1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of, acting under the company name "Ifratech GmbH" (hereinafter "Seller"), apply to all contracts for the supply of goods that an entrepreneur (hereinafter "Customer") with the Seller with respect to the goods presented by the seller in his online store. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 These GTC also apply exclusively if the seller executes the delivery to the customer without any special reservation, despite being aware of terms and conditions of the customer that conflict with or deviate from these conditions.
1.3 For contracts for the delivery of digital content, these terms and conditions apply accordingly, unless expressly otherwise stipulated.
1.4 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that, in concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
1.5 Entrepreneurs within the meaning of these terms and conditions are also public authorities or other bodies governed by public law if they act exclusively under private law upon conclusion of the contract.
2) Conclusion of the contract
2.1 The product descriptions displayed in the online shop of the seller do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods and / or services in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer with regard to the goods and / or services contained in the shopping cart , Furthermore, the customer can also submit the offer via e-mail or via the online contact form to the seller.
2.3 The seller can accept the offer of the customer within five days, - by providing the customer with a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or - by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or - by asking the customer to pay after submitting his order, or - if payment is offered by direct debit and the customer chooses this method of payment by collecting the total price from the customer's bank account, in which case the time at which the customer's account is charged is decisive. If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When placing an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). In addition, the text of the contract is archived on the seller's website and can be called up by the customer via his password-protected customer account with the corresponding login data, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.5 Before placing the order on the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with whose help the presentation enlarged on the screen. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails 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 with the order processing can be delivered.
2.8 If the parties have agreed special conditions, these shall in principle not apply to simultaneous and future contractual relationships with the customer.
2.9 In case of economic inability of the customer to fulfill his obligations towards the seller, the seller can terminate existing exchange contracts with the customer without notice. This also applies to a petition for insolvency of the customer. § 321 BGB and § 112 InsO remain unaffected. The customer will inform the seller in writing about an imminent insolvency.
3) Prices and terms of payment 3.1 Unless otherwise stated in the seller's product description, the prices quoted are net prices, plus statutory sales tax. Packaging and shipping costs, loading, insurance (in particular transport insurance), customs duties and duties may be charged separately.
3.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which must be borne by the customer. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges) or import duties or taxes (for example, customs duties). Such costs may be incurred in relation to the transfer of funds even 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.
3.3 The customer has various payment options available, which are specified in the online shop of the seller.
3.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
3.5 If the payment method Delivery on account is selected, the purchase price becomes due after the goods have been delivered and invoiced.
3.6 If the payment method delivery on account is selected, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deductions, unless otherwise agreed. The seller reserves the right to carry out a credit check on selection of the payment method delivery on account and to reject this method of payment if the credit check is negative.
3.7 A payment is deemed to have been received as soon as the equivalent value has been credited to one of the Seller's accounts. In case of late payment, the seller is entitled to default interest of 10 percentage points above the respective base interest rate. The remaining statutory rights of the seller in case of default of the customer remain unaffected. If receivables are overdue, incoming payments are credited first to any costs and interest, then to the oldest claim.
3.8 If unpredictable cost increases occur (such as currency fluctuations, unexpected price increases by suppliers, etc.), the seller is entitled to pass on the price increase to the customer. However, this only applies if the delivery is to be made later than four months after the conclusion of the contract, as agreed.
4) Delivery and shipping conditions
4.1 The delivery of goods takes place on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.
4.2 The seller is entitled to partial deliveries, as far as this is reasonable for the customer. In the case of permissible partial deliveries, the seller is entitled to submit partial invoices as well.
4.3 The seller reserves the right to withdraw from the contract in case of improper or improper self-delivery. This only applies in the event that the non-delivery is not responsible for the seller and this has completed with the required care, a concrete hedging transaction with the supplier. The seller will make reasonable efforts to maintain the wato get back. In the case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
4.4 The risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer as soon as the seller has delivered the goods to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. This also applies if the seller bears the costs of the transport. A transport insurance is only on special request and on account of the customer.
4.5 If a delivery is not possible for reasons for which the customer is responsible, e.g. because the goods do not fit through the front door, front door or staircase of the customer, or because the customer is not found under the delivery address specified by him, although the delivery date has been announced to the customer with reasonable notice, the customer bears the cost of unsuccessful delivery and is obliged to pay a lump-sum compensation. This is for each full week of delay 1%, but in total no more than 8% of the value of the total delivery or the unaccepted part of the total delivery. The parties are at liberty to prove higher or lower damages.
4.6 In the event that the shipment of the goods to the customer for reasons for which he is responsible, delayed, the transfer of risk is already on notification of readiness to ship to the customer. Any storage costs incurred shall be borne by the customer after the transfer of risk.
4.7 In the case of self-pickup, the seller first informs the customer by e-mail that the goods ordered by him are ready for pickup. After receiving this e-mail, the customer can pick up the goods after consultation with the seller. In this case, no shipping costs will be charged.
4.8 Digital content will be provided to the customer exclusively in electronic form as follows: - by email
4.9 Order articles are ordered extra for you and are excluded from return or exchange.
5) Grant of rights of use for digital content
5.1 Unless otherwise stated in the content description in the online shop of the seller, the seller grants the customer the non-exclusive, locally and temporally unlimited right to use the provided content for private as well as business purposes.
5.2 The transfer of the content to third parties or the production of copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has consented to a transfer of the contractual license to the third party.
5.3 The granting of rights is in accordance with. § 158 para. 1 BGB becomes effective only if the customer has fully paid the owed remuneration. The seller may allow the use of the contractual content even before this time provisionally. A transfer of rights does not take place through such provisional permission.
6) Force majeure
In the case of force majeure events that affect the performance of the contract, the seller is entitled to postpone the delivery for the duration of the impediment and to withdraw in whole or in part in the case of long-term delays, without any claims against the seller. Force majeure shall be deemed to be any unforeseeable event for the Seller or any event which, even if foreseeable, is beyond the control of the Seller and whose effect on the performance of the Contract can not be prevented by the Seller's reasonable efforts. Any legal claims of the customer remain unaffected.
7) Delay of performance at the request of the customer
If the delivery or delivery of the goods is delayed by more than one month after notification of readiness for shipment, the customer may be charged storage fees amounting to 0.5% of the purchase price, but no more than 5% of the purchase price, for each additional month started , The proof of a higher or lower damage is left to the contracting parties.
8) Retention of title
8.1 The seller reserves the ownership of the delivered goods until full payment of the purchase price owed. Furthermore, the seller reserves ownership of the delivered goods until all his claims arising from the business relationship with the customer have been fulfilled.
8.2 In the case of processing the delivered goods, the seller is considered the manufacturer and acquires ownership of the newly created goods. If processing takes place together with other materials, the seller acquires ownership in proportion to the invoice value of his goods to that of the other materials. If, in the case of the connection or mixing of the goods of the seller with a thing of the customer, these are to be regarded as the main object, the co-ownership of the goods in the ratio of the invoice value of the goods to the seller for billing or, failing that, to the market value of the main thing - to the seller about. In these cases, the customer is the custodian.
8.3 Objects subject to reservation of title or title may neither be pledged nor assigned as security by the customer. The customer is only allowed as a reseller resale in the ordinary course of business on the condition that the seller of the customer's claims against his customers in connection with the resale have been effectively assigned and the customer transfers ownership to his customer, subject to the payment. By concluding the contract, the customer transfers his claims in connection with such sales against his customers to the seller, who accepts the assignment at the same time.
8.4 The customer must immediately inform the seller of the property or co-ownership of the goods or the assigned claims. He shall immediately transfer to the seller any sums he has assigned to the seller insofar as his claim is due.
8.5 If the value of the seller's security interests exceeds the amount of the secured claims by more than 10%, the seller will release a corresponding share of the security interests at the customer's request.
9) Liability for defects / warranty If the purchased item is defective, the provisions of the statutory liability for defects shall apply. Deviating from this:
9.1 Claims for defects do not arise in the case of natural wear or damage arising after the transfer of risk as a result of faulty or negligent handling, excessive use, unsuitable operating resources or due to special external influences which are not required under the contract. If the customer or a third party improperly changes or repairs made, there are also no claims for defects for these and the consequences thereof, unless the customer can prove that the reported fault was not caused by these changes or repair work.
9.2 For new goods, the limitation period for claims for defects is one year from the passing of risk. For used goods, the rights and claims for defects are excluded.
9.3 The above-mentioned limitations of liability and shortening of the limitation period do not apply - for items that have been used for a building in accordance with their normal use and have caused its defectiveness, - for damages and reimbursement of expenses of the customer, - in the event that the seller has fraudulently concealed the defect, as well as - for the recourse claim according to § 478 BGB.
9.4 In the case of supplementary performance, the seller has the option of repair or replacement.
9.5 If a replacement is made within the scope of the liability for defects, the statute of limitations does not start again.
9.6 If the supplementary performance has been effected by means of a replacement delivery, the customer is obliged to return the goods delivered first within 30 days to the seller. The return package must contain the reason for the return, the customer name and the number assigned for the purchase of the defective goods, which allows the seller to assign the returned goods. As long as and to the extent that the assignment of the return for reasons for which the customer is responsible, is not possible, the seller is not obliged to accept returned goods and to repay the purchase price. The cost of a new shipment is borne by the customer.
9.7 If the seller delivers a defect-free item for the purpose of supplementary performance, the seller can claim compensation from the customer in accordance with Art. Section 346 (1) BGB. Other legal claims remain unaffected.
9.8 If the customer acts as a merchant i.S.d. § 1 HGB, it meets the commercial investigation and reprimand according to § 377 HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
10) Liability
The seller shall be liable to the customer for all contractual, contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
10.1 The seller is fully liable for any legal reason - in case of intent or gross negligence, - intentional or negligent injury to life, body or health, - on the basis of a guarantee, unless otherwise stipulated, - due to mandatory liability, such as under the Product Liability Act.
10.2 If the seller negligently violates a material contractual obligation, the liability shall be limited to the contractually typical, foreseeable damage, unless unlimited liability is assumed in accordance with the preceding clause. Essential contractual obligations are obligations which the contract imposes upon the seller according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which is the proper execution of the contract in the first place and on the compliance of which the customer may regularly rely.
10.3 Incidentally, a liability of the seller is excluded.
10.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
11) Statute of limitations Claims of the customer vis-à-vis the seller expire - with the exception of the claims regulated under the point "Liability for defects" - within one year from the knowledge of the facts proving the claim, but at the latest within five years after performance of the service, unless unlimited liability according to the above clause ,
12) Retention, assignment
12.1 Rights of retention and refusal of performance of the customer are excluded, unless the seller does not contest the underlying counterclaims or these are legally established.
12.2 An assignment of claims from the contract concluded with the customer by the customer, in particular an assignment of any warranty claims of the customer, is excluded.
13) Indemnification for infringement of third party rights If, after the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to the customer's specifications, the customer must ensure that the content provided to the seller by him for the purpose of processing does not infringe the rights of third parties (eg copyrights or Trademark rights). The customer indemnifies the seller against claims of third parties which they may assert against the seller in connection with a breach of their rights as a result of the contractual use of the contents of the customer by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and legal fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obligated to immediately, truthfully and completely provide the seller with all information necessary for the examination of the claims and a defense.
14) Applicable law, jurisdiction
14.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods.
14.2 If the customer acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is located outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract. However, in the above cases, the seller is in any case entitled to call the court at the customer's place of business.