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GENERAL TERMS AND CONDITIONS
Scope
These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded with the owner of this website. Our offer is exclusively directed at entrepreneurs and self-employed persons (hereinafter "Customer") who act in the exercise of their commercial or self-employed activity within the meaning of § 14 (1) BGB (German Civil Code) when concluding the contract. These GTC also apply to all future business relationships between the owner and the Customer.
Deviating or conflicting conditions of the Customer will not be recognized unless we have expressly agreed to them in writing. If special terms and conditions have been agreed, these generally do not apply to concurrent or future contractual relationships.
Conclusion of Contract
The purchase contract is concluded with the owner. The presentation of goods is non-binding and merely constitutes an online catalog, not a legally binding offer. The Customer can place goods in the shopping cart without obligation and correct or remove them from the shopping cart at any time during the ordering process.
By clicking the "Order with obligation to pay" button, the Customer submits a binding offer for the goods contained in the shopping cart. By submitting the order, the Customer accepts these GTC as well as our privacy policy, which can be viewed in the online shop. Confirmation of receipt of the purchase offer will be sent immediately after the order has been submitted by email. The Customer is responsible for ensuring that emails sent by us are correctly deliverable and not blocked by spam filters or similar measures. The dispatch of the order confirmation does not yet constitute acceptance of the offer on our part.
The Customer can also submit their offer by telephone, email, or other means. For offers that are not submitted via the online shop, we confirm receipt of the purchase offer to the Customer by email.
Acceptance of the offer and contract are only concluded upon dispatch of the goods. We reserve the right to reject acceptance of the contract without stating reasons.
Prices and Payment Conditions
Unless otherwise indicated, all prices are net prices in Euro, plus the statutory value-added tax. We reserve the right to calculate the correct price or withdraw from the contract in the event of obvious price errors - after consultation with the Customer.
The following payment methods are available:
Advance payment
When selecting the "advance payment" payment method, we will send our bank details by email and dispatch the goods upon receipt of payment to our account. The invoice amount is due immediately after conclusion of the contract, unless a written special agreement has been made.
PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), the Customer must be registered with PayPal, authenticate themselves with their access data, and confirm the payment instruction.
PayPal may offer registered and selected PayPal customers additional payment methods based on its own criteria. We have no influence on the provision of these modalities. Individually offered payment modalities concern exclusively the legal relationship between the Customer and PayPal. Further information can be found in the Customer's PayPal account or requested from PayPal. Unless otherwise specified by PayPal, payment via PayPal Plus does not require registration with PayPal. The Customer will receive further instructions for the respective payment option and during the ordering process.
We reserve the right not to offer certain payment methods in individual cases and to refer to other payment methods.
In the case of pre-orders, we reserve the right to request a deposit from the Customer. Upon receipt of the purchase offer, the Customer will receive a payment request for the agreed deposit amount, which must be paid immediately or according to the specified payment deadline.
Payment is considered made as soon as the corresponding amount is credited to one of our accounts or has been booked by one of our payment service providers. In the event of default in payment, we are entitled to default interest of 10 percentage points above the respective base interest rate. All other legal rights remain unaffected. If claims are overdue, incoming payments are first offset against any costs and interest, and then against the oldest claim.
In the event of the Customer's economic inability to fulfill its obligations towards us, we have the right to terminate existing exchange contracts with the Customer without notice and to exercise our right of retention. This also applies in the event of the Customer filing for insolvency. Sections 321 BGB and 112 InsO remain unaffected. The Customer must inform us in writing in good time of any impending inability to pay.
Shipping and Delivery Conditions
In addition to the prices of the goods, shipping costs may be incurred, which are visible in the online shop. If the purchase offer is made by other means, we will inform the Customer of the amount of the shipping costs as part of an offer or confirmation of the purchase offer.
We generally only deliver by shipping; delivery to packing stations is not possible. Collection of goods is only possible in individual cases, by special arrangement.
If goods from an order are not or only partially available, we will inform the Customer immediately upon determining this fact and, in the event of withdrawal, refund the corresponding item. We are entitled to make partial deliveries.
We reserve the right to withdraw from the contract in the event of incorrect or unexecuted self-delivery. This only applies if the non-delivery is not our fault and a corresponding cover transaction has been concluded with the supplier. We will make every reasonable effort to obtain the goods.
In the event of force majeure affecting the performance of the contract, we are entitled to postpone delivery for the duration of the event and, in the event of longer delays, to withdraw from the contract in whole or in part, without giving rise to claims for damages or recourse. Force majeure includes all events that were unforeseeable for us and beyond our control. Any statutory provisions and Customer claims remain unaffected.
If "advance payment" is agreed as the payment method, specified delivery dates are subject to timely payment. In the event of delayed payment, the delivery date is postponed accordingly.
The countries to which we ship can be viewed in the online shop or alternatively requested. We reserve the right to restrict shipping to certain countries or regions.
For deliveries to countries outside the European Union, additional costs of payment transactions, import duties, taxes, or customs duties may be incurred in individual cases, which are to be borne by the Customer. These costs may also be incurred if the delivery does not take place to a country outside the European Union, but the Customer pays from a country outside the European Union.
The risk of accidental loss and deterioration passes to the Customer according to § 447 BGB upon handover of the goods to the carrier, freight forwarder, or the third party designated to carry out the shipment. Handover begins simultaneously with the loading process. Default of acceptance by the Customer results in the transfer of risk. We are not liable for damages that occur after the transfer of risk.
If the Customer organizes the shipping themselves, they are responsible for ensuring that the goods are properly packaged, loaded, and shipped. We accept no liability in this regard.
For goods subject to age restrictions, the Customer must ensure that the goods are only accepted by persons who have reached the required minimum age.
Retention of Title
We reserve ownership of the delivered goods until full payment of all claims. Pledging or transferring ownership of the reserved goods is not permitted before transfer of ownership. The Customer is obliged to store the goods properly until transfer of ownership and to protect them from damage or theft. Ownership of the goods passes to the buyer upon full payment, and the reservation lapses.
Warranty and Liability
The statutory provisions apply to the Customer's rights in the event of material and legal defects, unless otherwise specified below. The statutory provisions on consumer goods purchase (§§ 474 ff. BGB) and the Customer's rights from separately given guarantees remain unaffected in all cases.
We are generally not liable for defects that the Customer knows about or negligently fails to recognize at the time of contract conclusion (§ 442 BGB). Furthermore, the Customer's warranty claims presuppose that they have complied with their statutory inspection and complaint obligations (§§ 377, 381 HGB). In the case of goods intended for further processing, an inspection must be carried out immediately before processing in any case. If a defect becomes apparent upon delivery, inspection, or at any later time, immediate written notification must be given to us. In any case, obvious defects must be reported within 8 working days of delivery, and defects not detectable during inspection must be reported within the same period of discovery in writing. If the Customer fails to carry out the proper inspection and/or notification of defects, our liability for the defect not or not timely or properly notified is excluded according to the statutory provisions.
If the delivered item is defective, we may initially choose whether we fulfill the warranty by rectifying the defect (rectification) or by delivering a defect-free item (replacement delivery). If the type of subsequent performance chosen by us is unreasonable for the Customer in individual cases, they may refuse it. Our right to refuse subsequent performance under the statutory conditions remains unaffected.
We are entitled to make the owed subsequent performance dependent on the Customer paying the due purchase price. However, the Customer is entitled to withhold a reasonable portion of the purchase price in relation to the defect.
The Customer must give us the time and opportunity required for the owed subsequent performance, in particular by handing over the defective goods for inspection purposes. In the case of replacement delivery, the Customer must return the defective item to us at our request in accordance with the statutory provisions; however, the Customer is not entitled to return the defective item.
For handling complaints, we provide our Customers with a form in the customer area of the online shop.
On a voluntary basis, we provide our Customers with a return label for returning collected complaints once within a 30-day period. To ensure quick and uncomplicated processing of returns, all complaint processes must be handled via the form in the customer area, and the provided return label must be printed and enclosed with the shipment.
We bear or refund the expenses necessary for inspection and subsequent performance, in particular transport, travel, and our own labor and material costs, in accordance with the statutory provisions and these General Terms and Conditions if there is actually a defect. Otherwise, we can demand reimbursement of the costs incurred from the Customer for the unjustified demand for rectification of defects if the Customer knew or could have recognized that there was actually no defect.
Since batteries may naturally lose capacity due to prolonged or improper storage as well as external influences such as temperature fluctuations, humidity, or chemical reactions, we cannot accept liability for capacity loss.
Goods with tax bands ("taxable goods subject to consumption tax") must have an intact tax seal upon return; otherwise, there is a 100% loss in value, which we deduct from the refund amount. If the tax seal has fallen off the goods but is otherwise intact, it must be returned packaged together with the goods for possible refund verification.
Claims by the Customer for reimbursement of expenses pursuant to § 445a (1) BGB are excluded unless the last contract in the supply chain is a consumer goods purchase (§§ 478, 474 BGB) or a consumer contract for the provision of digital products (§§ 445c sentence 2, 327 (5), 327u BGB). Claims by the Customer for damages or reimbursement of futile expenses (§ 284 BGB) exist only in accordance with the following provisions, even in the event of defects in the goods.
We are liable for damages - regardless of the legal grounds - within the scope of liability for intent and gross negligence. In the case of ordinary negligence, we are liable, subject to legal limitations of liability (e.g., care in our own affairs; insignificant breach of duty), only
for damages resulting from injury to life, body, or health,
for damages resulting from the breach of a material contractual obligation (obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.
The limitations of liability resulting from the above paragraph also apply to third parties and in the event of breaches of duty by persons (also to their benefit) whose fault we are responsible for according to statutory provisions. They do not apply insofar as a defect has been maliciously concealed or a guarantee for the quality of the goods has been assumed and for claims under the Product Liability Act. Our information and descriptions are binding for the quality of the goods, but not other manufacturer's advertising or public praise and statements.
Contrary to § 438 (1) No. 3 BGB, the general limitation period for claims based on defects in quality and title is one year from delivery. Statutory special regulations on limitation periods remain unaffected (in particular § 438 (1) No. 1, (3), §§ 444, 445b BGB).
The aforementioned limitation periods under sales law also apply to contractual and non-contractual claims for damages by the Customer based on a defect in the goods, unless the application of the regular statutory limitation periods (§§ 195, 199 BGB) would result in a shorter limitation period in individual cases. Claims for damages by the Customer in cases of intent or gross negligence, for damages resulting from injury to life, body, or health, as well as under the Product Liability Act, expire exclusively after the statutory limitation periods.
Confidentiality and Data Protection
The price information and calculative documents provided are exclusively intended for the Customer and may not be made accessible to third parties - by disclosing access data, screenshots, or in any other form - without our explicit, written consent.
The Customer agrees that we may store and process personal data collected in the course of the business relationship for the purpose of contract processing.
We undertake to treat all personal data confidentially and to use it only within the framework of legal provisions. Disclosure to third parties only takes place insofar as it is necessary for contract processing or there is a legal obligation. The Customer has the right to obtain information about their stored data from us at any time and to request correction or deletion if this is legally permissible.
Furthermore, the privacy policy in our online shop applies.
Copyright
The information provided by us, such as texts, images, and documents, is protected by copyright. Its use is only permitted with our express, written consent. We reserve the right to revoke consent to use at any time and without giving reasons.
Information provided by third parties is subject to the copyright of those parties. Consent to use must be obtained separately from the respective rights holders and is not part of our consent to use.
Automated Data Collection / Scraping
The use of automated systems, programs, or general functions for collecting, extracting, or storing data from our online shop, especially with regard to delivery and price information - so-called "scraping" - is strictly prohibited. Intrade Concepts GmbH reserves the right to take both criminal and civil legal action, particularly with regard to injunctions and claims for damages.
Final Provisions
Should individual provisions of these terms and conditions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. Instead of the invalid or unenforceable provision, an effective and enforceable provision shall be deemed agreed upon that comes closest to the economic purpose of the invalid or unenforceable provision.
German law shall exclusively apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising from the business relationship between us and the Customer is the domicile of the owner.