General Terms and Conditions (GTC)

1) Scope of Application

1.1

Our offers are directed exclusively at entrepreneurs.

1.2

These General Terms and Conditions (hereinafter referred to as “GTC”) of Identbase GmbH (hereinafter referred to as “Seller”) apply to all contracts for the supply of goods concluded by an entrepreneur (hereinafter referred to as “Customer”) with the Seller with respect to the goods displayed by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

2) Conclusion of Contract

2.1

The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.

2.2

The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone, e-mail, post or via the online contact form.

2.3

The Seller may 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 e-mail), in which case the receipt of the order confirmation by the Customer is decisive, or
• delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
• requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day following the submission of the offer by the Customer and ends with the expiry of the fifth day following the submission of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by its declaration of intent.

2.4

When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the order has been placed. Beyond this, the Seller does not make the contract text accessible. If the Customer has set up a user account in the Seller’s online shop before sending the order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected user account by providing the corresponding login data.

2.5

Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors may be the browser’s magnification function, with which the display on the screen is enlarged. The Customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button concluding the ordering process.

2.6

Only the German language is available for the conclusion of the contract.

2.7

Order processing and contact usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

4) Prices and Payment Conditions

4.1

Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include statutory value-added tax. Any additional delivery and shipping costs that may be incurred are stated separately in the respective product description.

4.2

For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the money transfer 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 advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5

If payment is made using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to the PayPal Terms of Use, available at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6

If the payment method “purchase on account” is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer the payment method “purchase on account” only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in his payment information in the online shop. The Seller further reserves the right to carry out a credit check when selecting the payment method “purchase on account” and to reject this payment method in the event of a negative credit check.

5) Delivery and Shipping Conditions

5.1

The delivery of goods is made by dispatch to the delivery address provided by the Customer, unless otherwise agreed. In the processing of the transaction, the delivery address stated in the Seller’s order processing is decisive.

5.2

If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs of the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery, or if the Customer was temporarily prevented from accepting the offered service, unless the Seller had given the Customer reasonable prior notice of the service. Furthermore, this does not apply with regard to the costs for the initial shipment if the Customer effectively exercises his right of withdrawal. For the return costs, the provision in the Seller’s instructions on the right of withdrawal applies.

5.3

In the case of self-collection, the Seller will first inform the Customer by e-mail that the goods he has ordered are ready for collection. After receiving this e-mail, the Customer may collect the goods from the Seller’s registered office after consultation with the Seller. In this case, no shipping costs will be charged.

6) Retention of Title

If the Seller makes advance payments, he retains title to 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 provisions of statutory liability for defects shall apply.

7.2

Deviating herefrom, the following applies to used goods: Claims for defects are excluded if the defect occurs after the expiry of one year from delivery of the goods. Defects which occur within one year from delivery of the goods can be asserted within the statutory limitation period. The shortening of the liability period to one year does not apply:

• to items which have been used for a building in accordance with their normal use and have caused its defectiveness,
• to claims for damages and reimbursement of expenses by the Customer, and
• if the Seller has fraudulently concealed the defect.

7.3

The Customer is requested to complain to the deliverer about goods delivered with obvious transport damage and to inform the Seller thereof. If the Customer fails to do so, this has no effect on his statutory or contractual claims for defects.

8) Special Conditions for the Processing of Goods According to the Customer’s Specifications

8.1

If, under the terms of the contract, the Seller is also required to process the goods according to certain specifications of the Customer in addition to delivering the goods, the Customer must provide the Seller with all content required for processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller, and grant the Seller the necessary rights of use. The Customer alone is responsible for procuring and acquiring rights to these contents. The Customer declares and assumes responsibility for having the right to use the content provided to the Seller. In particular, he shall ensure that no rights of third parties are infringed, in particular copyrights, trademark rights and personal rights.

8.2

The Customer shall indemnify the Seller against claims of third parties which such third parties may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer’s content by the Seller. In this context, the Customer shall also assume the reasonable costs of the necessary legal defence, including all court and attorney’s fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. The Customer is obliged to provide the Seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defence in the event of a claim by third parties.

8.3

The Seller reserves the right to refuse processing orders if the contents provided by the Customer for this purpose violate statutory or official prohibitions or offend common decency. This applies in particular in the event of the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors and/or violence-glorifying content.

9) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of goods.

10) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business. If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. However, in the above cases, the Seller shall in any event be entitled to bring an action before the court at the Customer’s place of business.

11) Alternative Dispute Resolution

The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr