General terms and conditions and customer information

Status: June 2019

Scope of application

We only offer our goods for sale to customers who are acting in a commercial or independent professional capacity (entrepreneurs) when concluding the legal transaction. The conclusion of a purchase contract with consumers is excluded. Our following terms and conditions of sale and delivery therefore apply exclusively to merchants in accordance with Section 1 of the German Commercial Code (HGB) and to legal entities under public law or special funds under public law that are entrepreneurs within the meaning of the German Civil Code (BGB).

I. General Terms and Conditions

1. The following terms and conditions apply to all contracts concluded between you (buyer) and us, the company InoNet Computer GmbH, Wettersteinstraße 18, 82024 Taufkirchen/Munich, Germany (Imprint) via the website “inonet.com”, unless otherwise agreed in writing between the parties. Deviating or conflicting terms and conditions are only valid with our express consent.
2. You will be notified of any changes to these terms and conditions in writing, by fax or by e-mail if a current order is affected. If you do not object to a change within four weeks of receipt of the notification, the changes will be deemed to have been accepted by you.

II Subject of the contract

The object of the contract is the sale of goods and services. The essential features of the subject of the contract can be found in the respective offer.

III Conclusion of the contract

1. The presentation of goods and services in our online store does not constitute a legally binding offer, but an invitation to order.
2. The use of all functions of our online store is only possible for registered users. In order to register, all contact and address data necessary for the preparation of offers, delivery of goods and services and for the preparation of invoices must be recorded. Your personal and company data are only collected for this purpose. Further information on our handling of personal data can be found in our privacy policy. Your user account will only be activated after successful verification of your registration.
3. By clicking on the “Send order” button in the last step of the ordering process, you submit a binding offer to purchase the goods and/or services displayed in the order overview.
4. When you place your order, you will receive an order confirmation, but this does not constitute acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order and/or booking by e-mail or realize the dispatch of the goods.
5. In our online store, you can select goods and/or services for purchase by placing them in a shopping cart by clicking on the “Add to cart” button. By clicking on the “View shopping cart” button, a page will open in the next step in which the essential article details, including any costs involved, are summarized again. There you can change the desired quantity at any time or remove selected goods or services completely. You can still correct all your entries up to this point. If you wish to cancel the order process completely, you can simply close your browser window. If you have placed products or services in your shopping cart, clicking on the “Proceed to checkout” button will take you to a page where you can enter your details and then select the shipping and payment method if necessary. Finally, an overview page will open where you can check your details. Finally, after clicking on the “Send order” button, your declaration becomes binding within the meaning of Section 3 (3) of these Terms and Conditions.

IV. Terms of delivery

1. The expected delivery date is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. If payment is made in advance by bank transfer, the goods will only be dispatched after we have received the full purchase price and the shipping costs.
2. If, contrary to expectations, a product ordered by you is not available for a reason not attributable to us, you will be informed immediately of the unavailability. In the event of withdrawal, any payments already made will be refunded immediately.
3. The shipment takes place according to Incoterm: EXW at your risk. If you wish, the shipment will be made with appropriate transport insurance, whereby the costs incurred as a result are to be paid by you.
4. Partial deliveries are permitted and can be invoiced by us independently, provided that you are not charged additional shipping costs as a result.
5. If we do not deliver the goods or do not deliver them in accordance with the contract, you must set us a grace period of 2 weeks to provide the service. Otherwise you are not entitled to withdraw from the contract.

V. Terms of payment

1. The prices quoted in the respective offers as well as the shipping costs are net prices. They do not include the statutory value added tax.
2. If shipping costs are applicable, these are not included in the device price. They will be charged separately and will be shown separately on the invoice, unless free delivery has been agreed. Further details can be found with the respective product in the overview in the shopping cart.
3. You have the payment options shown under the button in the shopping cart or in the respective offer. If no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of cash discounts is not permitted.

VI Reservation of title

1. The goods remain our property until full payment has been made. If you are more than 10 working days in delay with payment, we have the right to withdraw from the contract and reclaim the goods.
2. You are entitled to resell the goods subject to reservation of title in the ordinary course of business. In this case, however, you hereby assign to us all claims arising from such a resale in the amount of the invoice value of our claim, regardless of whether this takes place before or after any processing of the goods delivered under reservation of title.
3. Irrespective of our right to collect the claim ourselves, you remain authorized to collect the claim even after the assignment. In this context, we undertake not to collect the claim ourselves as long as and insofar as you meet your payment obligations, no application for the opening of insolvency or similar proceedings against your assets has been filed and there is no suspension of payments.
4. If the goods subject to reservation of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to reservation of title to the other processed items at the time of processing. We undertake to release the securities to which you are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are entitled to select the securities to be released.

VII Warranty

1. We guarantee freedom from defects under the following conditions. The buyer is always obliged to inspect the delivered goods immediately and to notify us in writing of any obvious defects without delay, but at the latest within two weeks of delivery. We may reject late notices of defects. Acceptance of late complaints as a gesture of goodwill shall not justify any claims for the future, even if we do not point this out in each case. Hidden defects must be reported immediately after their occurrence. The buyer is obliged to make the defective item available to us or our authorized representative for inspection during normal business hours.
2. If the delivered goods are defective, we are obliged within the framework of the statutory provisions to provide subsequent performance in the form of rectification of the defect or delivery of a defect-free item. We are entitled to choose the type of subsequent performance. In the event of rectification of defects, we are obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labor and material costs, insofar as these are not increased by the fact that the purchased item has been taken to a place other than the place of performance. If the supplementary performance fails, you are entitled to reduce the purchase price or to withdraw from the contract if the legal requirements are met. The prerequisite for any warranty rights is that you properly fulfill all inspection and complaint obligations owed under § 377 HGB.
3. Unless otherwise stated below, any further claims of the buyer – irrespective of the legal grounds – are excluded. We are therefore not liable for damage that has not occurred to the delivery item itself. In particular, we are not liable for loss of profit or other financial losses of the customer.
   The limitation period for warranty claims for the delivered goods is – except in the case of claims for damages – twelve months from receipt of the goods, unless a different limitation period is stated in the respective product description.

VIII. Limitation of liability

1. We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as a customer may regularly rely. In the latter case, however, we are only liable for the foreseeable damage typical for the contract. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
2. The above exclusions of liability do not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
3. Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant and uninterrupted availability of our online trading system.

IX. Data protection

1. We process all personal data provided by you (title, name, address, e-mail address, telephone number) exclusively in accordance with the provisions of German data protection law and the GDPR. Further information can be found in our privacy policy.
2. Your personal data, which are required for the creation, execution and termination of the contractual relationship, are used exclusively for the processing of the purchase contracts concluded between you and us, e.g. for the delivery of goods to the address you have provided. Any further use of your personal data for the purposes of advertising, market research or the needs-based design of our offers requires your express consent. You have the option of giving this consent before placing your order. This declaration of consent is completely voluntary and can be accessed on our website and revoked by you at any time.
3. If you would like further information on this or wish to access or revoke the consent you have expressly given for the use of your inventory data or object to the use of your usage data, please contact our support team at the e-mail address shop@inonet.com or by telephone on +49 89 666096-0.

X. Registration as a user

1. Your registration to our trading system is free of charge. There is no entitlement to admission to our trading system. Only companies are eligible to participate, not private individuals. For admission, please fill out the registration form available on our website electronically. You must provide the data required for registration completely and truthfully. When you register, your e-mail address will be used as your user name and you will receive an e-mail with an activation link, which you must use to confirm your registration and set a password. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances.
2. You can delete your registration at any time. Registration with us alone does not constitute any obligation to purchase the goods offered by us.
3. If your personal details change, you are responsible for updating them yourself. You can make all the necessary changes yourself online after logging into your account.

XI Software

1. Licensed software including subsequent new versions as well as parts thereof and the associated documentation may only be used on the computer unit on which they were first installed. You agree to comply with the respective license conditions of the software.
2. According to the current state of technology, the structure of software is never completely error-free. In the case of significant defects, the instruction to circumvent the effects of the defect shall also be deemed sufficient rectification.
3. According to the state of the art, uninterrupted or error-free operation or the complete elimination of all possible errors cannot be guaranteed.
4. It is the responsibility of the user to ensure that the program functions of the software meet his requirements or work together with the selection he has made.

XII Area of application of the products, bearer of overall responsibility

1. Our products are not intended for use in safety-relevant areas unless this has been explicitly approved by us for certain products. This applies in particular to applications in the aerospace and defense technology sectors as well as in the fields of medical and automotive engineering.
2. In their respective approvals, complete appliances comply with the provisions of the Electromagnetic Compatibility Directive and the Low Voltage Directive and fulfill the obligations for CE marking. Insofar as statutory, official or other operating or safety regulations also apply, the buyer is responsible for complying with them.
3. If the products are integrated into complete systems, the purchaser is obliged to carry out sufficient compatibility and function tests before using or reselling them. He himself is responsible for the overall system.

XIII Right of retention, reservation of title

You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship. Offsetting and retention by you are excluded unless your counterclaim is recognized, undisputed by us or legally established.

XIV Choice of law, place of performance, place of jurisdiction

1. German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
2. The place of performance and jurisdiction is our registered office if you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.

XV Final regulations

Should individual clauses of these terms and conditions be invalid, this shall not affect the validity of the remaining clauses. The invalid provision will be replaced by mutual agreement between the contracting parties by a legally valid provision which comes closest to the economic sense and purpose of the invalid provision. The above regulation applies accordingly in the event of loopholes.