Terms & Conditions
Our general terms & conditions as follows
All deliveries and services are made exclusively on the basis of the terms and conditions of iesy GmbH & Co. KG in accordance with the general terms of delivery of the Central Association of the Electrical Engineering and Electronics Industry (ZVEI). We do not recognize deviating or additional general terms and conditions of our customers.
In addition, our offer is based on the following conditions:
§ 1 Inclusion of general terms and conditions
1.1 The contractual relationship between iesy GmbH & Co. KG (hereinafter referred to as "iesy") and the customer shall be governed exclusively by the general terms and conditions set out in the current version applicable at the time of conclusion of the contract.
1.2 In individual cases, in addition to these general terms and conditions, special conditions of iesy or the respective co-operating partner company of iesy apply. Special attention is drawn to these special conditions.
§ 2 Contractual partners
2.1 iesy directs its offering of goods and services (hereinafter referred to as "products") exclusively to entrepreneurs according to § 14 of the German civil code / BGB (hereinafter "customer").
2.2 If iesy becomes aware of the fact that the customer is not an entrepreneur according to § 2.1 of these General Terms and Conditions, iesy shall be entitled to withdraw from the contract within a reasonable period of time.
§ 3 Conclusion of contract
3.1 The contract between iesy and the customer shall come into force only on explicit acceptance by iesy in accordance with the following provisions.
3.2 Section 312i (1) sentence 1 no. 1 to no. 3 of the German Civil Code (BGB) shall not apply in accordance with section 312i (2) sentence 2 of the German Civil Code (§ 312i BGB as of 13.06.2014).
3.3 The products and services offered by iesy within the scope of the online shop constitute an invitation by iesy to the customer to submit an offer to conclude a purchase contract.
3.4 The order of the customer is the offer to iesy to the conclusion of a purchase contract in accordance with the conditions specified in the order.
3.5 The confirmation of the receipt of the order by iesy does not represent acceptance of the offer.
3.6 The contract is concluded by the express acceptance by iesy against the customer. In the absence of such a condition the singling out of goods for transportation or handing over the goods to the transporter at the latest replace this acceptance.
§ 4 Details in the online shop
4.1 The product-related information contained in the online shop (eg. advertising images, delivery time, price) are non-binding and do not represent a description of the respective product.
4.2 The delivery times and availability indicated in the online shop are based on the data provided by the suppliers of iesy and refer to the workdays from Monday to Friday. They are non-binding statements about the expected delivery times and availability.
4.3 Prices in the shop are net prices plus the respectively applicable statutory value-added tax, unless the price stated in the shop is expressly marked as gross price.
4.4 Should a faulty pricing of the goods offered in the online shop be indicated, iesy shall be entitled to withdraw from the contract regardless of a possible legal challenge. This withdrawal is to be declared immediately and without delay upon knowledge of the reason for wihdrawal.
§ 5 Right of return
5.1 A return (redemption or exchange), to which no legal and / or no legal claim exists, is excluded. To the extent that individual articles reflect return rights and / or their legal consequences, these are subject to these General Terms and Conditions.
5.2 In the case of a return, the customer shall bear the shipping costs actually incurred or actually incurred for the delivery as well as the costs of the return, such as shipping costs and processing fees of iesy insofar as the return is not due to a right of rescission. The risk of the loss and the deterioration of the item returned by the customer is borne by the customer until he has handed over the item to iesy. The item is deemed to be delivered to iesy upon receipt by the person authorized by iesy to accept the return in the warehouse.
5.3 Before returning the goods to iesy, the customer must contact the iesy support in order to coordinate the further procedure and to allow for carrying out the return promptly. Therefore, the customer can use the online form for returns and complaints in the download area. The acceptance of the returned goods by iesy does not lead to an acceptance of the return requirement of the customer.
§ 6 Reservation of availability
6.1 If, after conclusion of the purchase contract, the supplier provides delivery times deviating from the delivery times stated in the online shop, iesy will notify the customer immediately. If a further non-binding statement of the expected delivery time can also not be observed, iesy informs the customer without delay.
6.2 If iesy determines the non-availability of the goods after conclusion of the contract, iesy informs the customer without delay thereof. If non-availability is due to circumstances beyond its control, iesy may withdraw from the contract within a reasonable time after knowledge of non-availability. Alternatively, however, iesy may instead offer the delivery of a product comparable to the type and quality of the original goods to the customer. If the customer does not agree to this contract amendment within a reasonable period of time after receipt of this offer, iesy can withdraw from the contract within a reasonable period of time. In the event of a rescission, iesy shall immediately reimburse any compensation already paid.
§ 7 Terms of delivery and payment
7.1 The goods are delivered in the packaging units indicated in the online shop. Technical changes and changes in form, color and weight of the packaging unit shall remain within reasonable bounds and normal limits.
7.2 The delivery note is enclosed with the goods. Invoicing is effected separately by post or in electronic form.
7.3 The costs for the dispatch of the goods vary according to the supplier. The current costs are displayed separately in the shopping basket. The goods ordered are sent with a parcel service at the choice of the supplier executing the delivery.
7.4 iesy offers different payment methods. The payment methods offered to the customer will be communicated in the online shop. The customer can select the desired method of payment during the ordering process. In the case of delivery against payment in advance, an exchange acceptance is excluded.
7.5 Payment claims are due immediately upon invoicing and without deduction, unless the parties have agreed otherwise in writing. If iesy is being paid from a country other than Germany, the customer shall pay all costs incurred for transferring the full amount to the iesy account. Likewise, costs incurred by the customer due to unauthorized non-settlement of payment claims and / or insolvency shall be borne by the customer.
§ 8 Default
8.1 In the event of default, iesy shall be entitled to demand default interest at the rate of 8 percentage points above the base rate of the European Central Bank.
8.2 iesy is entitled to charge interest due from the date of maturity in accordance with § 353 HGB (German Commercial Code).
§ 9 Complaint & Warranty
9.1 For customers who are merchants, the obligation to inspect and notify the customer is within the limits of § 377 HGB. For customers who are not merchants, the obligation to inspect and report the defect is subject to § 377 para. 1 and 3 HGB; In this case, the customer shall, as a fulfillment aid (§ 278 BGB) of iesy, undertake the examination of the goods and the corresponding indication of a discovered defect towards iesy. In order to be able to notify iesy, the iesy form for returns and complaints shall be obtained from the download area.
9.2 The warranty period is one year from delivery of the goods. This shall not apply if iesy has maliciously concealed the defect.
9.3 In the event of a warranty, iesy shall, at its own option, supplement (i) by remedying the defect by rectification or (ii) by exchanging the delivered defective goods against a defect-free product.
9.4 If two attempts at rectification have failed within a reasonable period, the customer has the right to reduce the purchase price or withdraw from the contract. Any further claims of the customer are excluded.
9.5 Before the customer exercises his / her right of warranty, he / she must contact the iesy support in order to coordinate the individual approach and to ensure that the warranty claims are expeditiously implemented. The online form for returns and complaints is available to the customer in the download area. A return and acceptance of the goods by iesy does not lead to the automatic recognition of a warranty claim.
§ 10 Choice of law
Applicable law is that of the Federal Republic of Germany with the exclusion of the UN-purchase right.
§ 11 Written form
11.1 Agreements between the parties require their written form for their effectiveness.
11.2 Verbal agreements require written confirmation by both parties to their effectiveness.
11.3 The amendment or abolition of the written form requirement is only possible with the written form.
11.4 For the purpose of preserving the written form, a declaration by email is sufficient, in deviation from §§ 127 paragraph 3, 126a BGB, even if the other party is recognizable as the exhibitor and the declaration is not accompanied by an electronic signature. The user of an email which is not provided with the electronic signature according to §§ 127 paragraph 3, 126a German Civil Code (BGB) must be able to accept the contents of the declaration as correct and, in the event of a legal dispute, renounces the objection that the declaration with the relevant content towards the addressee mentioned in the declaration at the date indicated is not made by him.
11.5. The German language version of this agreement shall be
authoritative for the interpretation of this agreement as well as in all disputes because of or with regard to this agreement and its conclusion and validity. In the case that iesy provides the customer with a translated version, this shall be made without guarantee for the fact that that version has been translated correctly.
§ 12 Jurisdiction
12.1 Exclusive court of jurisdiction for all disputes arising out of the contractual relationship as well as its condition and effectiveness shall be the District Court of Meinerzhagen or the Regional Court of Hagen if the customer is a merchant, a legal person of public law or a special fund under public law.
12.2 iesy, irrespective of the preceding provision, is entitled to sue at any legally permissible general court.