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1. Scope of application

For all orders via our online shop by consumers and entrepreneurs, the following terms and conditions apply.

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to this.

2. Contracting party, conclusion of contract

The purchase contract is concluded with Innotrading - Alexander C. Barth.

By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping cart. Immediately after sending the order you will receive another confirmation by e-mail.

3. Contract language, contract text storage

The languages available for the conclusion of the contract are German and English.

We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. Terms of delivery

In addition to the indicated product prices shipping costs may apply. You can find out more about shipping costs in the offers.

We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.

We do not deliver to packing stations.

 

 

5. Payment

The following payment methods are available to you in our shop:

Prepayment
When selecting the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit CardBy
Submitting your order, you enter your credit card details. Once you have been identified as the legitimate cardholder, the payment transaction is automatically carried out and your card debited.

PayPal PlusWith
The payment service PayPal Plus offers you different payment methods like PayPal. You will be redirected to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment order to PayPal.

If you have chosen the payment method PayPal, you have to be registered there in order to pay the invoice amount, or you have to register first and legitimize with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further information during the ordering process.

6. Right of revocation

Consumers are entitled to the statutory right of revocation as described in the revocation instructions. Entrepreneurs are not granted a voluntary right of revocation. Hygiene articles are excluded from exchange. We only replace defective articles that have been damaged during transport.

7. Retention of title

The goods remain our property until full payment has been made.
In addition, the following applies to entrepreneurs: We reserve the right to ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

8. Transport damage

For consumers applies: If goods with obvious transport damages are delivered, please report these issues as soon as possible and contact us immediately. Failure to complain about a defect on the product and to contact us immediately will not have any consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

 

9. Warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
If used goods are purchased by consumers, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the passing of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
In relation to entrepreneurs, only our own details and the manufacturer's product descriptions which were included in the contract shall apply as an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery).
The foregoing limitations and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents -
 in the event of injury to life, body or health - in the event of
 wilful or grossly negligent breach of duty as well as fraudulent intent - in
 the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations
) - within the framework of a guarantee promise, insofar as agreed -
 insofar as the scope of application of the Product Liability Act has been opened up.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

10. Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation- in
 the event of injury to life, body or health- in the event of
 intentional or grossly negligent breach of duty- in the
 event of promises of guarantee, insofar as agreed, or-
 insofar as the scope of application of the Product Liability Act has been opened up.
In the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

 

11. Dispute settlement

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration board.

12. Final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our place of business.

AGB created with the Trusted Shops Rechtstexter in cooperation with Wilde Beuger Solmecke Rechtsanwälte