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Terms & Conditions

Terms of Service
Terms and conditions with customer information
Table of Contents

    Scope
    Conclusion of contract
    Right of cancellation
    Prices and terms of payment
    Delivery and shipping conditions
    Retention of title
    Liability for defects (warranty)
    Applicable law
    Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Olaf Nimtz, acting on behalf of "io-shield.de" (subsequently referred to as "Seller"), apply to all contracts for the delivery of goods that any consumer or entrepreneur (subsequently referred to as "Customer" ) undergoes with the seller in regards to the goods presented in the online shop.  Herewith the client’s own conditions are contradicted, unless otherwise agreed upon.

1.2 Consumer in regards to these terms and conditions is any natural person who concludes a legal transaction for purposes that predominantly cannot be associated to either their commercial or their independent professional occupation. Entrepreneur in regards to these terms and conditions is a natural or legal person or a legal partnership that acts according to their commercial or independent professional activity during the execution of a legal transaction.

2) Conclusion of contract

2.1 The product information described in the seller's online shop does not represent a binding offer on part of the seller, but serves only to help make a binding offer by the customer.

2.2 The customer can submit orders via the integrated purchase form in the seller’s online shop. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking the button to conclude the ordering process, the customer automatically submits a legally binding contract proposal related to the goods contained in the shopping cart. Furthermore, the customer may also submit the offer via phone, fax or e-mail to the seller.

2.3 The seller can accept the customer’s offer within five days,

   - by sending the customer a written order confirmation (fax, e-mail or hard copy), in which case the delivered confirmation receipt to the customer is binding, or
    - by delivering the ordered goods to the customer, in which case the date of delivery is binding, or
    - by requesting payment after submission of the order.

If more than one of the above mentioned alternatives have occurred, the contract then becomes effective depending on which alternative occurred first. The deadline for accepting the offer begins the day after the client has submitted the offer and ends with the expiry of the fifth day, following the dispatch of the offer. If the seller does not accept the offer of the customer within the named period, this equals the rejection of the offer with consequence that the customer is no longer tied to his declaration of will.

2.4 If the payment method "PayPal Express" has been selected, payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under Pay Pals valid terms of use, available at https://www.paypal.com/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - under the terms of payments without a PayPal account, available at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full. If the customer selects the payment method "PayPal Express" in the online order process, he also issues a payment order to PayPal by clicking on the button that concludes the order process. In this case, the seller automatically declares the acceptance of the customer’s offer at the same time the customer triggers the conclusion of the payment process.

2.5 When submitting an offer via the seller’s online order form, the contract text will be stored by the seller and sent to the customer in writing (mail, fax or letter) as well as the current terms and conditions. Furthermore, the text of the contract will be archived on the seller's website and can viewed by the customer via his password-protected client account using the respective login details, provided a customer account has been created beforehand.
2.6 Prior to the final order submission via the seller's online form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical tool to recognize input errors is the zoom function with which the display on the screen can be enlarged. During the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until clicking the button that concludes the ordering process.

2.7 The contract is concluded in German and English.

2.8 Order processing and contact usually takes place via e-mail or automated order processing. The customer must ensure that the e-mail address he provides to complete the order process is correct, so that mails sent by the seller can be received. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal

3.1 Consumers are in generally entitled to a right of withdrawal.

3.2 Further information on the right to withdraw, arise out of the seller’s cancellation policy.

3.3 The right to withdraw does not apply to consumers who do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of contract conclusion.
4) Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are full prices that include statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional charges may be incurred in individual cases, for which the seller is not responsible and must be borne by the customer. These might include costs for money transfers by credit institutions (e.g. transfer fees, exchange rate charges) or import charges or taxes (e.g. taxes and tariffs). Such costs may occur in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option (s) will be communicated to the customer in the seller’s online shop.

4.4 If transfer prepayment has been agreed upon, the payment is due immediately after contract conclusion, unless the parties have agreed on a later due date.

4.5 Payments via a payment method offered by PayPal, will be processed directly by the payment service provider PayPal (Europe) S.à r.l. et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under PayPal’s Terms of Use which are available at https://www.paypal.com/webapps/mpp/ua / useragreement-full or - if the customer does not have a PayPal account - under the payment conditions without PayPal account, visible at https://www.paypal.com/en/webapps/mpp/ua/privacywax- full.


5) Delivery and shipping conditions

5.1 Goods will be delivered to the address specified by the customer, unless otherwise agreed. During settlement, the address specified by the seller is relevant. In deviation to this are payments via PayPal. In this case the delivery address will be the one registered by the customer in his PayPal account.

5.2 If the transport company sends the goods back to the seller, because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstance leading to the unsuccessful delivery or if he was temporarily prevented from accepting it, unless the seller has informed him a reasonable time in advance. Furthermore, this also does not apply, if the customer effectively exercises his right of withdrawal. In case the client effectively exercises his right to withdraw, the procedure for the return costs are described in the seller’s cancellation policy.

5.3 For logistic reasons, collection by the customer is not possible.

 

6) Retention of title

If the seller pays the costs advance, he reserves ownership of the delivered goods until full payment has been executed.

 

7) Liability for defects (warranty)

7.1 If the purchased item is unsatisfactory, legal warranties will be applied.

7.2 An exception to this is the limitation period for warranties concerning used goods – which amounts to one year from delivery date. Reduction of the limitation period is not valid

    for goods that have been used according to their original purpose and have been damaged in the process,
    for claims for damages or for reimbursement of expenses of the client
    in the event that the seller has fraudulently concealed the defect.

7.3 The customer is requested to make a complaint to the delivery agent in case of obvious transport damage to the delivered goods and to inform the seller. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
8) Applicable law

8.1 Laws of the Federal Republic of Germany are effective for all legal relationships between both parties. This excludes the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory legal regulations of the state in which the consumer has his habitual residence.

8.2 Furthermore, this choice of law regarding the statutory right of withdrawal, does not apply to consumers who do not belong to any Member State of the European Union and whose sole domicile and delivery address are outside the European Union at the time of contract conclusion.


9) Alternative settlement of disputes

9.1 Under the following Link, the EU Commission provides an online platform for the settlement of disputes: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for extrajudicial resolutions for disputes arising from online purchases or service contracts involving consumers.

9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer conciliation board.