General Terms and Conditions
General Terms and Conditions of Inkognito GmbH
The following general terms and conditions apply to all contracts, deliveries and other services of Inkognito GmbH (hereinafter: Seller) with its customers, who may be consumers or entrepreneurs (hereinafter referred to as "Customer"). The terms and conditions also apply to contracts concluded by the customer via online shops operated by the seller.
Conflicting or deviating terms and conditions will be contradicted, unless otherwise agreed.
The version of the General Terms and Conditions valid at the time of conclusion of the contract shall always apply. The contract language is German.
2. Conclusion of contract
2.1. The customer's order is an offer to conclude a contract. The contract is concluded by accepting the order by the sales, by sending an order confirmation or by sending the goods.
The seller's offers are subject to change and non-binding. The seller reserves the right to reject orders if the order processing violates the rights of third parties or violates the law. In this case, the customer will be informed by e-mail of the rejection of the order.
2.2. The offers on the Internet represent a non-binding invitation to the customer to order goods. The customer can add one or more products to the shopping cart. In the course of the order process, the customer gives his data and wishes regarding Payment method, delivery modalities, etc. Only with the click of the order button does the customer make a binding offer to conclude a purchase contract. The immediate confirmation of receipt of the order by e-mail does not yet constitute acceptance of the customer's purchase offer.
The seller is entitled to accept the customer's offer within 2 working days by sending an order confirmation by e-mail or fax. After fruitless expiry of the period referred to in sentence 1, this is considered a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
When placing an order via the seller's online form, the text of the contract is stored by the seller and sent to the customer in text form (e-mail, fax) after sending his order together with these GTC. The general terms and conditions can be accessed by the customer at any time after conclusion of the contract via the seller's website.
Registered customers can access their past orders via the customer login area.
Before placing the order bindingly via the seller's online order form, the customer can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
Only the German contract language is available for the conclusion of the contract.
The order processing and contact usually takes place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing 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 e-mails sent by the seller or by third parties commissioned by the seller with the order processing can be delivered.
3. Right of revocation for the consumer
Consumers within the meaning of § 13 BGB is generally entitled to a right of revocation.
Further information on the right of revocation can be found in the seller's cancellation policy, which is available at www.inkognito.de.
4.1. The delivery of the goods takes place at the prices valid at the time of order, which are stated when ordering online on the Internet pages. The prices consist of the purchase amount plus Shipping costs, taxes and other price components. The VAT will be shown separately in the statutory amount on the day of invoicing.
4.2. The minimum order value for consumers is 15,-- € value of goods per order, for first orders from entrepreneurs 150,- € net value of goods.
For business customers, the sales units stored in the seller's dealer price list are mandatory.
4.3. The shipping costs are staggered according to weight, scope and delivery method as follows:
Domestic delivery to business customers with an order value of 150,-- € or more is free of charge, with a lower order value, the shipping costs within Germany are 5,-- € net, within the EU 8,-- € net, outside the EU according to actual costs incurred.
Delivery to domestic consumers is free of charge from an order value of 30,-- €, with a lower order value the shipping costs are 4.50 € including statutory VAT. For deliveries to consumers within the EU, the shipping costs are 7,-- € incl. statutory VAT, outside the EU 15,-- € incl. VAT.
4.3. Invoices of the seller are payable net cash within 30 days of the invoice date. In the case of direct debit within one working day, the seller grants a remuneration of 2% discount. Otherwise, a discount deduction is only permitted with a special written agreement between the seller and the customer.
The purchase price is due for payment net (without deduction) immediately upon receipt of the invoice by the buyer, unless another payment term results from the order confirmation. A payment is not deemed to have been made until the seller can dispose of the amount. In the case of cheque payments, payment shall not be deemed to have been made until the cheque is cashed. Bills of exchange are not accepted.
4.4. For online orders, the customer has various payment options available, which are specified in the seller's online shop.
If advance payment has been agreed, payment is due immediately after conclusion of the contract.
Bank charges for payments from abroad are borne by the customer
4.5 If the buyer is in default with a payment, the legal regulations apply. In the case of a returned direct debit, the customer is fully obliged to reimburse the bank fees incurred. The seller will forward any bank fees incurred to the customer.
4.6. Incoming payments will be offset at the seller's discretion against any costs, interest and/or the oldest main claim due. If the solvency of the customer deteriorates after the conclusion of the contract or if the seller subsequently becomes aware that there are concerns about the solvency of the customer, the seller can demand immediate payment of our claims, even if deferral was agreed. Under the same conditions, the seller can demand advance payments or security for deliveries that have not yet been made or withdraw from the contract.
4.7 The customer is only entitled to offset, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established, recognized by the seller or are undisputed. The buyer is only entitled to exercise a right of retention if his counterclaim is based on the same contractual relationship.
5. Supply and shipping
5.1. Delivery dates or deadlines that have not been expressly agreed as binding are exclusively non-binding information. Prerequisite for compliance with delivery deadlines is that the customer fulfills his obligations incumbent on time and that the seller himself is supplied correctly and on time. A failure to deliver on the part of the supplier, for which the seller is not responsible, means that he does not have to deliver himself. The delivery/order contract has thus expired. The seller is not liable for damages if he is not supplied himself. He undertakes to inform the contractual partner immediately and to refund any advance payments of the contractual partner without delay. This only applies to consumers if the seller ordered the goods himself before concluding the purchase contract.
5.2. Unless expressly agreed otherwise, the goods will be delivered to the address specified by the customer. The seller reserves the right to make a partial delivery if this seems advantageous for a prompt processing.
5.3. The dispatch of the goods by the seller takes place as soon as possible after receipt of payment at the expense and risk of the customer [JM8]. The same applies to the arrival and return transport of goods, material, documents, etc., which the customer makes available, even if the seller takes action in this regard. Transport damage must be reported immediately to the carrier, other complaints to the seller. The seller is free to choose the means of transport, costs for an accelerated or special mode of transport desired by the customer are at the expense of the customer. If the goods are ready for dispatch and the shipment is delayed for reasons for which the customer or the recipient is responsible, the risk passes to the customer when the seller informs the readiness for dispatch.
5.4. Delay in delivery by the seller does not entitle the customer to claims for damages, unless the delay in delivery was caused by the seller with intent or gross negligence. Delivery periods are also reasonably extended within a delay in delivery in the event of force majeure, industrial disputes, operational disruptions and other events not caused by the seller, e.g. B. Difficulties in obtaining the supplies necessary for the service. Such circumstances also entitle the seller to withdraw from the contract in whole or in part without becoming liable for damages. A right of withdrawal of the customer remains unaffected.
5.5. In the event of default of acceptance by the customer or violation of other obligations to cooperate, the seller is entitled to claim damages, including any additional expenses. Upon the occurrence of default in acceptance, the risk of accidental deterioration and accidental loss passes to the customer.
5.6. If the seller sends goods to a place other than the place of performance at the request of the customer, the risk passes to the customer as soon as the seller has handed over the item to the transport company. The customer bears the costs of shipment from the place of performance. The seller is not liable for delays in the postal or transport route.
5.7. In the event of changes to the contract that affect the delivery deadlines, the delivery period shall be extended to an appropriate extent.
6. Reservation of title, set-off
6.1. Delivered goods remain the property of the seller until the purchase price has been paid in full. This also applies to all future deliveries, even if the seller does not expressly refer to this. In the case of current account, the reserved property is considered as security for the balance claim.
6.2. The customer is entitled to resell the delivery item in the ordinary course of business. Other dispositions, in particular the pledge or transfer by way of security, are not permitted to the customer. In the event of access by third parties to the reserved goods, the customer is obliged to point out the property of the seller and to notify the seller immediately in writing. The customer is obliged to resell the reserved goods only under retention of title. The authorization to resell no longer applies when the customer ceases to pay.
6.3. The customer already now assigns to the seller all claims arising from the resale against the customer. The customer is prohibited from making agreements with his customer that may in any way exclude or impair the rights of the seller. In particular, the customer may not enter into any agreements that nullify or impair the advance assignment of claims to the seller. The customer remains authorized to collect the claims assigned to the seller even after the assignment. The seller's authority to collect the claims himself remains unaffected, but the seller undertakes not to collect the claims as long as the customer duly fulfils his payment obligations, is not in default of payment and, in particular, there is no application for the opening of insolvency proceedings. The seller can demand that the customer disclose the assigned claims and their debtors, provide all the information necessary for collection, hand over the associated documents and inform the debtor of the assignment. If the delivery item is resold with other goods that do not belong to the seller, the customer's claim against the customer in the amount of the delivery contract agreed between the seller and the customer shall be deemed to have been assigned.
6.4. The retention of title extends to the products resulting from processing, mixing or combining the goods at their full value, whereby the seller is considered the manufacturer. If their property right remains in the event of processing, mixing or combining goods of third parties, the seller acquires co-ownership in proportion to the invoice values to these processed goods.
6.5. In the event of breaches of duty by the customer, in particular in the event of default in payment, the seller is entitled to demand the return of the reserved goods and/or to withdraw from the contract even without setting a deadline. The seller's request for surrender of the reserved goods by the seller does not constitute a declaration of withdrawal, unless this is expressly stated. The return costs are borne by the customer.
6.6. The retention of title in favor of the seller is conditional in such a way that, with the full payment of his claims, ownership of the reserved object passes to the customer without further ado and the assigned claims are due to him.
7.1. Warranty rights of the customer presuppose that the customer has duly fulfilled his obligations to inspect and notify in accordance with § 377 HGB.
7.2. Should, despite all due care, the delivered goods have a defect that was already present at the time of transfer of risk, the seller will, subject to proper notification of defects, carry out a defect correction or new delivery at his discretion. It is always the opportunity to give the seller the opportunity to supplementary performance within a reasonable period of time. If the supplementary performance fails, the customer has the right to reduce or, at his discretion, to withdraw from the contract.
7.3. Claims for defects do not exist in the event of only insignificant deviation from the agreed quality, in the event of only insignificant impairment of usability, in the event of natural wear and tear and tear, as well as in the case of damage caused after the transfer of risk as a result of negligent treatment, excessive stress, inappropriate equipment or due to special external influences that are not required by the contract. If changes are made by the customer or third parties, there are also no claims for defects for these and the resulting consequences.
7.4. Complaints will only be taken into account if they are notified to the seller immediately, within 8 days of receipt of the goods immediately, but no later than 6 months after their discovery.
7.5. The seller is entitled to inspect notified goods at the customer's place of business or to demand transmission itself against reimbursement of costs. The consent of the seller must be obtained before any return.
7.6. Claims of the customer due to the expenses necessary for the purpose of subsequent performance, in particular transport, travel, labor and material costs, are excluded, insofar as the expenses increase because the goods delivered by the seller have subsequently been moved to a place other than the customer's branch, unless the shipment corresponds to the intended use.
7.7. The seller excludes liability for slightly negligent breaches of duty, provided that these do not concern essential contractual obligations, damage resulting from injury to life, limb or health, guarantees or claims under the Product Liability Act. The same applies to breaches of duty by vicarious agents and legal representatives of the seller. The essential contractual obligations include, in particular, the obligation to hand over the item to the buyer free of material and legal defects and to give him ownership of it.
8. Impossibility/withdrawal/claims for damages
8.1The seller is liable in cases of intent or gross negligence in accordance with the statutory provisions. The claim for damages for the violation of essential contractual obligations is limited to the foreseeable damage typical of the contract. The liability of the seller is also limited to the foreseeable damage typical of the contract in cases of gross negligence, provided that there is no injury to life, body or health.
8.2. The above provisions extend to damages in addition to performance and damages instead of performance, regardless of the legal reason, in particular due to defects, breaches of duty arising from the contractual relationship or from tort.
8.3. The liability of the seller for impossibility as well as the liability for delay in performance are limited to a total of 10% of the value of the delivery. Further claims of the customer due to impossibility or delay in performance are excluded - even after expiry of a period set by the seller. The customer's right to withdraw from the contract remains unaffected.
8.4. The customer can only withdraw from the contract within the scope of the statutory provisions if the seller has caused the breach of duty through gross negligence or wilful intent. In the event of breaches of duty, the customer must declare within 2 weeks of the seller's request whether he withdraws from the contract due to the breach of duty or insists on delivery.
9. Data privacy
The customer is aware and agrees that the personal data necessary for the processing of the order will be stored by us. The data will only be used to answer customer inquiries, to process contracts concluded with the customer and for technical administration and will be processed in strict compliance with legal provisions, in particular the Federal Data Protection Act and the Telemedia Act. This data will only be passed on to third parties without the consent of the customer if this is necessary for the purpose of contract processing - in particular transfer of order data to suppliers - or for billing purposes or if the customer has given his prior consent.
10. Final provisions
10.1. The business relations between us and the customers are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Place of performance for all obligations of both parties to the contract is Bielefeld. The court of our headquarters, currently Bielefeld, shall have jurisdiction for all disputes arising from the contractual relationship if the customer is a merchant, a legal entity under public law or a special fund under public law.
10.2. The EU Commission has an Internet platform for online dispute resolution (so-called "ODR platform"). The ODR platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The customer can reach the ODR platform at the following link: http://ec.europa.eu/consumers/odr/
10.3. Should any of the above clauses be or become invalid, the validity of the remaining provisions shall not be affected. The parties undertake to agree instead of the ineffective provision on such a provision that comes closest to the economic purpose of the ineffective provision.
10.4. Collateral agreements, additions and changes to contractual conditions must be in writing. Compliance with them can only be waived in writing in inpidual cases.