General Terms and Conditions (GTC) of the company inkosmia GmbH &Cie KG
§1 Scope
These terms and conditions apply to contracts, business, payment and delivery conditions, it is exclusively German law. Special agreements only become valid with written confirmation by us and always refer only to the individual transaction for which the special agreement has been made.
Our terms of sale, delivery and payment are binding for the entire business with the buyer and are acknowledged by placing the order. The terms and conditions (for example, terms of purchase) of the buyer are not binding for us, even if we do not contradict this.
§2 contract conclusion
Offers and prices are always subject to change according to our price list. An order / order confirmation is only on written or oral request. For items that are ordered on our websites, the prices listed there are valid (only when ordering multiple items will be delivered free of charge). When ordering on the Internet, the buyer receives an e-mail with order confirmation and detailed information about the order and contract contents. The purchase contract is concluded when the buyer orders goods on the terms of the offer of the seller and the seller delivers this order.
§3 delivery conditions
Delivery dates or delivery deadlines must be in writing. The shipment of the ordered goods is usually within 2 working days, due to unforeseen circumstances, the delivery time can be extended by a maximum of 2 weeks after the order. The delivery period begins after receipt of the order. Partial deliveries are permitted provided the buyer agrees. Unforeseen circumstances include: strike, delivery bottlenecks, events of force majeure. We send the goods to the buyer free of charge, preferably by DHL or forwarding, the following Incoterms apply: CIP or CPT.
However, we reserve the right to charge freight / shipping / packaging costs, these are then negotiated with the buyer, the buyer receives a written notification. A transport insurance is taken out by the seller.
In the event of non-compliance with delivery dates, the buyer is entitled to assert his rights, this applies to the right of withdrawal from the purchase contract only if he has confirmed the seller in writing a grace period of 14 days.
§4 prices
The prices are based on the price list valid at the time of the conclusion of the contract, unless otherwise stated in writing.
Prices for orders on the Internet are gross prices (including the statutory VAT). All other prices in our price lists are calculated in EURO, excluding VAT.
Unless otherwise stated, we are bound by the prices contained in our offers for 90 days (from the date of the offer). Decisive otherwise are the prices stated in the order confirmation plus VAT.
The invoice will be attached to each delivery.
§5 Terms of payment
Unless otherwise agreed, the buyer has to make the payments to the seller within 30 days without deduction. The deadline for payment is the receipt of payment by the seller.
Internet orders are only delivered against prepayment or cash on delivery, direct debit or Paypal.
§6 retention of title
All deliveries of the seller are subject to retention of title. The delivered goods remain the property of the seller until full payment of the purchase price. In addition, the seller reserves ownership of the delivered goods until complete fulfillment of all claims already made at the time of the conclusion of the contract.
The buyer is obliged to insure the goods subject to retention of title against all usual risks for the duration of the retention of title.
§7 complaints / material defects
Complaints regarding weight and quantity must be received immediately upon receipt of the goods. The customer undertakes to notify us of any defects in writing without delay, but no later than 2 weeks after receipt of the delivery item. For defects notified in good time, the seller warrants delivery of faultless exchange goods.
§8 Other claims / liability
Claims for damages of the customer due to breach of duties arising from the debt relationship and from tort are excluded. We are therefore not liable for damages that did not occur on the delivered goods themselves. Above all, we are not liable for lost profits or other financial losses of the customer.
§9 Personal data
Insofar as the seller collects data (for example addresses, contact persons, telephone numbers, e-mail addresses) of the buyer, these are treated confidentially by the seller and not forwarded. We take into account the data protection regulations, only in exceptional cases in the context of the processing of an order data can be passed on to participating companies, if this is necessary for the order processing.
§10 Place of Performance / Jurisdiction / Applicable Law
Subject to deviating agreement, the place of performance for all mutual obligations is the place of business of the seller, this also applies to the place of jurisdiction. All legal relationships between the seller and the buyer shall be governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention.
§11 General Consumer Arbitration Center of the Center for Arbitration e. V.
Strasbourg Str. 8
77694 Kehl
E-mail address: mail@verbraucher-schlichter.de
Website: https://www.verbraucher-schlichter.de
Telephone: +49 7851 79579 40 • Fax: +49 7851 79579 41