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General Terms and Conditions with Customer Information
§1 Area of Applicability
(1) The following General Terms and Conditions ("GTC") of the IVNITIUM Essential GmbH based in Berlin ("Seller") shall apply to all contracts that a consumer or company ("Customer") concludes with the Seller through the Seller's online shop. The inclusion of the Customer's own general terms and conditions shall hereby be refused, unless agreed to otherwise.
(2) A consumer in the sense of the following regulation shall be every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. An entrepreneur in the sense of the following regulation shall be a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
§2 Contract Conclusion
(1) The product descriptions on the Seller's online shop shall not constitute binding offers by the Seller. They merely serve as an invitation for the submission of a binding offer by the Customer.
(2) The Customer shall submit a binding offer for the selected goods in his shopping cart by clicking on the button that completes the placement of the order.
(3) The Seller may accept the Customer's offer within 5 days by
- sending an order confirmation to the Customer in writing or text form (fax or email), based on the date of receipt of the order confirmation by the Customer, or
- delivering the ordered goods to the Customer, based on the date of receipt of the goods by the Client, or
- requesting payment from the Customer after the submission of the Customer's order. Should several of these alternatives apply, the contract shall be established when one of the stated alternatives is performed first. Should the Seller fail to accept the Customer's offer within the stated period, this shall be regarded as a rejection of the offer which shall release the Customer from his declaration of intent.
(4) The acceptance period for the offer shall commence on the day after the Customer submits the offer and shall end upon after the fifth day following the submission of the offer.
(5) The Customer may correct his entries through his keyboard, mouse and browser's "Back" function at any time prior to submitting a binding offer. All submitted statements will be displayed to the Customer in a confirmation window before submitting a binding offer and may be corrected as described.
(6) The language of contract conclusion shall be German.
(7) Order execution and contact is usually made by email and automated order execution. The Customer must ensure that the email address he provides for order execution is accurate so that this email address can receive emails sent by the Seller. Especially when using SPAM filters, the Customer must ensure that any emails of the Seller or third parties commissioned by the Seller for order execution can be received.
§3 Revocation Rights
Consumers shall be entitled to revocation rights. Further information may be found in the Seller's Revocation Instructions.
The prices stated by the Seller shall be net prices plus VAT. Any additional shipping costs shall be stated separately in the respective product descriptions.
§5 Payment Conditions
(1) The Seller shall offer several payment options which shall be stated on the Seller's online shop.
(2) If payments are made as transfers/advance payments, they shall be due immediately upon contract conclusion.
(3) For payments via PayPal, payments shall be made through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal,
L-2449 Luxembourg. PayPal's User Agreement, which can be found at https://www.paypal.com/ee/webapps/mpp/ua/useragreement-full, or—if the Customer does not have a PayPal account—the terms for payment without a PayPal account, which can be found at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full, shall apply.
§6 Delivery Conditions
(1) Unless agreed to otherwise, goods shall be delivered to the delivery address specified by the Customer.
(2) Should the carrier return the goods because delivery attempts to the Customer were unsuccessful, the Customer shall bear the costs for the unsuccessful shipping. However, this shall not apply if the Customer effectively exercises his revocation rights and is not responsible for the circumstances that prevented the delivery from being made or if he was temporarily unable to accept the offered services, unless the Seller announced the service to the Customer appropriately in advance.
§7 Retention of Title
The Seller shall retain title to all delivered goods until the owed purchase price is paid in full.
Statutory liability for defects shall apply to all goods offered by the Seller.
§9 Applicable Law, Place of Jurisdiction
(1) The law of the Federal Republic of Germany shall apply under exclusion of laws about the international purchase of movable goods. However, this shall only apply to consumers insofar as the protection provided by the legal regulations of the state in which the consumer has his habitual residence are not lost.
(2) The exclusive place of jurisdiction for any disputes that may arise under this contract shall be the respective domicile of the contractual adversary if the Customer acts as a merchant, legal person under public law or special fund under public law within the jurisdiction of the Federal Republic of Germany. If the Customer's domicile is outside of the jurisdiction of the Federal Republic of Germany, Nicosia, Cyprus, shall serve as the sole place of jurisdiction for any disputes that may arise under this contract if the contract or claims under the contract can be attributed to the Customer's business or profession. However, in the above-stated cases, the Seller may, in any case, sue at the Customer's domicile.
§10 Online Dispute Resolution Information
(1) The European Commission provides a platform for out-of-court dispute resolution for online purchase or service contracts to which a consumer is a party. This online dispute resolution platform can be found at: http://ec.europa.eu/consumers/odr
(2) The Seller is neither required nor willing to participate in arbitration proceedings before a consumer arbitration center.