Terms of service

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Conditions
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Place of Jurisdiction
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Inachis Axis UG (haftungsbeschränkt) (hereinafter “Seller”) shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which are predominantly outside his or her trade, business, or profession.

1.3 An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her 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 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. By placing the selected goods in the virtual shopping cart, proceeding through the electronic ordering process, and clicking the button that concludes the ordering process, the Customer submits a legally binding contractual offer in relation to the goods contained in the shopping cart.

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
by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
by requesting payment from the Customer after placement of the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends at the close of the fifth day following the day the offer was sent. If the Seller does not accept the Customer’s offer within this period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment shall be processed via 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/webapps/mpp/ua/useragreement-full or, if the Customer does not have a PayPal account, subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable in the online order process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button concluding the order process.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract shall be 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 submission of the order. 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 prior to submitting the order, the order data shall be archived on the Seller’s website and may be accessed by the Customer free of charge via his password-protected user account by entering the corresponding login data.

2.6 Before binding submission of the order via the Seller’s online order form, the Customer may identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the enlargement function of the browser, which enlarges the display on the screen. 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.

2.7 The contract language available for the conclusion of the contract shall be German.

2.8 Order processing and contact usually take place via 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 engaged by the Seller to process orders can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further details on the right of withdrawal are set out in the Seller’s withdrawal instructions.

4) Prices and Payment Conditions

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 will be separately specified in the respective product description.

4.2 The available payment methods will be communicated to the Customer in the Seller’s online shop.

4.3 If the Customer selects a payment method offered via “PayPal”, payment will be processed via PayPal, which may use the services of third-party payment service providers. If the Seller offers payment methods via PayPal where the Seller provides goods in advance (e.g. purchase on account or installment payment), the Seller assigns his payment claim to PayPal or to a payment service provider designated by PayPal. Before accepting the Seller’s assignment, PayPal or the designated payment service provider shall conduct a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method if the result of the credit check is negative. If the payment method is approved, the Customer must pay the invoice amount within the agreed payment period or intervals directly to PayPal or the designated payment service provider. In this case, payment can only be made with debt-discharging effect to PayPal or the designated provider. The Seller, however, remains responsible for general customer inquiries (e.g. regarding goods, delivery times, shipping, returns, complaints, withdrawal notices or refunds).

4.4 If the Customer selects a payment method offered via “Shopify Payments”, payment will be processed by Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller’s online shop. For the processing of payments, Stripe may use the services of further payment providers, which may be subject to special payment conditions, to which the Customer will be referred separately where applicable. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address stated in the Seller’s order processing shall be decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the costs of the initial shipment if the Customer effectively exercises his right of withdrawal. With regard to return costs, the provision in the Seller’s withdrawal instructions shall apply if the right of withdrawal is exercised.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk shall generally pass only upon delivery of the goods to the Customer or an authorized recipient. By way of derogation, the risk shall already pass to the Customer when the Seller delivers the goods to the carrier if the Customer has commissioned the carrier and the Seller has not previously named that carrier to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall only apply if the Seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due care. 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 any consideration refunded without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If the Seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise provided for below, the provisions of statutory liability for defects shall apply.

7.1 If the Customer acts as an entrepreneur:

the Seller may choose the type of subsequent performance;
for new goods, the limitation period for claims for defects shall be one year from delivery of the goods;
for used goods, the rights for defects are excluded;
the limitation period shall not recommence if a replacement delivery is made under liability for defects.

7.2 The above-mentioned limitations and shortening of deadlines do not apply:

to claims for damages and reimbursement of expenses of the Customer,
in the event that the Seller has fraudulently concealed the defect,
to goods which, in accordance with their usual use, have been used for a building and have caused its defectiveness,
to any obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the Customer acts as a merchant pursuant to § 1 German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations set out therein, the goods shall be deemed approved.

7.5 If the Customer acts as a consumer, he is requested to report goods delivered with obvious transport damage to the carrier and inform the Seller accordingly. If the Customer fails to comply with this, this shall have no effect on his statutory or contractual claims for defects.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 The Seller shall be liable without limitation for any legal reason:

in cases of intent or gross negligence,
in cases of intentional or negligent injury to life, body or health,
on the basis of a guarantee promise, unless otherwise provided,
on the basis of mandatory liability such as under the Product Liability Act.

8.2 If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable, typical damage, unless liability is unlimited pursuant to the above clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the contractual purpose, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the Customer may regularly rely.

8.3 Otherwise, liability of the Seller is excluded.

8.4 The above liability provisions also apply with regard to the Seller’s liability for his vicarious agents and legal representatives.

9) Applicable Law

All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence.

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 seat within 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 place of business 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 professional or commercial activity of the Customer. In the above cases, however, the Seller is in any case entitled to bring an action at the Customer’s place of business.

11) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

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Terms of service

Table of Contents

1) Scope of Application

2) Conclusion of Contract

3) Right of Withdrawal

4) Prices and Payment Conditions

5) Delivery and Shipping Conditions

6) Retention of Title

7) Liability for Defects (Warranty)

8) Liability

9) Applicable Law

10) Place of Jurisdiction

11) Alternative Dispute Resolution

Country/region

Language

Terms of service

Table of Contents

1) Scope of Application

2) Conclusion of Contract

3) Right of Withdrawal

4) Prices and Payment Conditions

5) Delivery and Shipping Conditions

6) Retention of Title

7) Liability for Defects (Warranty)

8) Liability

9) Applicable Law

10) Place of Jurisdiction

11) Alternative Dispute Resolution

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