Terms of service
1 Scope of application
Our online shop is aimed exclusively at end consumers. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his or her commercial nor to his or her independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.
(1) These General Terms and Conditions (hereinafter GTCs) apply to all contracts relating to goods presented in our online shop at https://shop.ingo-maurer.com concluded between:
Ingo Maurer GmbH, Kaiserstrasse 47, 80801 Munich
Managing Director: Carlo Urbinati, Filippo Urbinati, Michele Facco, Torsten Reh
VAT ID no. DE 129325505
HRB Munich 46481
and the customer, irrespective of whether the order is placed by an individual consumer, a business, or a merchant.
(2) All the agreements reached in connection with the purchase contract arise in particular from these GTCs, our written order confirmation, and our declaration of acceptance.
(3) The version of the GTCs valid at the time a contract is concluded will apply.
(4) General terms and conditions of customers that deviate from these shall not be accepted. This also applies where we do not expressly object to their inclusion.
2 Conclusion of contract
(1) The presentation of goods in our online shop does not represent a binding offer for conclusion of a contract, but rather an invitation to order the products described in the online shop.
(2) By placing an order in our online shop, you submit a legally binding offer. You shall be bound by your offer for a period of two (2) weeks after it is submitted. The date of receipt of the order by us, or of our acceptance of your order placed over the telephone, shall be definitive. This does not affect your right to cancel your order, which may exist pursuant to section 3.
(3) When you place an order in our online shop or over the telephone, you will receive confirmation of receipt in text form immediately. This confirmation does not represent a binding acceptance of your offer to conclude a purchase contract.
(4) A binding purchase contract shall only be established once your offer is accepted by means of an express declaration of acceptance or upon delivery of the goods ordered.
(5) Deliveries to foreign countries can only be made in member states of the EU. Where the delivery address is outside of the EU, we cannot provide any declaration of acceptance for conclusion of the contract and no contract is concluded.
(6) In the event that the ordered goods cannot be supplied either temporarily or permanently, for example because the specific item is not in stock, no declaration of acceptance will be issued. In this case, no contract will be concluded. The confirmation of receipt of your offer does not constitute a declaration that the goods are available.
3 Right of cancellation
(1) If you are a consumer (i.e., a natural person who places the order for a purpose that cannot be ascribed to your commercial or independent professional activity), then you have a right of cancellation to the extent permitted by statutory provisions.
(2) If you, as a consumer, choose to exercise your right of cancellation pursuant to clause (1), then you will have to bear the regular costs of return shipment.
(3) In all other respects, the right of cancellation is subject to the regulations that are outlined in detail in the following.
Right of cancellation
You have a right to cancel this contract within fourteen (14) days without giving any reason.
The cancellation period is fourteen days from the day on which you, or a third party named by you who is not the carrier, takes possession of the goods.
In order to exercise your right of cancellation, you must inform us (Ingo Maurer GmbH, Kaiserstrasse 47, 80801 Munich, e-mail address: webshop(at)ingo-maurer.com) of your decision to cancel this contract in a clear declaration (e.g., a letter in the mail, a fax, or an e-mail). To do so, you can use the attached sample cancellation form, although this is not mandatory. You can also complete the sample cancellation form or another clear declaration on our website https://shop.ingo-maurer.com/de/widerrufsbelehrungelektronisch. If you make use of this option, then we will send confirmation of receipt of such cancellation immediately (e.g., by e-mail).
To comply with the cancellation period, it is sufficient to send notification of your exercising the right of cancellation before expiration of the cancellation period.
Consequences of cancellation
If you choose to cancel this contract, we shall be obliged to refund all payments we have received from you, including delivery costs (with the exception of additional costs arising because you selected a different kind of delivery from the standard cheapest delivery we offered) immediately and no later than fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction unless another means has been expressly agreed with you; in no case will you be charged for this repayment. We may refuse the refund until we have received the returned goods or until you provide us with proof that you have returned the goods, whichever occurs first.
You must return the goods immediately and, in any case, no later than fourteen days from the day on which you send notification of the cancellation of the contract to Ingo Maurer GmbH, Brunhamstrasse 21, Building 217 West, 81249 Munich, Germany. The deadline is met if you send the goods before the fourteen-day period expires.
You must pay the direct costs of returning the goods.
You shall only pay for any loss of value in the goods if such loss of value is due to handling that was not necessary for checking the quality, features and functionality of the goods.
- End of the cancellation policy -
(4) The right of cancellation does not exist for distance contracts:
(a) for the delivery of goods that were produced according to customer specifications, or which are clearly tailored to personal needs, or which are not suitable for return due to their nature, or which can spoil quickly, or whose expiration date would be exceeded;
(b) for the delivery of audio and video recordings, or of software where you have removed the seal from the supplied data carriers.
4 Terms of delivery and condition of advance payment
(1) We are entitled to make partial deliveries where this is reasonable for you or where you have expressly requested it.
(2) The delivery period is approx. six (6) working days unless otherwise agreed.
(3) Delivery will only take place following receipt of the purchase price plus shipping costs (condition of advance payment). The delivery period pursuant to section 2 begins with payment of the purchase price plus shipping costs.
5 Prices and shipping costs
(1) All price quotations in our catalogue/online shop are shown as net prices and gross prices including German statutory VAT and are exclusive of any costs incurred. Where delivery is to another EU country, the actual amount of VAT to be paid in the respective case will be shown in the order process for payment.
(2) The shipping costs per order are generally € 5.90 where the order value does not exceed € 50.00. Where the order value is € 50.00 or more, shipping is free. As an exception to sentences 1 and 2, for orders requiring shipment of bulky goods the corresponding shipping costs will be charged in any case in the amount actually incurred, irrespective of the order value. For further information on this, please call: +49 (0)89 3816060 or send an e-mail to webshop(at)ingo-maurer.com.
(3) In the event of fulfilment of the order by means of partial deliveries, pursuant to section 4(1), shipping costs will be charged for the first partial delivery only. Where the partial deliveries are at the request of the customer, shipping costs will be charged for each partial delivery.
(4) In the event of effective cancellation of the contractual declaration pursuant to section 3 of these GTCs, the right exists under the statutory conditions to demand reimbursement of costs already paid for shipping (see section 5(2), and for other consequences of cancellation see section 3(3)).
6 Terms of payment and offsetting
(1) The purchase price and the shipping costs in our online shop shall be paid via immediate bank transfer to the account indicated in our online shop, either by Giropay or by credit card, or via the payment service provider PayPal. You also have the option of ordering by way of prepayment. In such cases, you will receive an invoice for payment following your order as soon as we have accepted your offer.
(2) There is no right to offset against our claims unless your counterclaims are legally established or undisputed. An entitlement to offset against our claims shall further exist if the complaints of defects or counterclaims from the same purchase contract are asserted.
(3) As purchaser, you may only exercise a right of retention if your counterclaim relates to the same purchase contract.
(4) The cession of claims against Ingo Maurer GmbH arising from this contract shall only be effective with the latter’s consent.
7 Retention of title
The supplied goods remain our property until full payment of the purchase price.
(1) We shall be liable for material defects or defects of title of delivered goods in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins with delivery of the goods.
(2) Any seller’s warranty we provide for specific goods shall be in addition to the claims for material defects or defects of title pursuant to clause (1). Details of the scope of such warranties are set out in the warranty conditions that may be enclosed with items.
(1) We exclude any liability for damages unless a guarantee has been given for the specific quality or a defect has been fraudulently concealed. The exclusion of liability shall not apply to claims for damages of any kind if we as the seller, our legal representative or agents acting on its behalf have neglected our/their obligations with gross negligence or intent, or to claims for damages in the event of injury to life, limb or health, or in the event of a violation of essential contractual obligations if such obligations have been violated negligently; in these circumstances liability shall be limited to typical contractual and foreseeable damages.
(2) Claims for defects and damage compensation claims directly connected to a defect shall become statute-barred within two years.
We hold copyrights to all images, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express agreement.
11 Data protection information
12 Severability clause
Should individual provisions of these GTCs be or become null and void, the remaining provisions of the GTCs shall remain effective.
13 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in the first sentence of this clause.
(2) If you are a merchant and your registered office is in Germany at the time the order is placed, the exclusive place of jurisdiction is the registered office of the seller, i.e. Munich. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.