Business Terms & Customer Information under Distance Selling Laws

I. General Terms and Conditions of Business

Sec. 1
General Information - Scope of Application

The company iSC GmbH ("iSC") undertakes, on the basis of the General Terms and Conditions set out below, to sell spare parts, accessories and other items. Such services are done exclusively on the basis of the General Terms and Conditions set out below. iSC does not accept any opposing conditions or conditions deviating from our terms and conditions of delivery, repair and payment, unless iSC has expressly agreed to their applicability in writing. These General Terms and Conditions of iSC shall apply also if iSC renders the services to the Customer without reservation; in full awareness of the existence of opposing or deviating conditions of Customer.

Sec. 2
Conclusion of the Contract

1. The product presentations in iSC’s web shop do not constitute a binding offer, but are made to submit a binding offer for purchase by Customer.

2. Customer may submit their offer by sending the online order form integrated in iSC’s Online Shop.

3. During the order process, Customer may view, at any time, the contents of the shopping basket. Customer may remove goods, at any time, from the shopping basket. The usual browser, mouse and keyboard functions and commands are available to Customer for correcting any entry errors.

4. Before Customer sends the online order form, they are once again requested to check their information, to accept these General Terms and Conditions and to correct any input errors. Customers submit a binding offer to buy the selected product when they send the online form, online, by clicking on the "Place Order" button.

5. After receipt of the offer, iSC will immediately send a confirmation by email to the Customer stating that the offer has arrived. This confirmation of receipt does not yet constitute an acceptance of the offer. The confirmation of receipt does, once again, comprise these General Terms and Conditions, Customer’s order data and the instructions on withdrawal for consumers.

6. iSC may accept Customer’s purchase order by sending a separate order confirmation by email or by delivering the goods within five working days.

7. If iSC’s order confirmation contains typos or printing errors or if iSC’s price determination is subject to transmission errors for technical reasons, iSC shall be entitled to contest the order, where iSC must prove the mistake to the Customer. Any payments which have already been made will immediately be reimbursed to Customer.

8. Customer shall ensure that the email address specified by them for handling the purchase order is valid and that any emails sent by iSC to this address can be received. If SPAM filters are used, Customer shall ensure that all emails sent by iSC or by third parties engaged by iSC for handling the order can be received.

Sec. 3
Instruction on Withdrawals

If the customer is a consumer, he has the right of withdrawal in accordance with this paragraph. Consumer is defined in this general business terms as every natural person that bring off an act in the law to particular purposes. Those purposes are mostly no part of an industrial or freelance occupational activity (§13 BGB).

1. Right of Withdrawal

You have the right to withdraw from the contract within fourteen days without stating reasons.

The period for making the withdrawal shall be fourteen days from the day on which you or a third party appointed by you who is not the transporter have taken possession of the last goods.

To exercise your right of withdrawal, you need to inform us,

(if you are a non British customer)

iSC GmbH
Eschenstraße 6
94405 Landau/Isar
Germany
Telephone: +49 [0] 9951 959 2019
Fax: +49 [0] 9951 959 1700
Email: info@isc-gmbh.info

(if you are a British customer)

iSC GmbH
DE90000696
Greenford
UB18 7DE
Telephone: 0044 2034991743
Email: info@isc-gmbh.info

about your decision to withdraw from this contract by sending an unequivocal statement (e.g. a letter sent by post or by email). For that purpose, you may use the sample withdrawal form attached, that is, however, not a requirement.

You may also electronically complete and transmit the sample Withdrawal Form or any other unequivocal statement on our website under www.einhell-service.com. If you use this option, we will immediately send you a confirmation about the receipt of such withdrawal (e.g. by email).

You can download the sample withdrawal form.

In order to comply with the withdrawal period, it suffices if you send the notification on the exercise of the right of withdrawal before the expiry of the withdrawal period.

2. Consequences of the Withdrawal

If you withdraw from this contract, we must reimburse to you all payments we have received from you, excluding the shipping costs, immediately and within fourteen days from the day on which we have received the notification of your withdrawal from this contract, at the latest. We will use the same means of payment which you used in the original transaction, unless expressly otherwise agreed with you; we will, in no case, charge any fees to you on account of such repayment. We may withhold the repayment until we have received the goods back or until you have submitted evidence that you have returned the goods, whatever occurs first.

You shall immediately return or hand over the goods to us, however within fourteen days from the day on which you notified us about the withdrawal from the contract. That period shall be deemed to be fulfilled, if you send the goods before the expiry of a period of fourteen days. You shall bear the direct costs arising from the return of the goods.

You must only pay for any loss in value of the goods, if such loss in value was caused by any use of the goods by you which was unnecessary for checking the quality, properties and functioning of the goods.

Sec. 4
Costs for Return Shipment and Duty to Reimburse the Value after Exercise of the Right of Withdrawal

1. If the Customer is entitled to a right of withdrawal, they shall bear the direct costs arising from the return of the goods.

2. Customer must only pay for any loss in value of the goods, if such loss was caused by any use of the goods which was unnecessary for checking the quality, properties and functioning of the goods.

Sec. 5
Prices - Payment Terms

1. The prices as applicable at the time when the purchase order is made shall apply. Prices are quoted from iSC’s company premises in Landau/Isar, including packaging for the sale of the goods, plus postage and packaging (fright) and the legal VAT as applicable at that time. The in-payment charge applicable in case of cash on delivery shall be borne by the person making the purchase order.

2. Payment shall be made, at Customer’s choice according to the means of payment offered in the Shop and will be due immediately, unless otherwise agreed.

3. Default shall occur at least within 30 days after the invoice was received and has fallen due for payment.

4. Any agreed cash discount will not be granted if the customer falls behind with the payment of the purchase price or compensation under any previous contracts.

5. Customer shall only be entitled to rights of set-off, if their counter-claims have been found to be legally effective, if such are undisputed or were recognized by us. In addition, Customer is entitled to exercise a right of retention insofar as their counter-claim is based on the same contractual relationship.

6. iSC shall be entitled to reject the owed services if Customer failed to make the payment – even in relation to other contracts, if an on-going business relationship exists.

Sec. 6
Delivery

1. The ordered parts will be sent after a maximum of seven work days after receipt of the purchase order (For Great Britain it can also take until ten work days). If any ordered part cannot be delivered, in exceptional cases, iSC will inform the person making the purchase order about the estimated availability.

2. Precondition for the compliance with the delivery obligation is also that Customer properly fulfils their obligations in due time. The objection of non-fulfilled contract remains reserved, unless that impairs the rights of Customer.

3. If Customer is in default of acceptance or if he culpably infringes any other duties to cooperate, iSC shall be entitled to request the reimbursement of any damage incurred by iSC on account of that, including any extra expenses which arise. iSC shall, in particular, be entitled to charge a storage fee in the amount of 0.5 % of the price of the delivery items for each month that has started, however a maximum of 5 % if the hand-over of the goods is delayed by more than one month after the notification about the readiness for shipment on account of a fault of Customer. The contract parties shall have the right to evidence that higher or lower storage costs have arisen. Any further claims shall remain reserved. The risk of any accidental loss or of an accidental impairment of the purchased object shall be transferred to the Customer at the time when they have defaulted on acceptance or payment.

4. The replacement parts ordered will be delivered in their original design according to the state of the art prevailing at the relevant time. Minor changes which do not impair the intended use remain reserved.

Sec. 7
Liability

1. iSC shall be liable for every legal reason without limitation in case of the injury of life, body or health, in case of intent or gross negligence, in case of fraud and promises of guarantee and if the liability applies according to compulsory legal provisions, such as the Product Liability Act.

2. Otherwise, iSC is liable regardless of the legal reason as follows:

2.1 If iSC has negligently infringed a material contractual duty (so-called cardinal duty), the duty to make a reimbursement for property damage shall be limited to the foreseeable average damage which typically arises. Material contractual duties means obligations imposed on iSC by the contract based on its content for the attainment of the purpose of the contract, the fulfilment of which enables the proper performance of the contract and on the compliance of which Customer may regularly rely.

2.2 If iSC has negligently infringed an inessential contract duty, the duty to compensate shall be limited to the order value.

Sec. 8
Liability for Defects - Warranty

1. If a defect exists in the object of purchase, the legal provisions shall apply when nothing else regulated otherwise below.

2. If the customer is an entrepreneur, a minor defect justified in principle no defects claim; iSC has the choice of the kind of rectification; the period of prescription for defects of new goods amounts to one year since passing of risk; the rights and requirements are basically barred by used goods; the limitation doesn’t start once again if a replacement delivery occurs as part of a liability for defects.
The previous limitations of liabilities and periods of prescription don’t apply to recourses of damage and expenditures that the costumer is able to enforce defects in accordance mentioned in section 5 of these terms and conditions.

3. If the customer is an entrepreneur, so following shall apply that the statutory periods of prescription for the right of recourse according to § 478 BGB remain unaffected. The same applies to willful misconduct and fraudulent concealment of defects.

4. If the customer is a merchant in terms of § 1 HGB, the commercial duty of investigation and reprehension hits him according to § 377 HGB. If the customer doesn’t meet these regulated duties, the goods are deemed to be approved.

Sec. 9
Retention of Title

1. iSC reserves the title in the goods delivered until the complete payment of the purchase price.

2. Before the transfer of ownership, any sale, pledging, assignment as security, processing or redesign shall be prohibited, unless iSC has given its prior consent.

Sec. 10
Language of the Contract, Applicable Law and Place of Jurisdiction

1. The contract language shall be English.

2. The purchase agreement existing between iSC and the Customer shall be subject to the laws of the Federal Republic of Germany, subject to mandatory provisions under international private laws, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Sec. 11
Final Provisions

If any of the provisions of these General Terms and Conditions is ineffective, the remaining contract shall remain in full force and effect. The compulsory legal provisions shall apply instead of the ineffective provision.

II. Customer Information under Distance Selling Laws

1. Information on Seller's identity

iSC GmbH
represented by the managing directors Mr. Dr. Christoph Urban and Mr. Franz Kollmannsberger
Eschenstraße 6
94405 Landau/Isar
Germany
Telephone: +49 [0] 9951 959 3019
Fax +49 [0] 9951 959 1720
Email: info@isc-gmbh.info
www.isc-gmbh.info

Commercial Register: Amtsgericht [Local Court of] Landshut, Germany, Commercial Register number HR B 4024

VAT Identification Number: DE811925475

2. Information on essential characteristics of the goods

The essential characteristics are set out in the relevant product description as provided by iSC.

3. Information on the entry into force of the contract

The Contract between iSC and the Customer will enter into force according to Sec. 2 of the General Terms and Conditions of iSC as set out above.

4. Information on Payment and delivery

Payment is made pursuant to Sec. 5 of iSC’s General Terms and Conditions as set out above. Delivery is made pursuant to Sec. 6 of iSC’s General Terms and Conditions as set out above.

5. Information on the technical steps leading to the conclusion of the contract

The contract will be concluded by an offer being submitted by Customer and its acceptance by iSC.

5.1 The information given on the user interface and the buttons lead Customer through the individual technical steps until they send the online order form. Customer may use the common key commands and mouse commands to jump ahead and back and to remove entry fields.

5.2 iSC accepts the contract pursuant to Sec. 2 of iSC’s General Terms and Conditions as set out above.

6. Storing and accessibility of the text of the contract

iSC stores the contract on the internal systems. Customers who have a personal customer account are able to use it to inspect all purchase orders that they have made since they have opened their account. In all other cases, order data are, after the completion of the purchase order, no longer available over the Internet for security reasons.

7. Information on the technical means to recognize and correct entry errors before making the contract statement

Customer may use the common key and mouse commands to correct their entries, at all times, before they bindingly send the purchase order. In addition, all entries will be displayed again in a confirmation window before the purchase order is sent in a binding manner, where Customer may use the common key commands and mouse commands to correct them.

8. Information on the languages available for concluding the contract

The German and English language is available for concluding the contract.

9. Information on Codes of Conducts to which iSC subscribes

iSC has not subjected itself to any type of Code of Conduct.

iSC GmbH
Landau/Isar, 01 January 2019