Conditions

Conditions
General terms and conditions and consumer information

Infigo GmbH
Oberhaßlauer Str. 1-2
D – 08112 Wilkau-Haßlau
Email: info@infigo.gmbh

§ 1 Scope
§ 2 Definitions
§ 3 Delivery restrictions
§ 4 Conclusion of contract, review of correction, contract language, codes of conduct
§ 5 Contract text
§ 6 Responsibility for content, right to exemption and data backup
§ 7 Prices
§ 8 Delivery & Payment Conditions
§ 9 Retention of title
§ 10 Prohibition of offsetting and right of retention
§ 11 Liability for defects
§ 12 Customer service, customer services and guarantees
§ 13 Place of jurisdiction and choice of law

§ 1 Scope

By placing your order you accept the validity of these general terms and conditions. Differing or supplementary conditions of the customer that we do not expressly recognize do not apply even if we do not expressly object to them.

§ 2 Definitions

1. “Consumer” within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or independent professional activity (Section 13 of the Civil Code).

2. “Entrepreneur” within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (Section 14 of the Civil Code).

3. “Customers” within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.

§ 3 Delivery restrictions

Please note that we only deliver within Germany, the countries of the European Union and Switzerland.

§ 4 Conclusion of contract, review and correction, contract language, codes of conduct

1. The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding product presentation. By placing your order, you are making a binding offer to conclude a purchase contract. This can be done by post, email, fax or via our order form. The latter by placing the respective items in the shopping cart and then clicking on the order button after entering your personal data and choosing the payment method. During this order you can continuously correct all entries. In addition, your entries will be summarized again before you submit the order and can be edited/corrected here.

Confirmation of receipt of your order occurs together with acceptance of the order immediately after sending by automated email. The purchase contract is concluded with this email confirmation. You must therefore ensure that the email address you provided to process your order is correct and that emails sent by us can be received. If necessary, please also check your “spam folder”.

2. Please note that the contract can only be concluded in German.

3. We are not subject to any special codes of conduct.

§ 5 Contract text

The contract text/your order data will be saved by us after the contract has been concluded and, provided you have opened a customer account, can be accessed, saved and printed out at any time. In addition, the General Terms and Conditions will be sent to you by email as part of the order confirmation and will be permanently available in our online shop so that you can also access, save and print them out.

§ 6 Responsibility for content, right to exemption and data backup

1. You are solely responsible for this content you provide, its legality and the lawfulness of its use in the context of your order. You are obliged to ensure that the content provided is lawful. In particular, but not exclusively, you must ensure that the content does not violate the religious or cultural interests of other people and is not defamatory, hurtful, insulting, threatening, obscene, pornographic, harmful to minors or otherwise unlawful or contrary to morality Show content. In particular, you are obliged to only provide content that does not violate the rights of third parties, in particular personal rights, trademarks and copyrights.

2. You release us from all claims by third parties due to violations of their rights through content you post. You also assume the costs of the necessary legal defense including all court and attorney fees. This does not apply if and to the extent that you are not responsible for the infringement.

3. We have no obligation to retain any content you provide. Rather, you are responsible for storing, securing and archiving the content and information provided.

4. The client is liable for the print data/data provided. Infigo GmbH does not check the provided data/print data for content or other errors. A print data/data check must be agreed upon separately and is not automatically part of the contract. The client alone bears the risk of any errors in the printed products resulting from incorrect print data.

§ 7 Prices

The prices are listed in the individual product images. They include sales tax and, if applicable, plus delivery and shipping costs. These may be borne by you and can be determined using the “Payment and shipping information” button or the “Shipping costs” links. They will also be displayed to you in the ordering process.

§ 8 Delivery & Payment Conditions

You can see the payment methods available to you and the associated payment terms using the “Payment and shipping information” button or the “Shipping costs” links. You are an entrepreneur: Delivery dates/delivery times confirmed by us only apply if the order is clear and/or approved for printing at the time the order confirmation is created. If the order is clear and/or released for printing at a later point in time (e.g. later receipt of payment, incorrect or non-existent print data), the confirmed delivery time information is no longer valid and must be requested again by the client at the time the order is clear and/or released for printing and confirmed by us.

§ 9 Retention of title

The goods remain our property until full payment has been made.

§ 10 Prohibition of offsetting and right of retention

1. Offsetting by you is only permitted if your alleged counterclaim is undisputed, has been legally established, or if a legal dispute regarding this claim is ready for a decision.

2. The same applies to a right of retention if you are a merchant. If this is not the case, you can only assert a right of retention if your counterclaim is based on the same contractual relationship.

3. Your counterclaims that are based on the defective and/or incomplete provision of our respective contractual services are excluded from the ban on offsetting and the ban on asserting rights of retention.

§ 11 Liability for defects

1. Scope

a) If you are a consumer, the provisions of the statutory liability law for defects exist and apply to all items. However, please note the following shortening of the limitation period for defect liability rights for used goods.

b) If you are an entrepreneur, if the delivered goods are defective, you are entitled, within the scope of the legal provisions, to demand subsequent performance in the form of the elimination of the defect or the delivery of a defect-free item. We have the right to choose the type of supplementary performance. If supplementary performance fails, you are entitled to withdraw from the contract or reduce the purchase price, demand compensation or reimbursement of wasted expenses. The prerequisite for any liability rights for defects is that you properly fulfill all inspection and complaint obligations owed in accordance with Section 377 of the German Commercial Code (HGB).

We are not liable for technical, unavoidable deviations in the quality, color, weight and other properties of the goods, provided that these are within the normal range for the product and industry.

2. Statute of limitations

a) If you are a consumer, the limitation period for defect liability rights for new goods is two years and for used goods one year from delivery of the goods to you.

b) If you are an entrepreneur, the limitation period for defect liability rights is one year from delivery of the goods to you.

c) The above shortening of the statutory limitation periods does not apply if the obligation to pay compensation is based on physical injury or damage to health due to a defect for which we are responsible or on intent or gross negligence, if a defect is fraudulently concealed and if the guarantee for the quality of the purchased item is assumed. The rights of the entrepreneur under Sections 478 and 479 of the German Civil Code, as well as liability under the Product Liability Act, remain unaffected by the above shortening of the statutory limitation periods.

§ 12 Customer service, customer services and guarantees

Please note that we do not undertake or offer any special customer services, after-sales services or our own quality or durability guarantees for the goods offered. If such services are offered or accepted by the respective manufacturer, these come into effect in addition to the statutory liability law for defects and establish a separate legal relationship with the manufacturer. If the respective manufacturer of the goods offered offers or undertakes such services, you can find out about their existence and conditions in our product description of the goods.

§ 13 Place of jurisdiction and choice of law

1. If you are a merchant, a legal entity under public law or a special fund under public law, our registered office in Kirchberg is the exclusive place of jurisdiction for all legal disputes arising from and in connection with this contractual relationship.

2. The law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods and international private law. Mandatory provisions of the country in which you have your habitual residence remain unaffected.

Online dispute resolution according to Art. 14 Para. 1 ODR-VO:
The European Commission provides a platform for online dispute resolution (OS). You can find the platform at http://ec.europa.eu/consumers/odr/. However, we are not obliged to take part in a dispute resolution procedure before a consumer arbitration board, but we are generally prepared to do so.