product description if applicable.

4.2 Deliveries to countries outside the European Union may incur additional costs to be borne by the customer and not attributable to the seller. These may include, for example, costs related to money transfers made by credit institutions (transfer fees, exchange rate fees) and import duties or taxes (customs duties). Such costs may also be incurred in the case of a money transfer if delivery takes place in a country within the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The customer can choose from various payment methods displayed on the seller's website.

4.4 If the customer chooses the "PayPal" payment method, payment is processed through the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., Boulevard Royal, L-2499 Luxembourg, in accordance with the general terms and conditions of use. (see https://www.paypal.com/lu/webapps/mpp/ua/useragreement-full?locale.x=en_LU) .

5) Delivery Conditions

5.1 The delivery of goods is usually carried out by mail to the address provided by the customer, unless otherwise agreed. The delivery address on the order processed and managed by the seller is binding for the execution of the transaction.

5.2 If the transport company returns the goods to the seller due to the impossibility of delivering them to the customer, the customer bears the costs incurred due to the failed shipment. However, this does not apply if the customer has properly exercised their right of withdrawal, if the customer is not responsible for the circumstances leading to the impossibility of delivery, or if the customer was temporarily prevented from accepting the delivery, unless the seller has already notified the customer of a reasonable delivery period in advance.

5.3 The seller reserves the right to carry out deliveries in parts within reasonable limits. The customer will not be charged any additional costs unless partial delivery has been explicitly requested by the customer. In this case, the seller reserves the right to charge the customer additional shipping costs.

5.4 In the event of a breach by the seller of a contractual obligation due to the unavailability of the item, the customer will be informed and refunded within thirty days after payment.

5.5 The risk of loss or damage to the goods passes to the customer when the customer or a third party designated by the customer, who is not the carrier offered by the seller, takes physical possession of the goods. If the customer is a business entity, the risk of loss or damage passes to the customer when the goods are handed over to the carrier.

5.6 If the customer is a business entity, the seller reserves the right to terminate the contract in the event of incorrect or inappropriate delivery by its suppliers. This only applies if the seller is not responsible for the delivery disruption and can demonstrate that it has made a specific compensation agreement with the supplier. The seller is obligated to make all reasonable efforts to obtain the goods from its suppliers. In the event of complete or partial unavailability of the goods, the customer will be promptly informed and refunded as soon as possible.

5.7 For logistical reasons, self-collection by the customer is not possible.

6) Warranty and Legal Guarantees

In the event of a defect in the purchased item, the statutory provisions apply.

7) Seller's Liability

The seller is liable to its customer for damages or reimbursement of expenses for the breach of its legal, contractual, quasi-contractual, or tortious obligations as follows:

According to legal provisions, the seller is fully liable:

  • for intentional or grossly negligent actions,
  • for intentional or negligent injury to life, body, or health,
  • under a warranty statement and unless otherwise agreed,
  • under mandatory liability for defective products.

7.1 In the event of a breach of a material contractual obligation by the seller, the seller's liability is limited to the foreseeable damage at the time of conclusion of the contract, unless unlimited liability applies in accordance with the provisions of Section 7.1. Material contractual obligations are those obligations imposed on the seller by the contract in order to achieve the contractual purpose, and which the customer may rely on.

7.2 Except for the cases mentioned above, any liability of the seller is excluded.

7.3 The above provisions on liability also apply to the liability of the seller's agents or representatives.

8) Force Majeure

The seller's liability is waived if the non-performance or delay in the performance of any of the obligations described in these GTC is due to force majeure.

9) Applicable Law, Competent Jurisdiction

9.1 If the customer is a consumer within the meaning of Section 1.2, any legal relationship between the parties to the contract is governed by the law of the country in which the customer has his habitual residence, excluding the UN Sales Convention. The court at the customer's habitual residence is exclusively competent for all disputes arising from this contract.

9.2 If the customer is a business entity within the meaning of Section 1.2, any legal relationship between the parties to the contract is governed by the law of the country in which the seller is domiciled, excluding the UN Sales Convention. The court at the seller's registered office is exclusively competent for all disputes arising from this contract.

10) Out-of-Court Dispute Resolution

10.1 The European Commission provides an electronic link on its website to the platform for online dispute resolution: https://ec.europa.eu/consumers/odr.

This platform is a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts between consumers and businesses.

10.2 The seller is neither obligated nor willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.