Terms and Conditions
GENERAL TERMS AND CONDITIONS
OF INNOMETICS GmbH, AS OF 13.08.2022
Scope
These General Terms and Conditions shall apply as an integral part of every contract between the contracting party and INNOMETICS GmbH, Franzensdorfer Straße 32, 2285 Breitstetten. Hereinafter referred to as INNOMETICS.
By using the INNOMETICS website and by ordering products in the INNOMETICS webshop, the contracting party declares their agreement to the General Terms and Conditions (GTC) listed below. INNOMETICS provides its services exclusively on the basis of these General Terms and Conditions. Individual agreements are only valid if confirmed in writing by INNOMETICS.
Our contracting party agrees that in the event that they use their own GTC, our terms and conditions shall prevail in case of doubt, even if the terms and conditions of the contracting party remain undisputed.
Acts of contract performance on our part do not constitute consent to contract terms that deviate from our conditions. If any ambiguities remain in the interpretation of the contract, these shall be resolved by considering the content that is usually agreed upon in comparable cases.
The inclusion of General Terms and Conditions or contractual terms of the customer that deviate from these GTC is rejected unless they are expressly recognized by INNOMETICS. By placing an order, the customer declares that they waive the application of their own GTC, if any.
Conclusion of Contract
We point out that the product presentation as well as the price list on our website do not constitute a legally binding offer.
Our offers are subject to change. The contract is only concluded upon the dispatch of a written shipping confirmation (“A shipment from order #9999 is on its way”) by us. A minimum order value of € 29 applies to all orders.
Ordering Process
In the overview of the online shop's assortment on the website, the customer can select the desired goods by clicking on the “add to cart” button. The selected goods are temporarily stored in the shopping cart during the customer's visit to the website. By clicking on the “view cart” or “checkout” button below the goods listed in the shopping cart, the ordering process continues. On the following “complete order” page, the customer selects the desired delivery location and the desired payment method and enters the data required for the payment execution. By accepting the GTC and clicking on the “buy now” button, the customer submits a binding purchase offer for the goods selected.
Order Confirmation
After receiving the order, INNOMETICS sends a notification email (“Confirmation of your order”) to the email address provided by the customer, in which the receipt of the order is confirmed and its content is reproduced.
The processing of the order and the transmission of all information required in connection with the conclusion of the contract are partially automated via email. The customer must therefore ensure that the email address they have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by SPAM filters.
Electronic Invoicing
Our customer agrees that invoices to them are created and transmitted exclusively electronically.
Payment Method
The invoice amount can be paid via Paypal, Credit card (Visa, MasterCard, Maestro), Klarna Sofort, eps-transfer, Shop, Apple and Google Pay .
Due Date/Prepayment
Unless another payment method is agreed upon, the customer undertakes to pay the full purchase price upon conclusion of the contract. The goods will only be delivered after the amount has been received in our bank account.
Payment in Advance
For payment in advance, the customer shall transfer the invoice amount to the INNOMETICS account within 7 days of the conclusion of the contract (bank details are visible in the order confirmation and in the legal notice); otherwise, the purchase contract shall be considered as not concluded. Shipping takes place only after receipt of payment.
Purchase on Account
For purchases on account, the customer shall transfer the invoice amount within 7 days of receiving the goods to the INNOMETICS account (bank details are visible in the order confirmation and in the legal notice); otherwise, the purchase contract shall be considered as not concluded and the goods must be returned to innometiko.shop the buyer's expense. The retention of title according to INNOMETICS applies.
Payment via PayPal/Credit Card
When paying with PayPal, the customer instructs PayPal to transfer money from their PayPal account to the INNOMETICS PayPal account after completing their order. This happens immediately, even if INNOMETICS does not have the goods in stock and cannot ship them for a few days. Shipping takes place only after receipt of payment. With the PayPal payment method, INNOMETICS saves the email address and delivery address provided by the customer in PayPal in order to process the order.
Payment via Sofortüberweisung and eps-transfer
For Sofortüberweisung, we use the payment provider Klarna Sofort. With the TÜV Saarland-certified payment system “Sofort.”, customers pay securely and conveniently using the direct transfer procedure with their usual online banking data (PIN/TAN) and without registration. The merchant receives a real-time confirmation after the transfer is completed. This allows them to ship stock goods and digital products immediately – so customers receive their purchases faster.
Default Interest
Even if the contracting party is not at fault for the delay in payment, we are entitled to charge default interest at a rate of 5% per annum; this does not affect claims for compensation for proven higher interest in the event of culpable delay in payment.
Prices and Shipping Costs
All prices are total prices. They include all taxes, including VAT, and duties, but exclude shipping costs. You can find the shipping costs in our shipping cost overview. For corporate clients, INNOMETICS GmbH reserves the right to charge separate shipping costs according to the offer. Orders over 30kg will be delivered by freight forwarder at additional costs.
Delivery
In the absence of an express agreement to the contrary, our contracting party bears the costs and risk of transport for deliveries.
The goods remain our property until full payment has been received. In the event of a delay in payment by the customer, we are entitled to assert our rights arising from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract unless we expressly declare our withdrawal from the contract.
Delivery and Shipping Conditions
Delivery of goods is made by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive. If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping.
Retention of Title
The goods remain our property until full payment has been received. In the event of a delay in payment by the customer, we are entitled to assert our rights arising from the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract unless we expressly declare our withdrawal from the contract.
Right of Withdrawal/Right of Cancellation
The customer has the right to withdraw from the purchase contract within fourteen days without giving any reasons.
The withdrawal period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.
Non-existence of the Right of Withdrawal
There is no right of withdrawal for goods that are manufactured according to customer specifications or are clearly tailored to personal needs.
Lapse of the Right of Withdrawal
For goods that are delivered sealed and are not suitable for return for health or hygiene reasons, the right of withdrawal (right of cancellation) expires if the goods have been unsealed after delivery.
To exercise the right of withdrawal, the customer must inform INNOMETICS of their decision to withdraw from this contract by means of a clear declaration, via email to office@innometics or by post to INNOMETICS GmbH, Franzensdorfer Straße 32, 2285 Breitstetten (see Cancellation Policy).
Information on Statutory Warranty
The provisions on the statutory warranty apply. Complaints based on statutory warranty claims or other complaints can be made at the following address: office@innometiko.shop.
Liability
The seller is liable to the customer for all contractual, quasi-contractual, and legal claims, including tortious claims for damages and reimbursement of expenses, as follows:
The seller is liable without limitation for any legal reason in cases of intent or gross negligence, in cases of intentional or negligent injury to life, body, or health, based on a guarantee promise, unless otherwise regulated in this regard, based on mandatory liability such as under the Product Liability Act. If the seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited according to the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer may regularly rely. Otherwise, liability of the seller is excluded. The above liability provisions also apply with regard to the seller's liability for its vicarious agents and legal representatives.
Warranty for Material Defects and Guarantee
The warranty is determined by statutory regulations. A guarantee only exists for the goods delivered by the seller if it was expressly granted. Customers are informed about the guarantee conditions before initiating the order process. The customer is asked to complain about delivered goods with obvious transport damage to the deliverer and to notify the seller of this. If the customer fails to do so, this has no effect on their statutory or contractual claims for defects. Product properties are not guaranteed by INNOMETICS unless the guarantee is expressly given. INNOMETICS is only liable for damages to the goods themselves. In particular, the purchaser is only entitled to claims for damages due to any consequential damage if an expressly guaranteed property is missing and the guarantee was intended to exclude the risk of the consequential damage that occurred. Further claims of the purchaser – regardless of the legal reason – are excluded.
Contract Language
The contract language is German.
Storage of the Contract
The order data is stored by Shopify. This data is used exclusively for processing the order and is never passed on to third parties without consent (see Privacy Policy).
If you have any questions about our GTC, please feel free to contact us!