General Terms and Conditions with Customer Information

Table of Contents

Scope
Conclusion of Contract
Right of Cancellation
Prices and Terms of Payment
Terms of Delivery and Shipping
Retention of Title
Liability for Defects (Warranty)
Liability
Applicable Law
Place of Jurisdiction
Code of Conduct
Alternative Dispute Resolution

1. Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Innovation Trade Sp. Z oo (Ltd) (hereinafter referred to as “Seller”) shall apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller concerning the goods presented by the Seller in their online shop. We hereby object to the inclusion of the Customer's own terms unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Conclusion of Contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Customer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer of contract concerning the goods in the virtual shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone, e-mail or post.

2.3 The Seller may accept the Customer's offer within five days

by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Customer shall be decisive, or
by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer shall be decisive, or
by requesting the Customer to remit payment after placing their order.

Should the Seller employ more than one of the aforementioned alternatives, the contract shall be concluded depending on whichever method occurs first. The period for accepting the offer begins on the day following the submission of the offer by the Customer and ends after the fifth day following the offer submission. If the Seller fails to accept the Customer's offer within the aforementioned period, the offer will be deemed rejected, and the Customer will no longer be bound by their declaration of intent.

2.4 Where a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PAYPAL LIMITED, UK BRANCH Whittaker House, Whittaker Avenue, Richmond-Upon-Thames, TW9 1EH, UK (“PayPal”) subject to the Terms of Use of PayPal available at https://www.paypal.com/uk/webapps/mpp/account-sign-up or where the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account available at https://www.paypalobjects.com/marketing/ua/pdf/GB/en/guest-tnc.pdf. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares the acceptance of the Customer's offer when the Customer clicks the button that concludes the ordering process.

2.5 Where the payment method “Amazon Payments” is selected, the payment will be processed by the payment service provider Amazon Payments UK Ltd., 1 Principal Place, Worship St, London, EC2A 2FA, United Kingdom ( “Amazon”) subject to the Terms of Use of Amazon Payments UK available at https://pay.amazon.co.uk/help/B63Y8N45FK4VXH2

2.6 If the Customer selects “Amazon Payments” as the payment method during the online ordering process, the Customer also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller declares the acceptance of the Customer's offer when the Customer initiates the payment process by clicking the button that concludes the ordering process.

2.6 Where the Customer submits an offer via the Seller's online order form, the text of the contract will be stored by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., via e-mail, fax or letter) following the submission of the order by the Customer. The Seller shall not make the contract text accessible to any third party. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be stored on the Seller's website and can be accessed by the Customer free of charge using their password-protected user account by entering the corresponding login data.

2.7 Before submitting a binding order via the Seller's online order form, the Customer may recognize any input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the image on the screen may be an effective method for better recognition of any input errors. The Customer can correct their inputs during the electronic ordering process using their keyboard and mouse until they click the button that concludes the ordering process.

2.8 Contracts and information are available in English.

2.9 Contracts and orders are usually processed via e-mail and through automated order processing. The Customer must ensure that the e-mail address they provide for order processing is correct to be able to receive any e-mails from the Seller. Especially when using SPAM filters, the Customer must ensure that all e-mails sent by the Seller or any third parties commissioned by the Seller to process orders can be delivered.

3. Right of Cancellation

3.1 Consumers typically enjoy the right of cancellation.

3.2 Detailed information on the right of cancellation can be found in the Seller's Cancellation Policy.

3.3 The right of cancellation shall not apply to consumers who are not citizens of the UK on the date of the conclusion of the contract and whose primary residence and delivery address are outside the UK on the date of the conclusion of the contract.

4. Prices and Terms of Payment

4.1 Unless stated otherwise in the Seller's product description, the prices quoted are total prices which include the statutory value-added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the UK, additional costs may be incurred for which the Seller is not responsible, and which shall be borne by the Customer. These include, for example, costs for money transfer through credit institutions (e.g., transfer fees, exchange rate fees), import duties or taxes (e.g., customs duties). Such costs may also be incurred during money transfers in cases where delivery is within the UK when the Customer makes the payment from a country outside the UK.

4.3 The Customer will find information on payment option(s) in the Seller's online shop.

4.4 Should the parties agree on prepayment by bank transfer, payment shall be due immediately upon conclusion of the contract unless the parties have agreed on a later due date.

4.5 Where a payment method offered by the payment service “PayPal” is selected, the payment will be processed by PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal that involve advance payments to the Customer (e.g., purchase on account or payment by installments), the Seller shall assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the Customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will check the creditworthiness using the transmitted customer data. The Seller reserves the right to refuse the selected payment method to the Customer in case of a negative outcome of the credit assessment. If the selected payment method is accepted, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payments with a debt-discharging effect to PayPal or the payment service provider commissioned by PayPal. In the case of the assignment of claims, the Seller shall remain responsible for general Customer inquiries regarding the goods, delivery time, shipping, returns, complaints, notices of cancellation and return of canceled goods, or credit notes.

4.6 Where the payment scheme “SOFORT” is selected, the payment will be processed by the payment service provider SOFORT UK Ltd, Aviation House 125 Kingsway, Holborn, London, WC2B 6NH, United Kingdom (hereinafter referred to as “SOFORT”). To pay the invoice amount via “SOFORT”, the Customer must have an online banking account activated for payments via “SOFORT”. In addition, the Customer must have the appropriate credentials during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction will be carried out immediately thereafter by “SOFORT”, and the Customer's bank account will be debited. Further information on the “SOFORT” payment method is available at https://www.klarna.com/uk/

5. Terms of Delivery and Shipping

5.1 If the Seller provides shipping of the goods, these shall be delivered within the area specified by the Seller to the delivery address specified by the Customer unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive for a successful transaction. Notwithstanding the above, if the Customer selects PayPal as the payment method, the delivery address provided by the Customer to PayPal at the time of payment shall be decisive.

5.2 Should the delivery of the goods fail for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller. If the Customer effectively exercises their right of cancellation, they will not be liable for the costs of the return shipment. If the Customer effectively exercises the right of cancellation, the provisions of the Seller's Cancellation Policy shall apply to the costs of the return shipment.

5.3 Where the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer upon handover of the goods by the Seller to the forwarding agent, the carrier or any other person or institution commissioned to carry out the shipment. Where the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall only pass to the Customer upon handover of the goods to the Customer or a person authorized to receive the goods. Notwithstanding the above, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the Customer, who acts as a consumer, upon handover of the goods by the Seller to the forwarding agent, the carrier or any other person or institution commissioned to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or any other person or institution commissioned to carry out the shipment and the Seller has not previously named said person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply where the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The Seller shall use all reasonable endeavors to procure the goods. Where the goods are unavailable or only partially available, the Customer shall be informed immediately, and any payments made shall be returned to the Customer without delay.

5.5 If the Seller provides the goods for collection, the Customer may collect the ordered goods within the business hours and at the address provided by the Seller. In this case, no shipping costs will be charged.

6. Retention of Title

6.1 For contracts with consumers, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.

6.2 For contracts with entrepreneurs, the Seller shall retain title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

6.3 If the Customer acts as an entrepreneur, the Customer shall be entitled to resell the reserved goods in the ordinary course of business. All claims resulting from such course of business against a third party shall herewith be assigned in advance to the Seller in the amount of the respective invoice value (including value-added tax). This assignment of claims shall be valid regardless of whether or not the reserved goods are processed before or after resale. The Customer shall remain entitled to collect the claims even after assignment. The Seller's authority to collect the claims themselves shall remain unaffected. However, the Seller shall refrain from collecting the claims as long as the Customer meets their payment obligations, is not in default of any payments, and no application has been lodged to open insolvency proceedings against the Seller.

7. Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for defects shall apply. Notwithstanding the above, the following shall apply to contracts for the delivery of goods:

7.1 If the Customer acts as an entrepreneur,

the Seller may choose the type of subsequent performance;
the limitation period for defects of new goods shall be one year from transfer of risk;
any rights and claims for defects of used goods are generally excluded;
the limitation period shall not recommence if a replacement delivery is carried out within the scope of liability for defects.

7.2 If the Customer acts as a consumer, the following shall apply to contracts for the delivery of used goods with the restriction of the following clause: The limitation period for claims for defects shall be one year from delivery of the goods if this was expressly and separately contractually agreed between the parties and the customer was specifically informed of the shortening of the limitation period before making its contract statement.

7.3 The aforementioned limitations of liability and the shortening of limitation periods shall not apply

to the Customer's claims for damages and reimbursement of expenses,
if the Seller has fraudulently concealed the defect,
o delivery items that have been used for building construction in the normal manner and have caused the defect in the building,
o any existing obligation of the Seller to provide updates for digital goods in case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs the statutory limitation periods for any statutory recourse claims shall remain unaffected.

7.5 If the Customer acts as a merchant, the Customer has the commercial duty to examine the goods and give notice of defects to the Seller. Should the Customer neglect the obligations of disclosure specified therein, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, the Customer shall report any obvious transport damage to the delivered goods to the delivery agent and notify the Seller thereof. Should the Customer fail to comply therewith, this shall not affect their statutory or contractual claims for defects.

8. Liability

The Seller shall be liable to the Customer for any contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:

8.1 The Seller shall assume unlimited liability for any legal reason whatsoever

in case of intent or gross negligence,
in case of willful or negligent damage to life, body or health,
in case of a guarantee commitment, unless otherwise specified,
in case of liability resulting from mandatory statutory provisions such as the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability for damages shall be limited to the foreseeable damage typical for the contract unless unlimited liability applies under the preceding clause. Material contractual obligations are obligations the contract imposes on the Seller according to its content to fulfill the purpose of the contract and whose fulfillment is essential for the proper performance of the contract and on the fulfillment of which the Customer may regularly rely.

8.3 Any other liability of the Seller is excluded.

8.4 The above liability provisions shall also apply to the Seller's liability for its vicarious agents and legal representatives.

9. LIABILITY FOR DEFECTS (WARRANTY)

9.1 The delivery item shall be handed over free of material defects unless otherwise agreed. The Seller shall only be liable for material defects expected to exist before the passing of risk and not for defects resulting from misuse, improper operation or inadequate maintenance. The Seller shall not be liable for any material defects resulting from natural wear and tear of the delivery item or its parts

9.2 The rights of the Buyer regarding a defect shall be excluded if the Buyer is aware of the defect at the time of the conclusion of the contract. If the Buyer has been unaware of a defect due to gross negligence, the Buyer may only assert rights in respect of this defect if the Seller has fraudulently concealed the defect or has given a guarantee for the quality of the item.

9.3 In the case of liability for defects, a distinction must be made between the consumer and the entrepreneur.

9.4 If the Customer acts as a consumer, the following shall apply:

The Buyer may, at their discretion, demand the rectification of the defect or the delivery of an item free of defects as subsequent performance
The Seller shall bear the expenses necessary for subsequent performance, in particular, transport, travel, labor, and material costs.
The Seller may refuse the type of subsequent performance selected by the Buyer if it is not possible to provide such subsequent performance without incurring disproportionate costs. In particular, the value of an item free of defects, the significance of the defect, and the extent to which the other type of subsequent performance could be resorted to without material detriment to the Buyer shall be taken into account. In this case, the Buyer's claim shall be limited to the other type of subsequent performance.
The Buyer shall return the defective item to the Seller as part of the subsequent performance.
If the Seller provides an item free of defects as part of the subsequent performance, the Seller may demand the return of the defective item from the Buyer. The Seller shall bear all costs arising from the return of the replaced item.
For used goods, the limitation period for defects shall be one year from the transfer of risk.
The limitation period shall not recommence if a replacement delivery is carried out within the scope of liability for defects.

9.5 If the Customer acts as an entrepreneur, the following shall apply:

The Seller may choose the type of subsequent performance.
For new goods, the limitation period for defects shall be one year from delivery of the goods.
Any rights and claims regarding defects of used goods shall be excluded.
The limitation period shall not recommence if a replacement delivery is carried out within the scope of liability for defects.

The entrepreneur's warranty claims require the entrepreneur to have fulfilled their statutory obligation to examine the goods and give notice of defects. The same applies if the Buyer resells the delivery item. In the event of obvious defects or incompleteness of the goods, the defects must be reported to us in writing without delay under the UK Law upon arrival of the goods at their destination, including a detailed description of defects and the invoice number. We may also request the return of receipts, samples, packing slips, and/or defective goods for inspection. Any Buyer's claims for defects or incompleteness shall be excluded if the Buyer fails to comply with this obligation. Hidden material defects must be reported promptly after their discovery. After an agreed acceptance has been carried out, any claims for defects that could have been detected during the acceptance shall be excluded.

9.6 Any parts substituted as part of the subsequent performance shall become our property. We shall only be liable for spare parts under the general terms and conditions of sale and delivery.

9.7 We shall only assume liability for a specific application or fitness for a particular purpose if this has been expressly agreed in writing. In all other respects, the risk of fitness for use and application shall be borne exclusively by the Buyer, provided that the delivery item is free of defects. The Buyer shall be obliged to ensure compliance with technical framework conditions specified in the primary documentation and/or supplements. Any use other than the above is prohibited. The Buyer shall also impose these and, if applicable, other restrictions on use specified by the Seller on their customers.

Our recommendations regarding the use of the generators serve merely as a guide to the technical features and must be adapted to the specific circumstances and conditions on site during installation. The installation should be carried out in compliance with all applicable standards and regulations. We assume no responsibility for the incorrect installations and their consequences.

9.8 If any defects are discovered in consumables, the materials must be separated immediately in the condition in which the defects were discovered and kept ready for inspection by our staff. Otherwise, they shall be deemed accepted in the state as delivered without any further liability on our part.

9.9 The Buyer shall promptly notify us of any notice of defects given by their clients regarding our goods. Should the Buyer fail to comply with this obligation, the Buyer shall have no claims for defects against us. The Buyer shall also provide evidence in a suitable form and allow us to examine it upon request.

9.10 Any advertising statements made by the Buyer to their clients or in their advertising materials that are not authorized by us shall not constitute grounds for any claims for defects against us.

9.11 If the Buyer sends us the delivery item for rectification of defects and we determine that the notice of defects is unjustified and warranty claims are not valid, the Buyer shall reimburse us for the costs incurred if the Buyer has not recognized that the cause of the apparent complaint made by them lies within their own area of responsibility.

9.12 We shall be liable for damages in cases where warranty or procurement risks have been expressly assumed or where duties and obligations have been grossly neglected or violated with intent. In the event of gross negligence, liability for damages shall be limited to foreseeable, typically occurring damage. Liability for culpable loss of life, injury to the body, or damage to health, as well as a compulsory liability as stipulated in the Product Liability Act, shall remain unaffected. With respect to defects of quality and economic loss resulting from ordinary negligence, we shall be held liable only in instances where we fail to fulfill our material contractual obligations (i.e., obligations that make the proper performance of contract possible and are usually subject to Buyer's confidence), limited however to typical damage foreseeable at the time the contract was signed.

This shall not imply a change in the burden of proof to the detriment of the Buyer.

9.13 Where the Buyer is entitled to claim compensation instead of the contract performance or cancel the contract, they shall be obliged to declare at our request within a reasonable period whether and how they intend to exercise their rights. If the Buyer fails to make a declaration in due time or insists on the contract performance, they shall be entitled to exercise the above rights only after a reasonable grace period has expired to no avail.

9.14 Any liability for damages beyond that provided for in Clause 9 shall be excluded, irrespective of the legal nature of the asserted claim. This shall apply in particular to claims for damages resulting from culpa in contrahendo, from other breaches of duty or tortious compensation claims for damages (as stipulated by the UK law). This limitation shall also apply to the extent that the Buyer demands expenses without compensation instead of a claim for damages in lieu of performance. Any further liability due to fraudulent concealment of a defect shall remain unaffected.

9.15 The above provisions shall also apply to a breach of the obligation to examine the delivery item. The normal service life of the delivery items supplied by us shall be based on the information in the primary documentation and/or supplements.

10. Applicable Law

10.1 The law of United Kingdom shall apply to all legal relationships between the parties to the exclusion of the laws governing the international purchase of movable goods. For contracts with consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

10.2 Furthermore, this choice of law concerning the statutory right of cancellation shall not apply to consumers who are not citizens of United Kingdom on the date of the conclusion of the contract and whose primary residence and delivery address are outside the UK on the date of the conclusion of the contract.

11. Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its place of business in the territory of United Kingdom, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's place of business. If the Customer has its place of business outside the territory of United Kingdom, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, regarding the aforementioned cases, the Seller shall be entitled to appeal to the court of jurisdiction over the area where the Customer's place of business is located.

12. Code of Conduct

The Seller complies with the guidelines for “Google Customer Reviews” available on the Internet at https://support.google.com/merchants/topic/7105962.
The Seller complies with the Trusted Shops Quality Criteria available on the Internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_ENG_en.pdf?__hstc=31111584.455887a335889dacf9de02fd8eb282d6.1683232376488.1683232376488.1683232376488.1&__hssc=31111584.3.1683232376489&__hsfp=1534812645

13. Alternative Dispute Resolution

13.1 Consumer disputes: Alternative Dispute Resolution (ADR) in the UK:
https://researchbriefings.files.parliament.uk/documents/CBP-7336/CBP-7336.pdf

13.2 The Seller is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

General Terms and Conditions with Customer Information