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: Inova Technology GmbH. 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.
3. Return costs agreement, right of revocation up to 14 days, exclusion of the right of revocation
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.?The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.?In order to exercise your right of withdrawal, you must inform us (Inova Technology GmbH, Zeppelinstr. 283, D 88048 Friedrichshafen, Phone: +49 (0)7541 9506222, Fax: +49 (0)75419506223, E-Mail: email@example.com of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail).To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of cancellation:
If you withdraw from this contract, we must refund all payments we have received from you, without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless agreed otherwise with you. In any case you will not be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is achieved firstly.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
The right of withdrawal does not apply:
If you are an entrepreneur within the meaning of § 14 of the German Civil Code (BGB) and are acting in the exercise of your commercial or self-employed activity when concluding the contract. Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
Our delivery terms are: ex Works.
Unless agreed otherwise, delivery can also be made immediately directly from the stock of the manufcturer to the delivery address indicated by the client.
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.
5. Maturity, Payment and Default
The customer may pay the purchase price per payment in advance, credit card (written order) or PayPal.
Seller reserves the right to offer certain payment methods to some customers.
In the case of payment on account and in other cases where there is a justified reason, the Seller shall check and evaluate the data details of the ordering party and shall maintain a data exchange with credit agencies. The Seller reserves the right not to offer certain methods of payment in individual cases.
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.
6. Special features of purchase on accountPayment on account is only possible for entrepreneurs within the meaning of § 310 paragraph 1 BGB (German Civil Code), legal entities under public law and special funds under public law. The invoice amount is due upon receipt of the invoice.
7. Offsetting, retentionThe Purchaser shall only have a right of set-off if his counterclaims have been legally established or are undisputed by the Seller. He shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same 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.
9. Retention of title
The delivered goods remain the property of the seller until full payment has been made.
We are liable for material defects and defects of title of the delivery item in accordance with the following provisions. The statutory provisions shall apply in addition. Complaints due to incomplete or incorrect deliveries or complaints due to obvious defects must be notified to us immediately after delivery of the item within seven days, otherwise the delivery item shall be deemed to have been approved, unless we are guilty of fraudulent intent. Hidden defects shall be notified to us immediately within eight days of their discovery by the customer. Our warranty for material defects and defects of title shall be limited to subsequent performance and to a period of 24 months. If the purchaser is an entrepreneur within the meaning of § 14 BGB (German Civil Code), a special fund under public law or a legal entity under public law, our warranty is limited to a period of 12 months from delivery. Claims for damages in lieu of performance or reimbursement of expenses in the event of refused or unsuccessful subsequent performance shall be determined in accordance with clause 11. Cancellation of the contract and damages in lieu of performance or reimbursement of expenses shall be excluded if there is only an insignificant defect. The customer shall send us the defective delivery item for repair or replacement at his own risk. Replaced delivery items or parts thereof shall become our property or remain our property. The warranty period shall not be extended by the subsequent performance. Further claims of the customer, in particular for injury to persons, for damage to goods which are not the subject matter of the contract or for loss of profit, consequential costs etc. shall be determined in accordance with section 11. Our warranty does not extend to the suitability of the delivery item for the purpose intended by the customer which deviates from the usual purpose, unless this has been agreed in writing.
11. Liability for defects
Our liability is limited in every case of breach of duty and tort to intent and gross negligence (gross culpability) as well as culpable breach of essential contractual obligations (cardinal obligations). Claims for damages by the customer due to slightly negligent breach of duty by us, in particular in the cases of slightly negligent defective delivery or slightly negligent delay in delivery, are excluded, unless the breach of essential contractual obligations is involved. In the event of a slightly negligent breach of essential contractual obligations, our liability shall be limited in amount to compensation for the foreseeable damage typical of the contract. If we are liable for slightly negligent defective delivery due to the fact that this is a breach of an essential contractual obligation, this claim for damages shall become statute-barred within 12 months after delivery. Liability for consequential harm caused by a defect is excluded. Furthermore, compensation in lieu of performance is excluded in cases of defective delivery, provided that the breach of duty is only insignificant. The limitations of liability set out in these terms and conditions shall not apply to our liability for compensation under the provisions of the Act on Liability for Defective Products of 15 December 1989, as amended, from the assumption of a guarantee, a procurement risk and in the event of fraudulent concealment of a defect as well as for liability for damages arising from injury to life, limb or health which are based on a negligent breach of duty by us or an intentional or negligent breach of duty by a legal representative or vicarious agent of ours. If a reseller resells the delivery item abroad and if a claim is made against us directly on the basis of foreign law by the reseller's customer resident abroad, the reseller shall indemnify us against liability towards its customer resident abroad to the extent that we are liable under foreign law beyond the scope of liability existing under German law.
12. Collection, processing and use of personal information from our customers
We use the information we receive from you to process orders, deliver goods and provide services, and process payments (including, in the case of purchase on account, for any necessary checks). We also use your information to communicate with you about orders, products, services and marketing offers, as well as to update our records and to maintain and service your customer accounts with us. We also use your information to prevent or detect misuse of our website or to enable third parties to perform technical, logistical or other services on our behalf. Further information on the type, scope, location and purpose of the collection, processing and use of the data required for the execution of orders can be found in the data protection declaration.
13. Place of performance
The place of performance for delivery and payment is D-88048 Friedrichshafen, insofar as the Purchaser is a merchant within the meaning of commercial law.
14. Applicable law
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
INOVA Technology GmbH
Telefon: +49 7541 9506222
Fax: +49 75419506223