General Terms and Conditions of Business (GTC) of ikra GmbH
Applicability & Defence Clause
(1) The version of the following General Terms and Conditions of Business applicable at the time of the order alone shall apply to legal relations established between the operator of the shop (hereinafter referred to as the "Vendor") and its customers via this Internet shop.
(2) Any conflicting Customer General Terms and Conditions of Business shall be rejected. These shall therefore only be effective if expressly confirmed in writing by the Vendor.
Contract Conclusion
(1) The presentation of goods within the Internet shop shall not constitute any binding offer on the part of the Vendor to conclude a sales agreement. The Customer is hereby merely encouraged to make an offer by placing an order.
(2) By placing the order in the Internet shop, the Customer shall issue a binding offer to conclude a sales agreement regarding the goods contained in the shopping basket. By submitting the order, the Customer also acknowledges the present Terms and Conditions of Business as solely applicable to the legal relationship with the Vendor.
(3) The Vendor shall confirm receipt of the Customer's order by sending an email confirmation. This order confirmation shall not yet constitute acceptance of the offer to conclude an agreement on the part of the Vendor. It shall merely serve to inform the Customer that the order has been received by the Vendor. Declaration of acceptance of the offer to conclude an agreement shall be given by delivery of the goods or an express acceptance declaration.
Consumers' Right to Cancel within the Meaning of Section 13 of the German Civil Code
Cancellation policy:
Right to cancel
You may withdraw your contractual acceptance within 2 weeks, without justification, in written or electronic form (e.g. letter, fax or email) or - where the items are sent to you before expiry of the term - by returning the items. The period shall commence following receipt of this policy in written or electronic form but not before receipt of the goods by the recipient (in the case of periodic delivery of similar goods, not before receipt of the first partial delivery) and not before fulfilment of our duty to inform pursuant to section 312c, para. 2 of the German Civil Code, as amended by section 1, paras. 1, 2 and 4 of the Ordinance on Information Duties as an Annex to the German Civil Code and our obligations under section 312e, para. 1, sentence 1 of the German Civil Code, as amended by section 3 of the Ordinance on Information Duties as an Annex to the German Civil Code. Timely sending of the cancellation or the items shall be deemed adherence to the cancellation period.
The cancellation should be addressed to:
ikra GmbH
Schlesier Str. 36
D-64839 Münster-Altheim
Consequences of cancellation
In the case of an effective cancellation payments received on both sides are to be returned and, where applicable, any profits obtained (e.g. interest) surrendered. Where you are only, for fully or partially, able to return the benefit received to us in deteriorated condition, you shall be required, where applicable, to pay us compensation. In the case of handing over goods, this shall not apply where the deterioration of the goods is attributable solely to their inspection - as would have been possible for you with a shop transaction. Apart from that you may avoid the obligation to pay compensation for damage caused by the intended use of the items by not using the items as your own property and by refraining from any thing which may affect the value thereof. Items which can be shipped in packages are to be returned at our risk. You shall be required to bear the costs of the return where the goods supplied correspond with those ordered and where the price of the items to be returned does not exceed a sum of EUR 40.00 or where, in the case of a higher price, you have not yet provided consideration or made a contractually agreed part payment at the time of the cancellation. Otherwise the return shall be free of charge for you. Items that can not be shipped in packages will be collected from you. Obligations to refund payments musts be fulfilled within 30 days. For you this period shall commence upon sending your notice of cancellation or upon dispatch of the goods and for us, upon receipt thereof.
Special Information
In the case of a service, your right to cancel shall expire early if your contracting partner has commenced with provision of the service with your express consent prior to the end of the cancellation period or where you have personally arranged this.
End of cancellation policy
Retention of Title
Due Date
Warranty
(1) The Customer's warranty rights shall comply with the general legal stipulations unless otherwise specified below. The provision in Article 7 of these General Terms and Conditions shall apply to claims for compensation by the Customer against the Vendor.
(2) The limitation period for warranty claims by the Customer shall be 3 years for consumers of newly manufactured items and 1 year for used items. For commercial buyers the limitation period shall be 1 year for newly manufactured items and 6 months for used items. The foregoing reduction in the limitation periods shall not apply to claims for compensation by the Customer due to injury to life, body or health or to claims for compensation due to a breach of material contractual obligations. Material contractual obligations shall be obligations which must be fulfilled for achievement of the contractual purpose. The foregoing reduction of the limitation periods shall also not apply to claims for compensation relating to an intentional or grossly negligent breach of obligations on the part of the Vendor, its legal representative or vicarious agents.
(3) No warranty shall be accepted by the Vendor.
Liability Disclaimer
(1) Claims for compensation by the Customer shall be excluded unless otherwise stipulated below. The foregoing liability disclaimer shall also apply in favour of the Vendor's legal representative and vicarious agents in the event of the Customer asserting claims against these.
(2) Claims for compensation due to injury to life, body or health and claims for compensation due to a breach of material contractual obligations shall be excluded from the liability disclaimer set out in clause 1. Material contractual obligations shall be obligations which must be fulfilled for achievement of the contractual purpose. Liability for damages relating to an intentional or grossly negligent breach of obligations on the part of the Vendor, its legal representative or vicarious agents shall also be excluded from the liability disclaimer.
(3) Provisions of the Product Liability Act shall remain unaffected.
Non-Assignment Clause and Ban on Pledging
The assignment or pledging of customer claims or rights against the Vendor shall be prohibited unless consented to in writing by the Vendor. The Vendor shall only be obliged to consent where the Customer demonstrates a justified benefit of the assignment or pledge.
Offsetting
Choice of Law & Court of Jurisdiction
(2) The court of jurisdiction for all disputes arising under the contractual relationship between the Customer and the Vendor shall be that in the town/city where the Vendor is headquartered providing the Customer is a trader, a legal entity governed by public law or a special fund under public law.
Severability Clause
In the event of a provision of these General Terms and Conditions of Business being ineffective, the validity of the remaining provisions shall not be affected thereby.
