General and Application:
(1) All offers, sales contracts, supplies and services provided on the basis of orders placed by our customers in our online shop www.inhale.com (the "Online Shop") are subject to these General Terms and Conditions.
(2) The range of products in our Online Shop is equally aimed at both consumers and business owners. For purposes of these General Terms and Conditions, (i) a consumer is any natural person who enters into the contract for a purpose which is neither commercial nor independent professional activities (Section 13 of the Civil Code - BGB) and (ii) a "contractor" is a natural or legal person or a legal partnership acting in their commercial or independent professional activity upon conclusion of the contract (Section 14 para 1 BGB).
(3) Terms and conditions of the customer shall not apply, even if we do not separately rule out their applicability in individual cases.
(4) The contracts with the customer are concluded exclusively in German or English, depending on whether the customer places the order in the German-speaking or English-language section of the Online Shop. If the customer's order is placed through our German language website, the German version of these General Terms and Conditions shall apply exclusively. If the customer's order is placed through our English language website, the English version of these General Terms and Conditions shall apply exclusively.
Conclusion of contract
(1) Our offers in the Online Shop are not binding.
(2) By placing an order in the Online Shop (which requires prior registration and acceptance of these General Terms and Conditions) the Customer makes a binding offer to purchase the relevant product. The customer is bound to this offer until the end of the third working day following the day on which the offer is made.
(3) We shall send the customer a confirmation regarding the content of the offer immediately after receipt of the offer, which shall not be regarded as an acceptance of the offer. The offer is only accepted by us once we inform the customer (by e-mail) that we have accepted the order or have dispatched the goods. The purchase contract with the customer is not valid until we have accepted it.
(4) Any customer who is a consumer is entitled to revoke the offer and return the goods in accordance with the special cancellation and return policy specified on our website during the ordering process.
Prices and payment
(1) Our prices include statutory sales tax but no shipping costs. Duties and similar charges shall be paid by the customer.
(2) Unless agreed otherwise, we deliver only against advance payment (as specified in the order).
(3) If delivery on account has been agreed, our invoices are due for payment no later than five working days after delivery of the goods and receipt of the invoice by the customer.
(4) The customer is not entitled to a right of set-off or retention unless the counterclaim is undisputed or legally binding.
Shipment of the goods
(1) We shall send the goods to the customer no later than on the dispatch date (date of handover of the goods by us to the mail-order company), whereby this is only approximate and can therefore be exceeded by up to four working days. If no dispatch date is indicated, goods which are marked as being "in stock" shall be dispatched no later than on the fifth working day (subject to a valid sale in accordance with Section 2) and all other goods within three weeks. This period which is decisive for the determination of the dispatch date begins in each case (a) if delivery against advance payment has been agreed, on the date of receipt of the full purchase price (including VAT and shipping costs) or (b) if payment as cash on delivery or on account has been agreed, on the day of conclusion of the purchase contract.
(2) If the goods are marked as being "in stock" when the order is placed by the customer in the Online Shop and if the delivery is made against advance payment, we shall hold the goods for a period of five working days following our acceptance of the offer. If we do not receive payment within this period, we shall be entitled to sell the goods elsewhere at any time. In such a case, the dispatch shall only be made within the stated period of five days while stock is available. Otherwise, a period of three weeks after receipt of payment is agreed.
(3) If our supplier does not deliver, in a timely manner, goods that were marked as "not in stock" when the order was placed by the customer in the Online Shop or if the goods were sold in accordance with Section 2, the relevant period for dispatch in accordance with Sections 1 and 2 shall be extended until delivery by our supplier, but no longer than by a period of six weeks. A requirement for this extension is that we have immediately reordered the goods and are not responsible for the delay in delivery by our suppliers.
(4) If the goods cannot be delivered or cannot be delivered in a timely manner due to any of the reasons referred to in Section 3 or are not available in time, we shall immediately inform the customer. If the goods are not available from our suppliers for the foreseeable future, we are entitled to withdraw from the contract. In the case of withdrawal, we shall immediately refund to the customer any payments which have been made to us. The customer's statutory rights due to delayed delivery are not affected by the abovementioned provisions, whereby the customer is only entitled to claim damages in accordance with the special provisions of Section 9 of these General Terms and Conditions.
(5) We are entitled to make partial deliveries of separately usable products in a single order, whereby we shall cover the additional delivery costs incurred as a result.
Shipping, insurance and transfer of risk
(1) Unless agreed otherwise, we shall select an appropriate shipping method and the shipping company at our reasonable discretion.
(2) We are responsible only for the timely, correct dispatch of the goods to the shipping company and are not responsible for delays caused by shipping company delays. Any delivery times stated in the Online Shop are therefore non-binding.
(3) If the customer is a consumer, the risk of accidental loss or damage of the goods shall be transferred to the customer at the time which the goods are delivered to the customer or the customer is in default of acceptance. In all other cases, the risk shall be transferred to the customer upon dispatch of the goods to the shipping company.
Retention of title
(1) We shall retain ownership of the goods delivered by us until full payment of the purchase price (including tax and shipping) for the relevant goods.
(2) The customer is not entitled to resell the goods delivered by us subject to retention of title without our prior written consent. In the event of resale, the customer hereby assigns to us all receivables from the resale up to the purchase price payable to us plus a premium of 20%. We hereby authorise the customer to collect these assigned claims in the ordinary course of business, whereby we are entitled to withdraw this authorisation at any time in the event of late payment by the customer.
(1) If the delivered goods are defective, the customer is entitled to initially request the rectification of the defect or delivery of goods free of defects; if the customer is an entrepreneur, we can choose whether to rectify the defect or deliver goods free of defects. The selection can only be made by notifying the customer in writing (including by fax or e-mail) no later than three working days after the defect has been reported. We may refuse the type of subsequent performance chosen by the customer if this would only be possible by incurring disproportionate costs.
(2) If the subsequent performance in accordance with Section 7 (1) fails, is unreasonable for the customer or if we refuse the supplementary performance, the customer is entitled to cancel the purchase contract in accordance with the applicable law, reduce the purchase price or demand compensation or reimbursement of useless expenditure. The special provisions of Section 9 of these General Terms and Conditions also apply to claims by the customer for compensation.
(3) The warranty period is 30 days from the date of delivery
(4) The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately after receipt. The delivered goods shall be deemed as having been accepted by the customer if a defect is not reported (ii) within five business days after delivery in the case of obvious defects or otherwise (i) within five working days after discovery of the defect.
(1) Our liability for negligence (except gross negligence) is limited to (10) % of the respective purchase price (including VAT) in the case of delayed delivery.
(2) We are not liable (irrespective of the legal reason) for damages that are typically not to be expected due to the nature of the particular contract and goods and with normal use of the goods. The foregoing limitations do not apply in cases of intent or gross negligence.
(3) The limitations of this Section 8 shall not apply with regards to our liability for guaranteed characteristics in the sense of Section 444 of the German Civil Code (BGB), injury to life, body or health or in accordance with the German Product Liability Act (Produkthaftungsgesetz).
(1) We are entitled to process and store data relevant to the respective purchase agreements to the extent necessary for the execution and settlement of the purchase contract and for as long as we are obliged to keep this data due to legal requirements.
(2) We reserve the right to transfer personal data of customers to credit bureaus to the extent necessary for credit checks, provided that the customer explicitly agrees to this in each individual case. We shall not transfer any other personal customer data to third parties without the express consent of the customer, except to the extent we are required by law to release data.
(3) We are not permitted to collect, transfer or process in any other way customers' personal data other than in those cases referred to in this Section 9.
Governing law and place of jurisdiction
(1) The purchase agreement between us and the customer is subject to binding international private legal provisions of the law of the Federal Republic of Germany, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant in the sense of Section 1 para. 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Cologne are exclusively responsible for all disputes arising out of or in connection with the relevant contractual relationship. In all other cases, we or the customer can bring an action in any court with jurisdiction on the basis of statutory provisions.