General terms and conditions
General terms and conditions for the Webshop
- The following General Terms and Conditions (hereinafter: “GTC”) shall apply to all contracts of Innomotive Safety Systems GmbH & Co KG, Rudolf-Diesel-Str. 9, 51674 Wiehl-
Bomig (hereinafter referred to as: “Innosafes”), which are concluded with consumers or commercial customers via products of the web store of the website https://www.lkw-bett.de.
- Contractual partners (hereinafter referred to as “Customer”) within the meaning of these GTC are consumers as well as companies or any natural person or legal entity or a partnership with legal capacity that acts in the exercise of its independent, professional or commercial activity when concluding a legal transaction.
- The following GTC exclude any terms and conditions of purchase of the customer.
- Individual agreements with the customer (ancillary agreements, supplements and amendments), if agreed in writing, shall take precedence over these Terms and Conditions.
- The subject of the contract are the goods offered on the web store of the website https://www.lkw–bett.de.
- The presentation of the goods in the web store does not constitute a legally binding offer, but an invitation to order. The customer makes a binding offer to conclude a purchase contract for the respective
a binding offer to conclude a purchase contract for the goods in question. The conclusion of the offer to conclude a purchase contract takes place either in the webshop, after placing the
selected goods in the virtual shopping cart and then clicking the button “buy now”, or by e-mail or by post.
- Upon receipt of a purchase offer, Innosafes shall immediately send an order confirmation regarding the content of the offer, which, however, does not yet constitute acceptance.
- The purchase contract shall only be concluded after receipt of a written order confirmation by Innosafes. The written order confirmation can take place up to 10 days after transmission of the order confirmation.
- If Innosafes has not accepted the Customer’s offer to enter into a purchase agreement in the form of an order confirmation within 10 days, the offer shall be deemed rejected.
- No purchase contract is concluded for products that are not listed in the order confirmation.
- If a consumer orders goods in a quantity exceeding the customary quantity, Innosafes reserves the right not to accept a corresponding contractual offer and to refuse delivery.
- Supplements and ancillary agreements must be in writing to be effective.
- Unless otherwise agreed in writing, the prices shown in the web store include the current statutory VAT and plus the shipping costs shown depending on the shipping option.
- The cost of packing is included in the price.
- In the case of commercial customers, payment of the purchase price must be made to the account specified on the invoice no later than 10 days after receipt of the goods. Decisive for the
date of payment is the date of receipt by Innosafes.
- With respect to commercial customers, Innosafes is entitled to charge interest on arrears from the due date at a rate of 4% above the respective prime rate per annum. The customer is in default of
payment if he does not pay despite reminder or if he does not pay without reminder within 30 days after due date. The assertion of a damage caused by default,
in particular in connection with the assignment of a collection agency, remains reserved.
- If the customer is a consumer and not a commercial customer, the purchase price according to the order confirmation must be paid before delivery.
The delivery of the goods takes place only after receipt of payment on the designated bank account.
- The deduction of a cash discount is only permissible with a special written agreement.
- If, after the conclusion of the purchase contract, it becomes apparent, e.g. by filing for insolvency proceedings, that Innosafes’ claim for payment by the customer is at risk, Innosafes shall be entitled to refuse performance or to withdraw from the contract in accordance with the statutory provisions.
- Innosafes retains title to the delivered goods until full payment of all claims arising from the contract.
- The goods subject to retention of title may not be transferred to third parties before full settlement of the secured claims.
- Pledging, transfer by way of security, processing or transformation is not permitted prior to the transfer of ownership and without the express consent of Innosafes.
- The customer is obligated to treat the goods with care as long as ownership has not yet passed to him.
§5 Rights of retention
The customer shall only be entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
- There are two options for delivery: shipping by Innosafes or free shipping by self-pickup at Innosafes (selection in the online store).
- Unless otherwise agreed, the shipping costs shown in the online store apply.
- Dates for deliveries promised by Innosafes are always approximate, unless a fixed date has been expressly promised or agreed.
- Upon presentation of the order confirmation, the goods can be picked up at Innosafes during the opening hours mentioned below.
Rudolf–Diesel Str. 9
07:00 – 15:00 (Monday – Thursday)
07:00 – 12:00 (Friday)
- Shipping to the delivery address is carried out by a shipping service provider contracted by Innosafes.
- If the delivery address specified in the online form is not continuously manned and capable of accepting goods, Innosafes must be informed by means of the corresponding selection option in the
store, so that a (chargeable) appointment can be made by the delivery service provider.
- The delivery of goods that cannot be shipped by parcel is “free curbside”.
- The customer shall be liable for additional costs incurred due to default in acceptance, in particular due to non-compliance with Clause 4.
- Innosafes shall not be liable for impossibility of delivery or delays in delivery caused by force majeure or other events not foreseeable at the time of conclusion of the contract.
foreseeable at the time of conclusion of the contract, for which Innosafes is not responsible. If such events make delivery considerably more difficult or impossible for Innosafes and the hindrance is not only of a temporary nature, Innosafes shall be entitled to claim damages.
and the hindrance is not only of temporary duration, Innosafes shall be entitled to withdraw from the contract.
If the Customer cannot reasonably be expected to accept delivery as a result of the delay, he may rescind the contract by immediately notifying Innosafes in writing.
withdraw from the contract.
- If Innosafes is in delay with a delivery or if a delivery becomes impossible for whatever reason, Innosafes’ liability shall be limited to damages according to the provisions of
§7 of these GTC.
- Innosafes shall be liable for damages in case of intent and gross negligence.
- Innosafes shall not be liable in the event of simple negligence on the part of its executive bodies, legal representatives, employees or other vicarious agents, unless this involves a breach of material contractual obligations.
- Insofar as Innosafes provides technical information or acts in an advisory capacity and the information or advice is not part of the contractually agreed scope of services owed by Innosafes, it shall do so free of charge.
this is done free of charge and under exclusion of any liability.
- The limitations of this §7 shall not apply to Innosafe’s liability for wilful misconduct, for guaranteed characteristics, for injury to life, limb or health, or under the German Product Liability Act (Produkthaftungsgesetz).
body or health or under the Product Liability Act.
- In the case of commercial customers, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer at the latest when the goods are handed over to the customer (collection by the customer) or, in the case of a mail-order purchase, when the goods are handed over to the transport company.
or, in the case of a sale by delivery to a place other than the place of performance, already upon handover to the transport company.
- If the customer is a consumer, the risk shall pass as soon as the consumer has received the goods.
- There is a statutory right of liability for defects for delivered goods. The warranty is governed by the statutory provisions and the following regulations.
- Warranty rights as well as claims due to defects of the commercial customer presuppose that the latter has duly complied with his inspection and complaint obligations owed according to §377 HGB (German Commercial Code).
- Claims for defects shall become time-barred 12 months after delivery of the goods to the customer or 12 months after collection by the customer.
- If, despite all due care, the delivered goods show a defect which was already present at the time of transfer of risk, Innosafes shall, subject to timely notification of defects, either
Innosafes shall, at its option, either repair the goods or deliver replacement goods in exchange, subject to timely notification of defects. Innosafes shall always be given the opportunity to remedy the defect within a reasonable
within a reasonable period of time. Claims under a right of recourse shall remain unaffected by the above provision without limitation.
- If the subsequent performance fails, the customer may withdraw from the contract or reduce the remuneration.
- Claims for defects shall not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear. Furthermore, there shall be no claims for defects in the event of damage occurring after the transfer of risk as a result of incorrect or negligent handling, excessive stress or due to special external influences. If improper repair work or modifications are carried out by the customer or third parties, there shall also be no claims for defects for these and the resulting consequences.
- The customer’s right of recourse against Innosafes shall exist only to the extent that the customer has not entered into any agreements with its customer exceeding the statutory mandatory claims for defects. Furthermore, Clause 7 shall apply mutatis mutandis to the scope of the Customer’s right of recourse against Innosafes.
If the customer concludes a contract with Innosafes via the web store as a consumer, the customer shall be entitled to a statutory right of withdrawal, about which Innosafes shall provide separate instructions.
§11 Settlement of disputes
Place of performance and exclusive place of jurisdiction for all disputes arising from this contract is Cologne, Germany, unless otherwise stated in the order confirmation.
§12 Data protection
Innosafes shall act in accordance with the statutory provisions in all data processing operations. Personal data provided by the customer are stored electronically at Innosafes.
stored. Innosafes is entitled to pass on the data necessary for the execution of the contract also to third parties engaged for the execution of the contract.
- This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
- If we fulfill the contract in whole or in part after a new sales tax rate has come into effect, and if this results in an increase or decrease in the amount of tax payable by us, we reserve the right to recalculate accordingly,
we reserve the right to recalculate accordingly.
Should individual provisions of the contract, including the General Terms and Conditions, be or become invalid, the validity of the remaining provisions shall remain
provisions shall remain unaffected. The same shall apply in the event that the contract contains an unforeseen loophole. The ineffective or missing provisions shall be replaced by the respective legal
the respective legal regulations.