Terms and Conditions
1. Scope
2. Use of personal data
3. Conclusion of contract
4. Right of withdrawal
5. Prices and payment terms
6. Delivery and shipping terms
7. Retention of title
8.Warranty and compensation
9. Final provisions
1. Scope
1.1 These General Terms and Conditions (hereinafter āGTCā) of infoWERK Medien & Technik GmbH ā hereinafter āthe Sellerā ā apply to all contracts concluded between a consumer or business (hereinafter āthe Customerā) and the Seller in respect of the goods and/or services presented by the Seller in its online shop. The inclusion of the Customerās own terms and conditions is hereby rejected, unless otherwise agreed in writing.
1.2 These GTC apply mutatis mutandis to the purchase of vouchers, unless expressly stipulated otherwise.
2. Use of personal data
The Customer expressly consents to the use of their data in accordance with the Sellerās privacy policy. This privacy policy forms an integral part of the contractual relationship in question and is available on the Sellerās website www.infowerk.systems under the heading āPrivacy Policyā.
3. Conclusion of the Contract
3.1 The product descriptions contained in the Sellerās online shop do not constitute binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.
3.2 The Customer may submit the offer via the online order form integrated into the Sellerās online shop. In doing so, after placing the selected goods and/or services in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer in respect of the goods and/or services contained in the shopping basket by clicking the button that concludes the ordering process.
Furthermore, the customer may also submit the offer to the seller by telephone, fax, email or post.
3.3 When an offer is submitted via the Sellerās online order form, the text of the contract is stored by the Seller and sent to the Customer in writing (e.g. by email, fax or letter) together with the underlying Terms and Conditions after the Customer has submitted their order. This merely confirms receipt of the order (order confirmation). This order confirmation does not constitute acceptance of the offer.
3.4 In addition, the text of the contract is archived on the Sellerās website and can be accessed free of charge by the Customer via their password-protected customer account by entering the relevant login details, provided that the Customer has created a customer account in the Sellerās online shop prior to submitting their order.
3.5 Before submitting the order via the Sellerās online order form, the Customer may correct their entries at any time using the standard keyboard and mouse functions. Furthermore, all entries are displayed once more in a confirmation window before the order is submitted and may also be corrected there using the standard keyboard and mouse functions.
3.6 The sales contract is concluded when the Seller accepts the Customerās offer within a period of 5 days. Acceptance by the Seller may take place by sending a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or by requesting payment from the customer after the customer has placed their order.
If more than one of the above alternatives applies, the contract is concluded at the time when the first of these alternatives occurs. If the seller does not accept the customerās offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.
3.7 The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the date on which the offer was sent.
3.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
4. Right of withdrawal
Consumers are generally entitled to a right of withdrawal. Further details regarding the right of withdrawal can be found in the sellerās cancellation policy. This cancellation policy is available on the sellerās website, www.infowerk.systems, under the heading āCancellation Policyā.
5. Prices and Terms of Payment
5.1 Unless otherwise stated in the Sellerās offer, the prices quoted are final prices and include statutory VAT. Any additional delivery and shipping costs will be specified separately in the relevant product description.
5.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible, and which are to be borne by the Customer. These include, for example, costs for money transfers via credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties).
5.3 The customer has various payment options available, which are specified in the sellerās online shop.
5.4 If payment in advance has been agreed, payment is due immediately upon conclusion of the contract.
5.5 If the payment method ādelivery on accountā is selected, the purchase price is payable in full within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to carry out a credit check if the ādelivery on accountā payment method is selected and to refuse this payment method if the credit check is unsuccessful.
5.6 The customer shall bear all reminder and collection charges, as well as any necessary costs for appropriate legal action by solicitors in the event of default due to negligence.
6. Delivery and Shipping Terms
6.1 Goods shall be delivered by post to the delivery address provided by the customer, unless otherwise agreed. For the purposes of processing the transaction, the delivery address specified in the sellerās order processing system shall be decisive.
6.2 If the carrier returns the dispatched goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful delivery. This shall not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery, or if they were temporarily prevented from accepting the service offered, unless the seller had given them reasonable prior notice of the service.
6.3 In the case of collection by the customer, the seller shall first inform the customer by email that the goods ordered by them are ready for collection. Upon receipt of this email, the customer may collect the goods from the sellerās premises by arrangement with the seller. In this case, no delivery charges will be incurred.
7. Retention of title
If the seller supplies the goods in advance, it retains title to the delivered goods until the purchase price owed has been paid in full.
8. Warranty and Compensation
8.1 The statutory provisions on warranty and compensation applicable in Germany shall apply.
8.2 infoWERK accepts no warranty and shall not be liable for the content of the goods purchased.
9. Final Provisions
9.1 The invalidity of any individual provision of these General Terms and Conditions shall not affect the validity of the remainder of the contract. Should any clause be or become invalid or unenforceable, both parties undertake to replace it with a legally permissible, valid and enforceable clause that most closely approximates the economic intent of the provision to be replaced.
9.2 Any amendments or additions to these General Terms and Conditions and other agreements between the Customer and the Seller must be made in writing.
9.3 The place of performance for all contractual relationships governed by these Terms and Conditions is the Sellerās registered office. Where a customer is a consumer within the meaning of the Consumer Protection Act, the court having jurisdiction over any legal disputes shall be that within whose jurisdiction the customerās domicile, habitual residence or place of employment is situated. In all other cases, the court with subject-matter jurisdiction at the sellerās registered office shall have local jurisdiction.
German law shall apply, with the exception of conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.
As of February 2018