General terms and conditions with customer information

Stand: 7. November 2023

1 Scope of the GTC

1. The business relationship between IPS GmbH Am Tiggemann 14 59505 Bad Sassendorf Germany (hereinafter referred to as “Seller”) and the purchaser of the Seller’s products and services (hereinafter referred to as “Products” or “Goods”), hereinafter referred to as “Customer”, shall be governed exclusively by the following General Terms and Conditions (hereinafter referred to as “GTC”).
2. Deviating terms and conditions of the Customer shall not be recognized, even if the Seller provides its service without objection, unless the Seller expressly agrees to the validity of the deviating terms and conditions of the Customer.
3. All references to persons apply equally to both genders. For reasons of better readability, the simultaneous use of male and female language forms has been omitted.
4. “Consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
5. “Entrepreneur” within the meaning of the GTC is a natural or legal person or a partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2. General information on offers and orders

1. The presentation of the products in the store, on websites and in digital printed brochures or catalogs or comparable product presentations of the seller does not constitute a legally binding offer, but an invitation to place an order and thus the customer’s offer.
2. Customers are responsible for ensuring that the information they provide is accurate and that any changes are communicated to the seller if they are necessary for the seller to fulfill the contract. In particular, customers must ensure that the e-mail and delivery addresses provided are correct and that any obstacles to receipt for which customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the e-mail software used).
3. Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information shall be marked as such by the seller in a manner that is appropriately recognizable for the customer (e.g. by visual highlighting and/or asterisk). Until the order is sent, customers can change and view the product selection and their entries at any time and go back in the order process or cancel the order process altogether. For this purpose, customers can use the usual functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the order process.

3. Ordering process and conclusion of contract

1. The customer can select products from the range offered by the seller to the customer and collect them in a so-called shopping cart. In the selection within the shopping cart, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
2. By clicking on the button that concludes the order process, the customer submits a binding offer to the seller to purchase the products in the shopping cart.
3. The seller can accept the customer’s offer within the acceptance period. The acceptance period is five days. The acceptance period begins with the completion of the order process by the customer (in the store or, if used and named, on the platform used or by means of other communication channels) and ends at the end of its last day. The seller may accept the customer’s offer by explicitly accepting the contract, including by e-mail. Acceptance may also be effected by the dispatch of the goods and their receipt by the customer within the acceptance period, as well as by a request for payment sent by the seller to the customer and, at the latest, by the completion of the payment transaction. In the event of several acceptance processes, the earliest time of acceptance shall be decisive. If the seller does not accept the customer’s offer within the acceptance period, no contract is concluded and the customer is no longer bound by his offer.
4. A contract between the customer and the seller can also be concluded by e-mail. The customer can send a binding offer to the seller by e-mail or, if the seller sends a binding offer, accept it by e-mail.

4. Contract text and contract language

1. The seller saves the text of the contract and makes it available to the customer in text form (e.g. by email or printed with the delivery of the order). The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser or the save function for websites in the last step of the order.
2. The seller may provide the contract documents to customers who are entrepreneurs both in text form and in another way (e.g. by referring to an online source).
3. If customers have created a customer account, they can view the orders placed in their account area. The full text of the contract is not accessible in the account area.
4. The contract languages are German and English, contracts can be concluded in these languages.

5. Information on prices and shipping costs

1. Unless otherwise stated, all prices are quoted net, plus the applicable statutory value added tax (VAT)
2. In the case of delivery to countries outside the European Union (EU) or the European Economic Area (EEA), additional taxes (e.g. import duties) or costs (e.g. bank charges) may be incurred. These expenses are not paid by the seller, but must be settled by the customer with the relevant tax or customs authorities. The seller recommends that the customer obtain information about possible further costs from the competent authorities and on the basis of the respective national regulations applicable to the customer.

6. Payment methods and terms of payment

1. Unless otherwise agreed, payments shall be made without deductions, discounts or other rebates.
2. When using financial institutions and other payment service providers, the terms and conditions and data protection notices of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notices as well as information during the payment process. This is particularly because the provision of payment methods or the payment process may also depend on the agreements between the customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
3. The customer shall ensure that he fulfills the requirements incumbent upon him that are necessary for successful payment using the selected payment method. These include, in particular, sufficient funds in bank and other payment accounts, registration, legitimization and authorization with payment services and confirmation of transactions.
4. If a payment is not executed or reversed due to insufficient funds in the customer’s account, incorrect bank details or an unjustified objection by the customer, the customer shall bear the resulting fees, provided that he is responsible for the failed or reversed transaction and, in the case of a SEPA transfer, was informed of the transfer in good time (so-called “pre-notification”).
5. Prepayment – If payment in advance by bank transfer has been agreed, the payment amount is due upon conclusion of the contract, unless expressly agreed otherwise. The seller shall inform the customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment has not been received by the seller within 10 calendar days of the order confirmation being sent, despite the due date, even after a further request, the seller shall withdraw from the contract with the result that the order shall lapse and the seller shall have no obligation to deliver. The order is then completed without further consequences for the customer and the seller.

7. Reservation of title

If the seller makes advance payment, the delivered products remain the property of the seller until full payment has been made.

8. Delivery, availability of goods

1. The ordered goods will be delivered to the specified delivery address unless otherwise agreed.
2. If a payment service provider is used with whom a delivery address is stored and the customer’s use of the means of payment informs the seller of this delivery address as being decisive for the ordered delivery, the goods will be delivered to the different delivery address.
3. Should the delivery of the goods fail through the fault of the customer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.
4. If the ordered goods are not available because the seller is not supplied with this product by his supplier through no fault of his own, in particular with regard to securing the supply and reasonable efforts on his part, the seller may withdraw from the contract. In this case, the seller shall inform the customer immediately and, if necessary, suggest the delivery of comparable goods. If no comparable goods are available or the customer does not wish to be supplied with comparable goods, the seller shall immediately reimburse the customer for any consideration already provided.

9 Warranty and liability

1. Subject to the following provisions, the warranty (liability for defects) shall be governed by statutory provisions.
2. The Seller shall not be liable for the Customer’s Internet connection, the software and hardware used by the Customer or any disruptions to the establishment or performance of the contract between the Customer and the Seller caused by them.
3. The Seller shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies (cardinal obligations) or in the case of agreed guarantee promises. In this case, however, the seller shall only be liable for foreseeable, contract-typical and expectable damage. The seller shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. Otherwise, claims for damages by the customer are excluded. The above liability provisions shall also apply to claims for damages by the customer under the seller’s statutory warranty.
4. The limitations of the warranty and liability obligations as well as the shortening of the relevant deadlines do not apply to claims for damages and reimbursement of expenses by the customer, goods that have been used for a building in accordance with their normal use and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital products.

10. Dispute resolution and consumer dispute resolution

1. The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to resolve their disputes.
2. We are not willing or obliged to participate in dispute resolution proceedings before a consumer dispute resolution body.