§ 1 Scope
(1) C2G Production is a business branch of IKONUM e. K., Bautzner Straße 6, 01099 Dresden, represented by owner Urs Draeger.
These General Terms and Conditions (hereinafter GTC) apply to all contracts concluded between IKONUM e. K. (hereinafter IKONUM) and the customer. Upon conclusion of the contract, the customer accepts these GTC as binding, regardless of whether the customer actually takes note of them. The GTC take precedence over any terms and conditions of the customer. Conflicting terms and conditions of the customer will not become part of the contract, even without express objection, unless IKONUM agrees to them in text form in individual cases.
(2) The provisions of these GTC shall only apply if the customer is an entrepreneur pursuant to § 14 BGB.
(3) The General Terms and Conditions in the version valid at the time of the conclusion of the contract shall apply.
(4) Additions or amendments to these GTC must be made in writing in accordance with § 126b of the German Civil Code (BGB) in order to be legally effective.
(5) Upon conclusion of the contract, the customer assures to be legally competent without restrictions or to have the consent of the legal representative.
(6) For reasons of better readability, the simultaneous use of the masculine, feminine and diverse forms of speech is waived. The use of the word “customer” nevertheless applies to all genders.
(7) The contractual language is English.
§ 2 Conclusion of Contract; Reservation of Right to Amend
(1) IKONUM informs the customer by telephone or in text form about current services. This contact is not a binding offer to conclude a contract (hereinafter referred to as advertising). The customer is invited by the advertised products to make an offer to conclude a contract with IKONUM by placing an order.
(2) In the case of § 2 Para.1, the Customer submits an offer in text form to IKONUM for the conclusion of a contract. If an order form was provided in the advertisement, the customer may use it to submit the offer. The submission of the offer by the customer is binding. On § 5 para. 2 is expressly referred to.
(3) If the Customer makes an inquiry about a product without it having been previously advertised, IKONUM will inform the Customer of the availability of the product and the conditions. This communication is non-binding information. The customer is invited by this information to submit an offer to conclude a contract to IKONUM by placing an order. On § 2 para. 2 is referred to.
(4) If the customer submits the offer outside the time limit within the meaning of § 5 para. 2, IKONUM is entitled to submit a new offer with adjusted conditions.
(5) The acceptance of the offer by IKONUM takes place by means of an explicit acceptance confirmation in text form.
(6) The customer is advised that the sending of an e-mail which merely confirms the receipt of the offer does not yet lead to the conclusion of a contract.
(7) If the customer does not receive an express declaration of acceptance by IKONUM within 7 working days after submitting his offer, the offer is considered rejected.
(8) The Customer is informed that IKONUM is entitled to deliver a substitute product which is equivalent in quality, price, external design, processing and material, if the ordered product cannot be delivered after conclusion of the contract for reasons for which IKONUM is not responsible and the delivery of a substitute product is reasonable for the Customer.
§ 3 Delivery conditions
(1) The customer receives the order by delivery. Collection from IKONUM’s premises is excluded unless otherwise agreed. The delivery is carried out by a transport company commissioned by IKONUM.
(2) Delivery is generally made within Germany. Delivery within the EU and Switzerland will be made only after separate agreement.
(3) The delivery date or delivery period communicated to the customer is an estimated indication. There is no entitlement to compliance with this date or period.
(4) If the non-binding delivery date is exceeded by three weeks without delivery of the ordered products, the Customer may request IKONUM to deliver by setting a reasonable deadline. The customer is advised that IKONUM is only in default upon receipt of this request.
(5) The customer is informed that IKONUM orders the products from the manufacturer only after the conclusion of the contract. In the case of payment in advance, the order can be placed with the manufacturer only with pro rata payment of the purchase price, unless otherwise agreed. The customer is informed that there may be delays in delivery if he does not meet the payment deadlines as stated in the request for payment.
(6) If the delivery time cannot be met due to damage or loss of the products during transport, IKONUM will inform the Customer immediately, provided it is possible and reasonable.
(7) If the Customer cannot be found on the agreed or expected delivery date, IKONUM reserves the right to charge an expense allowance corresponding to the amount of the gross order value, provided that no substitute delivery, e.g. to a neighbor or a parcel acceptance point, is possible. This also applies in particular if doors cannot be found, the bell is defective or the customer overhears the ringing. The provisions of this paragraph shall apply regardless of whether the customer is present at the agreed place of delivery or not.
§ 4 Retention of title, extended retention of title
(1) The delivered products remain the property of IKONUM until all its claims against the customer arising from the business relationship have been fulfilled.
(2) The resale of the delivered products by the Customer is only permitted in the ordinary course of business and only under the conditions that payment of the equivalent value of the products is made to the Customer and that the Customer is not in default with his payment obligations to IKONUM. The customer shall also agree with the purchaser that the purchaser shall acquire ownership only upon such payment.
(3) In the event of resale of the delivered products, the customer hereby assigns his claim from the resale against his purchaser with all ancillary rights to IKONUM by way of security, without the need for any further declaration. The assignment shall also include any balance claims. The assignment applies only to the amount corresponding to the price of the delivered products invoiced by IKONUM. The share of the claim assigned to IKONUM is to be satisfied with priority. IKONUM hereby accepts the assignment.
(4) The customer is revocably authorized to collect the claims assigned to IKONUM for its account in its own name. The customer is obliged to immediately forward payments made on the assigned claim to IKONUM. The right of IKONUM to collect the claims itself is not affected. IKONUM will not collect the customer’s claims against a third party as long as the customer duly fulfills his payment obligations.
(5) The right of revocation according to § 4 para. 5 is available to IKONUM in the event of legitimate interests. This is particularly the case in the event of default in payment, cessation of payment, impending insolvency of the customer, opening of insolvency proceedings. The revocation shall be made in text form.
(6) The processing or transformation of the products subject to retention of title is not permitted.
(7) During the existence of the reservation of title, the customer is prohibited from pledging or assigning the delivered products as security. In the event of seizure, confiscation or other dispositions or interventions by third parties, the customer must inform IKONUM immediately.
(8) IKONUM will release the securities to which the Customer is entitled to the extent that the realizable value exceeds the value of the outstanding claims against the Customer by 10%. It is presumed that the conditions of the preceding sentence are fulfilled if the estimated value of the securities to which IKONUM is entitled reaches or exceeds 150% of the value of the secured claims.
(9) In the event of breaches of duty by the Customer, in particular in the event of default in payment, IKONUM is entitled, even without setting a deadline, to demand the surrender of the products and/or – if necessary after setting a deadline – to withdraw from the contract; the Customer is obliged to surrender the products. The request for return of the products does not constitute a declaration of withdrawal by IKONUM, unless this is expressly stated.
§ 5 Prices, terms of payment
(1) The prices stated in the advertising and in the information letter are gross prices, including. VAT and other price components as well as shipping and delivery costs.
(2) The customer is informed that the prices stated in the advertisement are binding only for the period stated in the advertisement. If no period of validity is mentioned in the advertisement, IKONUM is bound to the conditions of the advertisement for 5 working days. Reference is made to § 2 Para.4.
(3) The customer is informed that the ordered products may be delivered from abroad. In this case, in addition to the costs within the meaning of § 5 para. 1 import and/or customs duties are incurred, the amount and due date of which cannot be foreseen at the time of conclusion of the contract. Such costs are to be paid by the customer and will be invoiced separately by IKONUM. IKONUM informs the customer before the conclusion of the contract that customs and/or import fees may apply.
(4) Payment can be made in advance, Paypal or on account, unless otherwise agreed.
(5) The customer agrees to receive the payment request by e-mail.
(6) If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless a later due date has been agreed.
(7) The due date within the scope of the other payment methods shall result from the request for payment.
(9) The customer shall have no right of retention.
(10) IKONUM is entitled to demand a reasonable advance payment in individual cases, even if the advance payment method is not used.
§ 6 Warranty for defects
(1) Upon delivery, the customer must immediately inspect the products for damage and obvious defects and immediately notify IKONUM of these, insofar as this is possible and reasonable for him. If it is not possible for the customer to immediately inspect the goods and notify us of defects, the customer must do so as soon as the respective obstacle to notification has been removed. If the customer does not comply with this, the service shall be deemed to have been provided in accordance with the contract.
(2) The customer is advised that in the event of a subsequent delivery, he must surrender the defective products to IKONUM, unless otherwise agreed.
(3) The customer is informed that the warranty for defects is excluded if he processes or remodels the delivered products. This exclusion shall only apply if the customary use of the product by the customer does not require processing or transformation.
(4) No additional warranty is provided.
§ 7 Liability
(1) The customer is informed that there may be deviations, in particular in color, material thickness and processing, regardless of whether the ordered products are handmade or machine-made. Liability for such deviations is excluded, provided that it is reasonable for the customer.
(2) If IKONUM is unable to meet an expected delivery date due to force majeure, strike, riot or disruption of operations or closure of operations through no fault of its own, no claims for damages will arise.
(3) Insofar as damage to the Customer is caused by slight negligence, IKONUM’s liability is limited: In this respect, liability exists only in the case of breach of essential contractual obligations and is limited to the amount of typical damages foreseeable at the time of conclusion of the contract. Material contractual obligations are obligations the fulfillment of which is essential for the proper performance of the contract and on the fulfillment of which the contractual partner regularly relies and may rely.
(4) In the event of demonstrable damage caused by delay, IKONUM is liable for a maximum of 5% of the purchase price (upper limit), provided that the damage caused by delay was caused by slight negligence on the part of IKONUM. If the customer has suffered a lower damage caused by delay, he can only claim this against IKONUM.
(5) The limitation of liability is excluded if IKONUM fraudulently conceals a defect, if it is a matter of injury to life, body or health, insofar as this injury was caused intentionally or by gross negligence, as well as in the case of liability under the Product Liability Act.
(6) If the customer is in default of acceptance, IKONUM is liable in case of deterioration or loss of the ordered products only for gross negligence and fault.
(7) IKONUM is not liable for impossibility occurring by chance during the delay, unless the damage would also have occurred in case of timely performance.
§ 8 Early termination
(1) Cancellation of the order free of charge is possible until receipt of the purchase contract confirmation.
§ 9 Place of performance
The place of performance is the premises of IKONUM
§ 10 Final Provisions; Severability Clause
(1) The law of the Federal Republic of Germany shall apply to contractual and other business relations. The application of UN sales law (so-called “CISG”, which stands for “United Nations Convention on Contracts for the International Sale of Goods”) is excluded.
(2) Should individual provisions of the General Terms and Conditions or individual agreements of the contract be invalid, the validity of the remaining provisions shall not be affected. The invalid provisions shall be replaced by the statutory provisions.
(3) If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship shall be Dresden. The same shall apply if the contractual partner does not have a general place of jurisdiction in Germany or an EU member state or if no place of residence or habitual abode is known.