General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded by you with us as the provider (Intelmann GmbH) via the website https://intelmann.net/. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed either to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods .
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the button "Checkout" or "Proceed to Order" (or similar designation) and entering your personal data as well as payment and shipping conditions, the order data is finally displayed to you as an order overview.
If you choose an immediate payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be directed to the order overview page in our online shop or forwarded to the website of the immediate payment system provider.
If you are redirected to the respective immediate payment system, you make the corresponding selection or enter your data there. Finally, the order data is displayed to you as an order overview either on the website of the immediate payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order in the order overview.
(4) Your inquiries for the creation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by e-mail. Therefore, you must ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and in particular not prevented by spam filters.
§ 3 Individually Designed Goods
(1) You provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail no later than immediately after conclusion of the contract. Our possible specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also includes the costs of any necessary legal representation in this context.
(3) We do not check the transmitted data for content accuracy and therefore assume no liability for errors.
§ 4 Contract Duration / Termination of Subscription Contracts
The extended contractual relationship can be terminated at any time with one month's notice (unless a shorter period is stipulated in the respective offer).
(3) The right to terminate without notice for good cause remains unaffected.
(4) Any termination must be declared and transmitted either in text form (e.g. e-mail) or via the termination button embedded on our website ("Terminate contracts here" or similar designation).
§ 5 Special Agreements on Offered Payment Methods
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:
Further information about Klarna and the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website as well as in the online ordering process. For payment processing, "PayPal" may use further payment services; if special payment conditions apply, you will be separately informed about them. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 6 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies additionally:
a) We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Before ownership of the reserved goods passes, pledging or transfer of ownership as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value arising from the resale; we accept the assignment. You remain authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 7 Warranty
(1) The statutory rights of warranty apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it before submitting the contractual declaration by us and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following warranty provisions apply instead of the above:
a) Only our own statements and the manufacturer's product description shall be deemed agreed as the condition of the goods, but not other advertising, public promotions and statements of the manufacturer.
b) In case of defects, we shall, at our discretion, provide warranty by rectification or replacement delivery. If the defect remedy fails, you may demand a reduction or withdraw from the contract at your choice. The defect remedy shall be deemed to have failed after an unsuccessful second attempt, unless otherwise arises in particular from the nature of the goods or the defect or other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, unless the transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- to damages caused culpably by us due to injury to life, body or health and in case of intentional or grossly negligent caused other damages;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- for items that have been used according to their usual manner of use for a building and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with warranty rights.
§ 8 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).
(2) Place of performance for all services from the business relationship with us as well as place of jurisdiction is our registered office, unless you are not a consumer but a merchant, legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if your residence or habitual abode is unknown at the time the action is brought. The right to also bring an action at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention are expressly excluded.
II. Customer Information
1. Identity of the Seller
Intelmann GmbH
Rudolf-Diesel-Straße 10
27383 Scheeßel
Germany
Telephone: 042639127770
E-mail: online@intelmann.eu
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/consumers/odr.
We are willing but not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German .
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions are sent to you again by e-mail.
3.3. For offer inquiries outside the online shopping cart system, you will receive all contract data within the framework of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
4.2. We have submitted to the quality criteria of Trusted Shops GmbH, viewable at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are separately indicated during the ordering process and must be borne by you in addition, unless free shipping is promised.
6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you.
6.4. Costs incurred for money transfer (transfer or exchange rate fees of credit institutions) must be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due immediately.
7. Delivery Conditions
7.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier or another person not named by the entrepreneur to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory Warranty Rights
The warranty is governed by the provision "Warranty" in our General Terms and Conditions (Part I).
9. Contract Duration / Termination
Information on the duration of the contract and the termination conditions can be found in the provision "Contract Duration / Termination of Subscription Contracts" in our General Terms and Conditions (Part I) as well as in the respective offer.
These GTC and customer information were created by the IT law specialised lawyers of the Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last updated: 22.10.2024
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded by you with us as the provider (Intelmann GmbH) via the website https://intelmann.net/. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed either to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods .
(2) By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" at any time via the corresponding button in the navigation bar and make changes there.
After clicking the button "Checkout" or "Proceed to Order" (or similar designation) and entering your personal data as well as payment and shipping conditions, the order data is finally displayed to you as an order overview.
If you choose an immediate payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be directed to the order overview page in our online shop or forwarded to the website of the immediate payment system provider.
If you are redirected to the respective immediate payment system, you make the corresponding selection or enter your data there. Finally, the order data is displayed to you as an order overview either on the website of the immediate payment system provider or after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order in the order overview.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by e-mail. Therefore, you must ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and in particular not prevented by spam filters.
§ 3 Individually Designed Goods
(1) You provide us with the suitable information, texts or files required for the individual design of the goods via the online ordering system or by e-mail no later than immediately after conclusion of the contract. Our possible specifications regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also includes the costs of any necessary legal representation in this context.
(3) We do not check the transmitted data for content accuracy and therefore assume no liability for errors.
§ 4 Contract Duration / Termination of Subscription Contracts
(1) The subscription contract concluded between you and us has the term specified in the respective offer, hereinafter referred to as the "initial term". An initial term of more than 2 years cannot be agreed.
(2) If the subscription contract is not terminated by either party one month before the end of the initial term (unless a shorter period is stipulated in the respective offer), it will be tacitly extended for an indefinite period.
The extended contractual relationship can be terminated at any time with one month's notice (unless a shorter period is stipulated in the respective offer).
(4) Any termination must be declared and transmitted either in text form (e.g. e-mail) or via the termination button embedded on our website ("Terminate contracts here" or similar designation).
§ 5 Special Agreements on Offered Payment Methods
(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna"), we offer the following payment options. Payment is made to Klarna in each case:
- Invoice ("Pay Later"): The Klarna invoice terms for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the conditions for the option to extend the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
- Instant Transfer ("Pay Now")
Further information about Klarna and the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.
(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labelled button on our website as well as in the online ordering process. For payment processing, "PayPal" may use further payment services; if special payment conditions apply, you will be separately informed about them. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 6 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following applies additionally:
a) We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Before ownership of the reserved goods passes, pledging or transfer of ownership as security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice value arising from the resale; we accept the assignment. You remain authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.
c) In the event of connection and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.
§ 7 Warranty
(1) The statutory rights of warranty apply.
(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed agreed if you were informed of it before submitting the contractual declaration by us and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following warranty provisions apply instead of the above:
a) Only our own statements and the manufacturer's product description shall be deemed agreed as the condition of the goods, but not other advertising, public promotions and statements of the manufacturer.
b) In case of defects, we shall, at our discretion, provide warranty by rectification or replacement delivery. If the defect remedy fails, you may demand a reduction or withdraw from the contract at your choice. The defect remedy shall be deemed to have failed after an unsuccessful second attempt, unless otherwise arises in particular from the nature of the goods or the defect or other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, unless the transport corresponds to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:
- to damages caused culpably by us due to injury to life, body or health and in case of intentional or grossly negligent caused other damages;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- for items that have been used according to their usual manner of use for a building and have caused its defectiveness;
- for statutory recourse claims that you have against us in connection with warranty rights.
§ 8 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).
(2) Place of performance for all services from the business relationship with us as well as place of jurisdiction is our registered office, unless you are not a consumer but a merchant, legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if your residence or habitual abode is unknown at the time the action is brought. The right to also bring an action at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention are expressly excluded.
II. Customer Information
1. Identity of the Seller
Intelmann GmbH
Rudolf-Diesel-Straße 10
27383 Scheeßel
Germany
Telephone: 042639127770
E-mail: online@intelmann.eu
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), accessible at https://ec.europa.eu/consumers/odr.
We are willing but not obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I.).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German .
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions are sent to you again by e-mail.
3.3. For offer inquiries outside the online shopping cart system, you will receive all contract data within the framework of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG, viewable at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
4.2. We have submitted to the quality criteria of Trusted Shops GmbH, viewable at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
5. Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices listed in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, are separately indicated during the ordering process and must be borne by you in addition, unless free shipping is promised.
6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which must be borne by you.
6.4. Costs incurred for money transfer (transfer or exchange rate fees of credit institutions) must be borne by you in cases where delivery is made to an EU member state but payment is initiated outside the European Union.
6.5. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.
6.6. Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due immediately.
7. Delivery Conditions
7.1. The delivery conditions, delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier or another person not named by the entrepreneur to carry out the shipment.
If you are an entrepreneur, delivery and shipment are at your risk.
8. Statutory Warranty Rights
The warranty is governed by the provision "Warranty" in our General Terms and Conditions (Part I).
9. Contract Duration / Termination
Information on the duration of the contract and the termination conditions can be found in the provision "Contract Duration / Termination of Subscription Contracts" in our General Terms and Conditions (Part I) as well as in the respective offer.
These GTC and customer information were created by the IT law specialised lawyers of the Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last updated: 22.10.2024