TERMS & CONDITIONS
1. MISCELLANEOUS – AREA OF APPLICATION
1.1 The General Terms and Conditions apply to the business relations between INUIKII AG, Otto-Schütz-Weg 3, CH-8050 Zurich/Switzerland ("INUIKII") and the Customer ("Customer) relating to transactions made in the Online Store (shop.inuikii.com), in the version applicable on the date of the respective order.
1.2 Deviating terms and conditions of the Customer are not permitted, unless explicitly agreed upon in the respective case in writing.
1.3 The Online Store is intended exclusively for adult customers who have their habitual place of residence, delivery and billing address in Germany, Denmark, France, Belgium, Holland, Luxembourg, United Kingdom, Italy, Austria, Spain, Sweden, or the USA as defined in the statutory provisions (Section 13 of the German Civil Code). A consumer is any natural person who enters into a legal transaction for purposes that can be primarily attributed neither to their commercial nor to their independent professional activity.
2. PRODUCT PRESENTATION / ORDER PROCESSING / CONTRACT CONCLUSION
2.1 PRODUCT PRESENTATION
2.1.1 The presentation of products in the INUIKII Online Store does not constitute a legally binding offer; it is a non-binding offer to place a purchase order.
2.1.2 Please note that the actual colours of the items can differ from the presentation in the Online Store. In addition, please note that INUIKKI Boots are typically 0.5 to 1 size bigger than those of other European manufacturers.
2.1.3 Unless expressly stated otherwise in the item description, all items will be delivered without any decorations.
2.2 ORDERING PROCEDURE
2.2.1 The Customer can select products from the product range of the Online Store, add them to the shopping cart, and go through the ordering steps.
2.2.2 Before sending of the final order, you have the possibility to check your data and product selection in an order overview and, if necessary, correct them.
2.2.3 By clicking the BUY button, you are placing a binding order for the items contained in the shopping cart. Receipt of the order is confirmed via email immediately after sending the order and does not constitute a contract acceptance by INUIKII.
2.2.4 A purchase order is deemed concluded once we have dispatched the items ordered and sent you a shipment confirmation via email.
2.2.5 No purchase order is deemed concluded for the items that are not included in the shipment confirmation. This may also affect items displayed in the Online Store, which are either unavailable or out of stock on the date of placing an order.
2.3 CONTRACT CONCLUSION
2.3.1 The contract requisite for the completion of purchase shall be concluded in English, governed by German law, including these General Terms and Conditions, whereby the English version shall prevail. The text of the contract shall be stored by INUIKII in compliance with the data privacy provisions. The Customer can view his or her current order as well as order history in his/her personal customer account under "Your orders".
2.3.2 INUIKII is entitled not to accept orders placed through the INUIKII Store at its own discretion. The INUIKII Online Store shall notify the Customer immediately if his/her online order cannot be executed.
3. PRICES / TERMS OF PAYMENT / RETENTION OF TITLE
3.1 All prices in the INUIKII Online Store are quoted in EURO and are inclusive of the statutory value added tax applicable on the date of placing the order, plus shipping costs. The item prices shall be the prices listed in the Online Store on the date of placing the order.
3.2 INUIKII accepts the listed payment methods, such as payment by credit card, as part of the ordering procedure.
3.3 MasterCard and Visa are accepted.
3.4 When you buy with your credit card, the amount will be debited from your credit card upon shipment of the items ordered.
3.5 INUIKII reserves the right to retain ownership of shipped items until the complete purchase price has been received.
4. ORDER FULFILMENT
Your order will be fulfilled by our E-Fulfilment Partner:
SAUERBREI LOGISTICS GMBH
5.1 All details regarding availability, shipping or delivery of a product are only anticipated details, and are to be taken as approximate reference values. They do not constitute legally binding and/or guaranteed shipping or delivery dates. In so far as it is established by INUIKKI as at the order date that the products ordered are not available, the Customer will be notified separately via e-mail. No contract shall be made for the goods which are unavailable.
5.2 Unless otherwise agreed, delivery shall be made to the delivery address indicated by the purchaser, through the shipping method selected by the Customer.
5.3 Shipment (standard shipment and express shipment) shall be made by the logistics partner: UPS – United Parcel Service (www.ups.com)
5.4 Standard shipment: Items purchased in the INUIKII Online Store will be shipped free of charge within Germany. Unless otherwise stated, the delivery period within Germany is 2 or 3 business days following order confirmation. For all other countries, the shipping fee for a pair shall be EUR 10.00, and EUR 30.00 for the USA. If more than one pair is ordered, the shipping fee shall increase, as indicated in the electronic order procedure.
Shipment outside Europe can take up to 14 days. Any duties, taxes and charges incurred for shipment outside Europe shall be borne by the Purchaser. INUIKKI will advise the Purchaser of any additional costs, if these are known or foreseeable during the order placement.
5.5 The delivery period shall be extended in the event of strikes and lock-outs, as well as the occurrence of unforeseeable obstacles, which are beyond the control of INUIKKI, e.g. breakdowns, delays in the delivery of essential materials, in so far as such obstacles demonstrably have a considerable influence on the delivery of the item. This shall also apply if subcontractors are subject to said circumstances. Due date of delivery shall be prolonged in the same measure needed to overcome such incidences and hindrances.
6. SPECIAL OFFERS AND PRICE REDUCTION
6.1 Campaign vouchers are vouchers issued for promotional purposes, which cannot be purchased. Furthermore, vouchers may have a fixed validity period and/or only apply from a defined minimum order value (after return).
6.2 Campaign vouchers are subject to the terms and conditions set out in the vouchers apply, in the e-mail campaigns, or those specified on the appropriate websites.
6.3 If a campaign voucher has a minimum order value, it may not be less than the voucher discount and returns after deduction. If the minimum order value is undershot, the difference of the minimum order value will be offset with the returned amount.
6.4 It is not possible to combine more than one voucher at a time.
6.5 Unless otherwise stated, a voucher can be redeemed once per person.
6.6 Separate price reductions, such as sale campaigns or reductions of a particular product group, will take place within a fixed period of time. Items that were ordered before said time period cannot be subject to subsequent reductions.
7. RIGHT OF RETURN
7.1 All goods purchased in the INUIKII Online Store can be returned by the Customer at his/her own expense within 14 days, together with the enclosed form, taking into account all required information, as well as all products (unused) and in the original condition, to the following address:
SAUERBREI LOGISTICS GMBH
7.2 The form attached to the order is to be filled out and enclosed to the order. This is also true for exercising the right of withdrawal. The data provided shall be complete and legible: Name, address, telephone, e-mail, bank account (for repayments), reason for complaint.
7.3 The goods to be returned must be complete, unused and undamaged, including labels and original packaging.
If an item you have purchased in the INUIKII Online Store is defective, you can, of course, sent a complaint to us within a legal warranty period. This also applies to reduced items. Goods shall be sent together with a invoice copy, the form on which you briefly explain the defect, at your expense to the following address:
SAUERBREI LOGISTICS GMBH
Please send the goods in original packaging to the aforementioned address.
For further queries, feel free to contact your INUIKII customer service at email@example.com.
9. NOTICE OF CANCELLATION
9.1. The Customer is entitled to cancel the contract declaration within a fortnight without stating reasons. The period of cancellation shall commence on the day on which the goods are picked up by the Customer or by a third person commissioned by the customer.
9.2. In order to exercise the right of cancellation, the Customer shall notify INUIKII through a clear statement in the form of a letter sent to
C/O Service INUIKII Onlinestore
or by an e-mail sent to: firstname.lastname@example.org.
The following sample revocation form can be used for this purpose; however, this is not mandatory. You can use the sample form or another clear statement. A timely dispatch of the notice for exercising the right of revocation shall suffice for compliance with the cancellation period. Sample cancellation form:
C/O Service INUIKII Onlinestore
Or via e-mail to: service@INUIKII.com
— I/we herewith withdraw from the contract concluded by me/us regarding the purchase of the following goods
— Ordered (*)/received on:
— Name of the Customer(s) who released the order
— Address of the customer(s) to whom the package was sent
— Signature of the customer(s) (for written notice only)
9.3 Consequences of cancellation
In the event of a cancellation of the contract, INUIKII shall, within a time period of 14 days, return all payments received from the Purchaser, 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 standard shipment offered by us). The time period shall commence upon receipt of the notice of cancellation by INUIKII. Funds will be repaid using the payment method chosen by the Customer for the original transaction.
9.3.1 Repayment of funds may be refused until INUIKII has received the goods back. The goods must be returned to INUIKII immediately and no later than within fourteen days from the date on which the customer notified INUIKII of the cancellation of the contract.
9.3.2 You will assume all direct costs incurred for return shipment of the goods.
9.3.3 You will be obligated to provide indemnification for any impairment of the goods’ value only if such impairment of value is attributable to your handling of the goods beyond the extent necessary to verify the goods’ condition, characteristics, or functionality.
10.1 If goods are delivered with obvious damage to the packaging or the contents, the Customer, without prejudice to his/her warranty rights, has to submit an immediate complaint to the respective shipping company and to refuse acceptance, as well as immediately contact the customer service of INUIKII.
via e-mail to service@INUIKII.com
or call +41 44 862 61 18
or by post to:
C/O Service INUIKII Onlinestore
so that INUIKII can press its liability claims against the respective shipping company.
10.2 The risk passes over to the Purchaser with acceptance of the delivery item.
10.3 Warranty coverage for defects shall be governed by the applicable legal provisions. This shall apply regardless of the right of withdrawal referred to in Section 9. The period of limitation for statutory defects claims shall be two years, starting from delivery of goods.
11.1 In all contractual and non-contractual cases, INUIKII shall be held liable for wilful intent and gross negligence; in the event of simple negligence, only for damages resulting from injury to life and limb, health or any material contractual obligation.
11.2 Material contractual obligation is the obligation which has to be fulfilled for proper performance of the contract, and the compliance with which the contractual partner may rely upon. Failure to comply with this obligation shall limit the liability of INUIKII to the replacement of a foreseeable, typically occurring damage.
11.3 The liability limitations resulting from the above shall not apply insofar as we have maliciously concealed a defect or have assumed a guarantee for the quality of goods. The same applies to the Customer's claims under the Product Liability Act.
12. DISCLAIMER FOR EXTERNAL LINKS
12.1 Our website may contain links to external web pages of other suppliers on whose contents we have no influence. Therefore, INUIKII does not assume any liability for the contents of the links. The respective service provider or operator of the sites is always responsible for the contents of linked sites.
12.2 However, it is not possible to continuously check the content of these linked sites and it is therefore unreasonable to assume an infringement without a specific indication of such. In the event that we become aware of any legal violations we will remove such links immediately.
13. DATA PRIVACY
INUIKII attaches great importance to the application of legal data processing, which aims to protect your personal data (see Data Privacy).
14. APPLICABLE LAW AND PLACE OF JURISDICTION
14.1 Should any individual provision of these GTC be of no effect or become ineffective, this shall not affect the validity of the remaining provisions. The ineffective provision or an omission of the GTC shall be replaced by an appropriate provision which most closely approximates to the sense and purpose of the ineffective provision.
14.2 All agreements are exclusively subject to German law, with explicit exclusion of the UN Convention on Contracts for the International Sale of Goods. This is without prejudice to the statutory provisions concerning restrictions on governing law and the applicability of mandatory regulations in the country in which the Customer has his/her common place of residence.
14.3 The contract shall be made in English, even through the General Terms and Conditions are also translated into other languages.
14.4 The following regulations apply to the legal venue.
15. CUSTOMER SERVICE
INUIKII attaches great importance to your satisfaction. Feel free to contact our customer service for any queries pertaining to the Online Store, as well as questions concerning these General Terms and Conditions:
+41 44 862 61 18
We will endeavour to process your enquiry as quickly as possible.
16. WEBSITE PROVIDER
The website available under the domain https.//shop.inuikii.com is operated by:
INUIKII reserves the right to amend these General Terms and Conditions accordingly.
Last version: November 2016