§ 1 Scope, Definitions
These General Terms and Conditions govern the contractual relationship between the provider and the customers who order products from the provider in the webshop accessible at www.indion-supplements.com (“customers”). Only the following General Terms and Conditions in their version valid at the time of the order shall apply. Deviating conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
§ 2 Registration as Customer
(1) Customers can register on the website for free. There is no entitlement to admission to the provider’s webshop. Only consumers according to § 13 BGB and fully legally competent persons are entitled to register. By registering, the customer chooses a personal password. The customer is obliged to keep the password secret and not to disclose it to third parties.
(2) The data required for registration must be provided in full and truthfully. Registration with an account from Facebook, Amazon, PayPal, or Google+ is optional if the customer is registered on the respective platform.
(3) Registration is – apart from agreeing to these GTC and the privacy policy – without any obligations. The customer can delete his user account at any time. An appropriate option can be found in the administration area of the account. The creation of a user account does not entail any purchase obligation.
(4) Registration is not mandatory for using the webshop. Non-registered customers can purchase goods using a guest account.
§ 3 Conclusion of Contract
(1) The customer can select various rings from the provider’s assortment and collect them in a so-called shopping cart by clicking the button “add to cart”. By clicking the button “order with obligation to pay”, he submits a binding offer to buy the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the customer has accepted these contract conditions by clicking the button “accept GTC” and thereby included them in his offer.
(2) The provider then sends an order confirmation to the customer by email, which lists the customer’s order again and can be printed out by the customer using the “Print” function. The contract is concluded by the acceptance statement sent by the provider with the email (order confirmation).
§ 4 Delivery, Availability of Goods
(1) If no copies of the product selected by the customer are available at the time of the customer’s order, the provider will immediately inform the customer in the order confirmation. If the product is permanently unavailable, the provider refrains from a declaration of acceptance. A contract does not come into effect in this case.
(2) If the product designated in the order by the customer is only temporarily unavailable, the provider will also inform the customer immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the provider is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
§ 5 Reservation of Ownership
The delivered goods remain the property of the provider until full payment is made.
§ 6 Prices and Shipping Costs
(1) All prices stated on the provider’s website include the applicable statutory sales tax.
(2) The respective shipping costs are indicated to the customer in the order form and are to be borne by the customer, provided the customer does not make use of his right of withdrawal. From a goods order value of 50 EUR, the provider delivers to the customer free of shipping costs. Below this goods value, a flat rate shipping fee of 5 EUR applies.
(3) The goods are shipped via postal service.
(4) In the case of a withdrawal, the customer bears the regular costs of the return if the delivered goods correspond to the ordered ones. Otherwise, the provider bears the costs of the return.
§ 7 Payment Modalities
(1) The customer can make the payment using the payment methods indicated on the website.
(2) The customer can change the payment method stored in his user account at any time.
(3) The purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he has to pay the provider default interest of 5 percentage points above the base rate.
(4) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
§ 8 Warranty for Material Defects, Guarantee
(1) The provider is liable for material defects according to the applicable legal regulations, especially §§ 434 ff. BGB.
(2) An additional guarantee exists for the goods delivered by the provider only if this was expressly given in the order confirmation for the respective article.
§ 9 Liability
(1) Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused by simple negligence unless it concerns claims for damages by the customer resulting from injury to life, body, or health.
(3) The restrictions of paragraphs 1 and 2 also apply in favor of the provider’s legal representatives and vicarious agents if claims are made directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 10 Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us, PT GLOBAL INNOVATION DECENTRALIZED, by means of a clear declaration (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send the communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods.
§ 11 Data Processing Note
(1) The provider processes the customer’s data in the context of contract processing based on Art. 6 Para. 1 lit. b GDPR. He observes the applicable data protection regulations. Without the customer’s consent, the provider will only process inventory and usage data of the customer as far as this is necessary for processing orders and for using telemedia.
(2) Otherwise, with regard to the handling of personal data, reference is made to the provider’s data protection declaration, accessible at www.indion-supplements.com.
§ 12 Final Provisions
(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customers.
(2) The contract remains binding in its remaining parts even if individual points are legally ineffective. Instead of the ineffective points, the statutory provisions apply, if available. However, if this would represent an unreasonable hardship for one of the parties, the contract as a whole becomes ineffective.