General Terms and Conditions of Inova Technology GmbH
The general conditions of contract of Inova Technology GmbH (hereinafter referred to as "Seller") is exclusively held to be a binding basis for all business relationships between seller and buyer. Of it the salesman recognizes deviating conditions of the orderer not on, unless he had agreed their validity. If you use actual or in future the offered services (installation, repairs etc.), there apply in addition to these General Business Conditions the supplement, or rescind any of our policies or terms of service for which they apply to. If the regulations are contrary to the general conditions of contract, the special guidelines will be indicated.
2. OUR CONTRACT
Your order is an offer to the seller to buy the product(s) in your order. When you place an order to purchase a product from the seller, we will send you an e-mail confirming receipt of your order and the instructions of revocation. Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product with the invoice to you. There is no purchase contract, if you ordered more goods as we confirm in our invoice.
The seller is your contracting party. The contract of sale takes effect directly with the seller and his general terms and conditions are to be applied
The seller does not offer any product for sale to underaged people.
This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
Agreement on cost absorption for the return delivery. If the customer make use of his right of withdrawal, he shall bear the normal cost of returning goods.
4. Instructions of cancellation
You may withdraw from your contractual offer within 8 days after receipt of the goods in written form (e.g. letter, E-mail) or by return of the goods upon previous agreement in case of product defects.
The term commences upon receipt of these instructions in the form of a text, but not before the goods have reached the recipient (in case of repeated deliveries of similar goods, not prior to the receipt of the first partial delivery). A timely posting of the cancellation or of the goods is sufficient for staying within the deadline.
Please address the cancellation to:
INOVA Technology GmbH
Effects of the cancellation
In case of a valid cancellation, it is necessary to grant back any performances that any of the parts have received as well as any gained profits, where appropriate (i.e. interests). Should you not grant back the received performance - or just part of it - or only in bad conditions, you will have to compensate us for any deterioration in value. This does not apply to the provision of goods when the deterioration of the goods can be exclusively attributed to their inspection - comparable to the inspection of goods common to purchasing in a retail shop. You shall bear any risks associated with the return of goods that can be sent as a package. You will have to bear any costs related with the return. You will have to pick up goods which cannot be sent as a package. Obligations for the recompensation of payments must be fulfilled within 30 days. Such term commences for you with the posting of your declaration of cancellation or of the goods, and for us with the receipt of the same.
Your right of revocation concerning services lapses prematurely if your contractual partner has started to perform the services before the end of the term of notice for the revocation with your express consent or if you have arranged for the services to be commenced.
Exceptions to Withdrawal
The right of cancellation shall not exist for distance selling contracts
- for the delivery of merchandise which is manufactured according to customer's specifications or which is clearly tailored to personal requirements or which is not suitable for return shipment or whose expiration date would expire. For one-way products.
- Details for the return depends also on the manufacturer. Please read more about it on our website.
Unless agreed otherwise, delivery can also be made immediately directly from the stock of the manufacturer to the delivery address indicated by the client. All declarations as to availability and delivery times on our website are only provisional forecasts and are not binding delivery dates. If the goods which you have ordered are not available at present, the seller will inform the buyer of this immediately by email. If the seller, through no fault of his own, is unable to supply the ordered goods, if the sub-suppliers for example have not fulfilled their contractual obligations, the seller is entitled to withdraw from the agreement with the customer. In that case, the customer is immediately informed that the ordered goods and services are not available. The legal claims by the customer shall remain unaffected. If the delivery is not possible, because the delivered goods cannot be transported through the entrance door, front door or staircase of the customer, the customer has to pay for the repeated shipment. If the customer can not be encountered at the address he transmitted, although the delivery was announced to him early enough, he has to pay for the repeated shipment.
6. Maturity, payment and default
The customer may pay the purchase price per payment in advance, direct debit or PayPal. Seller reserves the right to offer certain payment methods to some customers. In case the orderer is in delay of payment, due to PayPal/Credit cards problems for ex., the seller will be entitled to claim interest for delay amounting to 9 % over the basic interest rate p.a. published from time to time by the European Central Bank.
7. Specifics of sale against invoice
Payment on invoice might only be possible for contractors in the sense of Section 310 of the German Civil Code, a statutory corporation or foundation under public law. The invoiced amount is due immediately upon receipt of the invoice.
8. Set-off or suspension
The customer has the right of netting only if his or her claims are legal or accepted by the seller. The customer shall be entitled to exercise its right of retention to the extent that its counterclaim is based on the contractual relationship.
All prices in the price lists are net and exclude the statutory VAT applicable at the time and don’t include either transportation nor insurance.
10. Reservation of title
The delivered goods remain the property of the seller until complete payment of the delivery price.
11. Liability for defects
If there is a shortage of the item purchased, the usual statutories are imparative. The assignation of these claims by the customer is excluded.
If supplementary performance is done by replacement delivery, the buyer is obliged send back the first delivered goods within 30 days to the seller at the expense of the seller.
The return of defective goods has to be done according to legal regulation. In addition, the seller reserves the right to claim damages as provided by law.
The prescription period for these claims vary from manufacturer to manufacturer, calculated from the date of delivery. This prescription period is shown for each item on our website.
The seller shall assume unlimited liability provided that the cause of damage is based on intent or gross negligence.
Insofar as the vendor has violated a duty essential in the sense of the contract due to gross negligence , the duty of compensation for damage of property is limited to the predictable, typical average damage. For the purpose of this provision, essential contractual obligations shall be understood as those obligations whose fulfilment is crucial for the proper performance of the contract andwhich the contractual partners may typically expect to be met. The seller is not responsible for the easily negligent injury to other one than the obligations specified in the managing sentences.
The foregoing limitations will not apply to liability for injury to life and limb or in the event that warranty for the characteristics of goods or for the fraudulent concealment of deficiencies by the seller has been assumed. Liability under the Product Liability law remains unaffected.
To the extent that liability is ruled out or limited by the seller, this also applies to the personal liability of employees, representatives and vicarious agents.
12. Collection, processing and use of personal data of our customers
The information you give us is used for processing orders, for delivering products, for providing services, and possibly for handling payments.
Besides, we use your information in order to communicate with you on orders, products, marketing offers or the newsletter as well as for updating our records and for keeping maintaining your customer account. We also use your information to improve our platform, to protect, prevent or discover fraud or to carry out technical, logistical or other services on our behalf.
Further information about the type, scope, place and purpose of the collection, processing and use of personal data required for the execution of orders is available in the declaration of data protection.
12. Applicable law
This agreement shall be governed by German law, and the UN Convention on the Sale of Goods shall be excluded.