General Terms and Conditions
General Terms and Conditions
Interquell GmbH, Bahnhofstraße 94, 86845 Großaitingen, referred to as the Merchant below.
§ 1 General, definitions
(1) The version of the following General Terms and Conditions (T&Cs) valid at the time of the order apply to the commercial relationship between the Merchant and the Customer.
(2) A consumer is any natural person who concludes a legal transaction for purposes that are primarily unrelated to either their commercial or their own independent professional activities. A business for the purposes of these T&Cs is any natural or legal person or legal partnership that is exercising its commercial or independent professional activity at the time of concluding the legal transaction. Customers for the purposes of these T&Cs are both consumers and businesses.
(3) Individual contractual agreements have priority over these T&Cs. Different, contrary or supplementary T&Cs shall not become part of the contract unless their validity is expressly agreed.
§ 2 Conclusion of a contract
(1) All offers by the Merchant contained in brochures, advertisements and other promotional materials are non-binding unless they are expressly described as firm offers.
In particular, the presentation of the merchandise on the Merchant’s website does not represent an offer in the legal sense; it is merely an invitation to the customer to make an offer in the legal sense.
The ordered merchandise may reasonably differ slightly from the merchandise represented on the Internet due to technical display issues; in particular there may be differences in colour to a reasonable extent.
(2) Orders from Customers may be made via the Merchant’s website, by email, by telephone, by fax or in writing.
The Customer’s order represents a binding offer to conclude a purchase agreement for the ordered merchandise.
(3) The Merchant will immediately confirm receipt of the Customer’s order by fax or email.
a) For orders via the online shop, the Merchant will immediately confirm receipt of the Customer’s order by fax or email.
In this case and for prepayment / payment by bank transfer the purchase agreement does not enter into force when this order acknowledgement is sent; it enters into force when a separate email is sent with a confirmation of order or when the merchandise is delivered. In the event of prepayment / payment by bank transfer, the Merchant is entitled to accept the contractual offer contained in the order within 2 working days. This corresponds to an acceptance if the Merchant delivers the ordered merchandise within this period.
In the case of payment by PayPal, direct debit (by PayPal Plus), credit card (by PayPal Plus) or invoice (by PayPal Plus) the contract enters into force when the Customer issues payment instructions. For a contract to have been effectively concluded, the order process must always have been completed by the sending of the order.
b) In the case of orders outside the Merchant’s online shop, and in the event of prepayment / payment by bank transfer or invoice, the purchase agreement does not enter into force when this order acknowledgement is sent; it enters into force when a separate email is sent with a confirmation of order or when the merchandise is delivered. In the event of prepayment / payment by bank transfer, the Merchant is entitled to accept the contractual offer contained in the order within 2 working days. This corresponds to an acceptance if the Merchant delivers the ordered merchandise within this period.
In the case of payment by PayPal, the contract enters into force when the Customer issues payment instructions. For a contract to have been effectively concluded, the order process must always have been completed by the sending of the order.
(4) The contract is conditional upon the availability of the correct supplies. This only applies if the non-delivery of such supplies is not attributable to the Merchant and the Merchant has concluded a specific covering transaction with his own supplier with the appropriate due care. The Merchant shall make every reasonable effort to procure the merchandise, otherwise the payment made will be reimbursed immediately. In the event that the merchandise is not available, the Customer will be informed immediately.
(5) If the Customer orders the merchandise electronically, the contract text will be stored by the Merchant and sent to the Customer by e-mail together with the legally valid and applicable T&Cs when the contract is concluded.
§ 3 Retention of title
(1) With respect to consumers, the Merchant retains ownership of the merchandise until the purchase price has been paid in full. With respect to businesses, the Merchant retains ownership of the merchandise until all receivables arising from an ongoing business relationship have been settled in full.
(2) If the Customer is in breach of the contract, particularly if the Customer is in payment arrears, has provided false information concerning his creditworthiness or if application is made to start insolvency proceedings, the Merchant – after setting a time limit if appropriate – is entitled to withdraw from the contract and demand return of the merchandise if the Customer has still not paid or has not paid in full for the merchandise.
(3) The business is entitled to sell on the merchandise in the normal course of business. It shall then assign to the Merchant all receivables up to the amount of the invoice total that it accrues from the resale to a third party. The Merchant shall accept such assignment. The business is authorised to collect the receivables after assignment. The Merchant reserves the right to collect the receivables himself as soon as the business fails to properly meet its payment obligations and is in payment arrears.
(4) The Merchant undertakes at the Customer’s request to release the collateral to which he is entitled when the realisable value of the collateral exceeds the receivables to be secured by more than 10%. The Merchant shall decide on the collateral to be released.
§ 4 Remuneration
(1) The Customer undertakes to pay the total price within 14 days of receipt of the confirmation of order by email or the invoice. The Customer is in payment arrears when this period has elapsed. During the period of arrears, the consumer is to pay interest on the debt amounting to 5 percentage points over the base rate of interest. During the period of arrears, the business is to pay interest on the debt amounting to 9 percentage points over the base rate of interest. If the business remains in arrears after being sent a payment reminder, the business will also owe a one-off payment of 40 Euros. This will also apply if the business is in arrears with an instalment payment or any other staged payment. The Merchant reserves the right to claim higher compensation from the business. The lump sum described in sentence 5 will be added to any claim for compensation owed provided that the loss is justified in the costs for the legal action.
(2) The Customer is only entitled to offset if his counterclaims have been established as final and absolute, are acknowledged or are undisputed by the Merchant. This shall not affect the purchaser’s right to offset contractual and other claims arising from the initiation or implementation of this contractual relationship. The Customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 5 Payment options
(1) The Customer may pay the purchase price of an order via the Merchant’s online shop by prepayment/bank transfer, PayPal, direct debit (by PayPal Plus), credit card (by PayPal Plus) or invoice (by PayPal Plus).
• For payment by PayPal, the Customer must log in at www.paypal.de. The terms of service of paypal.de [www.paypal. de] apply.
• In the case of payment by credit card (by PayPal Plus), direct debit (by PayPal Plus) or invoice (by PayPal Plus), the payment is processed via PayPal. This does not require a PayPal account.
(2) The Customer may pay the purchase price of an order outside the Merchant’s online shop by prepayment/bank transfer or invoice.
§ 6 Delivery
(1) Unless otherwise agreed, the Merchant delivers exclusively to Germany.
(2) The delivery time is specified in the offer. The start of the delivery period is determined as described in para. 3 to 5 (according to the selected payment method).
(3) In the case of payment by prepayment / bank transfer, PayPal, direct debit (by PayPal Plus), credit card (by PayPal Plus) or invoice (by PayPal Plus) the delivery period starts one day after issue of the payment instructions. For all other payment methods, the period starts one day after the order.
(4) If the period starts or ends on a Saturday, Sunday or statutory public holiday, the start or end of the period is put back to the next working day.
(5) The Merchant refers to § 2 para. 4 of these T&Cs with respect to the condition relating to the availability of the correct supplies.
(6) The Merchant is entitled to make partial deliveries if a partial delivery can be reasonably expected by the Customer with due regard to his interests. This shall not affect the content of the contract, particularly the service owed by the Merchant or the agreed performance period. The Customer shall not incur any additional costs due to the partial delivery.
§ 7 Transfer of risk
(1) For consumers, the risk of accidental loss and accidental deterioration of the sold merchandise is transferred when the merchandise is handed over to the Customer, even for mail order purchases.
(2) For businesses, the risk of accidental loss or deterioration of the merchandise is transferred to the business as soon as the Merchant has handed the merchandise over to the carrier, freight forwarder or other person or organisation appointed to carry out the shipment.
(3) The transfer is the same if the Customer delays acceptance of the merchandise.
§ 8 Warranty
(1) The Customer has a statutory right to a warranty which is modified as described in §§ 8 and 9 of these T&Cs.
(2) Ordered merchandise may reasonably differ slightly from the merchandise shown on the Internet. Reference is made to § 2 para. 1 of these T&Cs.
(3) Consumers have the choice of demanding retrospective fulfilment by repair or replacement. The Merchant is entitled to refuse the selected retrospective fulfilment method if it is only possible at disproportionate cost and the other retrospective fulfilment method does not have significant disadvantages for the consumer. For businesses, the Merchant guarantees the merchandise against defects by repair or replacement, initially at his own discretion.
(4) If the retrospective fulfilment fails the Customer may, at his own discretion, demand a lowering of the purchase price (reduction) or cancellation of the contract (withdrawal); the Customer may also demand compensation rather than performance. The Customer has no right of withdrawal for minor defects – with due regard to the interests of both parties. In place of compensation rather than performance, under § 284 of the German Civil Code, the Customer may demand reimbursement of wasted expenses that he has incurred and might reasonably incur in expectation of receiving the merchandise. If the Customer opts for compensation rather than performance, the limitations of liability set out in § 9 para. 1 of these T&Cs apply.
(5) Businesses must notify the Merchant of obvious defects in the delivered merchandise within 2 weeks of receipt of the merchandise; otherwise no warranty claims may be made. Timely dispatch or notification is sufficient to meet the deadline. § 377 of the German Commercial Code applies to traders.
(6) If the customer is a business, only the Merchant’s product description is deemed to have been agreed as the condition of the merchandise. In addition, the manufacturer’s public statements, promotions or advertising do not represent the contractual condition of the merchandise.
(7) The warranty period for consumers is 2 years from delivery of the merchandise. By way of departure from this, the warranty period for businesses is 1 year from delivery. The one-year warranty period shall not apply if accusations of gross negligence can be made against the Merchant, in the event of physical injury or damage to health that is attributable to the Merchant and in the event of the death of the Customer, in warranty cases and in the event of recovery from a supplier in accordance with § 478 of the German Civil Code. This in no way affects the Merchant’s liability under the Product Liability Act.
(8) By way of departure from para. 7, the statutory period of limitation shall apply if the Merchant has fraudulently concealed a defect.
(9) Unless otherwise expressly agreed, the Merchant offers the Customer no guarantees in the legal sense. This does not affect manufacturer’s warranties.
§ 9 Limitations of liability
(1) For slightly negligent breaches of duty, the liability is limited to the average damage typical under the contract that is foreseeable for the type of merchandise. This also applies to slightly negligent breaches of duty by the Merchant’s legal representatives, vicarious agents or persons employed in fulfilment of his obligations. The Merchant is not liable in the event of a slightly negligent breach of minor contractual obligations. On the other hand, he is liable for a breach of the rights of the Customer that are essential to the contract. Rights that are essential to the contract are those that the contract must grant to the Customer according to the content and purpose of the contract. Furthermore, the Merchant is liable for breaches of obligations which must be fulfilled for proper execution of the contract and on the observance of which the customer must be able to rely.
(2) The above limitations of liability do not concern claims by the Customer arising from warranties and/or product liability. Furthermore the limitations of liability do not apply in the event of fraud, of breach of obligations essential to the contract and of physical injury and damage to health attributable to the Merchant and of loss of the Customer’s life.
(3) The Merchant is only liable for his own content on the website containing his online shop. If links are used to allow access to other websites, the Merchant is not responsible for the external content contained on them. It does not make the external content his own. If the Merchant becomes aware of illegal content on external websites, he will immediately block access to such websites.
§ 10 Force majeure
(1) If the Merchant is unable to provide his service or is unable to provide his service on time due to events of force majeure, the Merchant is entitled to postpone the delivery by the duration of the obstacle.
(2) Force majeure includes all events that are or were unforeseeable to the Merchant or – even if they were foreseeable – are or were outside the Merchant’s sphere of influence and the Merchant is or was unable to prevent their effects on fulfilment of the contract with reasonable effort.
(3) If the Customer cannot be expected to accept the service (declaration) due to the delay, he may withdraw from the contract by sending an appropriate declaration in text form (letter, fax, email) to the Merchant.
(4) One month after the commencement of the force majeure, the Merchant and Customer are entitled, after sending an appropriate declaration in text form (letter, fax, email), to withdraw from the contract if the event of force majeure continues until that date. In the event of such a withdrawal, no further claims may be derived against the other party in addition to the resulting rights as described in §§ 346 ff. of the German Civil Code, particularly reimbursement for services already received.
(5) The above paragraphs also apply accordingly for other events that were not foreseeable at the time the contract was concluded due to the Coronavirus (e.g. problems in obtaining materials or energy, transport delays, workforce, energy or raw materials shortages or official measures or failed or late delivery by suppliers) that are not attributable to the Merchant.
(6) The statutory rights of the Customer are not affected by the above provisions.
§ 11 Final provisions, dispute resolution
(1) The law of the Federal Republic of Germany shall apply. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only to the extent that the granted protection is not withdrawn due to overriding provisions of the law in the country in which the consumer is normally resident. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply. This does not affect §20 para. 1, 1 1 page 8 of the German Teleservice Data Protection Act.
(2) If the Customer is a businessman, legal person under public law or a special fund under public law, the jurisdiction for any disputes arising from this contract is the competent court at the registered office of the Merchant, unless no exclusive jurisdiction is specified. However the Merchant is also entitled to bring an action against the businessman at the court in his place of residence or registered office. This does not affect the competence arising from an exclusive place of jurisdiction.
(3) We are required to inform you that an appropriate online platform is provided by the European Commission for the purposes of such online dispute resolution. You can access this platform using the following link: https://ec.europa.eu/consumers/odr [Link ]. In this context, we are also required to inform you of our email address. This is: info(at)interquell.de
We are neither prepared nor required to participate in dispute resolution proceedings before a consumer arbitration panel.