Terms of service

Terms & Conditions & Consumer Information

General terms and conditions and consumer information

1. 1. Scope

Deliveries and services of Installoo International s.r.o. Varšavská 715/36, Vinohrady, 120 00 Praha 2, CZ (im Folgenden „installoo.de“) erfolgen auf Basis dieser Allgemeinen Geschäftsbedingungen.

1. These general terms and conditions also apply to companies, legal entities under public law or special funds under public law within the meaning of Section 310 (1) Sentence 1 of the German Civil Code (BGB).
2. The standard reference to the validity of the customer’s own terms and conditions is contradicted

2. 2. Conclusion of contract

1. Insofar as the customer orders goods via the website installoo.de, the provisions listed below under paragraphs 2 to 7 apply. If, on the other hand, the customer uses trading platforms such as eBay or Amazon to order goods from installoo.de, the provisions listed under paragraph 8 apply.
2. The presentation of the goods in the online shop does not represent a legally binding offer but an invitation to order. By ordering the desired goods via the Internet, telephone, or email, the customer submits a binding offer to conclude a purchase contract with Installoo.de. When ordering via the online shop, the customer submits a binding offer to conclude a purchase contract for the relevant product as soon as they have entered all required information and clicked the “Buy Now” button in the final step.
3. Installoo.de will immediately send a confirmation of the content of the offer upon receipt, which does not yet constitute acceptance. Installoo.de is entitled to accept the customer’s offer within 5 calendar days by sending an order confirmation to the customer. The contract is concluded upon receipt of the order confirmation. The order confirmation is transmitted by email. If Installoo.de does not know an email address of the customer where emails can be delivered, the order confirmation will be sent along with the goods. If Installoo.de does not accept the customer’s offer within 5 days, the offer is considered rejected. No purchase contract is concluded for products not listed in the order confirmation.
4. However, a binding contract may also be concluded earlier if the customer selects an immediate payment method and makes the payment when placing the order. In this case, the contract is concluded at the moment the customer initiates the payment and the respective payment service confirms the execution of the payment instruction.
5. If the customer orders a product in the online shop that is labeled “Pre-order Now,” a binding purchase contract between the customer and Installoo.de is concluded once Installoo.de accepts the customer’s offer according to the above provisions. In such cases, the customer has the right to cancel the contract free of charge by making a corresponding declaration to Installoo.de, provided the customer has not yet received any information about the shipment of the goods or the pre-ordered goods. Any existing statutory right of withdrawal for consumers remains unaffected.
6. If a customer orders goods in quantities exceeding normal commercial volumes, Installoo.de reserves the right not to accept such an offer and to refuse delivery.
7. The presentation of goods on trading platforms such as eBay or Amazon represents binding offers from Installoo.de. In the case of “Buy Now” offers, the contract is concluded at the moment the customer clicks the “Buy Now” button and confirms this selection on the following page. In the case of auction offers, the contract is concluded when the respective offer period expires with the highest bidder at that time.

3. 3. Prices, Payment Terms

1. Price information in the online shop as well as on trading platforms such as eBay.de or Amazon is in euros, including VAT, plus delivery and shipping costs (for products offered in the online shop, available at https://installoo.de/policies/shipping-policy, for offers on trading platforms such as eBay or Amazon, the shipping costs are indicated separately).
2. Invoices and, if necessary, reminders are sent exclusively by email to the customer.
3. Invoice amounts are due immediately and must be paid without any deduction.

4. 4. Delivery, Non-Delivery by Suppliers

1. Items advertised on installoo.de are usually provided with an availability notice that indicates the latest availability date. If an item is advertised without any special availability notice, it is considered immediately available. If an item is only marked “Pre-order Now” without a delivery time, it is not available for immediate delivery and can only be pre-ordered (see § 2 para. 5). Items offered on trading platforms such as eBay or Amazon are considered immediately available. Unless otherwise agreed, Installoo.de delivers within ten days from the latest indicated availability date after conclusion of the contract, and in the case of advance payment, within ten days from the latest availability date after receipt of payment. If an item is available within a maximum of 4 days, Installoo.de delivers the item within 14 days after contract conclusion, or within 14 days after payment receipt in the case of advance payment. If Installoo.de is in default of delivery and the customer sets a grace period, this period must be at least 2 weeks.
2. Partial deliveries are permitted insofar as they are reasonable for the customer.
3. Installoo.de is free, without explicit instructions from the buyer, to determine the shipping method, the company commissioned with the shipment, and the shipping route at its reasonable discretion. Delivery of goods not suitable for parcel shipment is made to the curbside.
4. If the customer is an entrepreneur, the risk of accidental loss or deterioration of the goods passes to the customer upon handover to the logistics partner.
5. If the goods are not available or temporarily unavailable despite the prior conclusion of a corresponding purchase agreement, Installoo.de will immediately inform the customer of this after the order and subsequently at regular intervals. Until Installoo.de receives delivery from the supplier, Installoo.de is released from the obligation to perform and may withdraw from the contract if the goods are not delivered. This does not apply if Installoo.de is responsible for the non-delivery by the supplier. If Installoo.de wishes to withdraw, it will exercise the right of withdrawal immediately. In the event of withdrawal, Installoo.de will promptly refund any payments already made for the purchase price. Claims for damages by the customer are excluded. This does not apply if Installoo.de is responsible for the supplier’s non-delivery.

5. 5. Transport Damage

If goods are delivered with obvious damage to the packaging or contents, the customer must notify Installoo.de of this by email within two weeks of receiving the goods, without prejudice to their warranty rights, so that Installoo.de can assert the transport damage against the contracted logistics company. If the customer is a merchant and the contract is part of their commercial business, § 377 HGB applies.

6. 6. Retention of Title

1. The delivered goods remain the property of Installoo.de until full payment of the purchase price. Before the transfer of ownership, pledging, transfer by way of security, processing, or alteration is not permitted without the express consent of Installoo.de.
2. For customers under § 1 paragraph 2, Installoo.de retains ownership of the delivered item until receipt of all payments from the business relationship with the customer. In this case, the retention of title also extends to the recognized balance if Installoo.de records claims against the customer in current accounts (current account reservation). The customer is entitled to resell the goods in the ordinary course of business. The customer hereby assigns all claims in the amount of the gross invoice amount to Installoo.de that arise from the resale against their customers or third parties. This applies regardless of whether the goods have been processed or not. The customer remains authorized to collect the claim even after the assignment. Installoo.de may, at its discretion, also collect the claim itself. Installoo.de will not collect the claim as long as the customer fulfills their payment obligations to Installoo.de and is not in default. In the event of default, the customer is obliged to provide all information required for collection and to assist Installoo.de in collecting the claim. Installoo.de is obliged to release existing securities at the customer’s request to the extent that their value exceeds the value of existing claims by more than 20%. The selection of securities to be released is at the discretion of Installoo.de.

7. 7. Warranty

1. For delivered goods, there is a statutory right of liability for defects. The warranty is governed by the statutory provisions as well as the following regulations.
2. If the customer acts as a consumer, the warranty period for used goods is one year from delivery of the item. This does not apply,
3. insofar as liability for damages resulting from injury to life, body or health is concerned and these are based on an intentional or negligent breach of duty by installoo.de or on an intentional or negligent breach of duty by one of its legal representatives or one of its vicarious agents.
4. insofar as liability for other damages is concerned and these are based on an intentional or grossly negligent breach of duty by the user or an intentional or grossly negligent breach of duty by its legal representative or vicarious agent.
5. If the customer acts as an entrepreneur, his claims based on defects in the goods expire one year after receipt of the goods; the statutory limitation period for recourse claims (§ 479 BGB) remains unaffected. In addition, the warranty for used goods is excluded.
6. The limitation periods mentioned in items 2 and 3 do not apply to claims for damages in cases of intent or fraudulent concealment of a defect or insofar as Installoo.de has assumed a guarantee for the quality of the delivery item. They also do not apply to claims for damages due to material defects in cases of injury to life, body or health, in claims under the Product Liability Act, in cases of grossly negligent breach of duty or in cases of culpable breach of essential contractual obligations. Essential contractual obligations are those contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely, and whose breach on the other hand jeopardizes the achievement of the purpose of the contract.
7. Damages caused by improper or non-contractual measures by the customer during installation, use, connection, operation or storage do not give rise to any claims against Installoo.de.
8. For the CE-tested stilts we offer a 3-year warranty. This only applies if these CE-tested stilts are inspected annually by us or a sales partner. If this inspection does not take place, the statutory provisions on warranty apply. In particular, for all defects in the purchased item occurring during the statutory or extended warranty period, the statutory claims for subsequent performance, for defect removal/replacement as well as – if the statutory requirements are met – the further claims for reduction or withdrawal as well as for damages, including compensation for damages instead of performance and reimbursement of your futile expenses, apply at your choice.
9. Rubber soles and calf straps are wear parts and excluded from warranty.

8. 8. Data Protection

1. In all processes of data processing (e.g. collection, processing and transmission), Installoo.de acts in accordance with the statutory provisions. The personal data transmitted by the customer is stored electronically at Installoo.de. Installoo.de is entitled to pass on the data required for contract processing to third parties involved in the execution of the contract.
2. The customer's orders are stored at Installoo.de. If the customer loses documents relating to his orders, he can contact Installoo.de by e-mail, fax or telephone. Installoo.de will send him a copy of his order data by e-mail, provided the order is not older than one year.
3. Further information about the type, scope, location and purpose of the collection, processing and use of the personal data required to execute orders can be found in the data protection declaration of Installoo.de.

9. Right of withdrawal

If the customer, as a consumer, concludes a contract with installoo.de and the customer and installoo.de use exclusively means of distance communication for the contract negotiations and conclusion (e.g. ordering via an online shop or trading platforms such as eBay.de or Amazon as well as telephone or fax), the customer is generally entitled to a statutory right of withdrawal, about which installoo.de provides separate information.

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Cancellation policy

Right of withdrawal for consumers

A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his or her commercial nor to his or her independent professional activity.

Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.

To exercise your right of withdrawal, you must

Installoo International s.r.o.

Varšavská 715/36, Vinohrady

120 00 Praha 2

CZ

E-Mail to_info@installoo.de

by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

Items must be returned unused and in their original packaging.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

Special Note / Financed Transactions

If you finance this contract through a loan and later withdraw from it, you are also no longer bound by the loan agreement if both contracts form an economic unit. This is particularly the case if we are also your lender or if your lender uses our cooperation for financing. If the loan has already been provided to us at the time of withdrawal or return of the goods, your lender assumes our rights and obligations under the financed contract in relation to you regarding the legal consequences of withdrawal or return. The latter does not apply if this contract involves the acquisition of financial instruments (e.g. securities, foreign currencies, or derivatives). If you want to avoid a contractual obligation as far as possible, exercise your right of withdrawal and also withdraw from the loan agreement if you are entitled to a right of withdrawal for this as well.

Reasons for the Non-Existence and Early Expiry of the Right of Withdrawal:

The right of withdrawal in distance selling does not exist:

For the delivery of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.

For the delivery of goods that can perish quickly or whose expiration date would be quickly exceeded.

For the delivery of newspapers, magazines, or illustrated periodicals, except for subscription contracts.

For the delivery of alcoholic beverages whose price was agreed upon at the conclusion of the contract, but which can only be delivered at least 30 days after the conclusion of the contract and whose current value depends on market fluctuations over which the entrepreneur has no influence.

The right of withdrawal in distance selling expires prematurely:

For the delivery of sealed goods which, for health protection or hygiene reasons, are not suitable for return if their seal has been removed after delivery.

For the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.

For the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

Withdrawal Form

If you want to withdraw from the contract, please fill out this form and send it back.

To:

Installoo International s.r.o.

Varšavská 715/36, Vinohrady

120 00 Praha 2

CZ

E-Mail to_info@installoo.de

The return address is:

Christian Hinze

Installoo

Immanuel-Kant-Str. 14

94333 Geiselhöring

DE

I/we (*) hereby withdraw from the contract I/we (*) concluded for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of the consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate.

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10. 10. Liability

1. For damages other than those resulting from injury to life, body, or health, installoo.de is liable only if these are based on intentional or grossly negligent actions or on culpable violation of an essential contractual obligation, i.e., an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies. Any further liability for damages is excluded. Pre-contractual liability, liability arising from the assumption of a guarantee of quality, as well as liability under the provisions of the Product Liability Act remain unaffected.
2. If an essential contractual obligation is violated, the liability of installoo.de is limited to the foreseeable damage.
3. In the event of a data loss attributable to installoo.de, installoo.de is only liable for those damages that would have occurred even with regular and appropriate data backups, taking into account the type of data, the risk of loss, and the foreseeable consequences of a data loss.

11. 11. Final Provisions

1. If the customer does not have a general place of jurisdiction within the European Union or is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all claims arising from the contractual relationship is 1200 Praha 2 (CZ). However, installoo.de is entitled to bring an action at the customer’s place of business as well.
2. German law exclusively applies, excluding the UN Convention on Contracts for the International Sale of Goods, even in cross-border transactions. If the customer is a consumer, the mandatory consumer protection regulations of the state in which the customer has their habitual residence also apply, provided they offer greater protection.

12. 12. Customer Information

1. Technical steps leading to the conclusion of the contract and correction options:

You can place the desired goods into the virtual shopping cart without obligation. You can access this at any time, view its contents, correct, and/or delete items. If you wish to purchase the selected goods, you must complete the ordering process by entering your personal data and selecting the desired shipping and payment methods. You can cancel the ordering process at any time by closing the browser window or complete it by submitting the order. You can identify any input errors before submitting the order and correct them using the correction functions. The conclusion of the contract is in accordance with Section 2 of our Terms and Conditions (in Part I. General Terms and Conditions).

1. Contract language:

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

1. Delivery times:

The delivery time can be found in the respective offer in our online shop. If Sundays or public holidays fall within the delivery period, the delivery time is extended accordingly.

1. Complaints:

Complaints, claims, and other warranty requests can be submitted to the address provided in the imprint.

1. Storage of contract text:

The contract text will be stored by us after the conclusion of the contract and sent to you in text form after you place your order. Furthermore, the contract text is no longer accessible to you. You can access and save the general terms and conditions along with customer information on our website at any time. The specific order details can be viewed in the login area if you have voluntarily registered a customer account.

If you lose the documents related to your order, you can contact installoo.de by email. installoo.de will send you a copy of your order data by email, provided the order is not older than one year.