Conclusion of the contract

All offers made by IMC GmbH are without obligation. The contract between the customer and IMC GmbH will be valid if the customer placed a complete order in the online shop and IMC GmbH confirms it with a pro forma invoice via e-mail or delivery of the goods. After placing the order, the customer receives an electronic order acknowledgement via e-mail or download. For further order processing the customer has to take care for reachability of the stated e-mail address. In case of changing it, the customer has to provide the new e-mail address to IMC GmbH. If an e-mail, addressed to the customer, cannot be transmitted or delivery of the goods is not possible due to a wrong address IMC GmbH assumes inaccuracy of the provided customers data.

 

Right of revocation

You may declare the revocation of your contractual statement in text form (e.g. letter, email) or by returning the merchandise within a period of 2 weeks. The revocation does not have to contain any grounds. The revocation period commences the day following the receipt of merchandise and this revocation instruction. The time-limit shall be deemed to be observed by the timely dispatch of the declaration of revocation or the return shipment.

The revocation is to be addressed to:
IMC GmbH
Nikolaus-Otto-Straße 16
D-22946 Trittau

e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

The right of revocation does not apply on contracts for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which, by reason of their quality, are not suitable for return or may spoil quickly or whose expiration date would be exceeded, or for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer, or for the delivery of newspapers, periodicals and magazines.

 

Consequences of revocation

In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned on our risk. You are obliged to bear the costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of forty euros or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. Things that cannot be shipped by parcel will be picked up. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation.

 

Delivery subject to the availability of goods

Are the ordered goods not available after conclusion of the contract or cannot be delivered due to legal or effectively reasons, IMC GmbH reserves the right to offer comperable goods in same quality and pricing.

 

Delivery

The goods will be delivered after conclusion of the contract and payment of the pro forma invoice. If the goods are not available the customer will be informed. All mentioned delivery dates reserved by IMC GmbH. The goods will be send to the delivery address given by the customer. If the customer is not a consumer the customer baires all risks of delivery as soon as the goods will be given over to the forwarder.

 

Reservation of proprietary rights

The goods remain until the complete payment property of IMC GmbH.

 

Payment and delivery costs

All prices in the online shop of IMC GmbH include the legal valid VAT. Payment has to be done immediately after receiption of the pro forma invoice. Payment can be done by bank transfer in advance or cash on delivery. Shipping costs within the Federal Republic of Germany are 11.90€ per order. For cash on delivery IMC GmbH charges a fee of 5.90€. These terms of delivery are only valid for delivery inside the Federal Republic of Germany.

 

Set off and right of retention

Setting off against counterclaims is only permitted, when the counterclaims are undisputed, acknowledged by IMC GmbH or have been legally determined. In addition to this, the customer is authorised to exercise a right of retention in so far as his counterclaim is based on the same contractual relationship.

 

Warranty

The warranty period for all merchandise is 24 months and begins at receipt of merchandise. The warranty of second hand goods is 12 months, excepting claim for damages, in particular for injury to body and health and cardinal's duties.

Minor, technically inevitable changes in quality, colour, dimensions, configuration, weight and design do not fundamentally entitle a notice of defects. Wear and tear as well as damage due to improper operation and above-avarage use are exluded from the warranty. Usual traces of usage on second hand goods do not constitute defects, which permit warranty claim.

Warranty exclusively refers to goods, selled by IMC GmbH to Europe.

 

Liability

IMC GmbH assumes liability for damage caused by slightly negligent behaviour of IMC GmbH and executing aide of IMC GmbH only in cases where such damage is attributable to a breach of a contractual duty which is so essential that the proper performance of the contract is only rendered possible by the fulfilment of such duty. Liability is restricted to the regular, typical foreseeable case of damage. Compulsory legal provisions regarding liability remain unaffected.

 

Protection of privacy

The user is hereby informed that according to the German Teleservices Data Protection Act (Teledienstedatenschutzgesetz, TDDSG), the German State Treaty on Media Services (Mediendienstestaatsvertrag, MDStV), the German Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) as well as other data protection regulations the personal data which is entered at the order process are exclusively machine-readably stored, processed and used for the purpose of execution of delivery and methods of payment.

Any personal data will be treated absolutely confidentially and will not be passed on to third parties. IMC GmbH shares some of your personally identifiable information (name, first name, address, phone number) with authorised service providers that perform certain functions or services on our behalf, to fulfil the order process. These service providers are parcel delivery companies and carriers. They are obliged to treat your data according to this privacy policy and the relevant data protection statutes.

 

Place of execution and jurisdiction, choice of law

Only German law applies.
Exclusive jurisdiction and legal venue for all disputes arising from this contract shall be Ahrensburg, if the customer is a merchant according to the commercial code.

 

Severability clause

Should individual or several terms of these general terms and conditions be or become invalid the validity of the contract as a whole shall remain unaffected.