2. Offers and specification of services
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, product availability
6. Payment methods
7. Retention of title
8. Warranty for defects in materials and guarantee
10. Record of the contract
11. Data protection
12. Jurisdiction, governing law, language of the contract
1.1. In the business relations between IMAmedia OHG, Kamp 30-32, 33098 Paderborn, Germany (hereinafter referred to as the Seller) and the customer (hereinafter referred to as the Customer), only the following terms and conditions shall apply in the version valid at the time the order is placed.
1.2. If you have any questions or complaints, our customer service department can be contacted on weekdays between 8:00 and 17:00 on tel. +49 (0)5251 2 97 98 91 or by email at shop@IMAscore.com.
1.3. A consumer is any natural person who enters into a legal transaction for a purpose that is outside his trade, business or self-employed profession [§ 13 BGB(German Civil Code)].
1.4. Alternative terms of business from the customer are not recognised unless the Seller expressly accepts their validity.
2.1. The products presented in the online shop do not constitute a legally binding offer, but an invitation to place an order. Specification of services in catalogues or on the Seller’s websites do not constitute a warranty or guarantee.
2.2. All offers shall apply while stocks last, unless otherwise stated for products. Furthermore errors are excepted.
3.1. The Customer may select items from the Seller’s range of products without obligation and click on “add to shopping basket” to add these to the “shopping basket”. From the shopping basket, the Customer may then click on “Proceed to checkout” to complete the ordering process.
3.2. The Customer clicks “Buy” to make a legally binding offer to buy the goods in the shopping basket. The Customer may view and change information at any time before the order is sent. Compulsory information is marked with an asterisk (*).
3.3. The Seller shall then send the Customer an automatic email confirming receipt of the order in which details of the Customer’s order will be listed again and which the Customer may print out by clicking on “Print” (acknowledgement of order). The automatic confirmation of receipt of the order only records the arrival of the order at the Seller and does not constitute the acceptance of the offer. The sales contract shall not be concluded until the Seller dispatches or delivers the product ordered to the Customer within 2 days or has confirmed its dispatch to the Customer within 2 days by either a second email, an express confirmation of the order or by sending the invoice.
3.4. If the Seller is offering advance payment, the contract shall be concluded when the bank details are provided and payment requested. If, despite being due, the payment has not reached the Seller even after a second request by 10 calendar days from the date the confirmation of order was sent, the Seller shall terminate the contract with the effect that the order is void and the Seller shall have no obligation to deliver the products. This ends the order for both the purchaser and the Seller with no further consequences. It follows that, in cases of advance payment, items shall be reserved for a maximum of 10 calendar days.
4.1. All prices quoted on the Seller’s website include the VAT applicable at the time.
4.2. In addition to the prices quoted, the Seller shall make a charge for shipping costs. The purchaser shall be kept clearly informed of the shipping costs on a separate information page and in the course of the order process.
5.1. If advance payment has been agreed, delivery shall be made after the sum invoiced has been received.
5.2. In the event that not all the products ordered are in stock, the Seller shall be entitled to make partial deliveries at his own cost, where this is reasonable for the Customer.
5.3. In the event that, through the fault of the purchaser, the goods cannot be delivered after three attempts, the Seller may withdraw from the contract. In this case, any payments made shall be returned to the Customer without undue delay.
5.4. If the item ordered is not available, because the Seller, through no fault of his own, has not been supplied with this product by his supplier, the Seller can withdraw from the contract. In this case, the Seller shall inform the Customer without delay and, where appropriate, suggest delivery of a comparable product. If no comparable product is available, or if the Customer does not wish to accept a comparable product, the Seller shall refund any payments already made in this respect without undue delay.
5.5. Customers shall be informed of delivery times and restrictions on deliveries (e.g. restricted deliveries to certain countries) on a separate information page or within the relevant product description.
6.1. When ordering, the Customer may choose from the methods of payment offered before finishing the ordering process. Information about the different payment methods available is given to Customers on a separate information page.
6.2. When payment on receipt of invoice is allowed, the payment must be made within 30 days of the goods and invoice being received. For all other methods of payment, the payment must be made in advance without any deductions.
6.3. Where the processing of payments is delegated to third parties e.g. Paypal their general terms and conditions shall apply.
6.4. In the event that payment is due on a certain date, the Customer shall be in default as soon as this date has been missed. In this case, the Customer must pay the default interest required by law.
6.5. The Customer’s obligation to pay default interest does not preclude the Seller from making a claim for further damages caused by the default.
6.6. The Customer shall only have a right to offsetting, if his counter claims have been established in law or recognised by the Seller. The Customer may only exercise a right of retention in if the claims result from the same contractual relationship.
7. Retention of title
The goods delivered shall remain the property of the Seller until payment is made in full.
8. Warranty for defects in materials and guarantee
8.1. The warranty is in accordance with statutory requirements.
8.1. A guarantee only exists for the items supplied by the Seller, when it is expressly given. Information about the terms of the guarantee are given to Customers before the order process is commenced.
9.1. With respect to the Seller’s liability for damages, the following limitations and exclusions for liability shall apply without prejudice to any other requirements for bringing claims under statutory law.
9.2. The Seller shall have unlimited liability if damage is caused by wilful misconduct or gross negligence.
9.3. Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, where such a breach endangers the execution of the subject matter of the contract, and for the negligent breach of obligations whose fulfilment is a prerequisite for the proper performance of the contract and compliance with which is regularly relied upon by the Customer. In this case, the Seller shall only be liable for foreseeable damage that is typical for such a form of contract. The Seller is not liable for the slightly negligent breach of obligations other than those referred to in the preceding sentences.
9.4. The above limitations on liability shall not apply in cases of loss of life or personal injury or damage to health for defects after a guarantee has been given for the condition of the product or for defects concealed with intent to deceive. Any liability under the German Product Liability Act remains unaffected.
9.5. To the extent the Seller’s liability is excluded or limited, the same shall apply to the personal liability of employees, representatives and agents.
10.1. The Customer may print out the contract before submitting the order to the Seller by using the print function of his browser during the final stage of the order process.
10.2. The Seller shall additionally send the Customer an acknowledgement of order complete with all the order details to the email address supplied by him. The Customer shall also receive with this a copy of the general terms and conditions together with a notification of cancellation rights and information on shipping costs and delivery and payment conditions. Once you have registered for our online shop, you may view the orders you have placed on your profile page. We also save the contract but do not make this available on the internet.
11.1. The Seller processes the Customer’s personal data for the intended purpose and in accordance with statutory requirements.
11.2. The personal data given for the purpose of ordering goods (such as name, email address, address, payment data) shall be used by the Seller for the completion and execution of the contract. This data shall be treated in confidence and shall not be passed to third parties who are not party to the ordering, delivery or payment process.
11.3. The Customer has the right to request and receive free of charge information about the personal data stored by the Seller about him. Furthermore he has the right to correct incorrect data, to block and delete his personal data, if there is no legal obligation to retain such data.
11.4. Further information concerning the type, extent, location and purpose of the Seller’s collection, processing and use of required personal data can be found in the Privacy Statement.
12.1. The jurisdiction and the place of fulfilment is the Seller’s principle place of business, if the Customer is a trader, legal person under public law or a special fund under public law.
12.2. The language of the contract is German.