Terms and Conditions and Customer Information
(As of 30th October 2018)
I. Identity of the contracting party
Igel Werbemittel GmbH c / o Wonder Coworking
Prenzlauer Allee 186
Telephone: 030/549 070 24
1. These general terms and conditions ( GTC) apply to all contracts for the payment of goods (if necessary, manufactured), which are an entrepreneur or a consumer you with us in our, under the domain www.igelshop.de located online store completed goods. The customer accepts these terms and conditions as binding for him and agrees with them as soon as he makes an order. Deviating conditions of the customer are not recognized, unless we expressly agree to their validity in writing.
2. These terms and conditions apply to business relationships with entrepreneurs and consumers unless otherwise stipulated in individual cases.
a) Entrepreneurs in accordance with § 14 paragraph 1 BGB is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
b) Consumers in accordance with § 13 BGB (German Civil Code) is a natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent.
III. Conclusion of contract, contract languages and contract storage
1. The time of the conclusion of the contract depends on the order type selected by the customer. All information in our catalogs, brochures, other information material and the product presentation in the online shop are non-binding. They do not constitute an offer to conclude a sales contract in the legal sense, but merely a request to the customer to submit his purchase offer to us. In detail:
2. Conclusion of the contract in the online shop
The customer can submit the offer via the online order form integrated in our online shop. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, he orders the buyer to pay by pressing the button that concludes the ordering process "A legally binding contract offer in relation to the goods contained in the shopping cart. Before completing the order process, you can correct the entered data using the electronic tools that appear on the screen. After receipt of your order with us, we confirm receipt thereof with a confirmation e-mail. You are bound to the contract offer described above for five working days. The contract is concluded when we declare the offer in writing (e-mail) or ask for payment, whichever is the earlier ( conclusion of contract ).
3. Conclusion of the contract by e-mail
You can also send your request for quotation to us by e-mail. If we need further information for the quotation, we will contact you using the contact options provided by you with a request for completing the information. We will send you our offer within 5 working days from your request or from the time when we have the necessary information in full. We are bound to the offer a calendar week unless otherwise stated. You can accept our offer by informing us by e-mail of your agreement with a clear reference to our offer. Optionally, you can print out our offer, sign it and send it back to us as a scan. The contract is concluded at the time of receipt of your acceptance of the offer by us ( Conclusion of contract ). Offer assumptions received after the expiration of one calendar week from the date of our offer represent a new offer to conclude a contract including these terms and conditions, which we can accept within 5 working days; otherwise it is considered rejected.
4. Conclusion of contract by telephone
In the case of telephone contact, the contract is concluded by telephone. In this case, we will immediately send the customer a confirmation e-mail in which the individual terms of contract are reproduced and these terms and conditions are attached.
5. Contract languages are: German and English.
6. The contract text is stored by us after conclusion of the contract and can be made available to the customer upon request.
IV. Terms of Delivery
1. We ship within the EU, mainland.
2. Unless otherwise agreed, the delivery time is four calendar weeks from the conclusion of the contract and receipt of payment. We reject agreement on fixed transactions.
3. The delivery of goods shall be made on the way to the delivery address specified by you during the ordering process. Items that can not be sent as a package due to their size will be delivered to the curb by freight carrier.
4. The postponement of delivery dates for reasons for which we or the companies commissioned with the transport are not responsible does not entitle us to reduce the purchase price. Your right to demand compensation for the resulting damage in accordance with the statutory provisions remains unaffected.
5. If the shipping or forwarding company sends the goods back to us, as a delivery was not possible for you, you bear the cost of unsuccessful shipping. This does not apply if you have exercised the right of revocation that you are entitled to, if you are not responsible for the circumstance that led to the impossibility of service or if you were temporarily prevented from accepting the service offered, unless we have the Performance have been announced a reasonable time before.
6. We reserve the right to withdraw from the contract in case of improper or improper self-delivery. This only applies in the event that we are not responsible for the non-delivery and we have taken the necessary cover business with the supplier with due diligence. We will make every reasonable effort to obtain the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
7. If the customer defaults on acceptance of the goods, we are entitled to charge the costs incurred by the storage at least 0.5% of the invoice amount for each month of storage. Furthermore, we are entitled to dispose of the goods elsewhere after setting and fruitless expiry of a reasonable period of time and to supply the customer with a reasonably extended deadline.
V. Prices and delivery costs
1. Depending on the nature of the contract:
- at the conclusion of the contract in the online shop or by telephone: the prices stated at the time of ordering in the online shop,
- By contract by e-mail: the prices indicated in our offer for the duration of the binding effect of the offer.
2. The prices shown are total prices; they include the respectively valid VAT and other price components.
3. Within Germany - mainland standard shipping is free of charge. Incidentally, the customer bears the cost of delivery. For more information, please refer to the link "Delivery" or our price lists located at the bottom of our website.
1. Unless otherwise stated in our online shop, you can choose to pay by credit card (Visa, MasterCard), Paypal, Giropay, bank transfer or (prepayment). From the second order in our online shop, the customer has the purchase on account.
2. If payment in advance by bank transfer agreed, the payment is due immediately after conclusion of the contract.
In our online shop you can pay with VISA or Mastercard. If you have successfully provided your credit card details and security inquiries, the payment amount will be debited to your credit card. Therefore, ensure sufficient coverage to save unnecessary additional costs of unsuccessful debits.
or - if the customer does not have a PayPal account - under the terms and conditions of payments without PayPal account, available at
Also in this case the debiting of your account takes place directly after the delivery of the order. Therefore, ensure sufficient coverage to save unnecessary additional costs of unsuccessful debits.
You can use the payment method Giropay of GIROPAY GmbH, An der Welle 4, 60322 Frankfurt / Main. When choosing this payment method, you will be directed by us via a secure connection to your bank. Here you make the transfer in the usual online banking environment of your bank.
VII. Delayed payment
1. If the customer is a consumer, default of payment occurs if the customer does not render despite due and reminder, or if the customer, regardless of a reminder, not within 30 days of the due date and receipt of an invoice or equivalent payment statement and we on these Consequence on the invoice or payment statement. During the default, the outstanding amount bears interest at the default interest rate of 5 pp above the respective base lending rate. Reminder fee after default is 2.50 EUR.
2. For entrepreneurs, para. XIII.
Consumers have a legal right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day:
In order to exercise your right of revocation, you must inform us by means of a clear statement (eg a with.) Igel Werbemittel GmbH c / o Wonder Coworking Prenzlauer Allee 186 10405 Berlin Germany Telephone: 030/549 070 24 E-Mail: email@example.com ) sent by post, fax or e-mail) about your decision to cancel this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery offered by us) have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse the repayment until we have received the goods back or until you have provided proof
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functionality of the goods.
Exclusion of the right of withdrawal
The right of revocation, unless the parties have agreed otherwise, not in the following contracts
- contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
- Contracts for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
Igel Werbemittel GmbH c / o Wonder Coworking
Prenzlauer Allee 186
Telephone: 030/549 070 24
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only when notified on paper)
(*) Delete as appropriate.
IX. Transfer of risk, damage to the goods during shipment
1. If you are a consumer, delivery is at our risk. Please check the packaging at the time of delivery to you for damage to the packaging or obvious material defects and show them to the employee of the courier company or the shipping company - this will help us to enforce our claims against the courier or forwarding. Reimbursement of the advertisement is not a prerequisite for the assertion of the warranty rights by you.
2. If the shipment is delayed due to circumstances for which the customer is responsible, the risk shall pass to the customer from the date of readiness for shipment, however, we shall be obliged to effect the insurance requested by the customer at the customer's request and expense ,
3. For entrepreneurs, the special provisions in Ziff.XIII apply.
X. Retention of title
If the customer is a consumer, the delivered goods remain our property until full payment of the purchase price.
XI. Essential characteristics of goods, warranty, limitations of liability
1. In the absence of deviating individual agreements in text form, the essential characteristics of the goods are based on the information in the item description and the order summary page.
2. In the case of defects in goods or title, we are liable to consumers for subsequent performance or reduction or reimbursement of the purchase price in accordance with the applicable statutory provisions of German substantive law, in particular §§ 434 ff. BGB. For entrepreneurs, supplemental no. XIII.
3. Statutory claims for damages due to a defect become statute-barred within 12 months from delivery of the goods, unless hedgehog advertising materials, their legal representatives or vicarious agents acted with intent or gross negligence or fraudulently concealed the defect. For defects due to slight negligence, we are only liable if one of the essential contractual obligations has been violated by Hegel Werbemittel, its legal representatives or vicarious agents. We are only liable for foreseeable damages that typically have to be expected. Material contractual obligations are those obligations which form the basis of the contract, which were decisive for the conclusion of the contract and on the fulfillment of which the customer may rely.
4. Schadensersatzansprüche aus anderen Gründen als ein Mangel sind ausgeschlossen, es sei denn, Igel Werbemittel, deren gesetzlichen Vertreter oder Erfüllungsgehilfen haben vorsätzlich oder grob fahrlässig gehandelt. Für leichte Fahrlässigkeit haften wir nur, wenn eine der vertragswesentlichen Pflichten durch Igel Werbemittel, deren gesetzlichen Vertreter oder Erfüllungsgehilfen verletzt wurde. Wir haften dabei nur für vorhersehbare Schäden, mit deren Entstehung typischerweise gerechnet werden muss. Vertragswesentliche Pflichten sind solche Pflichten, die die Grundlage des Vertrags bilden, die entscheidend für den Abschluss des Vertrags waren und auf deren Erfüllung der Kunde vertrauen darf.
5. The above limitations also apply in favor of our legal representatives and vicarious agents, if claims are made directly against them.
6. We are fully liable for intentional or negligent damages caused by injury to life, limb or health by means of hedgehog advertising material, their legal representatives or vicarious agents.
7. The application of the provisions of the Product Liability Act is not affected by the above limitations of liability.
8. To report a defect, please provide us with the following information and documents:
a) your name and address as well as contact details,
b) invoice receipt and
c) description of the defect,
d) photographs where the defect is clearly visible,
e) the type of supplementary performance desired by you.
We will review your defect notification within two calendar weeks from the date on which we have received all the necessary information and documents from you.
9. For entrepreneurs, para. XIII.
XII. consumer arbitration
Online dispute resolution pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for the out-of-court online dispute resolution (OS platform), which can be accessed at http://ec.europa.eu/odr .
XIII. Special provisions for entrepreneurs
1. Transfer of risk
The delivery is at the risk of the customer, if this is an entrepreneur. This also applies if the delivery is not made ex works, but by a delivery plant or distribution warehouse or a forwarding agent. The risk of accidental loss or damage to the goods is transferred to the customer with the dispatch of the goods, even if Igel Werbemittel has taken on other services, such as shipping costs, delivery and installation. At the customer's request, the shipment will be insured by Igel Werbemittel against theft, breakage, transport, fire and water damage as well as other insurable risks.
2.Investigation and complaint obligation for entrepreneurs
a) If you are an entrepreneur, you are obliged to deliver the goods immediately upon delivery to the agreed destination:
i. to examine the number of items, weights and packaging and to record any objections to this on the delivery note of the carrier, and
ii. At least on a random basis, representative, to carry out a quality control, to open the packaging to an appropriate extent and to inspect the goods themselves according to their external condition.
b) In the complaint of any defects, you must observe the following forms and deadlines:
i. The complaint must be made by the end of the working day following the delivery of the goods at the agreed destination. In the complaint of a hidden defect, despite proper initial examination acc. 2.a) has initially remained undetected, the complaint must be made by the end of the working day following the determination, but at the latest within two weeks after delivery of the goods.
ii. The complaint must be submitted to us in writing or by e-mail in detail within the abovementioned time limits. A telephone complaint is not enough. Complaints about commercial agents, brokers or agents are irrelevant.
iii. The complaint must clearly state the nature and extent of the alleged defect.
iv. You are obliged to keep the rejected goods at the examination site for inspection by us, our suppliers or experts commissioned by us.
c) Complaints relating to the number of items, weights and packaging of the goods are excluded, unless the note on the delivery note required by paragraph 2 a) above is missing.
d) Goods that have not been complied with in due time and in good time shall be deemed approved and accepted.
3. Late payment
a) Default of payment occurs if the customer does not render despite due and reminder, or if the customer, regardless of a reminder, not within 30 days of the due date and receipt of an invoice or equivalent payment statement. During the default, the outstanding amount bears interest at the default interest rate of 9 pp above the respective base lending rate. After default, we are entitled to demand a lump sum of 40.00 EUR. The assertion of further damage remains after the deduction of the aforementioned lump sum.
b) If the customer is in arrears with a payment or has ceased payments, all outstanding claims arising from all business relationships shall become due immediately. In this case and for customers with whom we do not have ongoing business relations, we are entitled, at our own discretion, to demand advance payments or securities or to deliver them against cash on delivery. For cash on delivery cash discount is not granted.
Deduction of discount requires special written agreement.
5.Modifications of warranty
a) The type of supplementary performance is determined by us.
b) The limitation period for warranty claims is one year from the transfer of risk. Exceptions to this are claims for damages due to injury to life, body or health and claims for damages due to gross negligence or intentional damage. The shortening of the limitation period does not apply if a defect was fraudulently concealed. In that regard, the statutory limitation periods apply.
6. Extended retention of title
If the customer is an entrepreneur, the delivered goods remain our property until full settlement of all claims arising from an ongoing business relationship. The customer is entitled to resell the reserved goods in the ordinary course of business. All resulting claims against third parties shall be assigned by the customer to the seller in advance in the amount of the respective invoice value (including value added tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer is authorized to collect the claims even after the assignment. Our power to collect the claims ourselves remains unaffected. However, we will not collect the claims as long as the customer meets his payment obligations to us,
XV. final provisions
law The law of the Federal Republic of Germany shall apply to all contracts concluded with us, excluding the UN Sales Convention. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
a) If the customer is a merchant, a legal entity under public law or a special fund under public law, all disputes arising from contractual relationships between the customer and us shall be exclusively those of our registered office in a materially and locally responsible manner Courts in charge.
b) If the customer is located outside the territory of the Federal Republic of Germany, our place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. However, in the above cases, we are in any case entitled to call the court at the customer's place of business.