Terms and Conditions

General Terms and Conditions of imageLAND Deus GmbH

 

§ 1 Scope, definitions

(1) These terms and conditions as amended upon placing the order exclusively apply to the business relations between us, imageLAND Deus GmbH (hereinafter referred to as “imageLAND”) and our customer (hereinafter referred to as “Customer”). Customer’s conflicting terms and conditions shall not be accepted unless the applicability thereof is expressly approved by us in writing.

(2) Customer is regarded as user if the purpose of the deliveries and services ordered cannot  be assigned mainly to its commercial or self-employed professional activities. An entrepreneur is a natural or legal person or joint partnership with legal capacity acting in execution of a commercial or self-employed professional activity upon conclusion of the contract.

 

§ 2 Conclusion of contract

Customer can choose products from our portfolio and put them in a so-called cart by clicking the “Add to cart” button”. By clicking the “Buy now” button Customer makes a binding offer to buy the goods put in the cart. Prior to sending an order Customer may see and change the respective data. Such offer can only be made and sent if Customer accepts these terms by clicking the “Accept GTC” button thereby incorporating them into the offer. A contract is concluded only if imageLAND issues a declaration of acceptance by sending a separate e-mail (confirmation of order).

 

§ 3 Reservation of title

(1) The goods shall remain the property of imageLAND until paid in full.

(2) The following shall apply to contracts concluded between imageLAND and entrepreneurs acting as buyers:

Goods delivered (reserved goods) shall remain our property until all claims including balance claims arising from outstanding accounts we are / will be entitled to assert against Customer are satisfied. If Customer acts in breach of contract – by defaulting payment, in particular – we shall be entitled to cancel the contract after granting a reasonable extension of time for performance. Transport costs incurred in connection with taking back goods shall be borne by Customer. Taking back reserved goods constitutes a cancellation of the contract. Pledging reserved goods also constitutes a  cancellation of the contract. Utilization proceeds shall be counted towards the amounts owed by Customer after deducting a reasonable amount for utilization costs. Customer may use reserved goods and resell them in the ordinary course of business as long as Customer is not in default of payment. However, Customer shall not pledge or assign reserved goods by way of security. Customer’s claims for payment of reserved goods asserted against its customers or third parties for other legal grounds (claims based on tort and claims to insurance benefits, in particular) with such claims also including balance claims arising from outstanding accounts shall be assigned to us in full as a security. We accept such assignment.

 

§ 4 Prices and shipping costs

(1) All prices quoted on the imageLAND website are plus the respective statutory value-added tax. In the commercial customer shop prices plus value-added tax are shown.

(2) Shipping costs are shown in the order form and shall be borne by Customer if Customer being a user does not object thereto.

(3) In case of an objection Customer shall bear the direct costs of returning the goods.

 

§ 5 Material defect warranty

imageLAND shall be liable for material defects as provided for by law (Section 434, et. seq., German Civil Code, in particular). In case of entrepreneurs the warranty period for goods supplied by imageLAND shall be 12 months.

 

§ 6 Liability

(1) Customer’s claims for damages shall be excluded except for Customer’s claims for damages arising from an injury to life, physical injury or a damage to health or a breach of essential contractual obligations (cardinal obligations) and liability for any other damage attributable to a willful or grossly negligent violation of duties on the part of imageLAND, its statutory representatives or vicarious agents. Essential contractual obligations are those obligations the fulfillment of which is absolutely necessary to achieve the contractual purpose.

(2) In case of a violation of essential contractual obligations imageLAND shall only be liable for the foreseeable damage typical of the contract caused by simple negligence unless this means claims asserted by Customer for an injury to life, physical injury or a damage to health.

(3) The limitations referred to in par. 1 and par. 2 shall also apply to the provider’s statutory representatives and vicarious agents if claims are asserted directly against them.

(4) The limitations of liability resulting from par. 1 and par. 2 shall not apply, if imageLAND has fraudulently concealed a defect or assumed a guarantee for the quality of an item. This also applies if imageLAND and Customer entered into an agreement on the quality of an item. The provisions of the Product Liability Act shall remain unaffected.

 

§ 7 Cancellation policy

(1) Upon conclusion of a distance selling deal users have a right of cancellation hereinafter explained by imageLAND using a statutory model. Exceptions to the right of cancellation are detailed in par.(2). Par. (3) includes a model cancellation form.

Cancellation policy

Right of cancellation

You have the right to cancel the contract within a period of 14 days without giving any reasons.

The period of cancellation (14 days) starts from the date on which you or a third party designated by you that is not a carrier took possession of the goods.

In order to exercise your right of cancellation you will have to inform us,

imageLAND Deus GmbH, Konrad-Zuse-Str. 22, 52477 Alsdorf, phone: +49 (0)2404-59988-0, fax: +49 (0)2404 – 59988-77, e-mail: info@imageland.de

about your decision to cancel the contract by making a clear statement (letter sent by post, fax or e-mail). You may use the model cancellation form attached hereto which, however, is not mandatory.

The time limit is deemed to have been met, if the notice of exercising the right of cancellation is sent prior to the expiration of the cancellation period.

 

Consequences of cancellation

If you cancel the contract, we are required to repay all amounts we received from you including delivery costs (other than additional costs resulting from a mode of delivery that is different from standard delivery) without delay and within fourteen days from the date on which we received your notice of cancellation of this contract at the latest. In case of such repayment we employ the payment method you employed in the initial transaction unless otherwise expressly agreed with you; such repayment does not involve any charges.

We may refuse repayment until we get the goods back or until you produce evidence that you returned the goods whichever is earlier.

You shall return or hand the goods over to us without delay and in any event within fourteen days from the date on which you informed us about your cancellation of the contract at the latest. The time limit is deemed to have been met if you send the goods prior to the expiration of the time limit (fourteen days).

You shall bear the direct costs incurred in connection with the return of the goods.

You will have to pay for a possible loss in value only if such loss is attributable to an improper use of the goods requiring a check of the quality, properties and functioning thereof.

(2) The right of cancellation cannot be exercised in case of contracts for the delivery of  prefabricated goods or goods the production of which requires an individual selection or decision by Customer or that are produced to meet Customer’s specific needs.

(3) Information by imageLAND about model cancellation form as provided for by law:

Model cancellation form

(If you want to cancel the contract, please fill in and return this form.)

- To:  imageLAND Deus GmbH, Konrad-Zuse-Str. 22, 52477 Alsdorf, phone: +49 (0)2404-59988-0, fax: +49 (0)2404 – 59988-77, e-mail: info@imageland.de

- I / We (*) hereby give notice that the contract for the sale of the following goods (*) / the provision of the following service (*) is cancelled:

- Date of order (*) / order received on (*)

- Customer’s name

- Customer’s address

- Customer’s signature (hardcopy only)

- Date

(*) delete as applicable

 

§ 8 Final provision

(1) Contracts concluded between imageLAND and Customer shall be governed by the laws of the Federal Republic of Germany. The UN-Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The statutory provisions on restrictions concerning the  choice of law and the applicability of the statutory provisions of the state in which Customer has its usual residence shall remain unaffected.

(2) If Customer is a merchant, a legal entity under public law or a  special funder under public law, venue for all disputes arising from contractual relations between Customer and imageLAND shall be the registered office of imageLAND.

Last update: Jul 7, 2020 at 6:03 PM
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