THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
§ 1 General information, scope of application of terms and conditions
1.1 The following terms and conditions apply for all deliveries between Inkarna GmbH and a consumer in their respective valid version on the order date.
1.2 Consumer means any natural person, who enters into a legal transaction for a purpose that can neither be attributed to his trade or business (§ 13 BGB).
§ 2 Contract conclusion, realization of the contract
2.1 The following regulations concerning the contract conclusion are valid for orders that are affected via our website http://www.inkarna.de
2.2 Your order in our online-shop only serves the purpose of providing us with purchase information and does not represent the acceptance of your offer to conclude a contract. A purchase contract comes into existence only when we accept your order by sending the ordered product to you.
An order is performed in the following steps:
- Click the menu „Shop“.
- Click the button „Shop Consumers“.
- You see our shop with all products.
- All products can be viewed under "details".
- You can choose products by clicking on "Add to shopping basket".
- Click on the shopping basket icon or the button "Show shopping basket" if you want to have a look at your topical order.
- Here you can also change your ordered quantities.
- Click on the button "continue to payment".
- For all orders in our online shop you have the possibilities to log in to an existing customer account or to place your order in the sector “invoice details” without account or to open a customer account. For future orders you will receive an automated email with a preliminary password which you can change in your personal customer account.
- Furthermore, in the area of „Shipping address“, you have the possibility to enter a different delivery address than the billing address.
- Please check your order in the „overwiew“ section and choose your terms of payment "Advance payment" or "PayPal" and accept our terms and conditions and data protection regulations (you can view these at any time at: https://www.inkarna.de).
- According to the selected payment type you will be forwarded to the payment transaction After payment you can go “Back to the shop” to view the details of your purchases.
- Your order was transmitted to Inkarna (email was sent to email@example.com).
- You will immediately receive an e-mail with the order confirmation to the email address provided by you.
- Once your payment has been successfully completed or confirmed by PayPal, delivery of the ordered products will be initiated.
2.3 In the case of the realization of the contract the contract is made with:
Managing directors Angelika Kistler, Simon Kistler, Dr. Manfred Fischer
Lindenhof 1, D-85254 Sulzemoos
Registernummer HRB 154357, Registergericht München
Telephone: 0049 (0) 8134-92288 or 0049 (0) 8267-1588
Tax number: 115 / 129 / 30222
VAT number: DE 288376843
§ 3 Right of revocation, revocation instruction
3.1 You may cancel your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, e-mail), by telephone or, if the goods are at your disposal before the end of that period, by simply returning the shipment. You may use the withdrawal form (sample notification on cancellation rights) as given in §4, which is however not obligatory. The term starts with the receipt of this instruction, but not before the goods arrived at the receiver (in case of recurring deliveries of equal goods not before the first part delivery was received) and also not before our duty to supply information was fulfilled according to article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB. The timely dispatch of the revocation form or the product or a telephone call is sufficient for keeping the cancellation period.
The cancellation or the product return is to be addressed to: Inkarna GmbH, Managing director Angelika Kistler, Simon Kistler, Dr. Manfred Fischer, Lindenhof 1, D-85254 Sulzemoos, E-Mail: firstname.lastname@example.org, Tel.: 0049 (0) 8134-92288 or 0049 (0) 8267-1588
3.2 In the case of an effective revocation the mutually received benefits are to be returned and if so derived profits are to be returned. In case you are unable to reimburse us either in total or partially for services received, you are required to offer a compensation of equal value. This does not apply, when the deterioration of the merchandise has been checked like it is possible in a shop. Has the merchandise been damaged through conventional usage, you do not have to pay compensation. Any merchandise eligible for shipping will be returned at our expense and risk. You are responsible for covering the regular cost of return postage if the goods delivered are as ordered and if the price of the goods to be returned is less than € 40, or in case of a higher price you have not provided consideration or a partial payment agreed under the terms of the contract. Otherwise the sending back is free of charge for you. Duties for the compensation of payments must be fulfilled within 30 days. This time period begins for you with the posting of your revocation or the merchandise, for Inkarna GmbH with the reception of it.
3.3 3 If you are entrepreneurs in the sense § 14 of the civil law book (BGB) and at the time of conclusion of the contract in practice of your commercial or independent activity act, the return right does not exist.
3.4 According to § 312 d paragraph 4 BGB the right of withdrawal does not exist (amongst others) for distance contracts for supplying goods that are produced according to customer specifications or clearly tailored to personal needs or which are due to their condition not suitable for return or spoil quickly or whose expiration date would pass.
End of the information about rights of revocation
§4 Sample notification on cancellation rights
Complete and return this form if you wish to withdraw from the contract and address it to:
Managing directors Angelika Kistler, Simon Kistler, Dr. Manfred Fischer
I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods*/provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer
Address of consumer
Signature of consumer (only on paper documents)
(*)Delete as appropriate.
§ 5 Reservation of ownership
We reserve the title of the delivered goods until settlement of all of the receivables from the business relationship with the ordering party. Ownership of the delivered products shall only pass to the customer once the purchase price has been paid in full.
§ 6 Prices and shipping costs
6.1 All prices displayed on our website are end prices including value added tax on the basis of the applicable German statutory rate. They do not include the shipping costs, which are shown separately after the order.
6.2 The shipping costs depend on the shipping method, the chosen shipping company, the weight of the ordered products as well as the delivery address (City and Country of delivery) and will be displayed on the invoice.
6.3 Delivery charges within the territory of Germany amounts to 4.50 € per delivery. For orders with a value over 50 €, we deliver free of charge within Germany.
6.4 Apart from the product price and the shipping costs, there are no further charges payable by the customer. The prices stated in the online shop at the time of your order are binding for Inkarna GmbH.
§ 7 Terms of payment
You have the following choices for payment:
7.1 Advance payment
Prepayment of the ordered goods (cash in advance), insofar as no other conditions are specified in the product description of the offer.
Please transfer the invoice amount to the following account:
Account holder: Inkarna GmbH
Account number: 0100 9133 32
Bank: Volksbank Dachau
IBAN: DE79 7009 1500 0100 9133 32
Payment via PayPal, insofar as no other conditions are specified in the product description of the offer.
If the customer chooses „PayPal“ as payment option for his order in our online-shop, automated data of the person concerned will be transferred to PayPal. A PayPal account is kept by an email address; therefore there is no classical account number.
§ 8 Delivery and partial delivery
8.1 1 If not agreed otherwise, we will ship the ordered products to the delivery address as given by the consumer. Delivery takes place within Germany, into other European countries and into Switzerland. Deliveries are carried out by our logistics provider DPD. Inkarna GmbH may also engage other logistics providers. Deliveries into other countries are only performed after prior review of written customer requests (supply reservation).
8.2 The dispatch of the ordered goods will take place within 5 working days after the receipt of payment, unless a shorter or longer delivery period has explicitly been indicated.
8.3 Partial deliveries shall be permissible if the partial delivery is useable for the customer within the framework of the contractual stipulation of purpose, the delivery of the remaining ordered items is assured and the customer does not have any material additional costs hereby. Occasionally there might be supply bottlenecks with an item that is out of stock. Depending on the situation and on the estimated delivery time, short potential delays in the delivery or partial deliveries may result. In the case of a long-term non-availability of a product, we shall inform you automatically.
Partial deliveries that are initiated or offered by Inkarna GmbH are free of shipping costs. If partial deliveries are carried out due to individual customer requirements, additional shipping costs will be
8.4. If Inkarna GmbH is not able to deliver the ordered goods without any fault on its part, because our supplier does not comply with his contractual obligations, we shall have the right to cancel the contract with the customer. In this case we will inform our customer that the ordered product is not available. The legal claims of the customer remain unaffected. An already paid purchase price will immediately be refunded.
§ 9 Passing of risk, transport and notification of transport damages
9.1. The risk of accidental loss or deterioration of the goods passes to the forwarding company, respectively to the customer upon delivery, as soon as the goods have been handed over to the persons charged with their shipment. Inkarna GmbH will not be liable for any damages that occur during transportation to the customer.
9.2. The customer shall put forth his/her best effort to support Inkarna GmbH in the event of transportation damages, insofar as claims are asserted against the affected transportation company or transportation insurance company. Possible rights and claims of the consumer, particularly the rights of law of the consumer in case of delivery of damaged products, will not be touched by the preceding arrangements; these do not include a foreclosure of the customer's rights according to point 11 of these general terms and conditions.
9.3. The customer is obliged to examine all merchandise delivered upon receipt for defects. The customer shall undertake, in the event of externally recognizable damages and in the event that he accepts delivery despite visible damage, to note damages on respective shipping documents and to obtain a written confirmation of any damage from the carrier; the packaging shall be stored in safekeeping.
9.4. In the event of a (partial) loss or an externally invisible and therefore not obvious damage of the delivered merchandise, the customer shall notify Inkarna GmbH of the damage within five days after delivery or inform the transport company within seven days after delivery in order to ensure that possible claims against the transport company can be enforced in due time.
§ 10 Warranty and liability
10.1 If delivered items exhibit obvious material or manufacturing defects, including transport damage, or if the delivered items are incorrect, please register your complaint immediately with the employee of DHL or a potential other shipping company. Failure to report such a problem does not have any consequences regarding your legal entitlements, however. For all defects of the purchased goods that occur during the legal warranty period, you can legally claim, at your choice, either subsequent delivery, repair or replacement, and - if the law so permits - further claim a price reduction or revocation of the contract.
10.2 The statutory warranty period shall apply for every product delivered by us. The period begins upon delivery of the goods. Longer warranties of other manufacturers remain unaffected. Warranty claims towards customers who did not place their orders as consumers, are limited to a period of time of one year after delivery of the goods.
10.3 3 In the event of only slight defects, or only a slight breach of obligations on our part, withdrawal from the contract is excluded.
10.4 Manufacturer´s enhancements, improvements and technical changes do not constitute defects.
10.5 The warranty shall not cover damage and defects arising from improper and inappropriate use, processing, storage, faulty and negligent treatment or failure to comply with our instructions for use.
§ 11 Data protection
11.1 Attention to data protection laws for the protection of the clients is a particular concern of Inkarna GmbH. Personal data are only collected, as far as this is technically necessary for the use of our homepage or if the costumer provides the data voluntarily for contract performance or receiving a newsletter.
11.2 When visiting the website of Inkarna GmbH, without filling out a registration form, only technical information will be collected on your visit, such as the internet browser you use, your length of stay on our internet pages, the pages you called up during your visit, the name of the domain from which you accessed our website, the IP address of your provider, server port, referrer URL, date and time of request, volume of data transferred, protocol on successfully processed request. This storage is done for internal system-related and statistical purposes only. The data are not assigned to a special person and not put together with other data sources. No data whatsoever will be passed on to third parties. The IP – address assigned to the customer will not be saved.
11.3 Personal data that are necessary for the establishment and performance of a contractual relationship will be collected when filling the order form. These are first name and family name, company name, address, telephone number and e-mail-address. Your personal data will be used exclusively for dealing with your order or responding to your inquiries and will not be passed on to third parties. By supplying his or her personal details via the order form or e-mail message and accepting its sending, the customer authorizes Inkarna GmbH to permanently store and process the personal details sent in its own file. The consumer can withdraw his or her consent for future use of his personal data at any time.
11.4 The customer can always get free information about the stored data concerning his person and ask them to be corrected or deleted. If judicial or contractual keeping obligations exist or any other judicial reasons oppose to a deletion, the data will be blocked.
11.5 The cancellation of consent to data processing, as well as requests for information, rectification or deletion of data can be sent at any time, free of costs and without giving reasons in writing by post to Inkarna GmbH, Lindenhof 1, D-85254 Sulzemoos, or via e-mail to: email@example.com.
§ 12 Applicable law and place of jurisdiction
12.1 1 German law applies excluding the UN sales law.
12.2 For customers concluding the contract for reasons other than commercial or in pursuit of their professional activities (consumer), this choice of law only applies to the extent that the granted protection is not withdrawn by imperative provisions of the law of the country, or state, the customer normally resides in.
12.3 For all disputes on the basis of this contract, if the client is a merchant registered in the commercial register, a public body or a public separate estate or has his head office outside of the Federal Republic of Germany, the place of jurisdiction is Dachau.
§ 13 Other
13.1 Contract language is German.
13.2 Should individual provisions of these general terms and conditions be ineffective or contestable, the effectiveness of all other provisions shall remain unaffected. As far as some terms are invalid, the content of the contract complies with the legal provisions.
Date of current version of Terms and Conditions: March 2018