Terms and Conditions
Table of contents
- Scope
- Conclusion of a contract
- Right of withdrawal
- Prices and payment terms
- Delivery and Shipping Terms
- Retention of title
- Liability for defects (warranty)
- Liability
- Special conditions for repair services
- Redemption of promotional vouchers
- Redemption of gift vouchers
- Applicable law
- Place of jurisdiction
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as „GTC“) of IDE-COMPRESSORS e.K., owner: Stephan Adam (hereinafter referred to as „Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as „Customer“) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.
1.2 These General Terms and Conditions apply accordingly to contracts for the supply of vouchers, unless otherwise stipulated in this regard.
1.3 For the purposes of these Terms and Conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.4 A business entity within the meaning of these General 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 constitute binding offers on the part of the seller, but serve for the submission of a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, via the online contact form, or by post.
2.3 The seller can accept the customer's offer within five days,
- by transmitting a written order confirmation or an order confirmation in text form (fax or e-mail) to the customer, with the receipt of the order confirmation by the customer being decisive in this respect, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive in this respect, or
- by prompting the customer for payment after they have placed their order.
If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer shall begin on the day following the dispatch of the offer by the customer and shall end upon the expiry of the fifth day following the dispatch 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 consequence that the customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com
2.5 When ordering via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g., email, fax, or letter) after the customer has sent their order. The seller does not make the contract text accessible beyond this.
2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means for better recognizing input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.7 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address they provide for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller with order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal 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 indicated are total prices including statutory VAT. Any additional delivery and shipping costs incurred will be specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may apply in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of funds by credit institutions (e.g., wire transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs regarding the transfer of funds may also be incurred 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 method(s) will be communicated to the customer in the seller's online shop.
4.4 When selecting a payment method offered via the payment service „PayPal,“ the payment processing is carried out by PayPal, and PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal in which the seller provides advance performance to the customer (e.g., purchase on account or installment payment), the seller assigns their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Prior to accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data.
4.5 When selecting the payment method "Sofortüberweisung", the payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter referred to as "Klarna"). To be able to pay the invoice amount via "Sofortüberweisung", the customer must have an online banking account activated for participation in "Sofortüberweisung", legitimize themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is carried out immediately afterwards by Klarna and the customer's bank account is debited. Further information on the payment method "Sofortüberweisung" can be found by the customer on the internet at https://www.klarna.com
4.6 When selecting a payment method offered via the payment service "Mollie", the payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: „Mollie“). The individual payment methods offered via Mollie are communicated to the customer in the seller's online shop. To process payments, Mollie may use other payment services for which special payment terms may apply, which the customer will be notified of separately, if applicable. Further information on "Mollie" is available on the Internet at https://www.mollie.com
5) Terms of delivery and shipping
5.1 If the seller offers shipping of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the execution of the transaction, the delivery address specified in the seller's order processing is decisive. Notwithstanding this, if the PayPal payment method is selected, the delivery address stored by the customer with PayPal at the time of payment shall be decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs thereby incurred by the seller. This shall not apply with regard to the costs of outward shipping if the customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provisions set out in the seller's cancellation policy regarding return shipping costs shall apply.
5.3 If the customer acts as a business entity, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding this, even in the case of consumers, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 If the customer acts as a consumer domiciled in Germany or as an entrepreneur, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this only applies in the event that the non-delivery is not the fault of the seller and the seller has concluded a specific hedging transaction with the supplier with the required diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the counter-performance will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
5.6 Vouchers are provided to the customer as follows:
- by email
Retention of title
If the seller performs in advance, they retain ownership of the delivered goods until the purchase price owed is paid in full.
7) Liability for defects (warranty)
Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:
7.1 Is the customer acting as a business entity,
- the seller may choose the method of subsequent performance;
- the limitation period for defect claims for new goods is one year from delivery of the goods;
- For used goods, claims for defects are excluded;
- The statute of limitations does not start anew if a replacement delivery is made under the warranty for defects.
7.2 If the customer is acting as a consumer, the following restriction applies to contracts for the delivery of used goods: The limitation period for claims for defects is one year from delivery of the goods, provided this has been expressly and separately agreed upon contractually between the parties and the customer was specifically informed of the shortening of the limitation period prior to submitting their contractual declaration.
7.3 The limitations on liability and shortened time limits set forth above do not apply
- for claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that, when used in the manner in which they are normally intended, were used in a structure and caused its defectiveness,
- regarding any obligation the seller may have to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
7.5 If the customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB applies. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed to have been accepted.
7.6 If the customer is acting as a consumer, he or she is asked to file a complaint with the delivery service regarding any goods delivered with obvious shipping damage and to notify the seller of this. Failure to do so will have no effect on the customer’s statutory or contractual claims for defects.
8) Liability
The seller is liable to the customer for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
8.1 The seller is liable without limitation under any legal theory
- in cases of willful misconduct or gross negligence,
- in the event of intentional or negligent injury to life, body, or health,
- due to a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability, such as under the Product Liability Act.
8.2 If the customer acts as a consumer based in Germany or as a business enterprise, the following limitations of liability apply:
If the seller negligently breaches a material contractual obligation, the seller’s liability is limited to the foreseeable damages typical for this type of contract, unless the seller is liable without limitation in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract; and on the observance of which the customer may reasonably rely. In all other respects, the seller’s liability is excluded, unless the seller is liable without limitation in accordance with the preceding paragraph.
8.3 The foregoing liability provisions also apply with respect to the Seller’s liability for its agents and legal representatives.
9) Special Terms and Conditions for Repair Services
If, under the terms of the contract, the seller is obligated to repair an item belonging to the customer, the following applies:
9.1 Repair services will be performed at the seller's place of business.
9.2 The seller shall provide their services at their own discretion either personally or through qualified personnel selected by them. In doing so, the seller may also utilize the services of third parties (subcontractors) acting on their behalf. Unless otherwise stated in the seller's service description, the customer has no right to select a specific person to perform the desired service.
9.3 The customer must provide the seller with all information necessary for repairing the item, unless obtaining such information falls within the seller’s scope of obligations under the terms of the contract. In particular, the customer must provide the seller with a comprehensive description of the defect and inform the seller of all circumstances that may have caused the identified defect.
9.4 Unless otherwise agreed, the customer shall send the item to be repaired to the seller's place of business at the customer's own expense and risk. The seller recommends that the customer take out transport insurance for this purpose. Furthermore, the seller recommends that the customer send the item in suitable transport packaging in order to reduce the risk of transport damage and to conceal the contents of the packaging. The seller will inform the customer immediately of any obvious transport damage so that the customer can assert any rights they may have against the carrier.
9.5 The return of the item shall be at the customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the customer upon handover of the item to a suitable transport person at the seller's place of business. At the customer's request, the seller will take out transport insurance for the item.
9.6 The aforementioned regulations do not limit the customer's statutory rights regarding defects in the event of the purchase of goods from the seller.
9.7 The seller shall be liable for defects in the repair service provided in accordance with the statutory warranty provisions.
10) Redeeming Promotional Coupons
10.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
10.2 Promotional coupons can only be redeemed by consumers.
10.3 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction arises from the content of the promotional voucher.
10.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.
10.5 Only one promotional voucher can be redeemed per order.
10.6 Unless the promotional voucher refers to a specific value and not a percentage discount, the value of the goods must at least equal the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
10.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the remaining amount.
10.8 The credit of a promotional voucher is neither paid out in cash nor does it accrue interest.
10.9 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
10.10 The promotional voucher is intended solely for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obligated, to verify the substantive entitlement of the respective voucher holder.
11) Redemption of gift vouchers
11.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.
11.2 Gift cards and remaining balances on gift cards can be redeemed until the end of the third year following the year of purchase. Remaining balances will be credited to the customer until the expiration date.
11.3 Gift vouchers can only be redeemed before completing the order process. Subsequent offsetting is not possible.
11.4 Gift cards can only be used for the purchase of goods and not for the purchase of additional gift cards.
11.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
11.6 The balance of a gift card is neither paid out in cash nor bears interest.
11.7 The gift voucher is intended solely for use by the person named on it. Transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obligated, to verify the substantive entitlement of the respective voucher holder.
12) Applicable law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. In the case of consumers, this choice of law applies only to the extent that protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
13) Place of Jurisdiction
If the customer is 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 is the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business is 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. In the aforementioned cases, however, the seller is always entitled to bring an action before the court at the customer's place of business.
14) Alternative Dispute Resolution
The seller is not obliged, but is willing, to participate in dispute resolution proceedings before a consumer arbitration board.
