Terms and conditions

I. Terms and conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (ITAA-System GmbH) via the website itaa-system.de. Unless otherwise agreed, we object to the inclusion of any terms of your own that you may use.

(2) For the purposes of the following provisions, a consumer is any natural person who concludes a legal transaction for purposes that can be attributed neither predominantly to their commercial nor to their self-employed professional activity. A business customer (Unternehmer) is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject matter of the contract is the sale of goods and/or the provision of installation services.

(2) By listing the relevant product on our website, we make you a binding offer to conclude a contract via the online basket system on the terms stated in the item description.

(3) The contract is concluded via the online basket system as follows:
The goods you intend to buy are placed in the “basket”. You can open the “basket” using the corresponding button in the navigation bar and make changes there at any time.
After you click the “Checkout” or “Proceed to order” button (or a similar label) and enter your personal details and the payment and shipping terms, the order details are finally displayed to you as an order summary.

If you use an instant payment system as your payment method (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort), you are either taken to the order summary page in our online shop or forwarded to the website of the provider of the instant payment system.
If you are forwarded to the relevant instant payment system, you make the corresponding selection or enter your details there. Finally, the order details are displayed to you as an order summary on the website of the provider of the instant payment system or after you have been returned to our online shop.

Before submitting the order, you have the opportunity to check the details in the order summary again, to change them (also using the “back” function of your internet browser) or to cancel the order.

By submitting the order using the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “order subject to payment”, “pay” / “pay now” or a similar label), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. In response we will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless a different period is stated in the relevant offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place by e-mail, in part automatically. You must therefore make sure that the e-mail address you have given us is correct, that receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

(6) Information on the accessibility of our online shop, in particular on how our services in electronic commerce meet the requirements of the Barrierefreiheitsstärkungsgesetz (BFSG, German Accessibility Improvement Act), can be found in our accessibility statement under the “Accessibility” button. The responsible market surveillance authority is the Marktüberwachungsstelle der Länder für die Barrierefreiheit von Produkten und Dienstleistungen (MLBF AöR), Carl-Miller-Straße 6, 39112 Magdeburg, kontakt@mlbf-barrierefrei.de.

§ 3 Performance of installation services

(1) Where installation services are the subject matter of the contract, we owe the installation work resulting from the service description. We perform it to the best of our knowledge and belief, personally or through third parties.

(2) The services are performed on the agreed dates.

(3) You are obliged to cooperate. In particular, at the time the installation services are performed you must make it possible to enter the premises in a walkable and reasonably safe condition. You are further obliged to provide us, as far as necessary, with electrical power and, where applicable, water. We are entitled to terminate the part of the contract concerning the provision of installation services under § 643 of the German Civil Code (BGB) if you do not comply with your duties to cooperate. For this purpose we set you a reasonable period during which you can make up the necessary cooperation.

(4) If you exercise your right of termination under § 648 sentence 1 BGB, we may demand a flat-rate remuneration of 10% of the agreed remuneration if performance has not yet begun. Where the statutory right of withdrawal exists, however, this applies only if you exercise your right of termination after the withdrawal period has expired. You remain entitled to prove that we actually incurred no costs or substantially lower costs.

§ 4 Special provisions on the payment methods offered

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna in each case:

• Invoice (“Pay Later”): The Klarna invoice terms for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms for the option to extend the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.

The Klarna invoice terms for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice; the terms for the option to extend the payment deadline can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension.

• Instalment purchase (“Financing”): Further information on instalment purchase, including the general terms and conditions and the European Standard Information for Consumer Credit for Germany, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account; the terms for the payment option “Pay in 3 instalments” can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3.

Further information on instalment purchase, including the general terms and conditions and the European Standard Information for Consumer Credit for Austria, can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account; the terms for the payment option “Pay in 3 instalments” can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/paylaterin3.

• Direct debit (“Pay Now”)

• Instant bank transfer (“Sofortüberweisung”, “Pay Now”) Use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit check. To that end, in the course of initiating and performing the purchase contract, we pass on your data to Klarna for the purpose of an address and credit check. Please understand that we can only offer you those payment methods that are permissible on the basis of the results of the credit check.

Further information on Klarna and the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

Further information on Klarna and the Klarna terms of use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.
(2) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method that is offered via “PayPal” / “PayPal Checkout”, payment is processed by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are shown to you under a button labelled accordingly on our website and in the online ordering process. “PayPal” may use further payment services for payment processing; where special payment terms apply to these, you will be notified of them separately. Further information on “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 5 Right of retention, retention of title

(1) You may exercise a right of retention only where it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are a business customer, the following also applies:

a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Before title to the goods subject to retention of title has passed, pledging them or transferring them by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case you hereby assign to us all claims, in the amount of the invoice total, that accrue to you from the resale; we accept the assignment. You remain authorised to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined or mixed, we acquire co-ownership of the new item in the proportion of the invoice value of the goods subject to retention of title to the other items processed at the time of processing.

d) We undertake to release the securities due to us at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is for us to make.

§ 6 Warranty

(1) The statutory rights in respect of defects apply.

(2) As a consumer, you are asked to check the goods on delivery without delay for completeness, obvious defects and transport damage, and to notify us and the carrier of any complaints as soon as possible. If you do not do so, this has no effect on your statutory warranty claims.

(3) Where a characteristic of the goods deviates from the objective requirements, the deviation is deemed agreed only if you were informed of it by us before you made your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) Where you are a business customer, the following applies in derogation from the above warranty provisions:

a) Only our own statements and the manufacturer’s product description are deemed agreed as the quality of the goods, but not other advertising, public claims and statements of the manufacturer.

b) In the case of defects, we provide a warranty, at our choice, by repair or by replacement delivery. If the remedying of the defect fails, you may, at your choice, demand a reduction of the price or withdraw from the contract. The remedying of the defect is deemed to have failed after a second unsuccessful attempt, unless something else follows, in particular, from the nature of the goods or of the defect or from the other circumstances. In the case of repair, we do not have to bear the increased costs incurred by taking the goods to a place other than the place of performance, unless taking them there corresponds to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

• to damage attributable to us caused through fault from injury to life, body or health, and to other damage caused intentionally or through gross negligence;
• where we have fraudulently concealed the defect or have given a guarantee as to the quality of the item;
• to items that have been used, in accordance with their normal manner of use, for a building and have caused its defectiveness;
• to statutory rights of recourse that you have against us in connection with rights in respect of defects.

§ 7 Choice of law, place of performance, jurisdiction

(1) German law applies. In the case of consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence (principle of favourability).

(2) The place of performance for all services under the business relationships existing with us, and the place of jurisdiction, is our registered office, where you are not a consumer but a merchant (Kaufmann), a legal entity under public law or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU, or if your place of residence or habitual residence is not known at the time the action is brought. The right to bring proceedings before the court at another statutory place of jurisdiction is unaffected.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.

II. Customer information