Terms of service
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General terms and conditions with customer information
Table of Contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to certain specifications of the customer
- Special conditions for assembly/installation services
- Special conditions for repair services
- Applicable Law
- Alternative dispute resolution
1.1 These general terms and conditions (hereinafter"GTC") of Inn and out GmbH & CoKG (hereinafter"seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter"customer") concludes with the seller with regard to the goods displayed by the seller in his online shopThe inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employedAn entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shopAfter placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering processThe customer can also submit the offer to the seller by phone, fax, email, post or online contact form.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs firstThe period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offerIf the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g.B.E-mail, fax or letter)Any further provision of the contract text by the seller does not take placeIf the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screenAn effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlargedThe customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out by email and automated order processingThe customer must ensure that the e-mail address given by him to process the order is correct, so that the e-mails sent by the seller can be received at this addressIn particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales taxAny additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 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 customerThese include, for example, costs for money transfer by credit institutions (e.g.Transfer fees, exchange rate fees) or import duties orTaxes (e.g.Duties)Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.6 If the payment method"PayPal Credit"is selected (payment in installments via PayPal), the seller assigns his payment claim to PayPalBefore accepting the seller's declaration of assignment, PayPal carries out a credit check using the customer data providedThe seller reserves the right to refuse the customer the"PayPal Credit"payment method in the event of a negative test resultIf the payment method"PayPal Credit"is approved by PayPal, the customer has to pay the invoice amount to PayPal according to the conditions specified by the seller, which are communicated to him in the seller's online shopIn this case, he can only pay to PayPal with a debt-discharging effectHowever, even in the case of the assignment of claims, the seller remains responsible for general customer inquiries, e.g.B.on the goods, delivery time, dispatch, returns, complaints, revocation declarations and returns or credit notes.
4.7 If the payment method"SOFORT"is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter"SOFORT")In order to be able to pay the invoice amount via"SOFORT", the customer must have an online banking account that has been activated for participation in"SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to"SOFORT"The payment transaction is carried out immediately afterwards by"SOFORT"and the customer's bank account is debitedThe customer can call up more detailed information on the"SOFORT"payment method on the Internet at https://www.klarna.com/sofort/.
4.8 If you select one of the payment methods offered by the"Shopify Payments"payment service, payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter"Stripe")The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shopStripe can use other payment services to process paymentsspecial terms of payment apply to which the customer may applyis pointed out separatelyFurther information on"Shopify Payments"is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.9 If you choose the payment method purchase on account, the purchase price is due after the goods have been delivered and invoicedIn this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreedThe seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceededIn this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.
4.10 If you select the payment method purchase on account, the purchase price is due after the goods have been delivered and invoicedIn this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreedThe seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceededIn this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shopThe seller also reserves the right to carry out a credit check if the payment method purchase on account is selected and to reject this payment method if the credit check is negative.
4.11 If you choose the payment method purchase on account, the purchase price is due after the goods have been delivered and invoicedIn this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreedThe seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceededIn this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shopThe seller also reserves the right to carry out a credit check if the payment method purchase on account is selected and to reject this payment method if the credit check is negative.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreedWhen processing the transaction, the delivery address specified in the seller's order processing is decisiveDeviating from this, when choosing the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the sellerThis does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawalFor the return costs, if the customer exercises his right of revocation, the provisions made in the seller's instructions on revocation apply.
5.3 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collectionAfter receiving this e-mail, the customer can collect the goods from the seller's headquarters after consultation with the sellerIn this case, no shipping costs will be charged.
6) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for defects (warranty)
7.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The following applies to used goods:Claims for defects are excluded if the defect only occurs one year after delivery of the goodsDefects that occur within one year of delivery of the goods can be asserted within the statutory limitation periodHowever, the shortening of the liability period to one year does not apply
- for things that have been used for a building in accordance with their normal use and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
7.3 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of thisIf the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to certain specifications of the customer
8.1 If, according to the content of the contract, in addition to the delivery of goods, the seller also owes the processing of the goods according to certain specifications of the customer, the customer has to the operator all content such as texts, images or graphics in the file formats, formatting, image specified by the operator - and file sizes available and grant him the necessary rights of useThe customer is solely responsible for the procurement and acquisition of rights to this contentThe customer declares and assumes responsibility that he has the right to use the content provided to the sellerIn particular, he ensures that no third party rights are violated, in particular copyrights, trademarks and personal rights.
8.2 The customer exempts the seller from claims by third parties that they can assert against the seller in connection with a violation of their rights through the contractual use of the customer's contentThe customer also assumes the reasonable costs of the necessary legal defense including all court and lawyer costs in the statutory amountThis does not apply if the customer is not responsible for the infringementIn the event of a claim by a third party, the customer is obliged to immediately, truthfully and completely provide the seller with all information that is necessary for the examination of the claims and a defense.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or against common decencyThis applies in particular to content that is unconstitutional, racist, xenophobic, discriminatory, offensive, endangering youth and/or glorifies violence.
9) Special conditions for assembly/installation services
If, according to the content of the contract, the seller owes the assembly or assembly in addition to the goods deliverythe installation of the goods at the customercorresponding preparatory measures (e.g.B.Allowance), the following applies:
9.1 The seller provides his services at his own discretion or through qualified personnel selected by himThe seller can also use the services of third parties (subcontractors) who act on his behalfUnless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to carry out the desired service.
9.2 The customer must provide the seller with the information necessary for the provision of the service owed completely and truthfully, provided that the provision of this information does not fall within the seller's scope of duties according to the content of the contract.
9.3 After the conclusion of the contract, the seller will contact the customer in order to agree an appointment with the customer for the service owedThe customer ensures that the seller orthe personnel commissioned by this has access to the relevant facilities of the customer on the agreed date.
9.4 The risk of accidental loss and accidental deterioration of the goods sold is only transferred to the customer when the assembly work is completed and the goods are handed over to the customer.
10) Special conditions for repair services
If the seller owes the repair of an item of the customer according to the content of the contract, the following applies:
10.1 Repair services are provided at the seller's headquarters.
10.2 The seller provides his services at his own discretion or through qualified personnel selected by himThe seller can also use the services of third parties (subcontractors) who act on his behalfUnless otherwise stated in the seller's service description, the customer is not entitled to select a specific person to carry out the desired service.
10.3 The customer must provide the seller with all information necessary for the repair of the item, insofar as its procurement does not fall within the seller's scope of duties according to the content of the contractIn particular, the customer must provide the seller with a comprehensive description of the error and inform him of all circumstances that could be the cause of the error found.
10.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's headquarters at his own expense and riskThe seller recommends that the customer take out transport insuranceThe seller also recommends that the customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to hide the contents of the packagingThe seller will inform the customer immediately of any obvious transport damage so that he cancan assert existing rights against the carrier.
10.5 The goods are returned at the customer's expenseThe risk of accidental loss and accidental deterioration of the item is transferred to the customer when the item is handed over to a suitable transport person at the seller's place of businessAt the customer's request, the seller will take out transport insurance for the item.
10.6 The customer can also bring the item to be repaired to the seller's headquarters and pick it up again if this results from the seller's service description or if the parties have made a corresponding agreementIn this case, the above provisions on the assumption of costs and risk for dispatch and return of the item apply accordingly.
10.7 The aforementioned regulations do not limit the customer's statutory rights to defects in the event that goods are purchased from the seller.
10.8 The seller is liable for defects in the repair service provided in accordance with the provisions of statutory liability for defects.
11) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goodsFor consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution under the following link:https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.