Terms and conditions
§ 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter: GTC) shall apply to all contracts concluded via our online store between,
Company imima GmbH, Managing Director: Mr. Marvin Thoma, Schwarzäckerstr. 41, 82178 Puchheim, Phone: +49(0)89 54662292, E-Mail: firstname.lastname@example.org, and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract shall result in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the contract shall be authoritative.
(4) We do not accept any deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of articles in our online store does not constitute a binding offer to conclude a purchase contract.
(2) By sending an order via the online store by clicking the button "order subject to payment", you place a legally binding order. You shall be bound by the order for a period of two (2) weeks after placing the order; your right to revoke your order, if any, shall remain unaffected.
(3) We will immediately confirm receipt of your order placed via our online store by e-mail. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
(4) A contract shall only be concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(5) We can only consider orders for deliveries abroad if they exceed a minimum order value. The minimum order value can be found in the price information provided in our online store.
(6) If the delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we refrain from a declaration of acceptance. In this case a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.
§ 3 Terms of Delivery and Reservation of Advance Payment
(1) We are entitled to make partial deliveries as far as this is reasonable for you.
(2) The delivery period is approximately four working days, unless otherwise agreed. It begins - subject to the provision in paragraph 3 - with the conclusion of the contract.
(3) In the case of orders from customers with their place of residence or business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.
§ 4 Prices and shipping costs
(1) All prices in our online store are gross prices including the statutory sales tax and are exclusive of any shipping costs.
(2) The shipping costs are indicated in our price quotations in our online store. The price including VAT and applicable shipping costs is also displayed in the order mask before you submit the order.
(3) If we fulfill your order by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration, you may, subject to the statutory requirements, demand reimbursement of any costs already paid for shipping to you (delivery costs).
§ 5 Terms of payment and set-off and right of retention
(1) The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.
(2) You may pay the purchase price and the shipping costs at your option only with the payment options offered by us.
(3) You are not entitled to offset against our claims unless your counterclaims are legally established or undisputed. You shall also be entitled to offset against our claims if you assert notices of defect or counterclaims arising from the same the same purchase contract.
(4) As the purchaser, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 6 Retention of title
The delivered goods remain our property until full payment of the purchase price.
§ 7 Warranty
(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller's warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall be in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties shall be set out in the warranty conditions which may be enclosed with the items.
§ 8 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable - unless otherwise stipulated in para. 3 - in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
(3) Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 9 Copyrights
We have copyrights to all pictures, films and texts published in our online store. A use of the images, movies and texts, is not permitted without our express consent.
§ 10 Applicable law and jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be the Seller's registered office. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.