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innerwise Shop GmbH
Tempelberger Weg 41
D-15374 Müncheberg
USt.-ID: DE323 75 8480
HRB 17460 FF Amtsgericht Frankfurt / Oder
Managing Director, Authorized Representative: Uwe Albrecht
– hereinafter “Supplier” –
Online dispute resolution under art. 14. 1 of the EU ODR ordinance and section 36 of the German Consumer’s Dispute Settlement Act:
The European Committee has created a platform for online dispute resolution (ODR) which you can find at https://webgate.ec.europa.eu/odr/. We are neither obligated nor willing to participate in an online dispute procedure before a consumer advocacy authority. Our email address is: .
(1) The services of the Supplier for the online shop found at https://innerwise.com/de/shop are rendered exclusively on the basis of the following General Terms and Conditions in the version that applies at the time the order is placed.
(2) These General Terms and Conditions apply exclusively. And alternative terms and conditions imposed by the customer in addition to our General Terms and Conditions shall not apply unless we explicitly agree otherwise.
(1) Our online product assortment constitutes a non-binding offer for our customers to order merchandise. By submitting an order on our website, the customer submits a binding offer for conclusion of contract.
(2) The customer will immediately receive confirmation of the order once their order has been submitted; this does not yet imply that the contract has been accepted. We can accept your order by sending a contract confirmation by email within two days.
(1) The prices that apply are those that are listed on our website at the time the order is placed. All prices include value-added tax (VAT); the listed shipping costs also apply.
(2) The purchase price can be paid by bank transfer/prepayment, by invoice included with the delivery or using the financial service PayPal.
(3) If the customer is in default of payment, we are entitled to apply interest on arrears in an amount that is five percentage points higher than the basic interest rate established by the European Central Bank. In the event that we claim further compensation for damages arising from the default of payment, the customer must furnish proof that the damages claimed either were not incurred at all or at least were incurred to a significantly lower amount.
We reserve property rights to the delivered merchandise until the purchase price has been paid in full.
(1) Shipment takes place within five days from our receiving the order, or, in the case of payment by bank transfer/prepayment, five days from receipt of payment. In case of non-standard delivery times, we will indicate this on the product description page of the product in question. The beginning of the specified delivery time is subject to the customer’s timely and proper fulfillment of their contractual obligations; particularly, provision of a correct delivery address when placing the order.
(2) In case the Supplier is unable to deliver the ordered merchandise at no fault of their own, due to the Supplier’s carrier being unable to fulfill their contractual obligations, the customer will be immediately informed that the ordered merchandise is not available. Any payments already made by the customer shall then be immediately refunded. This has no further implications for the legal rights of the customer.
(3) Business customers fully assume the risk of deterioration or destruction of the merchandise from the moment the merchandise is handed over to the transport company. If the transfer or shipment is delayed for reasons caused by the customer, the risk is transferred to the customer starting on the day that the customer is informed that the merchandise is ready for shipment.
(1) If the customer is delayed in accepting the product or culpably violates any other obligations to cooperate, we are entitled to demand compensation for any costs incurred as a result, including the costs of additional services. This has no further implications for our additional rights.
(2) The purchase price shall be subject to interest in the event of default of payment. The interest in arrears amounts to five percentage points above the basic interest rate. In the case of legal transactions between businesses, the interest rate is eight percentage points about the basic interest rate.
(3) The burden of proof shall lie with the customer to demonstrate that the damages claimed either were not incurred at all or at least were incurred to a significantly lower amount. The risk of any accidental destruction of deterioration of the purchased item shall be assumed by the customer from the moment at which they become in arrears of acceptance or payment.
(1) In the case of any fault in the product, the customer has the choice of rectification through returning the item for repair or receiving a replacement. However, we are entitled to deny the customer’s choice if it would result in unreasonably costs and the other form of rectification would not result in any considerable disadvantage for the customer.
(2) If the rectification is unsuccessful or if we have denied rectification altogether, the customer can either demand a reduction in the purchase price (rebate) or withdraw from the contract. This has no further implications for the customer’s right to claim compensation for any damages.
(3) If the customer is an enterprise (business customer) as defined by section 14 of the German Civil Code, then warranty claims may be filed as agreed below: The business customer must immediately (no later than 14 calendar days) inform the Supplier in writing of any apparent faults; unapparent faults must also be reported immediately to the Supplier within no later than 14 calendar days of being discovered. If the business customer fails to comply with these reporting time limits, then they forfeit their right to a warranty claim on the grounds that they have not promptly reported the fault. This does not apply, however, if the Supplier has maliciously sought to conceal the fault and/or has assumed a guarantee. Warranty claims expire (except in the case of claims to compensation for damages) within one year of the delivery of the purchased item to the business customer.
You will be responsible for paying the direct shipping costs of returning the merchandise.
(1) In the case of violation of contractual obligations on the grounds of petty negligence, the Supplier’s liability and that of the Supplier’s vicarious agents shall be limited to the immediate average damages that are foreseeable and typical for the type of merchandise. In the event of violation of non-essential contractual obligations on the grounds of petty negligence (in which case, the execution of the contract is not impeded), neither we nor our vicarious agents assume any liability.
(2) The aforementioned limitations of liability do not apply to claims related to product liability or warranties or claims related to bodily harm or loss of life.
We handle your personal data with strict confidentiality and in accordance with the provisions of applicable data protection law. We never transfer your data to third parties without your explicit consent or unless necessary for fulfillment of the contract (for example, to deliver the merchandise through out trusted shipping partner).
(1) This contract is subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention as long as this choice of law does not deprive the consumer of any mandatory consumer protection rights.
(2) If the contracting parties are business people, the jurisdiction for any legal disputes requiring an exclusive jurisdiction shall be the District Court of Schöneiche, Germany. This shall also apply when the customer has no residency within the European Union.
Should any provision of these Terms and Conditions be or become invalid then this shall have no further implications for the validity of the remaining provisions of these Terms and Conditions
Last Updated: January 2018