Conditions
GENERAL CONDITIONS OF SALE
online shop Ivality
§ 1 SCOPE
(1) These General Terms and Conditions of Sale (hereinafter: T&Cs) apply to all contracts concluded between us , the
Gerrit and Julian Deters GbR
Grasbrook 15
26655 Westerstede
Represented by:
Gerrit and Julian Deters
DE328589377
E-Mail: info@ivality.de
and you as our customer. The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract arise in particular from these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The version of the General Terms and Conditions valid at the time of conclusion of the contract shall apply.
(4) We do not accept any deviating terms and conditions from the customer. This also applies if we do not expressly object to their inclusion.
§ 2 CONCLUSION OF CONTRACT
(1) The presentation and promotion of articles in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) You can select items from our range and collect them in a so-called shopping cart by clicking on the "Add to cart" button. By submitting an order via the online shop by clicking on the "buy now" button, you are placing a legally binding order to purchase the goods in the shopping cart. Before submitting your order, you have the opportunity to check all of your details and correct or change your order data by clicking on the "Update shopping cart" button. However, your order can only be placed and transmitted if you have accepted these contractual conditions by clicking on the "Accept terms and conditions" button and have thereby included them in your binding offer to conclude a purchase contract with us.
(3) Confirmation of receipt of your order will be sent together with acceptance of the order immediately after submission by automated email. The purchase contract is concluded with this email confirmation.
(4) After you have placed your order, we will save the contract text and send you the order details by email. You can view our terms and conditions at any time.
If you have a customer account, you can view your order data in your account. However, if you are not a registered customer/user, the order data is no longer accessible via the Internet for security reasons.
§ 3 RIGHT OF WITHDRAWAL
cancellation policy
Consumers have a 30-day right of withdrawal.
right of withdrawal
You have the right to withdraw from this contract within thirty days without giving any reason.
The cancellation period will expire after thirty days from the day on which you acquire, or a third party other than the carrier designated by you acquires, physical possession of the last good.
To exercise your right of withdrawal, you must inform us (Gerrit and Julian Deters GbR, Grasbrook 15, 26655 Westerstede, Germany, info@ivality.de, telephone: 01634805326) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. We will bear the cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
- The right of withdrawal does not apply to the following contracts:
- Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery.
§ 4 DELIVERY CONDITIONS
(1) We are entitled to make partial deliveries as long as this is reasonable for you.
(2) The delivery period for shipments within Germany is one (1) to two (2) working days, unless otherwise agreed. It begins upon receipt of payment. We ship our products exclusively with the transport service provider DHL. The delivery period for shipments to EU countries, Switzerland and the United States is four (4) to nine (9) working days, unless otherwise agreed.
§ 5 PRICES AND SHIPPING COSTS
(1) All prices stated in our online shop are gross prices including statutory VAT and are exclusive of any applicable shipping costs.
(2) The shipping costs are stated in our price information in our online shop. The price including sales tax and applicable shipping costs is also displayed in the order form before you submit the order.
(3) If we fulfill your order by partial deliveries in accordance with Section 4 Paragraph 1, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
(4) If you effectively revoke your contractual declaration in accordance with Section 3, you can, under the statutory conditions, demand reimbursement of costs already paid for delivery to you (shipping costs) (see Section 3 Paragraph 3 for other consequences of revocation).
§ 6 PAYMENT CONDITIONS AND SET-OFF AND RIGHT OF RETENTION
(1) The purchase price and shipping costs are due upon complete delivery.
(2) You can pay the purchase price and shipping costs via PAYPal Plus or Klarna, as you choose. At the end of the ordering process, you will be redirected to the respective service provider to complete the payment process there.
(3) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert complaints about defects or counterclaims from the same purchase contract.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 7 RESERVATION OF TITLE
The delivered goods remain our property until the purchase price has been paid in full.
§ 8 WARRANTY
(1) We are liable for material or legal defects in delivered items in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
(2) Any seller guarantees given by us for specific items or manufacturer guarantees granted by the manufacturers of specific items shall apply in addition to the claims for material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees can be found in the guarantee conditions that may accompany the items.
§ 9 LIABILITY
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
(2) In other cases, unless otherwise provided in paragraph 3, we shall only be liable for breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on whose compliance you as a customer may regularly rely (so-called cardinal obligation), and limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provisions in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act remains unaffected by the above limitations and exclusions of liability.
(4) Claims based on data protection law are not covered by the liability provisions in Section 9.
§ 10 COPYRIGHTS
We own the copyright to all images, films and texts published in our online shop. The use of images, films and texts is not permitted without our express consent.
§ 11 CUSTOMER ACCOUNT
(1) In order to open a customer account and access ivality's login-protected services (such as the order status), the customer must register at https://ivality.de . As part of the registration, ivality sends the customer an activation code (link) to the email address provided by the customer. The customer must activate his account within the specified period using the confirmation link, otherwise it will be deleted and the registration must be carried out again.
(2) The customer is responsible for choosing a complex password (no trivial passwords, for example “ASDF 1234”, “lukas 72” etc.) that corresponds to the protection requirements of his customer account.
(3) The customer is obliged to provide complete and truthful information during registration and other usage activities, to keep all information up to date (in particular email addresses) and to correct errors immediately. By registering, the customer confirms that he or she is capable of acting or is acting with the consent of his or her legal representative.
(4) After registration, the customer can log in via the website https://ivality.de. After a successful login, the customer remains logged in until he logs out or is logged out by the system after a long period of inactivity. The online service may ask the customer to re-enter the password when called up or at certain times. The customer is responsible for ensuring that he only uses the login on devices that are used exclusively by him or by persons authorized by him.
(5) After several failed attempts to log in, the user account will be automatically blocked. The customer can request an unlocking via the contact form or reset his password.
(6) Gerrit and Julian Deters GbR is free to refuse registration requests without giving reasons.
§ 12 APPLICABLE LAW AND JURISDICTION
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of ordering, the exclusive place of jurisdiction is the registered office of the seller, 26655 Westerstede. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.
§ 13 Marketing/Advertising
In addition to processing the contract, we use your email address to inform you by email about our own similar goods/services. You can object to the use of your email address at any time without incurring any costs other than the transmission costs according to the basic rates. If you do not wish to receive any further advertising, please let us know by email to the following address: info@ivality.de or click on the "unsubscribe" link at the end of the advertising email. Processing is carried out on the basis of Art. 6 (1) lit. f GDPR.