General terms and conditions
PICOOC Shop - Terms and Conditions
Last change: 07.03.2018
1.1 These are the General Terms and Conditions (hereinafter also referred to as "Terms and Conditions") of intellidi GmbH (hereinafter also referred to as "Seller" or "Operator"). They apply to all business transactions concluded between the user (hereinafter also referred to as the "customer") of the intellidi shop (hereinafter also referred to as the "online shop" or "shop") and the seller, through the purchase of goods and / or services (hereinafter referred to as "Goods") in the present online shop, automatically.
1.2 If customers have their own conditions, which contradict these terms and conditions, then they are obliged to agree to these terms before accepting these terms and conditions with the operator by mutual agreement.
1.3 Users within the meaning of these Terms and Conditions may be consumers or entrepreneurs.
1.3.1 Consumers are natural persons who enter into a legal transaction for purposes which can not be attributed to their independent or commercial activity.
1.3.2 Entrepreneurs are natural or legal persons who act in the course of a legal transaction in the exercise of a commercial activity.
1.4 The product descriptions provided in the online shop of the operator do not constitute binding offers on the part of the operator. They rather serve for the submission of a binding offer by the customer.
1.5 The online shop provides its users with an exclusively electronic order process for the goods offered there. By selecting and adding these goods to the virtual shopping cart and then going through the electronic ordering process, the user submits a legally binding offer by clicking on the last confirmation button on the goods in the shopping cart.
1.6 The operator may accept the offer of the user within a period of five days by means of alternatives described under 1.6.1-1.6.3. The contract between operator and user comes about as soon as one of these described alternatives occurs. If none of these alternatives occur, then this is considered a rejection of the offer, and thus the user is no longer bound by his declaration of intent.
1.6.1 The operator sends the user a written order confirmation in PDF format, by e-mail or in text form as letter or fax. Here, the input is decisive for the user.
1.6.2 The operator delivers the ordered goods or the user uses ordered services. Decisive here is the receipt of goods and / or the beginning of the use of services.
1.6.3 The operator asks the user for the payment of the order amount after placing the order.
1.8 When submitting an offer of the user, the contract text is stored by the seller and sent to the user after sending his order in addition to the present terms and conditions in writing (eg e-mail, fax or letter). Documents for the contract are stored by the seller for 24 months after the conclusion of the contract. Should the customer lose his order documents, the customer can contact the seller by e-mail / fax / telephone. The seller will send the customer a copy of the order data.
1.9 Prior to the binding submission of the order via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his inputs in the context of the electronic ordering process via the usual keyboard and mouse functions or, when using a device with touch function (such as tablet or smartphone) by the respective gestures with the touch and / or gesture control , In addition, all entries are displayed before the binding submission of the order again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions (or gestures or touch functions) until he clicks on the order process final and confirming button.
1.10 The basis for an invoice is the information provided by the user in the context of the order. After submission of the offer by the user, any changes must be requested in writing by the user to the operator. Such changes may be subject to a charge and may be charged up to Û 15.00 per change at the expense of the user.
1.11 Only the German language is available for the conclusion of the contract.
1.12 In the case of a contract, the contract between the user and the operator is concluded with: intellidi GmbH, based in Germany, Siemensstrasse 16/1, 88048 Friedrichshafen, VAT ID: DE309511213, registered at the District Court Ulm B under HRB734540.
1.13 The processing of the order as well as the establishment of contact generally takes place by e-mail (also electronically automated). It is the duty of the user to ensure that the e-mail address provided by him for processing the order is correct and valid, and that he can also receive e-mails sent by the operator. In particular, when using SPAM filters (also indirectly through a third party such as e-mail operator / e-mail service), the user must ensure that all e-mails sent by the operator can be delivered. The operator sends e-mails directly or through authorized third parties exclusively through the domain: "intellidi.com" or "intellidi.de".
2. Conclusion of contract, prices and terms of payment
2.1 The prices are binding upon submission of the offer for the user. Unless otherwise stated in the product description of the operator, these are prices, which already include statutory sales tax. There may also be additional shipping costs, shipping costs, transaction costs, etc., which are clearly stated and obvious to the user.
2.2 Shipping costs may depend on the size, weight and number of packages shipped.
2.3 For deliveries to countries outside the European Union, additional costs may be incurred by the user. These include currency conversion, additional bank charges, customs duties, etc. It is the user's duty to check whether the ordered goods comply with the laws of the destination country. The operator only provides information about the goods themselves. Should problems arise during the import or export of the goods, or should the goods be returned or even destroyed during and through customs, the user bears the costs. In the latter case, the operator is not obliged to refund the costs of the goods to the user.
2.4 The operator provides the user with the following options for payment:
2.4.1 Payment with PayPal. The payment with PayPal has already been dealt with in the previous articles.
2.4.2 Payment by bank transfer. This payment is due upon conclusion of the contract, unless a later date has been agreed.
2.5 The operator reserves the right to expressly authorize a third party to request payment or collection from the user if the user fails to meet his payment obligations. In such a case, a payment made to the third party is at the same time debt-discharging vis-a-vis the operator.
2.6 Under certain conditions, the operator may offer the user a purchase on account. In this case it is up to intellidi GmbH to conduct a credit check of the user and to use the result as a basis for making decisions about this type of payment method. However, it is entirely up to the operator to decide how to make such a decision. The operator can also reject this payment method without a "visible reason".
2.7 A payment is not considered completed until the operator (or a third party authorized by the operator) has the full amount. In case of default, the operator (or authorized third party company) may charge default interest of up to 6% per annum above the applicable base rate of the ECB (in accordance with the Discount Transition Act).
2.8 Refunds of the purchase price will be made (if possible) the same way the user has chosen to make the payment.
3. Terms of delivery, shipping conditions and transfer of risk
3.1 Unless otherwise agreed with the operator, the user has no influence on the type of delivery and the logistics company used.
3.2 The goods can be sent directly from the operator as well as from authorized logistics companies.
3.3 The delivery of the goods takes place, if possible on the way of dispatch to the delivery address specified by the user, unless otherwise agreed. The delivery address that the user specified in the shop of the operator during the online ordering process is decisive here. Deviating decisive herefrom is the choice of payment PayPal: Here, the user at the time of payment deposited with PayPal delivery address.
3.4 If the commissioned logistics company sends the goods back to the operator because delivery was not possible, then the user bears the costs for this unsuccessful delivery. If delivery has been unsuccessful due to an error on the part of the logistics company or the operator, or the user has effectively exercised his right of withdrawal, or if he has demonstrably been prevented from accepting it, then the user is exempt.
3.5 The delivery data in the online shop are standard values for Germany. If for any reason the user receives the goods later than indicated there, the operator shall be exempted from any claims for damages by the user. In addition, deliveries to countries outside the European Union may be subject to greater variations in delivery times.
3.6 If the user is a consumer within the meaning of these terms and conditions, the risk of accidental loss and / or accidental deterioration of the purchased goods passes to the user or a person entitled to receive the goods when the goods are handed over.
3.6.1 Exception to 3.6. is international shipping, if point 2.3. enters into force. Then, a transfer of the goods to the customs already applies as transfer to the user.
3.7 If the user is an entrepreneur within the meaning of these terms and conditions, the risk of accidental loss and / or accidental deterioration of the purchased goods is transferred to the user as soon as the operator (or a third party contracted company) hands over the goods to the selected logistics company to carry out the shipment.
3.8 Partial deliveries by the operator or an authorized third party company are permitted within the scope of applicable laws.
4. Right of withdrawal
4.1 The user is basically entitled to a right of withdrawal.
4.2 Further information on the right of revocation results from the cancellation policy of the operator.
5. Retention of title
If the operator gives advance payment to the user, he reserves the right of ownership of the delivered goods until full payment of the purchase price due.
6. Right of withdrawal in case of deterioration in assets
The operator can withdraw from the contract if he becomes aware of a worsening of the financial circumstances of the user, which could influence the proper payment of the sold goods. This can e.g. be: opening of insolvency or judicial settlement proceedings, rejection of insolvency for lack of mass, bills or check protests or other clues.
7. Liability for defects (warranty)
7.1 The right to warranty is governed by the applicable statutory provisions in Germany (company headquarters), unless extended provisions between the parties have been agreed in writing and legally valid.
7.2 The operator assumes no guarantee for the condition of the goods (§443 BGB).
7.3 The operator assumes no guarantee for advertising statements and their applicability of the manufacturer of the products, and cannot be held responsible for them.
7.4 The user or a third party entitled to receive a third party is requested to immediately complain to the deliverer of delivered goods with obvious transport damage and to notify the operator thereof in a timely manner. If the user does not comply with this, this has no effect on his statutory or contractual claims for defects.
7.5 In the case of a forwarding of the goods to the manufacturer, the user agrees that his personal data (especially contact and address data) can be passed on to the manufacturer for a smooth handling of claims.
7.6 The user may at any time revoke such consent in writing to the operator.
The operator is liable to the user for all contractual, contractual and legal, as well as tort claims for compensation and reimbursement of expenses as described below:
8.1 The operator is liable for any legal reason without limitation intent and gross negligence, unless otherwise stated below.
8.2 The operator is liable for damages resulting from injury to life, limb or health caused by negligent or intentional acts on his part.
8.3 In addition, the operator is liable according to the statutory provisions for other damages, if these are based on a negligent or intentional violation of the contractual obligation. This is the case if the breach of duty refers to a duty whose fulfilment makes the proper execution of the contract possible in the first place and on whose observance the customer has trusted and was allowed to trust.
8.4 The above liability provisions are limited to foreseeable, typically occurring damage, insofar as they cannot be made liable without limitation under Section 8.1. These include, in particular, the violation of principal and ancillary service obligations in the period prior to delivery of the goods.
8.5 The operator is fully liable on the basis of its own guarantee promise, unless otherwise stipulated in this regard and due to legally regulated liability (in this case the head office of the operator), such as the product liability law.
8.6 The operator is not liable for the restoration of data unless it has caused a loss intentionally and / or grossly negligent and the user has ensured that a data backup has taken place, so that the data can be restored at a reasonable cost.
8.7 Incidentally, the liability of the operator is excluded.
8.8 The above liability regulations also apply with regard to the liability of the operator for any vicarious agents and / or legal representatives.
9. Promotional vouchers and their redemption
9.1 Within the framework of advertising measures, the operator may issue temporary action vouchers (in paper form or as electronic codes) free of charge.
9.2 Action material track in paper form contain information about their validity period and can only be used once. Upon redemption of such a promotional voucher, this voucher must still be valid on the delivery of the legally binding offer of the user to be accepted.
9.3 Action Vouchers may not be copied, sold or purchased. The operator reserves the right to refuse purchased or counterfeit vouchers.
9.4 Promotional vouchers in the form of electronic codes are also limited in time, but the validity period is not visible to the user. It is the sole responsibility of the operator to decide when which code offered in this way will lose its validity. The operator does not have to announce a change of validity directly to the user.
9.5 Only one action voucher per order can be redeemed.
9.6 The value of the goods must be at least equal to the value of the promotional voucher. Here only the value of goods counts, and not logistics services of third parties. If the value of the action voucher is insufficient to pay for the goods, an offered payment option must be accepted for the remaining amount in order to make an offer.
9.7 The user has no right to disbursement or refund of funds from promotional vouchers and there is no claim to interest.
9.8 The user waives any compensation to the operator in connection with action vouchers.
9.9 Promotional vouchers refer exclusively and once to the purchase of goods. If a user makes use of his right of withdrawal and rescinds the purchase, the user loses all entitlement to the action voucher and its value, and will only be reimbursed for the amount actually paid (excluding the discount).
10.Privacy, use of customer data
For the export ordered goods and possibly necessary approvals of the Federal Office for economics and export control (BAFA) are to be obtained in time by the user in own name and at own expense. The refusal of such an export license does not entitle the user to withdraw from the contract. Damage caused by non-compliance and / or omission by the user shall be borne by the user. Likewise the damage caused thereby to the operator or third companies.
12. Arbitration, Alternative Dispute Resolution
12.1 The EU Commission provides the platform ODR for online dispute resolution on the Internet https://webgate.ec.europa.eu/odr.
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
12.2 The operator is not obliged to participate in a dispute settlement procedure before a consumer arbitration board.
13. Place of Jurisdiction, Applicable Law, Partial Invalidity
13.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
13.2 If the customer acts as a merchant or a legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the place of jurisdiction for all legal disputes arising from the contract, including bill of exchange and check claims, shall be Friedrichshafen. however, the operator is also entitled to sue at the customer's location.
13.3 In the case of ineffectiveness of individual provisions of the delivery contract or these General Terms and Conditions, or parts thereof, the remaining provisions shall remain valid.