Terms & Conditions
and Customer Information
Table of Contents
- Information about our Online-Shop
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Terms of Payment
- Delivery and Shipping Conditions
- Terms of Payment
- Granting of Rights of use for Ditigital Content
- Other Claims
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Applicable Law
- Place of Jurisdiction
- Data Protection
1. Information about our Online-Shop
INGE-GLAS MANUFAKTUR® a brand of Inge’s Christmas Decor GmbH – hereinafter referred to as “IGM” for short
96465 Neustadt bei Coburg
Tel.: +49 (0) 9568/857-77
Monday to Friday 08:00 am to 04:00 pm o’clock
Local court Coburg | HRB3504
VAT ID No. DE 221 547 562
Managing director: Klaus Müller-Blech, Tilo Hannemann
This store is exclusively for end customers. Consequently, all invoices are issued with the applicable VAT rate. The subsequent change of the invoice is unfortunately not possible due to process reasons.
Delivery is worldwide, except North America.
Order process in the webshop:
- Place the items you want in the shopping cart. You can delete items or change their quantity at any time in the shopping cart. If you want to buy the items in the shopping cart, click on “CONTINUE TO CHECKOUT” to get to the order process.
- If you have not already done so, log in with your customer data, register as a new customer or order as a guest.
- Now select your preferred payment method.
- In the last step you will receive an overview of all your order data. Please check them for correctness (especially billing and shipping address, product, quantity, price, payment method). You can correct or change your order data by clicking on “Edit”.
- To send your order to us, click on the button “Buy now”. With this you make a binding offer. After you have sent your order, we will send you an e-mail confirming that we have received your order. This confirmation of receipt only serves to inform you that we have received your order and does not constitute an acceptance of your offer. In a second e-mail you will receive our confirmation of acceptance of the contract (order confirmation), we also summarize your order here again. Thus, the purchase contract is concluded. Beginning with receipt of the goods, you have 14 days to exercise your statutory right of withdrawal.
- We store your order. In case you lose your order documents, please contact us by e-mail, fax or phone. We will be happy to send you a copy of your order.
2. Scope of Application
- These General Terms and Conditions (hereinafter referred to as “GTC”) are an integral part of all business transactions, including subsequent ones, between Inge’s Christmas Decor GmbH (hereinafter referred to as “Seller”) and the consumer (hereinafter referred to as “Customer”); they are recognized by placing the order or accepting the goods or services. Other terms and conditions, in particular purchasing conditions of customers are not recognized by the seller – even without written objection. Counter-confirmations of the customer with reference to his general terms and conditions are hereby contradicted.
- These terms and conditions apply to contracts for the supply of digital content, as well as the goods presented in the print catalog and the web store, provided that there is no deviating regulation.
Hereinafter referred to as “digital content” shall mean all data that is not on a physical data carrier, that is produced in digital form and that is made available by the seller in accordance with the information in “8. Granting of rights of use for digital content”.
3. Conclusion of Contract
- The presentation of the goods and services in our online store or in catalogs and flyers does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).
- The offers of the seller are subject to change and non-binding. We reserve the right to make technical changes to the offers in terms of color, shape, size and/or weight within the scope of what is reasonable.
4. Right of Withdrawal
- In principle, consumers have a right of withdrawal.
- Explicit information on the right of withdrawal is contained in the seller’s cancellation policy.
5. Prices and Terms of Payment
- The invoice is to be paid strictly net, without any deduction, plus the applicable sales tax.
- Offsets as well as the assertion of a right of retention with regard to previous orders are not permitted. Furthermore, the right only exists insofar as counterclaims or the right of retention are undisputed or if counterclaims have been legally established.
- If it subsequently becomes known to the Seller that a Customer, when placing the order, concealed circumstances that were not recognizably unfavorable to the Seller and which do not allow the Seller to exclude his inability to fulfill the contract, the Seller shall be entitled to withdraw from the contract immediately or to demand payment for services already rendered.
- In the event of non-compliance with the Seller’s terms of payment, the Seller’s entire claim shall become due immediately. In case of default of payment all conditions agreed between the customer and the seller expire and the seller reserves the right after unsuccessful setting of a deadline to make use of his retention of title and to demand the surrender of the delivered goods.
- If the place of delivery is in a country outside the European Union, further costs may be incurred which are to be borne by the customer. Examples of this are the costs for the transfer of money by credit institutions or taxes or import duties. In individual cases, such payments may also be incurred if the place of delivery is in a country of the European Union, but the customer makes the payment from a country outside the European Union.
- The customer will be informed about the payment option(s) in the online store.
6. Delivery and Shipping Conditions
- The shipment is made by parcel service. The seller charges the buyer for this, a fee depending on the delivery location, which can be found in the shipping scale under the page “Payment and Shipping”. The seller reserves the right to make partial deliveries.
- Insofar as the delivery of the goods is not provided or not provided in accordance with the contract, the customer must first set a grace period of 4 weeks to effect performance. Only if this period is culpably exceeded shall default occur.
- Circumstances for which the seller is not responsible, such as force majeure, release the seller from compliance with the promised delivery time, or entitle him to withdraw from the contract.
7. Terms of Payment
We reserve the right to offer you only certain payment methods due to our internal credit guidelines for the requested delivery. An individually evaluated credit and address check is performed for each order and depends on many different factors, e.g. your order and return behavior, the amount of your order, a check of the delivery address and your payment behavior.
8. Granting of Rights of Use for Digitial Content
- The seller grants the customer the non-exclusive, local and temporally unlimited right to use the content provided for business purposes, unless otherwise stated in the DeepL description in the sales documents.
- The transfer of the transferred content to third parties and the creation of copies for third parties outside the scope of these GTC is not permitted. Unless the seller has agreed to a transfer of the contractual license to the third party.
- The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The seller can provisionally permit the use of the contractual content before this point in time. However, this provisional permission does not include a transfer of rights.
9. Other Claims
- Unless otherwise provided for in these provisions, claims for damages and claims for reimbursement of expenses of the Buyer shall be excluded, irrespective of the legal grounds, in particular under §§ 280, 282, 284, 286 and 311 BGB. This shall not apply in cases of mandatory liability, e.g. under the Product Liability Act or in cases of injury to life, limb or health or in cases of intent, gross negligence, assumption of a guarantee or breach of material contractual obligations.
- However, damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless caused by intent or gross negligence.
- A withdrawal from the contract by the buyer in cases other than those provided for in these terms and conditions, is only possible in the event of fault on the part of the seller.
10. Retention of Title
The seller retains ownership of the goods delivered to consumers until the purchase price owed has been paid in full.
11. Liability for Defects (Warranty)
- Complaints due to incomplete or defective delivery must be reported at the latest seven days after delivery, in the case of hidden defects immediately after their discovery. This shall also apply in the event of recourse by the company in accordance with §§478 BGB.
- The Seller shall be liable for material defects (which must be present at the time of transfer of risk in order to trigger liability) as follows:
- The Seller shall provide subsequent performance by delivering a defect-free item, unless the elimination of the defect is absolutely necessary for the Customer and can be provided by the Seller at reasonable cost. The Seller shall be granted a reasonable time and opportunity for subsequent performance. If he is denied this opportunity, he is insofar released from the supplementary performance and further claims for defects.
- If no subsequent performance is effected within the set period, the Buyer shall be entitled to claim damages instead of performance and/or rescission in case of substantial defects and also to claim reduction of the purchase price instead of rescission in case of insignificant defects. The setting of a deadline in accordance with Clause 11.2.1 shall only not be required if the Seller has finally refused subsequent performance, if at least three attempts at subsequent performance have failed or if, in the case of delivery not in accordance with the contract on a specific date, a delivery date has been confirmed by the Seller in writing and the Seller was aware that the Buyer would not be interested in subsequent performance if the delivery was not made on time and in accordance with the contract. However, the Buyer may only claim damages instead of performance due to a material defect if the Seller is responsible for the material defect as a result of gross negligence or intent, unless the Seller’s breach of duty is a cardinal obligation under the contract. This limitation of liability shall not apply in the event of injury to life, body or health as a result of the defectiveness of the delivered product or in all other cases in which the Seller’s liability for damages is mandatory.
- Subsequent performance and other claims for defects shall not extend to natural wear and tear or damage occurring after the passing of risk as a result of incorrect or negligent handling, excessive strain, unsuitable operating materials or as a result of special external influences not assumed under the contract.
- In the event of notices of defects, the customer may withhold payments only to an extent that is in reasonable proportion to the defect that has occurred.
- The Buyer’s claims for defects shall become time-barred one year after delivery to the Buyer. This shall not apply to the Buyer’s rights of recourse pursuant to §§ 478, 479 BGB.
12. Redemption of Promotional Vouchers
- Vouchers that are issued free of charge by the Seller as part of promotions with a specific validity period and cannot be purchased by the Customer (hereinafter “Promotion Vouchers”) can only be redeemed during the specified period and only in the Seller’s online store.
- With the help of appropriate wording, individual products may be excluded from the content of the promotional voucher.
- A promotional voucher can only be redeemed before the order process is completed. It is not possible to offset it afterwards.
- Several promotional vouchers can be redeemed for one order.
- If the value of the goods is less than the amount of the promotional voucher, any remaining credit will not be refunded by the seller.
- If the value of the promotional voucher does not fully cover the value of the order, the difference must be paid via one of the payment methods offered by the Seller.
- Promotional vouchers cannot be paid out in cash or earn interest.
- If the customer returns goods that were paid for in whole or in part with a promotional voucher within the scope of his statutory right of withdrawal, the voucher will not be refunded.
- A promotional voucher can only be redeemed by the person to whom it is addressed. Transfer to third parties is excluded. The seller is allowed to check the respective material eligibility.
13. Applicable Law
All legal relations with the Seller shall be governed exclusively by the laws of the Federal Republic of Germany.
14. Place of Jurisdiction
- Place of performance for all obligations of both contracting parties is 96465 Neustadt bei Coburg.
- For all legal disputes between the customer and the seller 96450 Coburg is the agreed place of jurisdiction.
- Should individual parts of the contract or these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
- In the event of gaps in the provisions, those legally effective provisions shall be deemed to have been agreed to fill these gaps which the contracting parties would have agreed to in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions if they had been aware of the gap in the provisions.
- In the event of different interpretations of the translated General Terms and Conditions, the original German version shall apply.
16. Data Potection
The data necessary for the business transaction will be stored and, if necessary, also passed on to affiliated companies within the framework of the order processing. For the purpose of credit assessment, the Seller exchanges data with companies that provide credit information or offer credit insurance. Furthermore, address and order data are collected and processed for its marketing purposes, whereby the buyer can object to this use of the data at any time. After receipt of the objection, the seller will no longer use and process or pass on the data concerned for purposes other than the processing of their customer relationship and will immediately cease sending further advertising material, including its catalog. The customer’s data will not be passed on for third-party advertising.
Inge’s Christmas Decor GmbH, Dieselstraße 7, 96465 Neustadt bei Coburg
Status: September 2021, subject to change without notice.