General Terms and Conditions

1. SCOPE OF APPLICATION

The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2. CONTRACTING PARTIES, CONCLUSION OF CONTRACT, CORRECTION OPTIONS

The sales contract is concluded with Insimbi Outdoor.

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. By clicking on the order button, you submit a binding offer for the products contained in the shopping basket. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.

We will accept your offer within two days by

  • submitting a declaration of acceptance in a separate e-mail or
  • if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The time of execution of the payment transaction depends on the selected payment method (see under ‘Payment’).

The relevant alternative for you depends on which of the events listed occurs first.

3. CONTRACTUAL LANGUAGE, STORAGE OF CONTRACTUAL TEXT

The language(s) available for the conclusion of the contract: German, English.

We save the text of the contract and send you the order data and our General Terms and Conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. DELIVERY CONDITIONS

Shipping costs will be added to the stated product prices. You will find more details about the shipping costs in the offers.

We dispatch the products to the delivery address specified in the order process.

We deliver only in the dispatch way. Unfortunately, it is not possible to collect the goods yourself.

5. PAYMENT

In our shop you can choose between the following payment methods:

Prepayment

If you choose payment in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

PayPal, PayPal Express

In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (‘PayPal’), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the order process.

PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.

Credit card via PayPal

If you have chosen the credit card payment method, you do not have to be registered with PayPal to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after confirmation of the payment instruction and after your legitimation as a legitimate cardholder and your card will be charged. You will receive further instructions during the ordering process.

6. RESERVATION OF OWNERSHIP

The goods remain our property until full payment has been received.

7. TRANSPORT DAMAGES

If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

8. WARRANTY AND GUARANTEES

Unless otherwise expressly agreed below, the statutory liability for defects shall apply.

In the case of used goods, the following applies: if the defect occurs after the expiry of one year from delivery of the goods, the claims for defects are excluded. Defects occurring within one year of delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.

The above restrictions and shortening of the period shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

  • in the event of injury to life, limb or health
  • in case of intentional or grossly negligent breach of duty as well as fraudulent intent
  • in the event of a breach of essential contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
  • within the scope of a guarantee promise, insofar as agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

Information on any additional warranties that may apply and their precise conditions can be found in each case with the product and on special information pages in the online shop.

9. LIABILITY

For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation

  • in case of injury to life, body or health
  • in the event of intentional or grossly negligent breach of duty
  • in the case of warranty promises, insofar as agreed, or
  • insofar as the scope of application of the Product Liability Act is opened.

In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

10. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (OS), which can be found here [https://ec.europa.eu/consumers/odr/]. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

TERMS AND CONDITIONS [HTTPS://SHOP.TRUSTEDSHOPS.COM/DE/RECHTSTEXTE/] CREATED WITH THE TRUSTED SHOPS [HTTPS://SHOP.TRUSTEDSHOPS.COM/DE/] LEGAL TEXTS IN COOPERATION WITH FÖHLISCH RECHTSANWÄLTE [HTTPS://FOEHLISCH.COM].

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