Terms and conditions
1. Definitions, Scope of Application
These terms & conditions ("T&Cs") exclusively govern the use of our website www.ikono-shop.com and the conclusion of distance contracts on the sales of products presented thereon. These T&Cs include mandatory legal consumer information about your rights and our duties referring to distance contracts and e-commerce.
Your contractual partner for all orders within the scope of this online offer is IKONO GmbH & Co. KG, represented by its Managing Director Olaf Kramm, Otto-Hahn-Strasse 11, 33104 Paderborn.
All deliveries from IKONO GmbH & Co. KG to the customer are carried out based on the general terms and conditions given below. These underlie all offers and agreements between IKONO GmbH & Co. KG and the consumer (any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to their commercial nor their self-employed professional activity) or merchant (natural or legal persons or a partnership with legal capacity which acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction) and are accepted for the duration of the whole business relationship. Opposing or deviating conditions of the buyer are only binding if IKONO GmbH & Co. KG has agreed to them in writing.
Our general terms and conditions also apply to future business relations with merchants without our having to refer to them again. If the merchant uses his own general terms and conditions, their validity is hereby contradicted. These would only apply as part of the contract if IKONO GmbH & Co. KG expressly agrees to them.
2. Your Contractual Partner, Conclusion of contract
The purchase contract is concluded with IKONO GmbH & Co. KG.
The goods presented on our product pages can be added to your shopping cart by pressing the "Add To Cart" button.
By clicking the "Buy" button at the end of the online order form, which you enter by pressing the "Checkout" button, you place a legally binding offer to buy the items contained in your shopping cart. You may correct any misentry in your cart by clicking the "Remove" button or changing the amount of items you choose before you "Checkout".
We shall send you acknowledgement of receipt by e-mail immediately upon receiving your offer. This acknowledgement is not an order confirmation or acceptance of your offer yet. Acceptance of your order and completion of the sales contract is completed once you receive our separate acceptance ("Order Confirmation") following the acknowledgement by E-Mail.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
The contract text is not stored by us.
4. Delivery Terms
Delivery within Germany is free of charge.For deliveries outside of Germany, delivery costs are added to the stated products prices. You can find out more about the delivery costs under the menu Info. The products are delivered by our delivery and assembly service. Unfortunately, a self collection of the product is not possible. Deliveries are always arranged by telephone with our customer service team before delivery.
5. Prices
The prices set out in the offer as at the date on which the order is placed shall apply. The stated prices are final prices (totals), in other words they include German value added tax at the applicable statutory rate and other price components.
6. Payment
We generally accept in our onlineshop the following payment methods:
Credit card
VISA, MASTERCARD and AMERICAN EXPRESS. If you purchase with a credit card, your credit card account will be charged immediately. Your personal data, including your account details, will be kept strictly confidential. Our partners meet high security requirements to make your shopping experience safe and reliable.
7. Consumer’s Right of withdrawal
Withdrawal instructions
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last goods.
In order to exercise your right of withdrawal, you must inform us IKONO GmbH & Co. KG, Otto-Hahn-Straße 11, 33104 Paderborn-Sennelager, E-Mail: kontakt[@]IKONO.de of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email).
You may use the attached withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Withdrawal form
To
IKONO GmbH & Co. KG
Otto-Hahn-Straße 11
33104 Paderborn-Sennelager
Email: kontakt[@]IKONO.de
I/we (*) hereby revoke the contract concluded by me/us (*) to purchase the following merchandise (*)/:
— ordered on (*)/received on (*)
— name of customer(s)
— address of customer(s)
— signature of consumer(s) (only for notification on paper)
— date
(*) Delete where applicable
Effects 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.
IKONO GmbH & Co. KG
Otto-Hahn-Straße 11
33104 Paderborn-Sennelager
The deadline is met if you send back the goods before the period of 14 days has expired.
We bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Collection of the goods
Insofar as we have offered to collect the goods or have agreed separately, you must enable us to collect the goods between 8 a.m. and 6 p.m. on working days, whereby we will agree by mutual agreement on the collection with you. If, despite an agreement, collection is not possible for reasons for which you are responsible, you must reimburse the costs incurred.
Exclusion of the right of withdrawal
The right of withdrawal does not exist for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or that are clearly personalised. Likewise, customers who are not consumers according to the meaning of § 13 of the German Civil Code BGB have no right of withdrawal.
End of withdrawal instructions
8. Retention of title
Up to the payment of any monies owed to IKONO GmbH & Co. KG the goods remain the property of IKONO GmbH & Co. KG. If the customer is a merchant according to the German Commercial Code (HGB), IKONO GmbH & Co. KG remains owner of all delivery items up to the receipt of all payment due resulting from the business relationship.
9. Transport Damages
For merchants:
The risk of accidental loss and accidental deterioration passes to you as soon as weh ave delivered the goods to the transport company, freight forwarder or the person or institution otherwise responsible for carrying out the dispatch. The obligation to inspect and give notice of defects, which is regulated in the German Commercial Code §377 HGB, applies to merchants. If you omit the notification regulated there, the goods will be deemed approved, unless it is a defect that was not recognizable during the inspection. This does not apply if we have maliciously concealed a defect.
For consumers:
The risk of accidental loss and accidental deterioration passes when the goods are handed over to the consumer or a recipient specified by him. The handover is the same if the purchaser is in default of acceptance. Otherwise, the risk of accidental loss and accidental deterioration passes to the purchaser upon delivery, upon delivery of the goods to the freight forwarder or at the person or insitution otherwise responsible for carrying out the dispatch.
10. Warranties and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects applies. For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods.
For merchants, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to the German Civil Code §478 BGB remain unaffected. Towards merchants, only our own information and the product descriptions as manufacturer, which were included in the contract, count as an agreement on the quality of the goods.
If the delivered goods is defective we can initially choose whether wes hall provide subsequent performance by remedying the defect (subsequent improvment) or by delivery of a faultless goods (substitute delivery). The above restrictions and shortened deadlines do not apply to claims due to damage caused by us, our statutory representatives or vicarious agents
In cases of injuries to life, body or health
In the case of intentional or grossly negligent breach of duty and fraudulent intent.
In the case of breach of fundamental contractual duties, these being duties whose fulfilment is essential for proper performance of the contract and whose observance the contracting party may rely on (cardinal duties)
As part of a guarantee promise, if agreed
As far as the scope of the Product Liability Act is open
Customer Service: Our customer service is available for questions and complaints on weekdays from 9 a.m. to 4 p.m. or by E-Mail at kontakt[@]IKONO.de.
11. Limitation of liability
We are unrestrictedly liable under the statutory provisions for any injury to life, body and health caused by a negligent or wilful breach of obligations, as part of a guarantee promise, if agreed and as far as the scope of the Product Liability Act is open.
In the case of breach of fundamental contractual duties, these being duties whose fulfilment is essential for proper performance of the contract and whose observance the contracting party may rely on (cardinal duties), due to slight negligence on the part of us, our statutory representatives or vicarious agents, the amount of liability is limited to the damage that was foreseeable at the time the contract was concluded, the occurence of which must typically be expected. In addition, claims for damages are excluded.
12. Dispute Resolution
The European Commission also provides a platform for online dispute resolution (ODR). This is available at http://ec.europa.eu/consumers/odr/. However, we are neither under an obligation nor prepared to participate in a dispute resolution procedure that has been referred to a consumers’ conciliation board.
13. Place of jurisdiction, Place of fulfilment, Choice of law
Place of fulfilment for all services is the place of business of IKONO GmbH & Co. KG in Paderborn.
As far as the customer is a merchant according to the Commercial Code of Germany (HGB), a legal entity under public law or special fund under public law, then Paderborn is the place of general jurisdiction. In such case, IKONO GmbH & Co. KG is also entitled to sue the customer according to the opinion of IKONO GmbH & Co. KG at their resident court. The same applies if the customer does not have their place of general jurisdiction in Germany, relocates their place of residence or habitual residence abroad after conclusion of the agreement, or their place of residence or habitual residence is unknown at the time of filing of an action.
According to these general terms and conditions the agreement is exclusively subject to the law of the Federal Republic of Germany. Recourse to the UN Convention on Contracts for the International Sale of Goods is excluded. As far as the client is a consumer according to § 13 of the German Civil Code and is generally not resident in Germany, the mandatory regulations of this country remain unaffected.
If individual provisions of these general terms and conditions are ineffective or oppose the statutory regulations, the rest of the agreement remains unaffected.