§ 1. Scope
(1). The following general terms and conditions apply exclusively to sales of goods and other services by us, InLocation Consulting GbR, regardless of whether these transactions are concluded online or offline.
The following general terms and conditions apply in their version valid at the time the contract is concluded.
Any deviating or conflicting terms and conditions of the buyer will not be recognized by us unless we have expressly agreed to them. The performance of the services is not to be regarded as such consent.
(2). These general terms and conditions apply exclusively to entrepreneurs within the meaning of §§ 14, 310 Paragraph 1 of the German Civil Code (BGB).
§ 2. Registration as a customer
(1). In addition to direct orders, you have the option of creating your own user account and thus registering as a customer for our trading system. Only entrepreneurs are eligible to participate (see Section 1, Paragraph 2).
You must provide the data required to create the user account completely and truthfully. You are responsible for entering subsequent changes to your personal data.
(2). The password you have chosen must be kept secret under all circumstances and never disclosed to third parties.
(3). By registering, you declare your general consent to use your data for invoicing and internal processing.
§ 3. Prices, shipping costs, terms of payment, offsetting, assignment
(1). Our euro prices are for Germany plus the applicable sales tax. The prices of our current Internet offers and the promotional prices are binding for the specified period of validity. The prices that apply at the time the order is placed apply. There is therefore basically no entitlement to receive goods at earlier or later lower prices. Insofar as we exceptionally take into account price reductions for your current order before delivery of the goods, this is done voluntarily and without any legal obligation.
(2). If we charge shipping costs, these will be shown separately in the invoice.
(3). You are only permitted to fulfill the obligation to pay the purchase price by offsetting if your counterclaims have been legally established, are undisputed or have been recognized by us. In addition, you are only authorized to exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 4. Payment method
Generally against prepayment. Instant payment, credit card payments are possible. Invoices (possible in individual cases) are to be paid within 10 days without deductions. In individual cases, delivery can be made against cash on delivery.
§ 5. Retention of title
We reserve the ownership of the delivered goods until all claims from the business relationship to which we are entitled against the customer have been met. This also applies if we have included individual claims in the current invoice and the balance has been drawn and recognized. If the customer acts in breach of contract, in particular in the event of default in payment, we are entitled to take back the goods; the customer is obliged to surrender. The withdrawal only constitutes a withdrawal from the contract if we expressly declare this in writing. The goods may neither be pledged nor assigned by way of security until they have been paid for in full without our written consent. If the goods are inseparably connected or mixed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the delivered goods to the other connected or mixed items at the time of combining or mixing. If the connection or mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer shall transfer proportional co-ownership to us. The customer keeps the sole or co-ownership for us. If the delivered goods are processed or processed by the customer before payment, this is done for us. If the goods are processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the delivered goods to the other processed items at the time of processing. The customer is entitled to resell the goods in the ordinary course of business. It is already now agreed with the customer that all of his claims against the buyers from the sale or transfer, in particular the right to payment of the purchase price, are hereby assigned to us. The customer is authorized to collect this claim for us. We undertake not to collect the claim as long as the customer duly fulfills his payment obligations to us and is not in default of payment. If this is the case, however, we can demand that the customer disclose the claims assigned to us and their debtors, as well as provide all information required for collection, hand over the associated documents and notify the third-party debtors of the assignment. If third parties access the goods to which we have fully or partially reserved ownership, the customer must inform us immediately by fax, email or telephone. In the case of enforcement measures, the bailiff must be informed by the customer that third party property exists.
§ 6. Exchange and return
Exchanges and returns can only take place within 14 days of delivery and only after prior consultation with one of our employees in the office. To do this, it is necessary to provide the delivery note number. The goods must be in their original packaging, unused, undamaged and unlabeled. After consultation with the customer by telephone, InLocation Consulting GbR arranges for the goods, which have been carefully and unbreakable with additional packaging, to be picked up by a freight forwarder commissioned by us or by our sales representative.
§ 7. Notification of defects
If the delivered goods have obvious defects, this must be reported within three working days of receipt of the goods. The customer must have the transport company confirm any damage to the packaging in writing. Other defects must be reported within three working days of their discovery. To ensure that the notification of defects is timely, it is sufficient to send it within the deadline if we receive it later. If this does not happen, the customer is not entitled to any claims against us due to these defects.
§ 8. Retention and offsetting
The customer is only entitled to a right of retention or set-off if the counterclaim is undisputed or has been legally established. This does not affect the customer's right to refuse performance until we have provided a counter-performance from the same contract, if there is no obligation to perform in advance.
§ 9. Damage caused by delay
The flat-rate compensation for delay amounts to 0.5% of the invoice value of the delayed service for each full week of delay, but a maximum of 5% in total if we are responsible for the delay due to slight negligence.
§ 10. Liability
We are not liable for damages due to an insignificant breach of duty - regardless of the legal reason - for distant - i.e. not typically occurring - property and financial damage for which we are only responsible for slight negligence.
§ 11. Limitation of Claims for Defects
Claims for defects against us become statute-barred after 12 months. This does not apply in the case of culpable breaches of duty that lead to injury to life, limb or health or for grossly negligent breaches of duty.
§ 12. Supplementary performance
If the item delivered by us is defective and we are obliged to provide supplementary performance, we can choose to either eliminate the defect in the item delivered or deliver a new item free of defects in return for the defective item.
§ 13. External advertising statements
Insofar as the quality of the object of purchase has not been agreed, properties that are assigned to the purchased item on the basis of public statements by third parties, in particular advertising statements, by manufacturers, importers and advertising agencies, only belong to their target quality if the customer can prove that we were aware of this statement or should have known and the statement influenced his purchase decision and we cannot prove that the statement was corrected in an equivalent manner up to the conclusion of the contract.
§ 14. Data protection
The security and protection of your personal data is particularly important to us. We will inform you in detail about how to deal with these in our data protection declaration, which you can access here.
§ 15. Final provisions, applicable law, jurisdiction, severability clause
(1). Changes or additions to these terms and conditions in writing. This also applies to the cancellation of this written form requirement.
(4.) Should individual provisions of this contract be ineffective or contradict the statutory provisions, this shall not affect the rest of the contract.
§ 16. Place of fulfillment, place of jurisdiction
The place of performance for all obligations arising from the contractual relationship is Hamburg. The place of jurisdiction is Hamburg.