Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Right of withdrawal: the period during which the consumer can exercise his right of withdrawal;

Consumer: a natural person who is not acting in the exercise of a profession or business, and who enters into a distance contract with the trader;

Day: calendar day;

Long-term transaction: a distance contract concerning a series of products and/or services, where the delivery and/or purchase commitment extends over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: The consumer's ability to withdraw from the distance contract within the withdrawal period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;

Distance contract: a contract where, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, the contract is concluded exclusively using one or more techniques of distance communication;

Distance communication technology: means that can be used to conclude a contract without the consumer and the entrepreneur having met in the same room at the same time.

General terms and conditions: the contractor's current general terms and conditions.

Article 2 - Identity of the entrepreneur

InnoTech Solutions GmbH is located at Wilhelmstraße 12, 10117 Berlin, Germany. Trade register: HRB 202123.

Article 3 - Scope

These general terms and conditions apply to all offers from the entrepreneur and to all distance contracts and orders concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be stated that the general terms and conditions can be inspected at the entrepreneur's premises, and they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the preceding paragraph and before the distance contract is concluded, be made available to the consumer electronically in a manner that allows it to be easily stored by the consumer on a durable data carrier. If this is not practically possible, information shall be provided before the distance contract is concluded as to where the general terms and conditions can be read electronically, and that they will be sent electronically or otherwise free of charge at the consumer's request.

If specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs shall apply correspondingly, and in the event of conflicting general terms and conditions, the consumer can always rely on the relevant provision that is most advantageous to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or void, the agreement and these terms and conditions shall otherwise remain in effect, and the provision in question shall be replaced without delay by mutual agreement with a provision that comes as close as possible to the purpose of the original.

Situations not regulated in these general terms and conditions shall be assessed "in the spirit" of these general terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be stated explicitly in the offer.

The offer is without obligation. The contractor has the right to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed for the consumer to be able to assess the offer correctly. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot constitute grounds for compensation or cancellation of the contract.

The images accompanying the products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are linked to acceptance of the offer. This applies in particular to:

• the price, excluding customs duties and import VAT. These additional costs are the responsibility and risk of the consumer. The postal and/or courier service will use the special system for postal and courier services in connection with import. This system applies if the goods are imported into the country of destination within the EU, which is the case in this situation. The postal and/or courier service will collect VAT (whether together with the customs duty or not) from the recipient of the goods;

• any shipping costs;

• how the agreement is to be concluded and what measures are required for this purpose;

• whether the right of withdrawal applies or not;

• the method of payment, delivery and performance of the contract;

• the deadline for accepting the offer, or the deadline for the trader's price guarantee;

• the level of the cost of distance communication if the costs of using the technology for distance communication are calculated in a way other than the normal basic price of the means of communication used;

• whether the contract is archived after it is concluded, and if so, how the consumer can consult it;

• how the consumer, before concluding the contract, can check and, if desired, correct the information he or she has provided under the contract;

• any languages ​​other than Dutch in which the agreement can be concluded;

• the ethical guidelines to which the trader is subject, and how the consumer can consult these guidelines electronically, and

• minimum length of the distance contract if it is a long-term transaction.

Optional: available sizes, colors, material types.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the terms and conditions thereof.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may withdraw from the contract.

If the contract is concluded electronically, the trader shall take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure online environment. If the consumer can pay electronically, the trader will observe appropriate security measures.

The trader may - within the framework of the law - inform himself about whether the consumer can fulfill his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance sales contract. If, based on this investigation, the trader has good reasons not to conclude the contract, he has the right to reject an order or application or to attach specific conditions to the implementation, while stating the reasons.

The trader shall include the following information together with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable database:

• The visiting address of the trader's office where the consumer can complain;

• The conditions and manner in which the consumer can exercise his right of withdrawal, or a clear statement that the right of withdrawal is excluded;

• Information about warranties and existing after-sales services;

• The information in Article 4 No. 3 of these terms and conditions, unless the trader has already provided the consumer with this information before the contract is concluded;

• The conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of duration transactions, the provision in the previous paragraph only applies to the first delivery.

Each agreement is concluded subject to sufficient availability of the relevant products.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the right to cancel the contract without giving any reason within 14 days. This withdrawal period begins on the day after the consumer or a representative designated in advance by the consumer and notified to the trader has received the product.

During the withdrawal period, the consumer must handle the product and the packaging with care. He may only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he must return the product to the trader with all supplied accessories and - if reasonably possible - in its original condition and packaging, in accordance with reasonable and clear instructions given by the trader.

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the trader within 14 days of receipt of the product. The consumer should make this known by means of a written notification/email. After the consumer has notified that he wishes to exercise his right of withdrawal, he must return the goods within 14 days. The consumer must prove that the returned goods were sent on time, for example by means of a shipping receipt.

If the customer has not expressed his wish to exercise the right of withdrawal or has not returned the product to the trader after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

Article 7 - Costs of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the right of withdrawal. The prerequisite is that the product has already been received by the trader, or that conclusive evidence of a complete return can be presented.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products described in points 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, in any case well in advance of the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

• which are manufactured by the trader in accordance with the consumer's specifications;

• which is obviously of a personal nature;

• which cannot be returned due to their nature;

• that spoils or ages quickly;

• whose price is subject to fluctuations in the financial market that are beyond the trader's control;

• for individual newspapers and magazines;

• for audio and video recordings and software where the consumer has broken the seal;

• for hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

• about overnight accommodation, transportation, restaurant activities or leisure activities to be carried out on a specific date or during a specific period;

• where delivery has commenced with the consumer's express consent before the end of the cooling-off period;

• about games and lotteries.

Article 9 - The price

During the validity period specified in the offer, the prices of the products and/or services offered may not be increased, with the exception of price changes due to changes in VAT rates.

Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market beyond the trader's control, at variable prices. This connection to fluctuations and the fact that any prices mentioned are target prices, will be mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they are a result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only permitted if the trader has determined this and:

• they are a result of statutory regulations or provisions, or

• The consumer has the right to cancel the contract from the day the price increase comes into effect.

In accordance with Section 5(1) of the Value Added Tax Act 1968, the place of supply is in the country where the transport begins. In this case, the delivery takes place outside the EU. After this, the postal or courier service will collect import VAT or customs duty from the customer. As a result, the trader will not be charged VAT.

All prices are subject to printing errors. We accept no responsibility for the consequences of printing and typesetting errors. In the event of a printing error, the company is not obliged to deliver the product at the incorrect price.

 

Article 10 - Compliance and Warranty (continued)

The trader will ensure that defective or incorrectly supplied products are remedied at no cost to the consumer. This may be done by repairing or replacing the product, whichever is most appropriate. If the product cannot be repaired or replaced, or if this is not practicable, the consumer is entitled to a reasonable price reduction or to terminate the contract.

The consumer has a statutory right to complain about any defects for a period of two years from the date the product was delivered. If a defect is discovered within this time frame, the consumer is entitled to have the product repaired, replaced, or a refund, whichever is most reasonable.

Article 11 - Delivery and implementation

The trader will pay great attention to ensuring that ordered products are delivered as quickly as possible. Unless otherwise agreed, delivery will take place no later than 30 days after the conclusion of the contract. If the product cannot be delivered within the specified time frame, the consumer will be informed of this and given the opportunity to cancel their order free of charge.

If the consumer cancels an order before it has been shipped, the consumer is entitled to a full refund. If the product has already been shipped, the consumer will follow the provisions of Article 6 on the right of withdrawal.

Article 12 - Payment

The consumer must pay the amounts specified in the contract. Payment must be made in the manner specified by the trader, which may include bank transfer, credit card or other payment methods specified in the offer.

If the consumer fails to fulfill his payment obligation, he is obliged to pay the reasonable costs incurred by the trader in collecting the debt, as long as these costs are reasonable and in accordance with legislation.

Article 13 - Disputes

Disputes between the consumer and the trader arising from or related to the contract will be settled by the court in the place where the consumer resides, unless this is contrary to law.

The consumer also has the right to turn to an alternative dispute resolution method, which means that an independent third party will help resolve the dispute without going to court.

Article 14 - Final provisions

These general terms and conditions shall enter into force upon conclusion of the contract and shall remain in effect until replaced by new terms and conditions. If one or more provisions of these terms and conditions prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions. In such cases, the parties will agree on a replacement provision that reflects as closely as possible the intended economic effect of the invalid provision.

Article 15 - Changes to the Terms and Conditions

The trader reserves the right to change these general terms and conditions. Changes will enter into force from the time they are published on the website, or at a later date specified.

The consumer will be informed of such changes by email or by a notice on the website. If the consumer does not accept the new terms, he has the right to terminate the contract free of charge within 14 days of being informed of the changes.

The consumer shall have the opportunity to accept the new terms before the contract continues. If no new terms are accepted, the contract will be terminated in accordance with the previous terms.