Terms & Conditions

Terms & Conditions, Statutory Information

1) Scope/ Company Information

1.1 These Terms and Conditions (hereinafter ‘T&CS’) of the in-trading Handelsgesellschaft mbH, Kurhausstr. 48, 23795 Bad Segeberg, Germany, Managing Director: Markus Gahr, court of registration: Amtsgericht Kiel, register number: HRB 13352 KI (hereinafter ‘vendor’) apply to all contracts concluded by a customer or a contractor within the meaning of the German Civil Code (BGB) (hereinafter ‘customer’) with regard to the services and/or goods offered by the vendor in his online shop. The inclusion of the customer’s own Terms and Conditions is hereby rejected, unless otherwise agreed upon in writing.

 

2) Conclusion of Contract

2.1 The product descriptions contained in the vendor’s online shop do not constitute a binding offer on the part of the vendor, they merely serve as a basis for the submission of a binding offer by the customer.

2.2 The customer can submit an offer via the online order form integrated in the vendor’s online shop. In so doing, the customer, once he has placed the chosen service and or goods into the virtual shopping bag and proceeded through the electronic order process, submits a legally binding offer with regard to the services and/or goods contained in the shopping bag by clicking the button that concludes the order process. Furthermore, the customer can submit an offer to the vendor via post.

2.3 The vendor can accept the customer’s offer within five working days, – by sending the customer a written order confirmation or an order confirmation in text form (email or telefax), whereby in this respect receipt of the order confirmation by the customer is authoritative, or – by delivering the ordered goods to the customer, whereby in this respect receipt of the goods by the customer is authoritative, or – by requesting payment from the customer after the latter has submitted an order.

If several of the aforementioned alternatives exist, the contract comes into force from the point in time when the first of the aforementioned alternatives occurs. If the vendor does not accept the customer’s offer 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 The period for acceptance of the offer begins on the day following submission of the offer by the customer and ends with the expiry of the fifth working day following submission of the offer.

2.5 When an offer is submitted using the vendor’s online order form, the contractual text is stored by the vendor and sent to the customer in text form (e.g. email, telefax or letter) following dispatch of his order together with the present T&CS. The contractual text cannot however be retrieved by the customer via the vendor’s internet site once the order has been dispatched.

2.6 Prior to submitting a binding order via the vendor’s online order form, the customer can correct his entries continuously using the customary mouse and keyboard functions. Moreover, all entries are displayed again in a final confirmation window before a binding order can be submitted. These entries can equally be corrected using the customary mouse and keyboard functions.

 

3) Electronic Communication

3.1 You, the customer, agree that contract-related communication can take place in electronic form.

3.2 The order process and any form of contact will generally take place via email and automated order processing. The customer must ensure that the email address provided by him as part of the order process is correct, so that any emails sent by the vendor can be received by him under this address. When using spam filters, in particular, the customer must ensure that all emails sent by the vendor or by third parties commissioned to process the order can be delivered.

 

4) Right of Withdrawal / Withdrawal Policy
You have the right to withdraw from this contract within a period of fourteen days without stipulating any reasons.
The withdrawal period is fourteen days from the day on which you or a third party named by you, other than the carrier, acquired material possession of the final goods. However, the period will not start before the purchase contract has become legally binding by your acceptance of the purchased item.
In order to exercise your right of withdrawal, you are obliged to inform us: in-trading Handelsgesellschaft mbH, Am Heisterbusch 250, 19258 Gallin, Germany, telephone: +49 38851 314 336, telefax: +49 4551 89392 80, email: [email protected] by means of a clear explanation (e.g. a letter sent by post, telefax or email) about your decision to withdraw from this contract. Though not obligatory, you may use the accompanying template withdrawal form for this purpose.
In order to observe the withdrawal period, it is sufficient to send notice that you are exerting your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal
If you withdraw from this contract, we must repay all payments that we have received from you, including delivery costs (with the exception of additional costs that result from you having chosen a different type of delivery to the economical standard delivery we offer) without delay and at the latest within fourteen days from the day on which notice of your withdrawal from this contract was received by us. For this repayment, we will use the same means of payment that you used during the original transaction, unless explicitly agreed otherwise with you; in no event will fees be charged to you as a consequence of this repayment. We may refuse repayment until we have received the goods to be returned or until you provide proof that you have returned the goods, depending on which of these events occurs earlier.
You must return or hand over the goods without delay, and in any event within fourteen days at the latest from the day on which you informed us of your withdrawal from this contract. The withdrawal period is considered to be observed if you dispatch the goods to us before the period of fourteen days has expired.
You are liable for the immediate costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the condition, properties and functioning of the goods.
End of withdrawal policy

4.1 Exclusion/expiry of right of withdrawal

According to § 312g Para. 2 BGB, the right of withdrawal does not apply among other things to contracts for the delivery of goods that are not prefabricated and where the manufacturing thereof is determined by the customer’s individual selection or provision, or are clearly tailored to the personal requirements of the customer. Moreover, it expires prematurely in the case of contracts to deliver sealed goods that for reasons of health protection or hygiene are unsuitable for returning if their seal has been removed after delivery.

 

5) Prices / Terms of Payment

5.1 Validity of prices 
The prices given in the online shop are euro prices (including statutory value-added tax).

5.2 Unless otherwise stated in the vendor’s product description, the indicated prices are total prices that include statutory value-added tax.

Any additional shipping and delivery costs will be listed separately in the respective product description.

5.3 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases, for which the vendor is not responsible and which must be carried by the customer. These include the costs of money transfers by banks (e.g. transfer fees, exchange rate fees) or import levies and taxes (e.g. customs duties). Such costs may also arise in relation to money transfers when delivery does not take place to a country outside the European Union, however the customer performs payment from a country outside the European Union.

5.4 Payment takes place in the form of prepayment against invoice, credit card, PayPal, immediate transfer or cash on delivery.

5.4.1 Cash on delivery 
When cash on delivery is selected as the payment method, an additional cost of 4.00 EUR is incurred. Moreover, an additional 2.00 EUR must be paid directly to the delivery agent.

5.4.2 Credit card 

Your credit charge is charged when the order process is complete.

5.4.3 PayPal 

If the payment method ‘PayPal’ is selected, payment processing is handled by the payment provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under application of the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. This presupposes, among other things, that the customer opens a PayPal account or already has such an account at his disposal.

5.4.4 Invoice 

In cooperation with Cession Pay GmbH, the vendor offers you purchase on account as a payment option. When making a payment with Cession Pay GmbH, you never have to give your account details and you only pay once you are in receipt of the goods. In the case of purchase on account, delivery to a different delivery address to that of the invoice address is not possible. We request your understanding in this matter. When buying via invoice with Cession Pay GmbH, you always receive the goods first and subsequently have a payment term of 14 days upon receipt of invoice. Further information and the complete Terms and Conditions of purchase on account can be found here. The vendor does not charge a service fee for purchases on account.
The payment term begins upon receipt of invoice by the customer (however not before receipt of the goods in the condition owed). The payment term is 14 days from receipt of invoice by the customer. The receipt of money by the vendor or payment provider stipulated in the invoice is authoritative. Default of payment begins from the 15th day after receipt of invoice.

5.5 Reservation of restriction of payment method 

To protect against credit risk, the vendor reserves the right to only offer certain methods of payment for the delivery requested by the customer, corresponding with the latter’s respective creditworthiness. In individual cases the vendor reserves the right to deliver the goods only after a deposit has been paid. The vendor will coordinate this with the customer upon receipt of the order.

 

6) Delivery and Shipping Conditions

6.1 The delivery of goods takes place exclusively by shipping to the delivery address given by the customer, unless otherwise agreed. Collection in person is not possible. In processing the transaction, the delivery address provided in the vendor’s order process is authoritative. An exception to this is selection of the payment method PayPal in which the delivery address stored by the customer at the time of payment via PayPal is decisive.

6.2 If the dispatched goods are returned to the vendor by the transport company, as delivery to the customer was not possible, the customer is liable for the costs of unsuccessful shipping. This does not apply if the customer effectively exercises his right of withdrawal, or if he is not liable for the circumstances that led to the delivery not being possible, or if he was temporarily prevented from accepting the offered service, unless the vendor has given reasonable advance notice of the service.

 

7) Reservation of Proprietary Rights
The goods remain our property until payment in full has been received.

 

8) Information on Defect Liability / Customer Service
Statutory defect liability applies.
You can contact our customer service team with any questions, complaints and claims by directing an email to: [email protected]

 

9) Contractual Language / Storage of Order Text / Applicable Law
The contract is concluded in the German language. The order text is not stored by the vendor and can no longer be accessed after conclusion of the order process. You can however print your order details directly after your order has been sent.
The law of the Federal Republic of Germany applies to all legal relationships of the parties, excluding the laws on the international purchase of movable goods. For consumers this choice of law applies only insofar as the guaranteed protection has not been withdrawn through compelling provisions of the law of the country in which the consumer has his or her habitual residence.

 

Withdrawal Form
If you wish to withdraw from the contract, please complete this form and return it to us.
in-trading Handelsgesellschaft mbH, Am Heisterbusch 250, 19258 Gallin, Germany, telefax: +49 4551 89392 80, email: [email protected]

 

I/We (*) hereby withdraw from my/our (*) concluded contract of sale of the following goods (*)/provision of the following service (*)
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Ordered on (*) ____________ / Received on (*) __________________
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Name of customer(s)
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Address of customer(s)
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Signature of customer(s) (only in the case of paper notifications)
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Date


(*) Delete as applicable

The European Commission provides a platform for online dispute resolution. This platform can be found at: http://ec.europa.eu/consumers/odr/. We are prepared to take part in a dispute settlement process before a consumer arbitration board.