Terms of service
! SALE ONLY TO ADULTS! Delivery with DHL Age verification 18 years!
Registration according to § 9 VerpackG:Inn and out GmbH & Co.KG as a manufacturer of packaging that is subject to system participation, registration number DE4670314582980. With dual system Zentek KN500009584 within the meaning of § 7 para1 VerpackG licensed to fulfill the obligations in accordance with the law. The sale of our products on this platform takes place in the legal sense as an entrepreneur.
General terms and conditions with customer information
Table of Contents
- conclusion of contract
- right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to specific customer specifications
- Special conditions for assembly/installation services
- Special Conditions for Repair Services
- Applicable Law
- Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter"GTC") of Inn and out GmbH & CoKG (hereinafter"Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter"Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shopThe inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employedEntrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shopAfter placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering processFurthermore, the customer can also submit the offer to the seller by telephone, fax, e-mail, post or using the online contact form.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time when one of the above alternatives occurs firstThe period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offerIf the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the conclusion of the contract and sent to the customer in text form (e.gBe-mail, fax or letter).The seller does not make the contract text accessible beyond thisIf the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screenAn 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 enlargedThe customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually made via email and automated order processingThe customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this addressIn particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned to process the order can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of cancellation can be found in the seller's cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales taxAny additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customerThese include, for example, costs for money transfers by credit institutions (e.gtransfer fees, exchange rate fees) or import duties ortaxes (e.gDuties)Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If the payment method"PayPal Credit"(payment by installments via PayPal) is selected, the seller assigns his payment claim to PayPalBefore accepting the seller's declaration of assignment, PayPal carries out a credit check using the transmitted customer dataThe seller reserves the right to refuse the customer the"PayPal Credit"payment method in the event of a negative test resultIf the"PayPal Credit"payment method is permitted by PayPal, the customer must pay the invoice amount to PayPal under the conditions specified by the seller, which are communicated to him in the seller's online shopIn this case, he can only pay to PayPal with a debt-discharging effectHowever, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.gBto the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credit notes.
4.7 If the"SOFORT"payment method is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter"SOFORT").In order to be able to pay the invoice amount via"SOFORT", the customer must have an activated online banking account for participation in"SOFORT", identify himself accordingly during the payment process and confirm the payment order to"SOFORT".The payment transaction is carried out immediately afterwards by"SOFORT"and the customer's bank account is debitedThe customer can call up more detailed information on the"SOFORT"payment method on the Internet at https://www.klarna.com/sofort/.
4.8 If you select a payment method offered via the"Shopify Payments"payment service, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter"Stripe").The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shopTo process payments, Stripe may use other payment services for whichspecial terms of payment apply, to which the customer mayis pointed out separatelyFurther information on"Shopify Payments"is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
4.9 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoicedIn this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreedThe seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceededIn this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
4.10 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoicedIn this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreedThe seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceededIn this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shopThe seller also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative.
4.11 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoicedIn this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreedThe seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to reject this payment method if the specified order volume is exceededIn this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shopThe seller also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative.
5) Delivery and shipping conditions
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreedWhen processing the transaction, the delivery address specified in the seller's order processing is decisiveDeviating from this, when selecting the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a resultThis does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawalIf the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs.
5.3 In the case of self-collection, the seller first informs the customer by email that the goods he has ordered are ready for collectionAfter receiving this e-mail, the customer can collect the goods at the seller's registered office after consultation with the sellerIn this case, no shipping costs will be charged.
6) Retention of title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
7) Liability for Defects (Warranty)
7.1 If the purchased item is defective, the statutory liability for defects shall apply.
7.2 Notwithstanding this, the following applies to used goods:Claims for defects are excluded if the defect only occurs one year after delivery of the goodsDefects that occur within one year of delivery of the goods can be asserted within the statutory limitation periodHowever, reducing the liability period to one year does not apply
- for items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
- for claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
7.3 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of thisIf the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
8) Special conditions for the processing of goods according to specific customer specifications
8.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to specific customer specifications, the customer must provide the operator with all content required for processing such as texts, images or graphics in the file formats, formatting, image specified by the operator - and file sizes and to grant him the necessary rights of useThe customer is solely responsible for the procurement and acquisition of rights to this contentThe customer declares and assumes responsibility for having the right to use the content provided to the sellerIn particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
8.2 The customer shall indemnify the seller against claims by third parties which the latter may assert against the latter in connection with a violation of their rights through the contractual use of the customer's content by the sellerThe customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amountThis does not apply if the customer is not responsible for the infringementIn the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
8.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decencyThis applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
9) Special conditions for assembly/installation services
If, according to the content of the contract, the seller also owes the assembly orthe installation of the goods at the customer and, if necessary,appropriate preparatory measures (e.gBallowance), the following applies:
9.1 The seller provides his services at his own discretion or through qualified personnel selected by himThe seller can also use the services of third parties (subcontractors) who work on his behalfUnless otherwise stated in the seller's service description, the customer has no right to choose a specific person to carry out the desired service.
9.2 The customer must provide the seller with the complete and truthful information required for the provision of the service owed, insofar as their procurement does not fall within the scope of the seller's responsibilities according to the content of the contract.
9.3 The seller will contact the customer after the conclusion of the contract in order to arrange an appointment for the service owedThe customer shall ensure that the seller orthe staff commissioned by the latter has access to the customer's relevant facilities at the agreed time.
9.4 The risk of accidental loss and accidental deterioration of the goods sold only passes to the customer upon completion of the assembly work and handover to the customer.
10) Special conditions for repair services
If the seller owes the repair of an item of the customer according to the content of the contract, the following applies:
10.1 Repair services are provided at the seller's registered office.
10.2 The seller provides his services at his own discretion or through qualified personnel selected by himThe seller can also use the services of third parties (subcontractors) who work on his behalfUnless otherwise stated in the seller's service description, the customer has no right to choose a specific person to carry out the desired service.
10.3 The customer must provide the seller with all information required for the repair of the item, provided that their procurement does not fall within the scope of the seller's responsibilities according to the content of the contractIn particular, the customer must provide the seller with a comprehensive description of the error and inform him of all circumstances that may be the cause of the error found.
10.4 Unless otherwise agreed, the customer must send the item to be repaired to the seller's registered office at his own expense and riskThe seller recommends that the customer take out transport insurance for this purposeFurthermore, the seller recommends the customer to send the item in a suitable transport packaging in order to reduce the risk of transport damage and to hide the contents of the packagingThe seller will inform the customer immediately about obvious transport damage so that he cancan assert existing rights against the carrier.
10.5 The item will be returned at the customer's expenseThe risk of accidental loss and accidental deterioration of the item is transferred to the customer when the item is handed over to a suitable transport person at the seller's place of businessAt the request of the customer, the seller will take out transport insurance for the item.
10.6 The customer can also bring the item to be repaired to the seller's headquarters and pick it up again if this results from the seller's service description or if the parties have made a corresponding agreement on thisIn this case, the above regulations on bearing the costs and risk of shipping and returning the item apply accordingly.
10.7 The aforementioned regulations do not limit the customer's statutory rights in the event of goods being purchased from the seller.
10.8 The seller is liable for defects in the repair work provided in accordance with the statutory liability for defects.
11) Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goodsFor consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link:https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.