General Terms and Conditions
§1 contractual partner, scope
1. The purchase contract comes with InTraGer International Trading Germany GmbH & Co. KG (hereinafter referred to as “InTraGer”), Lange Strasse 38, D-38448 Wolfsburg, Germany Phone: +49 5363/9979052 Fax: +49 5363/9979416 Email: firstname.lastname@example.org Commercial Register: Local Court Braunschweig, HRA 202021 VAT identification number: DE-311372933.
2. All deliveries and services that InTraGer provides for customers (hereinafter also “you” and “you”) are carried out exclusively on the basis of the following general terms and conditions in the version valid at the time the respective contract was concluded.
3. The contract language is German.
4. Branch office of InTraGer is Sattlerstr. 12, 85049 Ingolstadt
§2 conclusion of the contract
1. The offers of InTraGer on its website represent a non-binding online catalog and thus a non-binding invitation to the customer to order goods from InTraGer.
2. By ordering the desired goods by completing and sending the online form on the Internet, by e-mail, by fax, by phone or by post, the customer makes a binding offer to conclude a purchase contract. The offer is binding at the latest when it has passed the respective interface to InTraGer. By sending the order to InTraGer, the customer assures that he has unlimited legal capacity. InTraGer is not obliged to accept the customer’s offer.
3. When ordering from our online shop, the order process comprises a total of 4 steps. In the first step you select the desired goods. Give in the second step
Your customer data including billing address and possibly different delivery address. In the third step you choose how you want to pay. In the last step, you have the opportunity to check all details (e.g. name, address, form of payment, ordered items) again and correct them if necessary before you send your order to us by clicking on ‘Send order’.
4. With your order you submit a binding offer to us to conclude a contract with you. We can accept this offer by sending you an order confirmation by email or by delivering the ordered goods.
5. First you will receive a confirmation of the receipt of your order by email to the email address you provided (order confirmation). However, a purchase contract is only concluded when our order confirmation is sent to you by email or when the ordered goods are delivered.
6. The order confirmation to the customer does not constitute acceptance of the customer’s offer.
7. If the order confirmation or any other legally binding declaration from InTraGer contains typing or printing errors or if the pricing is based on transmission errors, InTraGer is entitled to contest the declaration due to errors, whereby InTraGer bears the burden of proof regarding the error. Possibly. In this case, payments received will be reimbursed immediately.
8. InTraGer is entitled to accept this offer within a period of 3 calendar days by sending an order confirmation in a separate email or by sending the ordered goods. A purchase contract is only concluded when InTraGer sends the ordered product to you and confirms the shipment to the customer with an email (shipping confirmation). After a fruitless expiry of the period (after 3 calendar days), the offer is considered rejected.
§3 storage of the contract text
We save the contract text of your order. You can print this out before sending your order to us by clicking on “Print” in the last step of the order. We will also send you an order confirmation and an order confirmation with all order details and our general terms and conditions to the email address you provided. You can also view the general terms and conditions at any time at www.intrager.de.
§4 retention of title
1. The ordered goods remain the property of InTraGer until all claims have been paid in full.
2. In contracts with entrepreneurs, we reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full.
3. The entrepreneur is entitled to resell the goods in the ordinary course of business. He already assigns to us all claims in the amount of the invoice amount that accrue from the resale against a third party. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur fails to meet his payment obligations properly and is in default.
4. The processing and processing of the goods by the entrepreneur is always done in our name and on our behalf. If processing takes place with objects that do not belong to us, we acquire co-ownership of the new item in relation to the value of the goods delivered by us to the other processed objects. The same applies if the goods are mixed with other objects that do not belong to us.
§5 prices, shipping costs, return costs in case of cancellation
1. All prices are final prices in euros and include the applicable statutory value added tax without shipping costs at the time of the order.
2. For the shipping costs of the delivery, the costs will be calculated separately. Any shipping costs incurred are specified separately for the respective products. For orders with a value of more than 40, – € we bear the shipping costs. If the order value is lower, you will bear the costs of shipping.
3. All prices mentioned, including shipping, apply only to the respective country of delivery and only at the time of the order. When the InTraGer website is updated, all previous prices and other information about goods become invalid. The version valid at the time of the order is decisive.
§6 terms of payment
1. Payments are made either in advance (bank transfer in advance), PayPal, PayPal Plus (PayPal, credit card, direct debit or invoice). We reserve the right to exclude individual payment methods. The payment methods are restricted for orders by phone.
2. Deliveries to entrepreneurs or public institutions can be carried out after checking and approval against invoice. In any case, a written order from the customer is necessary for this. The order must always be sent to InTraGer by fax or email. Only such orders on account are always due for payment immediately. All payments are made without discounts and without any other deductions.
2.1. In the case of advance payment, we will send you our bank details by email, fax or post. After receiving this information, the purchase price must be received on our account within 14 days. We will then send the goods you have ordered
2.2. If the PayPal payment method has been agreed, you will be automatically forwarded to PayPal’s secure payment form after submitting your order. If you already have a PayPal account, just log in. Otherwise, click Set up an account and follow the instructions. We will receive your payment within seconds and your goods can be shipped immediately upon availability.
2.3. If you agree on the direct debit payment method, you give us a direct debit authorization (= SEPA direct debit mandate). We will only debit the invoice amount *** *** after the invoice has been issued. The invoice is issued upon acceptance of the order.
2.4. If you have chosen to pay by credit card, the required information must be sent to us when you place your order. Your credit card will be charged when we accept your order.
2.5. If the payment method invoice purchase is selected, the purchase price is due after the goods have been delivered and invoiced. With your goods you will receive a pre-filled transfer form. Please transfer the registered invoice amount without deduction within 10 days of the invoice.
2.6. In order to hedge the credit risk, InTraGer reserves the right to offer the customer deliveries only against prepayment, cash on delivery or PayPal.
3. The payment amount shown on the invoice is to be paid in full to InTraGer, regardless of the payment method. Deductions from transaction fees and the like, which arise, for example, when settled by international banks, are not accepted by InTraGer.
§7 right of withdrawal
1. Instruction for Right of withdrawal
If the customer is an entrepreneur (§ 14 BGB), he has no right of withdrawal according to § 312g BGB i. V. m. § 355 BGB. The right of withdrawal only applies to consumers within the meaning of Section 13 of the German Civil Code (consumer is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity). Consumers have the following right of withdrawal:
2. Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. In order to exercise your right of withdrawal, you must contact us, InTraGer International Trading Germany GmbH & Co.KG, Sattlerstr. 12, 85049 Ingolstadt, Germany Phone: +49 5363/9979052 Fax: +49 5363/9979416 Email: email@example.com a clear statement (e.g. a letter sent by post, fax or email) informing you of your decision to cancel this contract. You can use the model withdrawal form on www.intrager.de, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication regarding your right of cancellation before the cancellation period expires. 3. Consequences of cancellation If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can 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 have to send the goods back to InTraGer International Trading Germany GmbH & Co.KG, Lange Strasse 38, 38448 Wolfsburg, Germany immediately and in any case within 14 days from the day on which you inform us of the cancellation of this contract to hand over. The deadline is met if you send the goods before the 14 day period has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to you to an extent that is not necessary to check the nature, properties and functionality of the goods. The right of cancellation does not exist for the following contracts:
· Contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer.
· Contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.
· Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.
· Contracts for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery.
· Contracts for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
· Contracts for the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
Comprehensive return policy
We have very high quality standards and always want to satisfy our customers. For this reason we grant you an unrestricted right of return or exchange for our wines and sparkling wines. However, this unrestricted right of return does not apply to bottles that have already been opened. For the coordination of the right to return the bottles that you do not like, we ask you to contact us at the email address firstname.lastname@example.org. However, we cannot reimburse you for shipping costs within the framework of this unrestricted right of return. This unrestricted right of return only applies in Germany. However, we would like to point out that further legal rights (e.g. right of withdrawal, warranty for defects) may exist and remain unaffected by this regulation.
§8 delivery conditions
1. The delivery is made from the warehouse to the delivery address provided by the customer. We dispatch the goods within 4 working days after receipt of payment.
2. If the customer chooses prepayment, the goods, if available, will be reserved for the customer for a maximum of 14 days upon receipt of the order, but will only be dispatched to the InTraGer account after receipt of the money. The customer is therefore asked to take this into account when ordering and to provide the agreed advance payment in good time. If the amount of money is credited to InTraGer’s account after more than five days, the delivery times specified at the time of the order no longer apply. Rather, the one that is shown at the time of the receipt of money at InTraGer in the InTraGer online shop for the products takes the place of the originally specified delivery time.
3. For delivery on account or payment by direct debit, we will dispatch the goods within 4 working days after delivery of the order confirmation.4. If delays in delivery are due to reasons for which InTraGer is not responsible (force majeure, fault of third parties, etc.), the period will be extended accordingly. The customer will be informed immediately. If the causes of the delay last longer than four weeks after the order confirmation has been sent, each party is entitled to withdraw from the offer.5. The delivery takes place against a flat rate for packaging and shipping costs (§ 3 paragraph 2), the exact amount of which is marked separately for each delivery.
§9 transport damage
1. If products and goods are delivered with obvious transport damage, the customer is asked to complain to the shipping service provider and to contact InTraGer: [email address: email@example.com]. The customer helps in enforcing InTraGer’s claims against carriers and transport companies. Failure to complain or contact InTraGer has no consequences for the customer and his rights, in particular warranty rights.
2. If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to examine and give notice of defects shall apply to him as per Section 377 of the German Commercial Code.
§10 warranty claims, deadlines
1. The customer’s warranty claims against InTraGer are based on the statutory provisions within the statutory periods, unless the following provisions result in deviations. The legal warranty period is currently two years.
2. Damages caused by improper or non-contractual measures taken by the customer do not constitute a claim against InTraGer.
3. As far as used goods are the subject of the purchase contract and the customer is not a consumer, the warranty is excluded. If the customer is a consumer, the warranty period for the purchase of used items is one year. The shortening of the warranty period to one year does not apply if the obligation to pay compensation is based on bodily injury or damage to health due to a defect for which the seller is responsible or on deliberate behavior or gross negligence on the part of the seller or his vicarious agents. Notwithstanding this, the seller is liable according to the Product Liability Act.
4. If the customer is an entrepreneur and the ordered service is carried out for his business, his claims for defects in unused items expire one year after receipt of the goods.
§11 repair costs, cost proposals
If goods are sent to InTraGer for repair or to an authorized contract workshop and the defects, damage or other changes or deterioration of the goods are not material defects that trigger statutory warranty claims or warranty claims against the manufacturer, the necessary fees for quotations are incurred To reimburse the customer for repairs and similar costs to InTraGer.
1. InTraGer is fully liable for any legal reason:
· in the event of willful or grossly negligent breaches of contract and malice,
· in the event of culpable damage to life, health or body,
· as part of a quality and / or durability guarantee, provided that we have given one with respect to the delivered goods,
· as far as the scope of the product liability law is opened.
2. The liability of InTraGer is limited to typical, foreseeable damage only in the event of negligent breach of essential contractual obligations (cardinal obligations). Significant contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and the customer can regularly rely on compliance. Otherwise liability is excluded.
3. Since data can be lost during warranty work, you should therefore take care of an external, regular data backup. We assume that you have made a data backup, otherwise please inform us. Liability for data loss is limited to the cost of restoring the data if a backup copy is available, unless the data loss was caused by InTraGer intentionally or through gross negligence. Otherwise liability is excluded with the exception of cases of intent or gross negligence.
4. The above regulations (§ 12 points 1. – 3.) reflect the full scope of liability of IntraGer, its legal representatives and their vicarious agents.
1. The customer is not entitled to offset his own claims against payment claims by InTraGer, unless the customer’s claims are undisputed or legally binding.
2. The customer is not entitled to counter payment claims from InTraGer, rights of retention – also from complaints – unless they result from the same contractual relationship.
§14 data protection
Data processing is carried out in accordance with the applicable Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
1. When initiating, concluding, processing and reversing a purchase contract, we collect, save and process data in accordance with the statutory provisions.
2. When you visit our website, the IP address currently used by your PC, the date and time, the browser type and the operating system of your PC as well as the pages you are viewing are logged. However, we are not able to draw any conclusions about personal data, nor are we intending to.
3. The personal data that you give us e.g. B. when ordering or by email (e.g. your name and contact details) will only be processed for correspondence with you and only for the purpose for which you have provided us with the data.
4. We only pass on your data to the shipping company commissioned with the delivery, insofar as this is necessary for the delivery of the goods. In order to process payments, we pass on your payment details to the bank responsible for the payment. We assure that we will not otherwise pass on your personal data to third parties, unless we are legally obliged to do so or you have given your express prior consent. Insofar as we use third-party services for the implementation and processing of processing processes, the provisions of the Federal Data Protection Act are observed.
5. Personal data that have been communicated to us via our website will only be stored until the purpose for which they were entrusted to us is fulfilled. Insofar as commercial and tax law retention periods must be observed, the duration of the storage of certain data can be up to 10 years.
6. If you no longer consent to the storage of your personal data or if it has become incorrect, we will arrange for your data to be deleted, corrected or blocked in accordance with the relevant instructions. Upon request, you will receive information free of charge about all personal data that we have stored about you. If you have any questions about the collection, processing or use of your personal data, for information, correction, blocking or deletion of data, please contact: [InTraGer GmbH & Co. KG, Lange Straße 38, email: firstname.lastname@example.org, Phone: +49 5363/9979052, Fax: +49 5363/9979416]
7. Insofar as we refer to or link to the websites of third parties from our website, we cannot assume any liability or liability for the correctness or completeness of the content and the data security of these websites. Since we have no influence on third-party compliance with data protection regulations, you should check the data protection declarations offered in each case separately.
§15. Alternative dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged to participate in a dispute settlement procedure before a consumer arbitration board and are generally not prepared to do so.
§ 16 jurisdiction and governing law
1. If the customer is a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes between the customer and InTraGer resulting directly or indirectly from the contractual relationship is the seat of InTraGer or, at our option, the seat of the customer. The above jurisdictional agreement also applies to customers based abroad.
2. The law of the Federal Republic of Germany applies to the conclusion and processing of all contracts. The validity of the UN sales law is excluded. This choice of law only applies to a consumer insofar as it does not restrict any mandatory statutory provisions of the state in which he is domiciled or habitually resident.
§ 17 change of the terms and conditions
We are entitled to unilaterally change these terms and conditions – insofar as they are introduced into the contractual relationship with the customer – insofar as this is necessary to eliminate subsequent equivalence disorders or to adapt to changed legal or technical framework conditions. We will inform the customer of an adjustment by notifying the content of the changed regulations. The change becomes part of the contract if the customer does not object to us in writing or text form within six weeks of receiving the notification of the inclusion in the contractual relationship.
§18 severability clause
Should individual provisions of the contract, including these provisions, be or become ineffective in whole or in part, or should the contract have an unforeseen gap, the effectiveness of the remaining provisions or parts of such provisions remains unaffected. The respective statutory regulations take the place of the ineffective or missing provisions.