General Terms & Conditions

01. Scope of application

These General Terms and Conditions ("GTC") apply to all contracts concluded between you as a customer and us as the operator of the Einstein Innovationen GmbH & Co. KG web shop "inlay-shop.com". As part of the ordering process, you accept the GTC in the version valid at the time of placing the order. The GTC regulate the details of the contractual relationship and also contain important consumer information in the legally relevant version.
 
The operator of the shop and your contractual partner is:
Einstein Innovationen GmbH & Co. KG, Aichacher Str. 8a, 86674 Baar, Germany registered in the commercial register of the Augsburg District Court under 18185, represented by the managing directors: Christine Forster, Thomas Forster, VAT identification no.: DE294484740.
 
Please contact us if you have any questions, requests or complaints: E-mail: support@einstein-info.de
 
Our presentation of goods in the inlay-shop.com is aimed exclusively at enterprisers and consumers.
 
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
An enterpriser is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they shall only become part of the contract if we have expressly agreed to them. 

02. Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with Einstein Innovationen GmbH & Co. KG.
The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalog. You can initially place our products in the shopping cart 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 goods contained in the shopping cart. 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.

03. Prices and additional costs

All prices are quoted in EURO and include VAT. This is generally shown on the invoice.
Exception: Deliveries to Switzerland are generally free of VAT. Traders within the EU who provide a valid VAT identification number will receive the goods at the net price excluding VAT. For customers outside the European Union, the net prices apply. Shipping costs may be incurred in addition to the stated product prices. You can find out more about any shipping costs in the offers. We only deliver by mail order. Unfortunately, it is not possible to collect the goods yourself.

04. Payment

The following payment methods are available in our store:

Prepayment

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

Credit card

You enter your credit card details during the ordering process. Your card will be charged immediately after you place your order.

Invoice

For customers from Germany, we offer payment by invoice. Pay the invoice within 30 days of receiving the goods. If you pay within 7 days, you may deduct a 2% discount from the invoice amount.

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, legitimize 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 ordering 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.

06. Right of withdrawal

Consumers are entitled to the legal right of withdrawal. Commercial customers are not granted a voluntary right of withdrawal.
As a consumer, you can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, e-mail) or - if the goods are delivered to you before the deadline - by returning the goods. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations under Article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB (German Einführungsgesetz zum Bürgerlichen Gesetzbuche) and our obligations under § 312e para. 1 sentence 1 BGB (German Bürgerliches Gesetzbuch) in conjunction with Article 246 § 3 EGBGB. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period.
 
The revocation is to be sent to:
 
Einstein Innovationen GmbH & Co. KG
Managing Director: Thomas Forster
Aichacher Str. 8a, 86674 Baar
support@einstein-info.de

The right of withdrawal does not apply to

• Delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the buyer is decisive or which are clearly tailored to the personal needs of the buyer.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
 
We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
 
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

07. Reservation of title

The goods shall remain our property until full payment has been made.
For commercial customers, the following shall also apply: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full.

08. Delivery and transfer of risk

The risk of accidental deterioration and accidental loss of the goods shall pass to you in accordance with the statutory provisions.
 
If you are a consumer, the risk of accidental deterioration and accidental loss of the goods shall therefore only pass to you when the goods are handed over to you or when you are in default of acceptance. We therefore assume the risk of loss or damage to the goods in transit to you. If goods are delivered with obvious transport damage, please complain about such defects to the deliverer 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, you will help us to be able to assert our own claims against the carrier or the transport insurance company
 
If you are an enterprise, however, we are only responsible for handing over the goods to the transport company used by us and, in particular, are not responsible for any fault on the part of the transport company in carrying out the delivery. We are therefore released from the obligation to perform if the goods are lost or destroyed in transit or if delivery ultimately fails for other reasons.
Delivery times stated by us are subject to the conclusion of the contract and - except in the case of purchase on account - full payment of the purchase price. The delivery period is shown on the item details page. In the case of delivery by a forwarding agent, it is part of our service that the forwarding agent agrees a suitable date with you in advance of delivery.
 
If you order several items at the same time for which different delivery times are specified in our online store, the relevant delivery time is the longest delivery time specified, unless you arrange for partial deliveries by e-mail to support@einstein-info.de, for which you may incur additional costs.
 
If we are unable to meet a binding delivery deadline for reasons for which we are not responsible (non-availability of the goods, e.g. due to lack of self-supply by upstream suppliers or force majeure), we will inform you of this immediately, stating the new delivery deadline if applicable. If the new delivery period is not acceptable to you or if the goods are also not available within the new delivery period or not available at all, both contracting parties are entitled to withdraw from the contract with regard to the goods concerned; in this case, we will immediately reimburse any consideration already paid. The statutory rights of the contracting parties shall remain unaffected by this.

09. Rights of the customer in the event of defects

Your rights in the event of material defects and defects of title shall be determined in accordance with the statutory provisions, unless otherwise specified below.
The product descriptions in our Internet store and, where applicable, more detailed manufacturer's specifications and instructions delivered with the goods shall be deemed to be agreements on the quality of the goods. Please take note of such information before you decide to keep the goods.

The customer is obliged to inspect the goods upon receipt and to notify Einstein Innovationen GmbH & Co. KG within two weeks at the latest. The same obligation applies to the customer in the case of other defects in the purchased goods from the time of discovery. If the notification is not made in good time, the goods are deemed to be approved with regard to these defects. The assertion of warranty claims is excluded in this respect.

In the event of a defect in the item, the customer must set Einstein Innovationen GmbH & Co. KG a reasonable period of time for subsequent performance in accordance with § 437 BGB (German Bürgerliches Gesetzbuch). He may, at his discretion, demand the rectification of the delivered item or a replacement delivery. The customer must inform Einstein Innovationen GmbH & Co. KG about this. Only after two unsuccessful attempts at subsequent fulfillment by Einstein Innovationen GmbH & Co. KG, the customer is entitled to further statutory warranty claims, such as reduction of the purchase price and withdrawal from the contract.

If the customer decides to have defective new goods rectified (repaired), he must send the goods directly to the manufacturer, whose address Einstein Innovationen GmbH & Co. KG will inform the customer. Einstein Innovationen GmbH & Co. KG will reimburse the customer for the shipping costs incurred, unless the manufacturer accepts a freight collect shipment from the customer.
 
For traders: If the purchase of goods via our web shop is a commercial transaction for you, the obligations of § 377 HGB (German Commercial Code) and the obligation to inspect and give notice of defects regulated therein shall apply. If you fail to notify us as stipulated therein, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.

In relation to commercial customers, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the transfer of risk.

The limitation period for warranty claims is one year for entrepreneurs and for used items. Otherwise, the statutory limitation periods shall apply. Sections 444 and 202 BGB remain unaffected.
 
Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. There is no willingness or obligation to participate in a dispute resolution procedure before a consumer arbitration board.

10. Guarantees

Some manufacturers grant guarantees on their products which go beyond the warranty rights. Please refer to the manufacturer's information for details. The manufacturer's warranty conditions apply.

11. Liability

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

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

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, 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.

12. Choice of law and place of jurisdiction

The contractual relationship shall be governed by the law of the Federal Republic of Germany to the exclusion of substantive uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the validity of mandatory consumer protection law remain unaffected.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our registered office.
 
Status 11/2023