General Terms and Conditions with Customer Information

INKIESS Bargeldlogistik GmbH Buckower Damm 30 12349 Berlin E-Mail: info@inkiess.berlin

1. Scope and General Provisions

1.1. The following General Terms and Conditions in their version valid at the time of the order apply exclusively to the business relationship between INKIESS Bargeldlogistik GmbH (represented by the Managing Director Ute Tuscher, Buckower Damm 30, 12349 Berlin; hereinafter "Seller") and the Customer.
1.2. These General Terms and Conditions apply exclusively to entrepreneurs, freelancers, self-employed persons, legal entities under public law, or special funds under public law within the meaning of § 310 Paragraph 1 of the German Civil Code (BGB) (hereinafter "Customer"). A sale to consumers (B2C) is expressly excluded. By placing an order, the Customer confirms that they are concluding the contract in the exercise of their commercial or independent professional activity.
1.3. Deviating, conflicting, or supplementary conditions of the Customer are not recognized unless the Seller expressly agrees to their validity in writing.

2. Offers and Service Descriptions

2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order (invitatio ad offerendum). Service descriptions in catalogs and on the Seller's websites do not have the character of a representation or guarantee.
2.2 All offers are valid "while supplies last," unless otherwise noted for the products. In all other respects, errors and technical changes are reserved.

3. Order Process and Conclusion of Contract

3.1. The Customer can select products from the Seller's assortment without obligation and collect them in a so-called shopping cart via the button. Within the shopping cart, the product selection can be modified, e.g., deleted. Subsequently, the Customer can proceed to the conclusion of the ordering process within the shopping cart via the button.
3.2. Before submitting the order, the Customer can change and view the data at any time, as well as use the browser's "back" function to return to the shopping cart or cancel the order process entirely. Necessary details are marked with an asterisk (*). Via the button, the Customer submits a binding offer to purchase the goods located in the shopping cart.
3.3. The Seller will then send the Customer an automatic acknowledgment of receipt by e-mail, in which the Customer's order is listed again (order confirmation). The automatic acknowledgment of receipt merely documents that the Customer's order has been received by the Seller and does not constitute acceptance of the application.
3.4. The purchase contract is concluded in accordance with the following provisions:
- Regular ordering process: The contract is concluded when the Seller ships or hands over the ordered product to the Customer within 7 days, or confirms the shipment within this period through an express order confirmation or by sending the invoice. Acceptance can also occur via a payment request and at the latest upon the conclusion of the payment process.
- Ordering process with advance invoice: If the Seller offers an advance invoice, the contract is already concluded with the provision of the bank details and the payment request. If the payment is not received by the Seller within 10 calendar days after the order confirmation was sent, despite being due and despite a renewed request, the Seller withdraws from the contract with the consequence that the order becomes invalid. Article reservation occurs for a maximum of these 10 calendar days.

4. Prices, Shipping Costs, and Delivery Terms

4.1. All prices stated on the Seller's website are net prices plus the respective applicable statutory value-added tax.
4.2. In addition to the stated prices, the Seller charges shipping costs and, if applicable, small quantity surcharges for delivery. The exact rates, exemption limits, zones, and conditions for domestic and international shipping are clearly communicated to the buyer on a separate information page at https://inkiess.com/shipping-delivery/ as well as during the ordering process.
4.3. A flat-rate disposal fee is levied for electronic devices and replacement lamps, provided this is stipulated under the respectively valid provisions of the Electrical and Electronic Equipment Act (ElektroG) and is designated on the information page mentioned in section 4.2 or directly on the product.

5. Delivery, Goods Availability, and Transfer of Risk

5.1. Insofar as advance payment is agreed upon, delivery occurs after receipt of the invoice amount.
5.2. Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the Seller may withdraw from the contract. Any payments made will be refunded to the Customer immediately.
5.3. If the ordered product is not available because the Seller is not supplied with this product by their supplier without their own fault, the Seller may withdraw from the contract. In this case, the Seller will inform the Customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the Customer does not wish for the delivery of a comparable product, the Seller will immediately reimburse the Customer for any consideration already provided.
5.4. The risk of accidental loss and accidental deterioration of the goods passes to the buyer as soon as the Seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment (sale by delivery to a place other than the place of performance according to § 447 BGB). The stated delivery dates and deadlines are not fixed dates, subject to alternative written promises and agreements.
5.5. Delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Seller are not the responsibility of the Seller, even in the case of bindingly agreed deadlines and dates. In this case, the Seller is entitled to postpone the delivery or performance for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline also applies in cases of unforeseeable events that affect the operations of a sub-supplier and for which neither they nor the Seller are responsible. During the duration of this hindrance, the Customer is also released from their contractual obligations, in particular regarding payment. If the delay is unreasonable for the Customer, they may withdraw from the contract in writing after setting a reasonable deadline.

6. Payment Terms

6.1. The Customer can choose from the available payment methods during and before the conclusion of the ordering process. Customers are informed about the available payment methods on a separate information page.
6.2. If payment by invoice is agreed upon, the payment must be made within 14 days after receipt of the goods and the invoice without deduction. For all other payment methods, payment must be made in advance.
6.3. If third-party providers are commissioned with payment processing, e.g., PayPal, their General Terms and Conditions apply.
6.4. If the due date of the payment is determined by the calendar, the Customer is already in default by missing the deadline. In this case, the Customer must pay the statutory default interest for remuneration claims (currently 9 percentage points above the base interest rate). The Customer's obligation to pay default interest does not preclude the assertion of further default damages by the Seller.
6.5. The Customer only has a right of set-off if their counterclaims have been legally established, are undisputed, or have been recognized by the Seller. The Customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.

7. Retention of Title

7.1 The Seller retains ownership of the delivered goods until full fulfillment of all claims arising from the current business relationship with the Customer.
7.2 The Customer is entitled to sell these goods in the ordinary course of business, as long as they meet their obligations from the business relationship in a timely manner. However, they may neither pledge the reserved goods nor transfer them by way of security. They are obliged to secure the rights of the Seller in the event of credited resale of the reserved goods.
7.3 In the event of breach of contract by the Customer, in particular in the event of default in payment of secured claims, the Seller is entitled to withdraw from the contract and to take back the reserved goods. In order to assert the retention of title, the Customer must, upon request, provide information regarding the whereabouts of the delivered goods and grant access to their business records kept for this purpose.
7.4 All claims and rights arising from the sale of goods to which the Seller has property rights are hereby assigned by the Customer to the Seller as security. The Seller hereby accepts the assignment. This also applies to any processing or alteration of the reserved goods. If the reserved goods are processed or inseparably mixed with other items not belonging to the Seller, the Seller acquires co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed or mixed items at the time of processing or mixing. If the goods are combined with other movable items to form a single item, and if the other item is to be regarded as the main item, the Customer shall proportionally transfer co-ownership to the Seller. The Customer shall safeguard the sole property or co-property on behalf of the Seller.
7.5 The Customer must immediately inform the Seller of any compulsory execution measures by third parties against the reserved goods, the assigned claims, or other securities, handing over the documents necessary for an intervention.
7.6 The Seller will release the securities to which they are entitled at the Customer's request at their discretion, insofar as the realizable value of the goods delivered under retention of title exceeds the claims to be secured by more than 20 percent.

8. Warranty for Material Defects and Duty of Inspection

8.1. The Seller guarantees that the object of purchase is free of defects in material and workmanship in accordance with the state of the art.
8.2. The Seller is not responsible for material defects that arise from unsuitable or improper use, faulty assembly or commissioning by the Customer or third parties, standard wear and tear (e.g., illuminants), or faulty or negligent handling. The same applies to defects that only insignificantly reduce the value or suitability of the goods.
8.3 Warranty claims of the Customer due to material defects become statute-barred in one year from the handover / delivery of the object of purchase to the Customer. Exempted from this are defect claims based on a guarantee assumed by the Seller, in the case of fraudulently concealed defects, claims for damages due to injury to life, limb, or health, and / or claims for damages due to damage caused by the Seller through gross negligence or intent. In this respect, the statutory limitation periods apply.
8.4 The delivered goods must be examined carefully immediately after delivery to the Customer or to the third party designated by them. The goods are deemed to be approved by the Customer if a notice of defect is not made immediately (in the case of obvious defects within 3 working days after receipt of the goods, in the case of hidden defects immediately after discovery of the defect) in writing or text form (§ 377 HGB). Otherwise, the assertion of warranty claims is excluded. Upon request of the Seller, the rejected delivery item must be returned to them carriage paid. In the event of a justified notice of defect, the Seller reimburses the necessary and proven expenses in accordance with § 439 Paragraph 2 BGB.
8.5 In the event of defects in the delivered goods, the Seller is obliged to repair or replace the goods at their discretion, which is to be made within a reasonable period of time. In the event that these measures fail, the Customer can, at their discretion, demand a price reduction or withdraw from the contract. If the Customer chooses to withdraw, they are not entitled to any additional claims for damages due to the defect. If the Customer chooses compensation for damages, the goods remain with the Customer if this is reasonable for them. The claim for damages is limited to the difference between the purchase price and the value of the defective item. In any case, the Seller only compensates for typically occurring and foreseeable damages. The Customer does not have a right of withdrawal in the event of an only minor breach of contract.
8.6 Within the framework of supplementary performance, the Seller is not obliged to reimburse the Customer for the required expenses incurred for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item (§ 439 Paragraph 3 BGB does not apply). Statutory rights of recourse of the Customer against the Seller under §§ 445a, 478 BGB remain unaffected, unless the Customer is granted equivalent compensation in individual cases for the exclusion of recourse.

9. Liability

9.1. For the Seller's liability for damages, the following liability exclusions and limitations apply without prejudice to the other statutory requirements for claims.
9.2. The Seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the Seller is liable for the slightly negligent breach of essential duties, the breach of which endangers the achievement of the purpose of the contract, or for the breach of duties, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the Customer regularly relies (cardinal duties). In this case, however, the Seller is only liable for the foreseeable, contract-typical damage. Liability for the slightly negligent breach of duties other than those mentioned above is excluded.
9.4. The above limitations of liability do not apply in the event of injury to life, body, and health, for a defect following the assumption of a guarantee for the quality of the product, and in the case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the liability of the Seller is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

10. Storage of the Contract Text

10.1. The Customer can print out the contract text before submitting the order to the Seller by using the print function of their browser in the last step of the order.
10.2. The Seller additionally sends the Customer an order confirmation with all order details to the e-mail address provided by them. Along with the order confirmation, but at the latest upon delivery of the goods, the Customer also receives a copy of the GTC as well as information on shipping costs and delivery and payment terms. Furthermore, the Seller stores the contract text, but does not make it accessible on the Internet.
10.3 The provision of the contract documents to the Customer takes place by e-mail, in writing, or via a reference to an online source.

11. Applicable Law, Jurisdiction, and Final Provisions

11.1. The law of the Federal Republic of Germany exclusively applies to these terms and conditions and the entire legal relationship between the contracting parties. The application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG - "UN Sales Law") is excluded.
11.2 The exclusive place of jurisdiction for all legal disputes arising from or in connection with this contract is the registered office of the Seller, provided the Customer is a merchant, a legal entity under public law, or a special fund under public law. The Seller is also entitled to sue at the Customer's registered office.
11.3 Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, the validity of the contract as a whole shall remain unaffected. In this case, the contracting parties are obliged to replace the invalid provision with a ruling that comes as close as possible to its economic success.
11.4 The mutual contractual rights may only be transferred with mutual consent.
11.5 The contract language is German.