Terms and Conditions
§ 1. Scope "The present terms and conditions contain the terms and conditions between you (the customer) and us, the company INDOMET (the SELLER), represented by the management Mr. Christoph Eller, Amelunxstraße 13, 48167 Münster, Germany, as far as these are not modified by written agreements between the parties.
With the order confirmation of the seller, the customer accepts these terms and conditions in the currently valid version as the sole authoritative. Counter-confirmations by the customer with reference to his own terms of business or purchase are hereby rejected.
You will be informed of changes to these terms and conditions in writing, by fax or by email. If you do not object to this change within four weeks of receiving the notification, the changes will be deemed to have been accepted by you. In the event of a change in the terms and conditions, you will be informed separately of the right to object and the legal consequences of remaining silent.
A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. "
§ 2. Offer and subject of the contract
"Our range of offers is non-binding. The customer's order represents an offer to conclude a purchase contract. The confirmation of receipt of the order sent by the SELLER and any subsequent status reports do not yet represent acceptance of the offer. The purchase contract is only concluded as soon as we receive the Deliver the ordered goods and confirm the shipment to the customer.
We reserve the right to make changes to the design and shape that are due to improvements in technology or legal requirements during the delivery period, provided that the delivery item is not significantly changed or changed and the changes are reasonable for the customer. "
§ 3. Prices, packaging and dispatch, partial deliveries
"Our prices apply, unless otherwise expressly agreed in writing:
all prices are net prices, exclusive of statutory VAT.
from shipping point (EXW)
excluding packaging, freight and, if applicable, cash on delivery charges.
payable immediately without deduction.
The prices listed on our homepage (indomet.com) are rough guide prices for budget planning and are based on sales in Germany. Prices may vary by country or region.
Packaging and shipping costs are borne by the customer.
These depend on the shipping method, the payment method, the weight and the shipping destination.
They are shown separately on the invoice.
Packaging becomes the property of the customer.
The choice of shipping method is based on the customer's request
or to the best of our judgment within the scope of the permissible possibilities.
Part deliveries
which are initiated or offered by the SELLER, the subsequent deliveries are free of shipping costs.
In the case of special customer requests for the distribution of the delivery, the shipping costs will also be calculated for each partial delivery. "
§ 4. Delivery times
"The expected delivery times depend on the product and can be requested by phone. If changes to the expected delivery time occur after an order, the customer is automatically informed by email and, if he is a consumer, has the right to withdraw from his order free of charge at any time before delivery or make changes, unless otherwise agreed.
In the event of impossibility for which it is not responsible, the SELLER is entitled to withdraw from the contract. "
§ 5. Transfer of risk and warranty
"If the customer picks up the goods at the SELLER's premises, the risk of accidental loss or damage is transferred to the customer when the goods are handed over. If the SELLER sends the goods to the customer, the risk to entrepreneurs is transferred when the goods are handed over Goods to the carrier and to consumers with the handover of the goods by the carrier to the consumer to the customer.
The warranty begins with the delivery of the goods and is based on the statutory provisions. If repairs or changes are made to the delivery item by the customer or a third party without the SELLER's written consent, any warranty will expire. Sentence 2 does not apply if the customer proves that the defects in question were not caused by the changes made by him or the third party.
The limitation period for statutory claims for defects is 2 years if the customer is a consumer.
If the customer is an entrepreneur, the limitation period for warranty claims is one year and the SELLER has the choice of subsequent performance to remedy the defect or to deliver an item free of defects; Obvious defects in the goods or performance of the SELLER must be reported in writing immediately, at the latest within 14 days of receipt of the goods. If the defects are not reported in good time, the goods are considered approved.
The SELLER assumes no liability for normal wear and tear of the goods as well as defects that arise from incorrect or negligent handling or operation or unusual operating conditions. "
§ 6. Limitations of Liability
"The following limitations of liability do not apply to damage caused by intent or gross negligence, or to injury to life, limb or health.
Regardless of the legal basis, claims for damages against both the SELLER and their vicarious agents or vicarious agents are limited in amount to those damages that the SELLER could reasonably have expected to occur when the contract was concluded. If the damage does not result from the breach of an essential contractual obligation, the compensation is limited to a maximum of ten times the amount of the order value.
§ 7. Payment
Unless otherwise agreed, the SELLER's invoices are due immediately without deduction.
The customer can choose from various payment methods, which are offered depending on the order amount, the type of delivery, the shipping destination and the settings in the customer account.
The SELLER reserves the right, in individual cases or if payment is refused by credit institutes or providers of the respective payment method, to execute the order only against payment by cash on delivery or in advance. In this case the customer can accept this or withdraw from his order.
Costs that arise from reversing a payment transaction due to insufficient funds or due to incorrectly transmitted data by the customer will be charged to the customer.
Checks are not accepted as a method of payment.
In the event of default in payment, the SELLER is entitled to charge default interest of 5 percentage points to consumers and 8 percentage points above the applicable base rate for entrepreneurs.
Offsetting is not permitted except in the case of counterclaims recognized by the SELLER or legally established. The withholding of payments by the buyer due to counterclaims from other contractual relationships is excluded. "
§ 8. Retention of title
"All goods delivered by the SELLER remain the property of the SELLER until full payment and settlement of all claims from the delivery contract. This also applies to conditional claims.
If the customer is an entrepreneur, the following regulations also apply: Access by third parties to the goods owned or co-owned by the SELLER must be reported by the customer immediately. The customer bears the costs for a third party objection action or costs for an extra-procedural release resulting from such interventions. As a precaution, the customer assigns the claims arising from resale or other legal grounds with regard to the reserved goods (including all balance claims from current accounts) to the SELLER in full. We revocably authorize the buyer / customer to collect the claims assigned to us for his account and in his own name. This direct debit authorization can be revoked if the buyer / customer does not properly meet his payment obligations. "
§ 9. Withdrawal
If the customer is a consumer, he has the right to withdraw from the purchase at any time up to the time of delivery of the ordered goods, unless otherwise agreed in writing. A reason for the withdrawal is not necessary.
§ 10. Right of withdrawal and obligation to return
"If the customer is a consumer, he can revoke the contract declaration within two weeks without giving reasons in writing (e.g. letter, email, fax) or by returning the item. The period begins with receipt of the goods The timely dispatch of the revocation or the goods is sufficient for the revocation period. The revocation must be sent to:
INDOMET GmbH
Amelunxenstraße 13
48167 Münster
Germany
In the case of an effective revocation, the mutually received services are to be returned and any benefits drawn must be surrendered. If the customer cannot return the received goods in whole or in part, or can only return them in a deteriorated condition, the customer may have to compensate the SELLER for the value. This does not apply to the surrender of goods if the deterioration of the goods is solely due to their inspection - as would have been possible in a shop. In addition, the customer can avoid the obligation to pay compensation by not using the goods like an owner and by refraining from anything that affects their value.
Goods that can be sent by parcel post are to be returned or will be picked up by the SELLER at the customer's request. In the case of a return from a delivery of goods, the customer has to bear the costs of the return if the goods delivered correspond to the goods ordered. Otherwise, the SELLER bears the costs of the return as well as the necessary insurance when shipping by insured postal parcel (not "" parcel ""; from € 500.00 the goods must be insured according to the value of the goods). Goods that cannot be dispatched will be collected from the customer.
"
§ 11. Assignability of claims
The customer is not entitled to assign his claims from the contract.
§ 12. Data protection
see data protection at www.indomet.com
§ 13. Final provisions
"These general terms and conditions contain all rights and obligations of the contracting parties. Other agreements or declarations of intent by the contracting parties must be in writing to be legally effective. This also applies to any change in the requirement of the written form.
If the customer is a merchant or does not have a place of residence within the European Union, our place of business is the sole place of jurisdiction for all disputes between the contracting parties, including actions for bills of exchange and checks.
German law applies exclusively to the exclusion of the provisions of the UN sales law. In dealings with end consumers within the European Union, the law at the end consumer's place of residence may also apply, provided that it is a matter of mandatory consumer law provisions.
Should one of these provisions be ineffective, this shall not affect the validity of the remaining provisions. Ineffective provisions are replaced by effective regulations that largely achieve the intended economic purpose. "
INDOMET GmbH
Amelunxenstraße 13
48167 Münster
Germany
Commercial register: Local court Münster HRB 20816
Sales tax identification number: DE358711246