General Terms and Conditions (GTC)
1. Scope
1.1 These General Terms and Conditions (GTC) apply to all contracts, deliveries, and other services between IEM GmbH, located at Gewerbepark Brand 42, 52078 Aachen, registered with the Commercial Register of the Local Court of Aachen under HRB 11171, and its customers.
1.2 Deviating or supplementary terms and conditions of the customer shall only become part of the contract if IEM GmbH expressly agrees to their validity in writing.
2. Conclusion of Contract
2.1 The presentation of products or services on the website, in brochures, or other media does not constitute a legally binding offer but a non-binding invitation to submit an order.
2.2 By placing an order, the customer makes a binding offer to contract. The contract is concluded when IEM GmbH accepts the order by means of an express order confirmation or by delivery of the goods.
3. Prices and Terms of Payment
3.1 All prices are exclusive of statutory VAT and any shipping costs, unless otherwise stated.
3.2 Unless otherwise agreed, payment is due immediately upon conclusion of the contract. Payments may be made by bank transfer, direct debit, or other payment methods agreed in the contract.
3.3 In the event of default in payment, IEM GmbH reserves the right to charge default interest at a rate of 9 percentage points above the base rate as well as a dunning fee.
3.4 The customer agrees that IEM GmbH is entitled to assign claims arising from the business relationship to third parties, in particular as part of silent factoring.
3.5 The debtor may only offset or assert rights of retention if their counterclaims are undisputed or legally established. Any further limitation is permissible to the extent allowed by law (§ 307 BGB).
3.6 Payments made by the debtor shall always be credited against the oldest outstanding debt in accordance with § 366 (2) BGB.
3.7 If the debtor is in default with one claim, IEM GmbH is entitled to declare all other outstanding claims against this debtor immediately due.
3.8 The debtor shall bear all fees, costs, and expenses incurred by IEM GmbH or a third party to whom claims have been assigned in connection with successful debt collection proceedings outside the Federal Republic of Germany.
4. Delivery and Transfer of Risk
4.1 Delivery shall be made to the address specified by the customer.
4.2 The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest upon delivery. In the case of mail order purchases, the risk shall pass upon delivery of the goods to the carrier or other person designated to carry out the shipment.
5. Retention of Title
5.1 The delivered goods remain the property of IEM GmbH until full payment of all claims arising from the business relationship has been received.
5.2 The customer is obliged to treat the goods with care and to inform IEM GmbH immediately of any third-party access to the goods subject to retention of title.
6. Right of Withdrawal
6.1 Consumers within the meaning of § 13 BGB have a statutory right of withdrawal. The withdrawal period is 14 days from the day on which the consumer or a third party designated by them has taken possession of the goods.
6.2 To exercise the right of withdrawal, the consumer must inform IEM GmbH by means of a clear statement (e.g., by letter or email) of their decision to withdraw from the contract.
7. Warranty and Liability
7.1 The statutory warranty rights apply. The limitation period for warranty claims against entrepreneurs is reduced to one year from delivery.
7.2 IEM GmbH is fully liable for intent and gross negligence as well as for injury to life, body, or health. In the case of simple negligence, IEM GmbH is only liable for the breach of essential contractual obligations (cardinal obligations).
7.3 Any further liability is excluded.
8. Data Protection
The processing of personal data of the customer is carried out in accordance with the General Data Protection Regulation (GDPR) and the privacy policy of IEM GmbH. Further information is available on the website of IEM GmbH.
9. Final Provisions
9.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
9.2 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a regulation shall apply that comes closest to the economic purpose of the invalid provision.
9.3 The place of jurisdiction, to the extent legally permissible, is the registered office of IEM GmbH.
Imprint
Information
IEM GmbH
Gewerbepark Brand 42
52078 Aachen
Germany
(Do not return equipment and units for repair to this address. See the "Contact us"-page)
Commercial register: HRB 11171
Registration court: Local court of Aachen
Managing Director: Thomas Korth
Contact
Phone: +49 241-41259-300
Fax: +49 241-41259-311
Email: info@iem.de
VAT ID
VAT identification number pursuant to Section 27 of the German Value-Added Tax Act: DE159815641
Dispute resolution
The European Commission offers an Online Dispute Resolution (ODR) platform:
https://ec.europa.eu/consumers/odr.Our e-mail address can be found above in the
imprint.
We are not willing or required to participate in dispute resolution proceedings
before a consumer arbitration body https://ec.europa.eu/consumers/odr .
Liability for content
As a service provider, we are responsible for our own content on these pages in accordance with general legislation. According to §§ 8 to 10 TMG, however, we are not obliged as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.
This does not affect our obligations to remove or prevent the use of information in accordance with general legislation. However, any liability on our part in this connection may only be accepted from such a time as the specific legal breach becomes known. Once we become aware of any such legal breach, we will immediately remove the relevant content.
Liability for links
Our service includes links to external third-party websites, the content of which we have no influence over. For this reason we are unable to accept liability for this external content. The respective providers of operators of third-party websites are always responsible for the content of those linked websites. Linked websites were reviewed at the time the link was inserted for any potential legal breaches. At the time the link was inserted, no illegal content was apparent.
It is, however, unreasonable to expect constant review of content on linked pages without specific indication of a legal breach. Once we become aware of any legal breach, we will immediately remove the relevant links.
Copyright
The content and works created by the website operator on this website are subject to German copyright law. Reproduction, modification, distribution or any type of exploitation beyond uses granted by copyright law require the written consent of the respective author or creator. Downloads and copies of this website are permitted only for private, non-commercial use.
Where the content on this page has not been created by the operator, the copyright of the relevant third parties has been observed. In particular, content from third parties is labelled as such. Should you become aware of a copyright violation nonetheless, please let us know. Once we become aware of any legal breach, we will immediately remove the relevant content.