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Conditions of Use Conditions of Use

Deliveries : To Europe except for Germany

Iwonatec BV – Netherlands – is responsible for the delivery to Europe except for Germany. The invoice does not contain any media charges, but includes 19% VAT. The customer himself is responsible for the declaration of media charges.  

Companies have the possibility to buy exempted from sales tax after the notification of their sales tax identification number.  

eMail-advertisement
The customer accepts the registration of his email address in our newsletter system by the registration of the email address in our shop system.
Iwonatec GmbH is allowed – until revoked – to send the customer emails with new offers and news concerning new products in irregular intervals. The cancelation of the newsletter system can be made at any time by using a link in the newsletter itself or in the online shop under “your account”.

Country specific charges
We point out particularly that our prices do not contain any country specific charges like copyright declarations, specific customs duties et cetera. The conditions for a possible payment of these charges as well as the amount of them are differently in each country. If such charges have to be paid in a country, the customer himself is explicitly responsible for the payment as importer.

In general
The following General Terms and Conditions of Business are valid for all sales and delivery transactions of the company
Iwonatec GmbH – Germany. These conditions are regarded as accepted with the taking over of the goods or services at the latest. We  accept orders explicitly according to our sales conditions. General Terms and Conditions of Business of the buyer or regulations of the buyer which differ from our sales conditions are only in that case binding as we explicitly accept them in writing. In the case that some regulations of these general terms and conditions are or become ineffective, the remaining contract and the other regulations will not be affected thereof.

Offers, collateral agreements
Our offers are conditional and non-binding offers at any time.  To the offer attached drawings, pictures, declarations of weight and measurements et cetera are only valid in so far as nothing else has been agreed upon explicitly. We reserve the right of property and copyright of the offer with all documents belonging to it. Transmission, publishing, duplication or realization by a third party are not allowed. We reserve us the right, under keeping the essential features of the described or shown article in question, to make changes at any time and without further notice. We reserve the right of correction in the case of calculation or printing errors in our offer. Collateral agreements to our offers and our order confirmations as well as agreements with our representatives need our written confirmation for their validity.


Conclusion of a contract
The contract is concluded with our confirmation of the receipt of the order or the effected delivery. In the case of a cancelation of the order through the buyer, we charge cancelation fees in the amount of 5 per cent of the order value,  however 10.00 EUR at minimum. In the case of a unjustified refuse of our delivered goods, we charge the resulting costs additionally. The customer has the right to deliver proof if there has been no damage at all or much lower as the fixed rate set by us. Our right of fullfilment of the contract remains unaffected thereof.

Prices, delivery, devolution of risk

As not agreed upon differently, our offers are binding for three weeks with the given prices. Decisive are the given prices in the order confirmation. The delivery – including possible returns – is effected – if postage free delivery is not agreed upon in writing – at the costs of the buyer.

The buyer asks Iwonatec GmbH to deliver the ordered goods according to a chosen mode of delivery and the quantity by a suitable, in the mode of delivery named forwarding agent to the given delivery address with the conclusion of the online order at the costs of the buyer.

The risk of the accidential loss goes to the buyer with the handling over of the goods to the forwarding agent. Insurances against damages of any kind are only concluded on the explicit desire of the buyer and at his own costs.


Delivery
Declarations of delivery times or fabrication schedules are only in that way binding if they have been confirmed by us in writing. The declared delivery times are given conscientiously according to the condition of the given situation and are kept if possible. The delivery time is regarded as kept if the buyer is informed about the possible taking over or delivery of the goods until the end of the delivery time. We are allowed to effect partial delivery and to charge each of them. Official regulations or acts, force majeure, strike, lockout, traffic hold-up and interruptions of operation or lack of raw material and every other hindrance of the delivery excuse us from the duty of services for its duration. If the hindrance will not be solved in the foreseeable future we are allowed  to restrict or stop the delivery or to cancel the contract completely or partially, without the buyer having the right of additional delivery or compensation. We will inform the buyer immediately of the restriction of the delivery or the partical cancelation. He has the right to refuse the fullfilment of the remaining liabilities if the partial delivery is worthless for him. If we exceed the agreed delivery time the buyer has the right to set an additional delivery time of three weeks by written notice and to cancel the contract after the expiration of this additional delivery time. In  the case that we caused the delay grossly negligent or intentionally, the buyer can claim for compensation of the missing fullfilment after the expiration of time.

Orders from countries abroad
The customer has the possibility regarding orders from countries abroad to take over the goods or to send a courier to take over the goods. If we do not get any other instruction from the customer, we will arrange the dispatch with a forwarding agent in his name. The arising costs for this delivery are stated in our invoice and are paid directly by us to the forwarding agent.

The delivery within the European Union is effected within some days after the confirmation of the order. The keeping of this delay depends on local and temporary influences, a guaranty can therefore not be taken over.

The delivery is effected to the domicile of the buyer or another delivery address where the buyer can take over the goods. The successful delivery is confirmed by signature.

Guarantee
The guarantee regulations of two years for new products apply for goods sold by our company. This is founded in paragraphs 475 section II in relation with 437 BGB (German civil code). We refuse any liability for damages that occur through the use of our sold goods. We do not grant in any case liability for the fact that the orderer goods do not suit to the foreseen purpose of the buyer and that they cannot be used or treated through the buyer or his customer. The buyer himself is responsible to test the goods before using or treating them.


Complaint
Any complaints against our goods can be made during the warranty period of the concerned item in so far as the defect has to be obvious. Returns to our company have to be effected charge-free and insured. In order to proof evidence for warranty claims, the buyer is obligated to present the guarantee contract as well as the invoices. The transmission of warranties to a third party needs our written confirmation. In the case of justified claims, we reserve the right for repair, crediting or replacement. The buyer can demand for reduction or cancelation of the contract only if the second delivery also failed. If damages are based on careless handling or storage, every warranty claim expires. Every warranty is limited explicitly to the replacement of the damages goods. Other assumptions of costs and claims for compensation (i.g. breakdown of a pc) are explicitly refused herewith. Claims for compensation – in particular also for consequential harm caused by a defect – can only be made if the possible damage is caused by an intentional and grossly negligent breach of contract on our part. We do not take over any liability for wrong product descriptions, wrong technical datas and incorrect operating instructions of the manufacturer.

Payment, delay
In so far as the offer does not contain any different terms of payment, all amounts of the invoices are payable immediately without any deduction. In the case of a delay of payment, interests for default arise in the amount of 4 per cent over the current bank rate of the German Federal Bank. Resellers are charged in the same amount with interests beginning from the receipt of the goods or at a fixed due date, provided that a bilateral commercial transaction exists. We reserve the right to stop further deliveries to the customer in default, also in the case if corresponding delivery contracts have been concluded. Our claims – also in the case of deferment of payment - become due at that same time as the customer is in delay with the fullfilment of one or more liabilities, promissory notes or cheques are going to protest, the customer stops the payment, is overindebted, insolvency or bankruptcy proceedings are commenced or rather refused for lack of assets. We are allowed to demand back conditional goods in the above-mentioned cases and to cancel the contract. In the case that after the conclusion of the contract, founded doubts with respect to the credit liability of the customer or his commercial situation arise, we reserve the right to demand payment in advance or bail according to our decision. We also have the right wether to interrupt the fullfilment of the contract and to demand the settlement of the invoice immediately; In the case of any refuse, we are allowed to cancel the contract. The customer has no right of compensation in this situation. A payment by cheque or bank transfer is regarded as effected only when the claimed amount is credited on our bank account. We reserve us the unlimited right of transferring our claims to a third party.

Refusal of acceptance, re-transfers for direct debiting
We charge the arosen costs,  however 7.50 EUR at the minimum, for the unjustified refusal of acceptance of our delivered goods. The same applies for re-transfers in the case of the participation in direct debiting. The customer has the right to proof evidence if a damage has never occured or much lower than our fixed rate. Our right for the fullfilment of the contract remains unaffected thereof.

Reservation of title
We reserve the right of ownership on the delivered goods until the payment of all claims resulting from the commercial transaction between the parties, also in so far as it concerns claims from earlier deliveries. The customer is only allowed to claim for goods under reservation of title in so far as they may be treated, installed or sold in accordance with the business.  The treatment of goods under reservation of title takes place for us without any binding nature for us. The customer already now transfers his claims to us in  the case of a resale of the goods. We are allowed and the customer is according to our demand obligated to give his client written notice of the signing over. The customer, if necessary also in relation with the extended reservation of proprietary rights, has to reserve our rights of ownership against his clients. If the under reservation of proprietary rights declared goods are seized, the customer is obligated to inform us immediately and in all details and to point out our rights to the third party, as well as to provide us with the necessary documents for our intervention. The customer has to pay the costs arising from our intervention.

Revocation clause
The customer is allowed to revoke the online order (by telephone or via internet) within a period of two weeks beginning from the receipt of the delivered goods. The right of revocation does not apply for the following products: software where the seals are taken off (BGB/ German civil code, paragraph 312 d, section 4), printed cd or dvd blanks (paragraph 357, section 3). The revocation has not to contain any reason and should be effected by letter or fascimile or the return of the goods. In the case of a revocation in writing, the early enough dispatch of the revocation notice / return of the goods to our address applies for the observance of the deadline. The customer is obligated to return the goods. In the case of a revocation by returning of the goods, the observance of the deadline is regarded through the handing over to the post office or another forwarding agent. Returns have to be effected “postage free” in any cases – non-free returns can unfortunately not be accepted by us because of the high charges.


Place of performance, place of jurisdiction
Place of performance and place of jurisdiction are for both contractual parties Heinsberg Northrhine Westfalia/Germany. That applies also for all obligations resulting from promissory notes and cheques.

Data protection
We are allowed to handle the data of the customer resulting from the business condition or in relation to this, no matter if they are provided by the customer himself or a third person, in respect with the Federal Data Protection Act. This notice replaces the information according to the Federal Data Protection Act, that particulars of the customer are saved and treated by EDP.  

 

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