Terms and conditions

Terms & Conditions

§ 1 Scope of Application

(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded between us via our online shop, company imima GmbH, authorised representative: Mr Marvin Thoma, Schwarzäckerstr. 41, 82178 Puchheim, phone: +49(0)89 54662292, e-mail: info@imima.de, and you as our customer. The T & C apply regardless of whether you are a consumer, entrepreneur or merchant.

(2) All agreements made between you and us in connection with the purchase contract result in particular from these terms and conditions of sale, our written order confirmation and our declaration of acceptance.

(3) The version of the GTC valid at the time of conclusion of the contract shall be decisive.

(4) We do not accept deviating terms and conditions of the customer. This also applies if we do not expressly object to the inclusion.

§ 2 Conclusion of Contract

(1) The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a purchase contract.

(2) By submitting an order via the online shop by clicking on the "order with obligation to pay" button, you are placing a legally binding order. You are bound by the order for a period of two (2) weeks after the order is placed; This does not affect your right to cancel your order, if any.

(3) We will immediately confirm receipt of your order placed via our online shop by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless it declares acceptance in addition to the confirmation of receipt.

(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivery of the ordered items.

(5) We can only consider orders for deliveries abroad from a minimum order value. The minimum order value can be found in the price information provided in our online shop.

(6) If the delivery of the goods you have ordered is not possible, for example because the corresponding goods are not in stock, we will refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you immediately and refund any consideration already received.

§ 3 Terms of delivery and reservation of advance payment

(1) We are entitled to make partial deliveries insofar as this is reasonable for you.

(2) The delivery period shall be approximately four working days, unless otherwise agreed. Subject to the provision in subsection (3), it begins with the conclusion of the contract.

(3) In the case of orders placed by customers who live or have their place of business abroad or if there are reasonable indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (reservation of advance payment). If we make use of the reservation of advance payment, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.

§ 4 Prices and shipping costs

(1) All prices quoted in our online shop are gross prices including statutory VAT and do not include shipping costs.

(2) The shipping costs are stated in our prices in our online shop. The price including VAT and applicable shipping costs will also be displayed in the order mask before you submit the order.

(3) If we fulfil your order by means of partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.

(4) If you effectively revoke your contractual declaration, you can demand reimbursement of costs already paid for shipping to you (outbound shipping costs) under the legal requirements.

§ 5 Terms of Payment and Offsetting and Right of Retention

(1) The purchase price and shipping costs must be paid within two (2) weeks of receipt of our invoice at the latest.

(2) You can pay the purchase price and shipping costs at your choice only with the payment options offered by us.

(3) You are not entitled to offset against our claims, unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.

(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 6 Right of withdrawal

(1) Consumers generally have a statutory right of revocation when concluding a distance selling transaction, about which the provider will inform in accordance with the legal model below. The exceptions to the right of withdrawal are regulated in Section 9.2. Section 9.3 contains a sample withdrawal form.

(2) Cancellation Policy – Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us, imima GmbH, Managing Director: Mr. Marvin Thoma, Schwarzäckerstr. 41, 82178 Puchheim, Telephone: +49(0)89 54662292, E-Mail: info@imima.de of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form for this, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

(3) Consequences of revocation

If you withdraw from this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment. We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen day period. You will bear the direct costs of returning the goods.

Please send the goods to this return address:

imima GmbH, 

Return-to-service

Straßacker 999

94330 Salching

Germany

They only have to pay for any loss in value of the goods if this loss of value is due to handling of them that is not necessary to check the nature, characteristics and functioning of the goods.

(4) The right of revocation does not apply to the following contracts:

• Contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
• Contracts for the delivery of goods that can deteriorate quickly or whose expiration date would quickly pass.
• Contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
• Contracts for the supply of goods if they have been inseparably mixed with other goods after delivery due to their nature.
• Contracts for the supply of alcoholic beverages, the price of which was agreed upon at the time of conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence.
• Contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
• Contracts for the supply of newspapers, magazines or magazines with the exception of subscription contracts
• Contracts for the supply of goods, the price of which depends on fluctuations on the financial market, over which the entrepreneur has no influence and which may occur within the withdrawal period.

(5) Sample withdrawal form

If you wish to withdraw from the contract, please fill out this form and return it.

To: imima GmbH, Managing Director: Mr. Marvin Thoma, Schwarzäckerstrasse 41, 82178 Puchheim, Phone: +49 (0) 498954662292, E-Mail: info@imima.de

– I/we (*) hereby withdraw from the contract entered into by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

– Ordered on (*)/received on (*)

– Name of consumer(s)

– Address of the consumer(s)

– Signature of the consumer(s) (only if notified on paper)

–Date

(*) Delete what is inappropriate.

§ 7 Retention of title

The delivered goods remain our property until the purchase price has been paid in full.

§ 8 Warranty

(1) We are liable for material defects or defects of title of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 et seq. of the German Civil Code. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods. For the sake of clarity, it is pointed out that the indication of the best-before date is not a guarantee in the legal sense, but a legal obligation.

(2) Any seller's guarantees given by us for certain articles or manufacturer's warranties granted by the manufacturers of certain articles shall be in addition to claims for defects of quality or title within the meaning of paragraph 1. An additional warranty only exists for the goods delivered by the supplier if this has been expressly stated in the order confirmation for the respective article.

§ 9 Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.

(2) In other cases, unless otherwise provided for in paragraph 3, we shall only be liable in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the compliance of which you as a customer may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in paragraph 3.

(3) Our liability for damages resulting from injury to life, limb or health and under the Product Liability Act remains unaffected by the above limitations of liability and exclusions of liability.

§ 10 Copyrights

We have the rights or copyrights to all images, films and texts published in our online shop. Any use of the images, films and texts is not permitted without our express consent.

§11 Alternative dispute resolution in accordance with Art. 14 para. 1 ODR-VO and § 36 VSBG

 The European Commission provides a platform for online dispute resolution (ODR), which consumers  can find under http://ec.europa.eu/consumers/odr/. The provider is not obliged to participate in dispute resolution proceedings before a consumer arbitration board. The Provider does not participate in dispute resolution procedures.

§ 12 Applicable Law and Place of Jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller. In all other respects, the applicable legal provisions apply to local and international jurisdiction.