General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the supplier (Intelmann GmbH) via the website https://intelmann.net/. Unless otherwise agreed, the inclusion of any of your own terms and conditions is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who enters into a legal transaction for purposes which predominantly are outside his or her trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her trade, business or profession.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods .
(2) By placing the respective product on our website, we submit a binding offer to you to conclude a contract via the online shopping basket system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the “shopping basket”. Via the corresponding button in the navigation bar you can call up the “shopping basket” and make changes there at any time.
After clicking the “Checkout” or “Proceed to order” button (or a similar designation) and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your method of payment, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will make the appropriate selection and/or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or, after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to once again check the information in the order overview, to change it (also via the “back” function of the Internet browser) or to cancel the order.
(4) Your enquiries for the preparation of an offer are non-binding for you. We will submit a binding offer to you 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 the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 3 Individually Designed Goods
(1) You shall provide us with the information, text or files required for the individual design of the goods via the online ordering system or by e-mail without delay at the latest after conclusion of the contract. Any specifications we may have 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 applicable laws. You expressly indemnify us from all claims asserted by third parties in this connection. This also applies to the costs of the necessary legal representation in this context.
(3) We do not check the transmitted data for content accuracy and assume no liability for any errors in this respect.
§ 4 Contract Term / Termination for Subscription Contracts
The extended contractual relationship may 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 integrated in our website (“Cancel contracts here” or a similar designation).
§ 5 Special Agreements on the Payment Methods Offered
(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 in each case to Klarna:
Further information about Klarna as well as Klarna’s 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 will be processed via 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” will be displayed to you under a correspondingly designated button on our website as well as during the online ordering process. For the purpose of payment processing “PayPal” may use other payment services; insofar as special payment conditions apply to them, you will be notified of these separately. Further information on “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 shall remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We reserve title to the goods until all claims arising from the current business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of 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 that accrue to you from the resale, and we accept the assignment. You shall 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 combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of 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 to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
§ 7 Warranty
(1) The statutory liability for defects applies.
(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 will not affect your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us prior to submission of the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer’s product description shall be deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by rectification or replacement delivery. If the remedy of the defect fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. Remedy of the defect shall be deemed to have failed after an unsuccessful second attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The limitation period for warranty claims is one year from delivery of the goods. The shortening of the period shall not apply:
- for damages culpably caused by us resulting from injury to life, limb or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items which, in accordance with their normal use, have been used for a building and have caused its defectiveness;
- for statutory rights of recourse which you have against us in connection with rights arising from defects.
§ 8 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. For consumers, this choice of law shall only apply insofar as this does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has his or her habitual residence (favourability principle).
(2) The place of performance for all services arising from the business relationships with us as well as the place of jurisdiction shall be our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is brought. The right to also call upon the court at another statutory place of jurisdiction shall remain unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
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 out-of-court online dispute resolution (ODR platform), which can be accessed 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 for the conclusion of the contract, the conclusion of the contract itself and the options for correction 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. The complete contract text is not stored by us. Before submitting the order via the online shopping basket system the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For quotation requests outside the online shopping basket system, you will receive all contract data as part 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’s Seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
4.2. We have submitted to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
5. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Any costs incurred in the transfer of money (transfer or exchange rate fees charged by the credit institutions) shall be borne by you in those cases where the delivery is made to an EU Member State but the payment is initiated outside the European Union.
6.5. The payment methods available to you are listed under a correspondingly designated 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 for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated 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 goods during shipment shall not pass to you until the goods have been handed over to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and dispatch shall be at your risk.
8. Statutory Liability for Defects
Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).
9. Contract Term / Termination
Information on the term of the contract and the conditions of termination can be found in the provision “Contract Term / Termination for Subscription Contracts” in our General Terms and Conditions (Part I) as well as in the respective offer.
These General Terms and Conditions and customer information were prepared by the lawyers of Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security 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 update: 22/10/2024
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the supplier (Intelmann GmbH) via the website https://intelmann.net/. Unless otherwise agreed, the inclusion of any of your own terms and conditions is contradicted.
(2) A consumer in the sense of the following regulations is any natural person who enters into a legal transaction for purposes which predominantly are outside his or her trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his or her trade, business or profession.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods .
(2) By placing the respective product on our website, we submit a binding offer to you to conclude a contract via the online shopping basket system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping basket system as follows:
The goods intended for purchase are placed in the “shopping basket”. Via the corresponding button in the navigation bar you can call up the “shopping basket” and make changes there at any time.
After clicking the “Checkout” or “Proceed to order” button (or a similar designation) and entering the personal data as well as the payment and shipping conditions, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as your method of payment, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will make the appropriate selection and/or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or, after you have been redirected back to our online shop.
Before submitting the order, you have the opportunity to once again check the information in the order overview, to change it (also via the “back” function of the Internet browser) or to cancel the order.
By submitting the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “order with costs”, “pay” / “pay now” or a similar designation) you declare the legal acceptance of the offer, whereby the contract is concluded.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place partly automatically by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 3 Individually Designed Goods
(1) You shall provide us with the information, text or files required for the individual design of the goods via the online ordering system or by e-mail without delay at the latest after conclusion of the contract. Any specifications we may have 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 applicable laws. You expressly indemnify us from all claims asserted by third parties in this connection. This also applies to the costs of the necessary legal representation in this context.
(3) We do not check the transmitted data for content accuracy and assume no liability for any errors in this respect.
§ 4 Contract Term / Termination for Subscription Contracts
(1) The subscription contract concluded between you and us has the term stated in the respective offer, hereinafter referred to as the “basic term”. A basic term of more than 2 years may not be agreed.
(2) If the subscription contract is not terminated by either party one month before the expiry of the basic term (unless a shorter period is stipulated in the respective offer), it shall be tacitly extended for an indefinite period.
The extended contractual relationship may 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 integrated in our website (“Cancel contracts here” or a similar designation).
§ 5 Special Agreements on the Payment Methods Offered
(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 in each case to Klarna:
- Invoice (“Pay Later”): The Klarna invoice terms and conditions 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 term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.
- Sofortüberweisung (“Pay Now”)
Further information about Klarna as well as Klarna’s 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 will be processed via 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” will be displayed to you under a correspondingly designated button on our website as well as during the online ordering process. For the purpose of payment processing “PayPal” may use other payment services; insofar as special payment conditions apply to them, you will be notified of these separately. Further information on “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 shall remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following shall apply in addition:
a) We reserve title to the goods until all claims arising from the current business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of 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 that accrue to you from the resale, and we accept the assignment. You shall 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 combination and mixing of the reserved goods, we shall acquire co-ownership of the new item in the ratio of 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 to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.
§ 7 Warranty
(1) The statutory liability for defects applies.
(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 will not affect your statutory warranty claims.
(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of the same by us prior to submission of the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer’s product description shall be deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by rectification or replacement delivery. If the remedy of the defect fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. Remedy of the defect shall be deemed to have failed after an unsuccessful second attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification, we shall not bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
c) The limitation period for warranty claims is one year from delivery of the goods. The shortening of the period shall not apply:
- for damages culpably caused by us resulting from injury to life, limb or health and for other damages caused intentionally or by gross negligence;
- if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
- for items which, in accordance with their normal use, have been used for a building and have caused its defectiveness;
- for statutory rights of recourse which you have against us in connection with rights arising from defects.
§ 8 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. For consumers, this choice of law shall only apply insofar as this does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has his or her habitual residence (favourability principle).
(2) The place of performance for all services arising from the business relationships with us as well as the place of jurisdiction shall be our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is not known at the time the action is brought. The right to also call upon the court at another statutory place of jurisdiction shall remain unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
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 out-of-court online dispute resolution (ODR platform), which can be accessed 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 for the conclusion of the contract, the conclusion of the contract itself and the options for correction 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. The complete contract text is not stored by us. Before submitting the order via the online shopping basket system the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. For quotation requests outside the online shopping basket system, you will receive all contract data as part 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’s Seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.
4.2. We have submitted to the quality criteria of Trusted Shops GmbH, which can be viewed at: https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
5. Essential Characteristics of the Goods or Service
The essential characteristics of the goods and/or service can be found in the respective offer.
6. Prices and Payment Terms
6.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free shipping has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
6.4. Any costs incurred in the transfer of money (transfer or exchange rate fees charged by the credit institutions) shall be borne by you in those cases where the delivery is made to an EU Member State but the payment is initiated outside the European Union.
6.5. The payment methods available to you are listed under a correspondingly designated 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 for payment immediately.
7. Delivery Conditions
7.1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated 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 goods during shipment shall not pass to you until the goods have been handed over to you, irrespective of whether the shipment is insured or uninsured. This does not apply if you independently commission a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
If you are an entrepreneur, delivery and dispatch shall be at your risk.
8. Statutory Liability for Defects
Liability for defects is governed by the provision “Warranty” in our General Terms and Conditions (Part I).
9. Contract Term / Termination
Information on the term of the contract and the conditions of termination can be found in the provision “Contract Term / Termination for Subscription Contracts” in our General Terms and Conditions (Part I) as well as in the respective offer.
These General Terms and Conditions and customer information were prepared by the lawyers of Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security 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 update: 22/10/2024