Terms and conditions
(1) Our General Terms and Conditions (GTC) are part of the contract and apply to all and thus also future business, deliveries and services of Isolera GmbH with the customer. They are accepted by the customer in full in the version valid at the time of the conclusion of the contract.
(2) Deviating, conflicting or supplementary terms and conditions are hereby contradicted and are not part of the contract.
(3) Consumers within the meaning of these terms and conditions are natural persons who conclude the legal transaction for a purpose which can not be attributed to their commercial or independent professional activity.
(4) Entrepreneurs within the meaning of these terms and conditions are natural persons, legal entities or partnerships with legal capacity who act in the course of the legal transaction in the exercise of their commercial or independent professional activity. Customers in terms of these terms and conditions are both consumers and entrepreneurs.
2 Conclusion of contract
(1) The order is made via the online form provided in the shopping cart on the website http://isolera.de. The customer’s order constitutes a legally binding offer to conclude a purchase agreement for the goods ordered and contained in the shopping cart of the ordering process. By clicking on the button “Buy” within the ordering process on the website http://isolera.de the customer gives a binding order for the goods contained in the shopping cart of the ordering process on the website http://isolera.de.
(2) The Isolera GmbH confirms the customer placing an order via the website http://isolera.de the receipt of the order immediately by e-mail, fax or by post. This constitutes the so-called acknowledgment of receipt. With this confirmation of receipt no contract has taken affect or has been concluded yet.
(3) The legally binding contract between Isolera GmbH and the customer is not concluded until the so-called order confirmation has been sent. This order confirmation will also be sent to Isolera GmbH by mail, fax or post within a maximum of two working days after receipt of the order.
3 Customer information
After completion of the ordering process online, you will not have any access to the contract text. The contract text with the information on the article and the description of the article is stored by Isolera GmbH. Customers have no online access to the input text.
§ 4 Amendments You can edit your entry at any time before placing the order. You can correct input errors until you click on the “Buy” button. Thereafter, an amendment is no longer possible and the declaration is binding. § 5 Transfer of risk (1) In the context of consignment shopping with consumers, the risk of accidental loss and the risk of accidental deterioration of the goods sold, goes to the consumer.(2) When selling to entrepreneurs, the risk of accidental loss of the goods and the accidental deterioration of the goods, goes to the transport person.
6 Right of Withdrawal for Consumers
Only consumers have a right of withdrawal, as described in the following cancellation policy. A consumer is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity.
Cancellation Withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day. 1. Alternative: where you or a third party named by you, other than the carrier, has taken possession of the goods, if you have ordered one or more goods in a single order and the goods are delivered uniformly, 2. Alternative: where you or a third party named by you, but who is not the carrier, has taken possession of the last item, if you have ordered several goods in a single order and the goods are delivered separately, 3. Alternative: where you or a third party named by you, other than the carrier, has taken possession of the last partial consignment or the last item, if you have ordered a product which delivery is made in several partial consignments or pieces, If there are more than one of the alternatives listed above, the period of revocation will not commence until you or a third party named by you who is not the carrier has or has taken possession of the last goods or the last partial or final lot. To exercise your right of withdrawal, you must contact us
Address: Isolera GmbH, Gamsweg 17, D-36041 Fulda
Tel .: +49 (0) 661/2509483
Fax: +49 (0) 661/901 43 66
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the cancellation
If you withdraw from this Agreement, we will reimburse all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery offered by us) immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has been received by us. For this reimbursement we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for the repayment fees. We may refuse to repay you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You have to return the goods immediately and, in any event, not later than 14 days from the date on which you inform us of the cancellation of this contract to us (address: isolera GmbH, Gamsweg 17, D-36041 Fulda) or to surrender. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to a handling that is not necessary for you to check the nature, characteristics and functioning of the good
The statutory warranty rights apply to all sales, which are modified by §6 of these terms and conditions. For consumers, the warranty period for used goods is one year from the delivery of goods.Entrepreneurs must indicate obvious defects of the delivered goods within a period of two weeks from receipt of the goods to Isolera GmbH; Otherwise the assertion of warranty claims is excluded. To meet the deadline, the timely dispatch or notification is sufficient. The entrepreneur bears the full burden of proof for all conditions of the claim, in particular for the defect itself, for the time of the discovery of the defect and for the timeliness of the complaint. For merchants § 377 HGB applies.
8 Retention of title
Until full payment, the goods ordered by the customer remain the property of Isolera GmbH.
Isolera GmbH is liable for intent and gross negligence. Isolera GmbH shall also be liable for damages caused by simple negligence, insofar as negligence relates to the breach of such contractual obligations, the observance of which is of particular importance for the achievement of the purpose of the contract. However, we are only liable if the damage is typically associated with the contract and foreseeable.
10 Out-of-court settlement
The EU Commission provides a platform for out-of-court settlement. Consumers have the opportunity to settle disputes related to their online order without the intervention of a court. The Dispute Settlement Platform can be reached via the external link http://ec.europa.eu/consumers/odr/.
“The competent consumer arbitration board is the: General Consumer Arbitration Center of the Center for Arbitration eV, Strassburger Str. 8, 77694 Kehl, Phone: +49 7851 79579 40, Fax: +49 7851 79579 41, Internet: www.verbraucher-schlichter.de, Mail: firstname.lastname@example.org. However, we hereby declare that we are neither willing nor obliged to participate in a dispute resolution procedure. ”
Personal data is collected on this website and in our webshop only to the extent technically necessary. In no case will the data collected be sold or otherwise disclosed to third parties. We use the personal data for the processing of orders, the delivery of goods and for the settlement of the payment.
We never share your personal information with third parties who do not work with us directly for the purpose of processing the order. As a customer, you have a right to information as well as a right to correction, blocking and deletion of stored data. The customer can at any time effect a deletion of his data. He also has the right to request information about the status of his stored data at any time by e-mailing email@example.com
If deletion conflicts with statutory or contractual retention requirements, the data will be blocked.
Your trust is important to us. Therefore, we would like to be of service at any time regarding the processing of your personal data. If you have questions that this privacy statement could not answer or if you would like more details, please contact firstname.lastname@example.org at any time.
12 Change of the general terms and conditions
Isolera GmbH reserves the right to change these terms and conditions at any time, subject to a reasonable notice period of at least two weeks. The announcement is made under publication of the applicable general terms and conditions, stating the effective date on the Internet on the website isolera.de
If the customer does not object within two weeks of publication, the amended terms and conditions apply as accepted. The announcement of the change refers separately to the importance of the two-week deadline.
13 Final Provisions
(1) The law of the Federal Republic of Germany applies. The provisions of the UN Sales Convention are not applicable. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Fulda, unless an exclusive place of jurisdiction exists.
Information obligation according to the battery law In connection with the distribution of batteries or rechargeable batteries or with the delivery of devices containing batteries or rechargeable batteries, we are obliged to inform you in accordance with the Battery Act in the sense of § 18 BattG of the following: Batteries may not be disposed of with household rubbish. You are legally obliged to supply used batteries as end users. You can return batteries free of charge after use at the point of sale or in your immediate vicinity (for example, in municipal collection points or in shops). You can also return the batteries to us by mail, whereby we will in any case even take over the letter postage for the return shipment of the old battery. Labeled batteries and rechargeable batteries are marked with one of the following two symbols, consisting of a crossed-out wheeled bin and the chemical symbol of the heavy metal that determines the pollutant content. Both symbols have the same meaning.
The chemical symbol “Cd” for cadmium, “Pb” for lead and “Hg” for mercury is shown below the symbol.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS) which you can find at https://ec.europa.eu/consumers/odr We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.