I General Terms and Conditions (GTC)

§ 1 Basic provisions
1.1 The following terms and conditions apply to all contracts that you (hereinafter referred to as “you” or “customer”) conclude with us as the provider IK Industry International GmbH & Co. KG (hereinafter referred to as “provider” or “seller”). Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.

1.2 A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Subject of the contract
2.1 The subject of the contract is the sale and delivery of goods or provision of services.

§3 Conclusion of the contract

Depending on the contractual method chosen, the conclusion of the contract is defined as follows:

3.1 Ordering via our webshop
3.1.1. The items/services we list in our webshop represent a product presentation and not a binding purchase offer on our part.

3.1.2 Items/services provided by us are subject to errors, technical changes or printing errors.

3.1.3 The customer can make us a legally binding offer to complete a purchase for presented items by clicking on this
- place in the shopping cart by clicking on “add to cart”
. By clicking on the “shopping cart symbol” or the “go to shopping cart” button, the customer goes to the shopping cart, where he receives an overview of the items stored there.
- By clicking on “Checkout” or “Checkout” the customer goes to a page where he has to decide whether he wants to register (create a customer account) or whether he wants to place his order as a so-called “guest” without a customer account. and completes the ordering process to the end (final click on “order now with payment”). Depending on the selection, the customer will query the required data.
- On the following “Checkout” page, the customer receives all the detailed information regarding item selection and quantity, address entries, choice of payment method and shipping method. He also receives a list of the costs incurred. At this point, desired changes to the above-mentioned data/selections can be made again.

The customer finally ensures that his entries and selections are complete and correct.

If the entries are complete and checked by the customer, the customer must confirm that they have read and legally accepted our (these) General Terms and Conditions, the cancellation policy and our data protection declaration by clicking on the relevant selection box.

By clicking on the “buy” button, the customer’s binding offer to conclude a contract is sent to us in a legally binding manner.

The customer automatically receives an order confirmation to the email address provided. This order confirmation is not an acceptance of the contract by us and is not equivalent to it.

3.1.4 We accept the contract either
a) By separate, clearly named “order confirmation” which is sent by email, fax or letter
or
b) By delivery of the ordered items.


3.1.5 Different process management
Depending on the selection of the options offered (payments, shipping, etc.), the above ordering process may proceed differently. For example, you have selected “PayPal” as your payment method or the so-called “PayPal Checkout”.

However, the principle regarding the offer, acceptance and conclusion of the contract remains unchanged even if the purchase process is changed. In particular, you will always be directed to the final “checkout” so that you can check the final compilation and take note of our conditions and confirm them.

3.2 Orders by fax/letter/telephone
3.2.1 If we receive an order from you, this is to be understood as a legally binding offer from the buyer (you) to us as the seller to conclude a purchase contract.

3.2.2 Before submitting his offer to us, the buyer must inform himself about our general terms and conditions, data protection conditions and the right of withdrawal. This information is available at any time at the Internet address: www.ik-industry.de/agb.php. In this respect, the termination takes place
An offer from the customer to us is always made with the knowledge and consideration of and on the basis of our aforementioned conditions.

3.2.3 We only accept the contract when we send a clearly named “order confirmation” via email, fax or letter or by delivering the ordered items.


§4 Delivery, transfer of risk
4.1. Delivery takes place from the warehouse at IK Industry, Am Schellberg 26, 41516 Grevenbroich (place of performance). At the buyer's request and expense, the goods will be sent to another destination (shipment purchase). Unless otherwise agreed, we are entitled to determine the type of shipment ourselves (in particular the transport company, shipping route, packaging).

4.2. The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover at the latest. However, when purchasing by mail order, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay passes to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment upon delivery of the goods.

4.3 If the buyer defaults on acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the buyer is responsible, we are entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage costs).

4.4 We will take back transport and sales packaging in accordance with the packaging regulations (VerpackV). The following applies to entrepreneurs: For deliveries of goods that require transport packaging in accordance with Section 4 VerpackV, Grevenbroich-Kapellen is always the place of delivery. When delivering goods in which sales packaging i. S.v. § 7 VerpackV, the buyer and we agree that we will accept the sales packaging at our headquarters in Grevenbroich-Kapellen and that the buyer will bear the costs of returning the sales packaging.

§5 Prices and payment terms
5.1 All prices are in euros. Unless otherwise agreed in individual cases, our current prices at the time the contract is concluded apply, ex warehouse, plus VAT at the statutory rate.

5.3 When purchasing by mail order, the buyer bears the transport costs from the warehouse and, if desired, the costs of transport insurance.

5.4 Unless otherwise agreed in individual cases, the purchase price is due for payment without further deductions within 8 days of the invoice being issued. In addition, we are entitled, at our own discretion, to demand advance payment before delivery of the goods
5.5 If it becomes apparent after conclusion of the contract that our claim to the purchase price is at risk due to the buyer's inability to pay (e.g. through an application to open insolvency proceedings), we are obliged in accordance with the statutory provisions to refuse performance and - if necessary after setting a deadline - to withdraw from the contract entitled (§ 321 BGB).

5.6 The buyer is only entitled to offsetting or retention rights to the extent that his claim has been legally established or is undisputed.

§ 6 Retention of title, crediting
6.1 The goods remain our property until the purchase price has been paid in full.

6.2 You can resell the goods as an entrepreneur in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that arise from the resale and we accept the assignment. You are still authorized to collect the claim, but not obliged. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves, subject to a deadline. If the reserved goods are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing. In this respect, we are obliged to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

6.3 All payments made by the customer are always offset against the oldest claim.

§ 7 Warranty/Quality/Defects

7.1 The statutory liability rights for defects apply.

7.2 The warranty periods are for
a) Consumers in accordance with § 1.2 for used goods, deviating from the legal regulation, 1 year from delivery of the goods to the customer, for all other goods the statutory warranty periods apply b) Entrepreneurs in accordance with §1.2, the warranty period for used goods, contrary to the legal regulations, is 1 month from delivery of the goods to the customer.

7.3 Only our own information and the manufacturer's product description are deemed to be agreed as to the quality of the item, but not other advertising, public praise and statements made by the manufacturer.

7.4 The following applies to entrepreneurs: The buyer's claims for defects require that he has complied with his statutory inspection and notification obligations (§§ 377, 381 HGB). If a defect becomes apparent during the inspection or later, we must be notified of this immediately in writing. The notification is considered immediate if it is made within three (3) working days, whereby sending the notification on time is sufficient to meet the deadline

7.5 In the event of defects, we will, at our discretion, provide warranty through repair or subsequent delivery. If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. The elimination of defects is deemed to have failed after an unsuccessful second attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In case of We do not have to bear the increased costs resulting from the shipment of the goods to a location other than the place of performance if the shipment does not correspond to the intended use of the goods.

7.6 The statutory warranty period applies to all other delivered goods.

7.7 The shortening of the deadline mentioned under 7.2 a) and b) does not apply:
- for culpably caused damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- if we fraudulently concealed the defect or assumed a guarantee for the quality of the item have.

7.8 Voluntary functional guarantee
We give a voluntary functionality guarantee of 28 days on all items. This begins upon receipt of the item. We do not give any further guarantees.

§8 Liability
8.1 Unless otherwise stated in these provisions, we are liable for a breach of contractual and non-contractual obligations in accordance with the relevant legal regulations.

8.2. We are liable for damages – regardless of the legal basis – in the event of intent or gross negligence. In the event of simple negligence, we are only liable
a) for damages resulting from injury to life, body or health,

b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely); In this case, however, our liability is limited to compensation for foreseeable, typically occurring damage. 8.3 The limitations of liability resulting from § 8.2 do not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the goods. The same applies to the buyer's claims under the Product Liability Act.

8.4 Due to a breach of duty that does not consist of a defect, the buyer can only withdraw or terminate the contract if we are responsible for the breach of duty. The buyer's free right of termination (in particular in accordance with Sections 651 and 649 of the German Civil Code) is excluded. Otherwise, the legal requirements and legal consequences apply.

8.5 We are not liable for breaches of duty by commissioned third parties, in particular transport service providers.


§9 Customer obligations

9.1 The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by email. The customer must therefore ensure that the email address he has provided to us is correct, that receipt of emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

9.2 The customer must pay particular attention to providing the correct address and delivery details. Additional costs resulting from inadequate or incorrect information provided by the customer must be borne by the customer.

9.3 As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.

§10 Delivery and delivery times
10.1 We are entitled to make partial deliveries at any time.

10.2 Mentioned by us Shipping times and delivery times are not binding. If we have guaranteed binding deadlines, the following applies: If we cannot meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), we will inform the buyer of this immediately after becoming aware of it and at the same time the expected new one Inform delivery time. If the service is not available within the new delivery period, we are entitled to withdraw from the contract in whole or in part; We will immediately reimburse any consideration already provided by the buyer. A case of non-availability of the service in this sense applies in particular to failure to deliver on time by our supplier if we have concluded a congruent hedging transaction. Our statutory rights of withdrawal and termination as well as the statutory provisions regarding the execution of the contract in the event of an exclusion of the obligation to perform (e.g. impossibility or unreasonableness of the service and/or subsequent performance) remain unaffected. The customer's rights of withdrawal and termination also remain unaffected.


§11 Right of withdrawal
11.1 If the customer is a natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to either their commercial or independent professional activity (consumer), the customer has a right of withdrawal in accordance with Section 312g i. V. m. § 355 BGB.

11.2 Right of withdrawal for sales contracts for goods:

Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period for a sales contract is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In the case of a contract for several goods that you have ordered as part of a single order and which are delivered separately, the cancellation period is fourteen days from the day on which you or a third party designated by you other than the carrier, the last have or have taken possession of the goods. In the case of a contract for the delivery of goods in several partial shipments or pieces, the cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier takes possession of the last partial shipment or last piece have or has. In the case of a contract for the regular delivery of goods over a fixed period, the cancellation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, has or has taken possession of the first goods. To exercise your right of withdrawal, you must contact us
IK Industry GmbH & CO KG, Am Schellberg 26, 41516 Grevenbroich
Telephone: 02182-8969785
Email: info@ik-industry.de
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. You must return the goods to IK Industry GmbH & CO KG, Am Schellberg 26, 41516 Grevenbroich or hand them over on site immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of this contract. The deadline is met if you send or hand over the goods before the deadline of fourteen days has expired. If the goods delivered correspond to those ordered, you will bear the costs of returning the goods. If goods cannot be packaged, we will be happy to inform you about the costs involved and help you with the process. You are only liable for any loss in value of the goods if this loss in value results from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods leading is. End of cancellation policy

11.4 Sample cancellation form
You can cancel your contract by filling out this form and sending it back to us:
To
IK Industry GmbH & CO KG,
Am Schellberg 26, 41516 Grevenbroich
Email: info@ik-industry.de

Revocation
I/we (*) hereby revoke the contract concluded 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 for paper notification)
Date: _______________________________________
(*) Strike out what is not applicable.

11.5 The right of withdrawal against the provider does not apply to the following contracts:
Contracts for the delivery 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 supply of sealed goods which are not suitable for return for health or hygiene reasons if their seal has been removed after delivery,
Contracts for the delivery of goods if, due to their nature, they were inseparably mixed with other goods after delivery,
Contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
Contracts for the delivery of newspapers, magazines or magazines with the exception of subscription contracts,
Contracts where the consumer has expressly requested the entrepreneur to visit him in order to carry out urgent repair or maintenance work; this does not apply to other services provided during the visit that the consumer has not expressly requested, or to goods delivered during the visit that are not necessarily required as spare parts for maintenance or repair.

11.6 If the entire order is canceled, the shipping fee will be fully refunded to the customer. If part of an order is canceled, the shipping fee will only be reimbursed pro rata based on the quantity of items delivered. Shipping costs will not be reimbursed if the customer incurred them additionally because he chose a different type of delivery than the cheapest standard delivery offered by the provider.


§ 12 Choice of law, place of jurisdiction, severability clause
12.1 German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).

12.2 The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

12.3 If the buyer is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive - including international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is our registered office in Grevenbroich-Kapellen. However, we are also entitled to bring legal action at the buyer's general place of jurisdiction.

12.4 Should a provision of these General Terms and Conditions or another part of the contract be invalid or later lose its effectiveness, this should not affect the validity of the remaining provisions. Instead of the ineffective conditions, a regulation that is intended to reflect the original economic purpose should apply.

As of: June 1, 2023

II. Customer information

1. Identity of the seller

IK Industry International GmbH & Co. KG
Managing Director: Mustafa Karatas
At Schellberg. 26
41516 Grevenbroich
Germany
Telephone: 02182 896 9785
Email: info@ik-industry.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform)
ready, available at https://ec.europa.eu/odr.

2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" in our General Terms and Conditions.

3. Contract language ache, contract text storage
3.1. The contract language is German.
3.2. We do not save the complete contract text. Before sending the order, the contract data can be printed out or saved electronically using the browser's print function. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment methods
5.1. The shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless free shipping is guaranteed.
5.2. The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.

6. Delivery conditions
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer. Unless another deadline is specified in the respective offer or under the correspondingly designated button, the goods will be delivered (nationally in Germany) within 3-5 days after the conclusion of the contract (if agreed However, advance payment only after the time of your payment instruction).

7. Liability for defects
Liability for defects is based on the “Warranty” regulation in our General Terms and Conditions.

8. Otherwise, all provisions of our general terms and conditions apply.