GTC

Index

A. General Terms and Conditions

B. Customer information

Terms and Conditions of Delivery and Payment

§ 1 Scope

(1) These General Terms and Conditions (hereinafter «GTC») apply to all orders placed by a consumer over the age of 18 or an entrepreneur (hereinafter both referred to as «customer») in the online shop of the «seller» (see § 2) regarding the goods and/or services offered there. They also apply to all contracts concluded on the basis of an enquiry submitted by a customer via the enquiry form or by email or using other telecommunications technology for precision parts.
(2) A consumer is any buyer who concludes the contract for a purpose which is predominantly neither attributable to his commercial nor his independent professional activity (§ 13 BGB – Civil Code).
(3) An entrepreneur is any buyer who concludes the contract as a natural or legal person or as a partnership with legal capacity, for a purpose that is attributable to the exercise of his commercial or self-employed professional activity (§ 14 BGB).
(4) The inclusion of the customer›s own conditions (in particular, conditions of purchase) is expressly contradicted, unless otherwise agreed upon in writing.
(5) The deliveries and services offered by the seller are provided exclusively on the basis of these GTC. The GTC, therefore, apply to entrepreneurs within the meaning of § 1 para. 1 also for all future business relations, even if they have not been expressly agreed upon again.
(6) The currently valid GTC can be called up and printed out at any time on the website of the seller.

§ 2 Conclusion of the contract

(1) The contract for all goods and/or services advertised in the online shop comes into effect with:

IML Instrumenta Mechanik Labor System GmbH
Parkstraße 33
69168 Wiesloch

Tel.: 06222-67970
Email: info@iml.de
Managing Directors: Erich Hunger, Sebastian Hunger
Register court: District Court Mannheim
Registration number: HRB 701885
Sales tax identification number according to § 27 a Value Added Tax Act: DE 254022201

(2) In the case of a contract for precision parts, which is concluded on the basis of an enquiry by the customer, the seller is:

IML Instrumenta Mechanik Labor Produktion GmbH
Parkstraße 33 
69168 Wiesloch 

Phone: +49 (0)6222-67970,
Email: info@iml.de
Managing Directors: Erich Hunger, Sebastian Hunger
Register court: District court Mannheim 
Registration number: HRB 701829
Value added tax identification number according to § 27 a Value Added Tax Act: DE 253689884

(3) The essential characteristics of the goods or services are those found in the respective product description provided by the seller.
(4) All offers in the online shop of the seller represent only a non-binding invitation to the customer to submit a corresponding purchase offer to the seller and not an offer of the seller within the meaning of § 145 BGB.
(5) Customers can submit the offer by using the online order form, which is in the seller›s online shop. In this case, after entering the personal data and clicking on «Send order» in the final step of the ordering process, the customer places a binding order of the products in his/her shopping cart. The submission of the offer by the customer is only possible after the customer has received the General Terms and Conditions for his information and has included them in his offer by clicking on the «Accept General Terms and Conditions» button.
(6) The seller may accept the customer›s offer within 2 (two) days by:
1. Sending an order confirmation to the customer in writing or in text form (email or fax).
2. Delivering the ordered goods to the customer.
3. Asking the customer to pay after placing the order.
With regard to the seller›s period of acceptance, the receipt of the confirmation, the delivery of the ordered goods or the request for payment by the customer shall be decisive in each case. If several of the above-mentioned alternatives apply, the agreement becomes binding at the time the first alternative occurs. If the seller fails to accept the offer of the customer within the aforementioned period, this will be considered a rejection of the offer which means that the customer is no longer bound by the offer.
(7) Any confirmations of receipt or receipt sent automatically or manually after submission of the offer shall not be considered as acceptance of the offer by the seller, but are for information purposes only. A contract is therefore not concluded through them.
(8) If the last day of the period is a Saturday, a Sunday or a public holiday at the seller›s registered office, then such day shall be replaced by the next working day.
(9) Since most of the correspondence and order processing takes place via email, the customer must ensure that the email address provided by him is correct and emails can be received.
(10) Enquiries about precision parts by the customer do not constitute offers. An offer only enters into force after the seller replies. The customer can accept this offer within a reasonable period of time. § 2 VII shall apply accordingly.

§ 3 Right of revocation

(1) The customer bears the direct costs for the return of the goods(s) according to § 357 VI BGB (right of revocation).
(2) For other instructions on the right of withdrawal, which is part of these GTC, see the website of the seller.

§ 4 Price

(1) The prices quoted by the seller in the online shop are net prices. The sales tax is shown separately as soon as the product is placed in the shopping basket. Delivery and shipping costs are indicated separately in the respective product description and can be added by the customer to the price calculation of the shopping basket with the help of a computer.
(2) For deliveries to countries outside the European Union, additional costs may incur in individual cases, for which the seller is not responsible, and these are to be borne by the customer. This includes, for example, costs for transferring money through credit institutions (e.g. bank charges, exchange fees) or legal import duties or taxes (e.g. customs duties).

§ 5 Payment terms and default

(1) The customer has various payment options at his disposal. These are:
Prepayment – payment by credit card – payment on invoice – PayPal
(2) For orders that are not placed from the territory of the Federal Republic of Germany, there is only the option of prepayment or by credit card.
(3) The seller reserves the right only to accept certain payment methods for individual products. These are derived from the payment methods listed under «Select payment method».
(4) If prepayment has been agreed upon, payment is due immediately after conclusion of the contract. It must be made in full to the seller›s account within 14 (fourteen) days at the latest.
(5) By choosing the payment method delivery against invoice, the purchase price will be due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid either (a) within 8 (eight) days after receipt of the invoice with 2% discount or (b) within 20 (twenty) days after receipt of the invoice without deduction. This will be valid unless otherwise agreed upon. The seller reserves the right of a check of creditworthiness when selecting the payment method delivery on invoice and to refuse this payment method in case of a negative outcome after checking creditworthiness.
(6) If the customer is a consumer and is in default with a payment, he is obliged to pay additional statutory default interest in the amount of 5 percentage points above the base interest rate (§ 288 I BGB).
(7) If the customer is an entrepreneur and is in default with a payment, he is obliged to pay the additional statutory default interest of 9 percentage points above the base interest rate (§ 288 II BGB).

§ 6 Delivery and shipping conditionsgen

(1) The delivery of goods is made to the delivery address provided by the customer. The order will be processed based on the address provided during the checkout process. Alternatively, if customers pay via PayPal, the delivery address set up with PayPal will be used.
(2) If the transport company sends the goods back to the seller because delivery to the customer was not possible, the customer shall bear the cost of the failed delivery. This does not apply:
– If the customer exercises his right of revocation upon delivery,
– if he is not responsible for the fact that delivery was impossible or
– if he was temporarily prevented from accepting the service offered, unless the seller had notified him of the service a reasonable time in advance.
(3) The risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer upon handing over of the goods to the customer or to an authorised recipient.
(4) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration in case of sales shipment passes on to the respective forwarder with handing over the goods at the main office of the seller. Likewise, the risk of accidental loss and accidental deterioration shall pass to the customer acting as entrepreneur if dispatch is delayed at his request. The time of transfer of risk shall then be deemed to be the time from which the seller has reported the readiness for delivery.
(5) The seller reserves the right to withdraw from the contract in the case of incorrect or improper self-supply. This applies only when the seller is not responsible for the failed delivery and has completed a concrete cover transaction with the supplier with due diligence. The seller shall take all reasonable measures to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be notified immediately, and any consideration shall be refunded straight away.
(6) For logistical reasons, deliveries may not be collected by the customer.

§ 7 Reservation of ownership

(1) The seller retains ownership to the delivered item until full payment of all claims arising from the purchase contract.
(2) As long as ownership has not yet passed over, the customer is obliged to treat the object of purchase with care.
(3) If the customer is an entrepreneur within the meaning of § 1 III of these GTC, he is entitled to resell the reserved goods during the normal course of business. The customer assigns the claims against the purchaser from the resale of the reserved goods to the purchaser up to the amount of the purchase price agreed upon with the seller (including value added tax). The customer remains entitled to collect the receivables even after this assignment. The seller will not collect the claim from the resale of the purchased item as long as the customer does not meet his payment obligations and, in particular, as long as no application for the opening of insolvency proceedings has been filed or payments have not been suspended.

§ 8 Defects liability and warranty

(1) The statutory liability for defects (§§ 433 ff. BGB) shall apply in principle.
(2) If the customer acts as an entrepreneur, the statutory provisions shall apply with the following modifications:
– Only the seller›s information and the manufacturer›s descriptions are binding for the desired quality of the goods or service. Public promotions or advertising are expressly excluded.
– The customer is obliged to examine the goods immediately after receipt with the necessary care for possible errors or defects and to notify the seller of obvious defects within 7 (seven) days after receiving the goods. Timely dispatch is sufficient for meeting the deadline. This also applies to subsequently discovered defects hidden after being discovered. The assertion of warranty claims is excluded in the case of infringement of duty to examine and to notify about defects (§ 377 HGB – Commercial Code).
– If the goods are repaired, the seller does not have to bear the increased costs incurred by the goods being taken to a place other than the place of fulfillment, unless the goods are used as intended.
– The warranty period is one year following receipt of the goods. This does not apply in cases of injury to life, body or health, in the event of intentional or grossly negligent breach of duty by the purchaser and in the event of fraudulent concealment of a defect.

§ 9 Liability

(1) The seller is only liable for damages incurred if they are due to a breach of a substantial contractual obligation or to intentional or grossly negligent conduct on the part of the seller, his legal representatives or vicarious agents.
(2) If an essential contractual obligation is slightly negligently violated, the liability of the seller is limited to the foreseeable damage typical for the contract. An essential contractual obligation is performed for commitments whose fulfilment makes the proper execution of the contract possible or on whose observance the customer has relied or was entitled to rely.
(3) Any further liability for damages is excluded. Liability for culpable injury to life, body or health in accordance with the statutory provisions remains unaffected. This also applies to mandatory liability under the Product Liability Act.

§ 10 Final provisions

(1) The law of the Federal Republic of Germany applies to all legal relations between the buyer and the seller excluding all conflict-of-law provisions and international contracts (in particular, CISG). For consumers, this choice of law shall apply only insofar as the protection provided is revoked by mandatory provisions of the law of the state in which the consumer has his habitual residence.
(2) If the customer is a merchant, a legal entity under public law or special public fund, the exclusive jurisdiction for any disputes arising under this contract shall be the registered office of the seller. The same applies to customers who have their registered office outside the territory of the Federal Republic of Germany if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. However, in the above cases, the seller is entitled to bring the matter before the court holding jurisdiction over the customer›s registered office.
(3) The language of the contract is German.
(4) These GTC are also available in German. The English translation is for information purposes only and is not legally binding. In the event of discrepancies between the German and English versions, the German version shall apply.

B. Customer information

§1 Information regarding the identity of the seller

IML Instrumenta Mechanik Labor System GmbH
Parkstraße 33
69168 Wiesloch

Phone: +49 (0)6222-67970
Email: info@iml.de
Managing Directors: Erich Hunger, Sebastian Hunger
Register court: District Court Mannheim
Registration number: HRB 701885
VAT ID number pursuant to § 27 a of the Value Added Tax Act: DE 254022201

and

IML Instrumenta Mechanik Labor Produktion GmbH
Parkstraße 33
69168 Wiesloch

Phone: +49 (0)6222-67970
Email: info@iml.de
Managing Directors: Erich Hunger, Sebastian Hunger
Register court: District Court Mannheim
Registration number: HRB 701829
VAT ID number pursuant to § 27 a of the Value Added Tax Act: DE 253689884

§ 2 Information regarding the conclusion of the contract

The conclusion of the contract is in accordance with § 2, conclusion of the general terms and conditions of the seller (see above).

§ 3 Information regarding payment and delivery

Payment is made in accordance with § 5 Terms of Payment and Default, delivery in accordance with § 6 Delivery and Shipping Conditions of the General Terms and Conditions of the Seller (see above).

§ 4 Information about the technical steps leading to the conclusion of the contract

(1) The customer has to go through the following technical steps for the submission of his offer via the online order form of the seller: 
1. Placing the product in the shopping cart
2. Entering the billing and shipping addresses
3. Selecting the desired shipping method
4. Selecting the desired payment method
5. Summary of the order data
6. Sending the order
(2) Acceptance by the seller shall be in accordance with §§ 2 VI ff. of the General Terms and Conditions of the Seller (see above).
(3) When submitting an enquiry regarding precision parts via the online form or by email or other telecommunication technology, the contract is concluded in accordance with § 2 X of the General Terms and Conditions of the seller (see above).

§ 5 Information regarding the storage of the contract text

The contract text will be saved by the seller and sent to the customer after submitting his order, together with the given General Terms and Conditions and customer information in text form (e.g. as a letter, email). However, the contract text may no longer be accessible to customers on the seller›s website once the order has been shipped.

§ 6 Information about the technical means to identify and correct the input errors

Before a binding order is submitted, customers can correct their entries using the standard keyboard and mouse functions. In addition, all entries will be displayed once again in a «Review order» screen so that the customer may correct them using standard keyboard and mouse functions before submission.

§ 7 Information on the language available for concluding the contract.

Both the English and German languages are available for concluding the contract. Unless otherwise agreed upon, the language of the contract shall be the language in which the customer›s offer is made.