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Conditions of Use

Table of Contents:

    
§ 1 Scope, Definitions
    
§ 2 Contract
    
§ 3 of unavailability
    
§ 4 Prices and Free Shipping
    
§ 5 Payment, payment and default
    
§ 6 Offsetting, assignment and retention
    
§ 7 Delivery and complain
    
§ 8 Retention of title
    
§ 9 Withdrawal
    
§ 10 Warranty
    
§ 11 limitation period
    
§ 12 Liability for damages
    
§ 13 Use of Data
    
§ 14 of packaging material, batteries
    
§ 15 Miscellaneous
    
Provider

§ 1 Scope, Definitions

1.1

These terms and conditions apply to all orders in Intellihome Automation GmbH hereinafter "Intellihome", which shall be made by consumers or businesses over the Internet portals, or in any other form. For telephone contracts of consumers to be bound by these Terms and Conditions will be noted, the conduct of business, these Terms and Conditions for the ongoing business relationship to be included in the initial order.

2.1

Consumer means any natural person who enters into a transaction for a purpose that is neither commercial nor its independent vocational activity may be attributed. Entrepreneur is a natural or legal person or a legal partnership, in concluding a legal transaction in their commercial or independent professional activity, a legal partnership is a partnership, which is equipped with the ability to acquire rights and incur liabilities.

§ 2 Contract

2.1

The presentation of products in the shop is not a binding offer, but a suggested retail product presentation dar. an order in the webshop Intellihome the purchaser must:
1) item to the shopping cart;
2) Delivery and payment data type;
3) E-mail information to the customer by e-mail about his right / right of return
       
can be informed;
4) confirm the correctness of the identification page of your data
5) at the end click on the button "send order".

The ordering process and the contract is made exclusively in German. With "Send Order" button, the click of a binding order of the purchaser in the basket containing goods from. We acknowledge receipt of the order to the customer immediately by e-mail. The order represents an offer to enter into a contract dar Intellihome The buyer is bound to offer his explanation for 14 days. Within this timeframe may Intellihome explain the acceptance of the offer. The acceptance of the offer is basically the delivery of the goods or, exceptionally, by Intellihome the purchaser in any other way - confirmed the appointment in writing binding - for example, by an order confirmation via e-mail, and auto Bestellstätigungsmail regarding the receipt of the order is not an acceptance in above Sense. Our delivery is made within the offer period of commitment of the customer, ie within 14 days. Should the delivery be made an exception only after the expiry of 14 days, the purchaser is not bound by his order, it was because the shop was noted for each product on a possible delivery delays. Otherwise, after the expiry of 14 days taking place goods delivered a new offer to conclude a contract, the buyer may accept such offer implied by receiving and putting into use, or explicitly; Intellihome waived this regard to the declaration of acceptance (§ 151 BGB).

2.2

The contract will not be saved. It can be printed before sending the order. The order data are stored, however, are not callable via the Internet.

2.3

An order may be made by phone or fax. In the telephone order, the ordering is made available for inspection on these terms Intellihome website, on request, it will be sent to these terms and conditions in writing. When ordering by fax, the Buyer the terms and conditions will be sent by fax.

2.4

If the purchaser is an entrepreneur, is subject to, as otherwise agreed in individual cases, according to a preliminary agreement initially concluded § 2.1. Intellihome is initially only required to make efforts to ensure sufficient supplies and, if necessary, contact the supplier. The entrepreneur is initially only obligated to notify Intellihome, a distancing from the stand at the end of the (future) contract is concluded, at least three days notice in writing. The preliminary develops a two-week binding. If Intellihome the goods within the two-week period provides or delivers, not a declaration under clause 3 Intellihome at this point is approached, is the main contract automatically.

2.5

If the offer Intellihome to changing conditions, eg a different price assumed, this assumption as an offer to enter into a modified contract rate (§ 150 II BGB). Intellihome will notify the customer immediately after the appointment in writing to the modified offer. A consumer has the option in this case, the offer within 14 days, expressed or implied, by such unquestioning acceptance of goods or by e-mail to accept. Intellihome waived insofar as a declaration of acceptance of the buyer (§ 151 BGB). If the purchaser is an entrepreneur and the modified offer statement not within 3 days of receipt contrary, the offer is accepted, unless that Intellihome not count because of a significant deviation from the original order with an acceptance of the modified bid was allowed.

6.2

A contract will not apply if an offer of Intellihome obvious clerical errors or other false document containing the information relating to the properties or the price of the product. Intellihome the purchaser must prove that it is a typographical error or an incorrect statement. If the purchaser is a consumer, Intellihome responsible for all quality specifications in accordance with § 3 BGB 434 I fully, especially the consumer may rely on the accuracy of the web sites listed under § 1.1-made product information.

§ 3 of unavailability

1.3

Each offer is subject to self-supply, if the ordered goods are not available because Intellihome of contract does not supply unpredictable and through no fault of his supplier, Intellihome has the right to withdraw from the contract. In this case Intellihome will immediately inform the customer about the fact that a shipment is not possible, and to report to possibly purchase price paid promptly. For consumers this right exists only if Intellihome has completed a specific coverage of business and became the supplier fails to deliver a surprise.

2.3

A liability for damages for non-compliance is impossible, if Intellihome regarding the lack of availability has not acted with gross negligence or intentionally, any liability for pre-contractual fault (cic) remains unaffected. The consumers are in the case of a wrong delivery as defined in § 434 III BGB statutory rights without restriction.

§ 4 Prices and Free Shipping

4.1

The prices listed are retail prices including the applicable rate of 20%. Inadvertent incorrect awards are possible; binding is clearly not on the Internet portals or otherwise excellent, but the assumption was confirmed in the Declaration of Intellihome price. The price was excellent by more than 20% of the market price differ, the Purchaser may not meet the obligation of further inquiry as to the accuracy of the winning price.

2.4

We deliver to Austria and other European countries. For shipping we charge a shipping fee. This complies with the applicable shipping cost is displayed before the table and sending the order. When shipping to non-EU countries (eg Switzerland or Norway) also fall in customs clearance that are not included in the flat-rate shipping costs!

In a dispatch to different islands additional costs will be calculated, which are also subject to the following shipping table.

The shipping cost by DHL parcel post or divided as follows:
* Zone 1 Austria

 

 

 

 

 

 

 
Shipping costs € 6.90
2 for packets meters and the goods are not suitable for parcel shipping will automatically display the shipping forwarder.
 
The dispatch by carrier costs 39, - €.
 
* Zone 2 Belgium-Netherlands-Luxembourg, Austria and Liechtenstein-Denmark
Shipping costs 9,90 €
 
* Zone 3 Czech Republic-Poland-Slovakia-Slovenia-Hungary
Shipping costs € 17.90
 
* Zone 4 France-Britain-Italy-Sweden
Shipping costs € 17.90
 
* Zone 5 Spain-Finland
Shipping costs € 24.90
 
* Zone 6 Portugal-Estonia-Latvia-Lithuania-Norway
Shipping costs € 26.90
 
* Zone 7 Monaco-Ireland-Switzerland-Romania-Bulgaria
Shipping costs € 32.90
 
* Zone 8 Cyprus (Greece), Greece
Shipping costs € 52.50
 
Additionally (not included in the shipping costs)
 

Balearic € 20.88
Canaries € 81.20
Madeira € 30.16
Azores € 30.16
Canal / Offshore € 16.24
Northern Ireland € 16.24
German islands € 8.90

4.3 Kostentragungsvereinbarung

Exercise your right of revocation (Section 9.3) use, you have to pay the regular cost of the return if the delivered goods ordered and if the price of the item to be returned of not exceeding 40 euros or if you are at a higher price have provided the thing at the time of the revocation yet the return or a contractually agreed partial payment. Otherwise, the return is free of charge.

§ 5 Payment, payment and default

1.5

The purchase price for the goods and the shipment is immediately due and payable in advance, direct debit, credit card (MasterCard, Visa), PayPal, or by cash when picking up the goods at the company headquarters. For payments by credit card and Paypal payments borne by the purchaser 2.50% of Zahlungsartkosten.

 

 

 

 
2.5
By providing the credit card number / account number in order Intellihome is authorized to collect the purchase price amount from the customer in the order specified credit card account / checking account, any bank charges as a result of failure of a money order because of insufficient funds of the account the customer has to bear. For permission to direct debit the money is immediately debited from us. A preliminary examination of whether the goods are in stock is not.
 
5.3

The payment obligation shall be due no later than upon delivery of the goods to the buyer.

Intellihome is entitled to effect partial deliveries, the purchase price will be paid pro rata according to the partial delivery. The delivery of goods is an accounting document. The invoice amount is payable in one lump sum. After 30 days from proper receipt of the goods with the invoice the customer is automatically in default of payment (§ 286 III BGB), which applies to a consumer only if sufficient warning in the respective accounts. The statutory provisions governing the consequences of default.

5.3

Intellihome in the case of late payment after lapse of time without the right to withdraw.

4.5

The purchaser shall be liable for any delay during the payment and negligence for the accidental loss of, or made ready for Intellihome already delivered goods (§ 287 BGB). If the Purchaser duly delivered goods are not to - do without in the case of consumer goods of a possible revocation or right of return - he owed in the event of such default in particular, the resulting additional costs, such as the multiple as a result of Zustellversuchs potential additional shipping costs or any Verwahrkosten, administrative costs, etc. (§ 304 BGB); Intellihome is responsible not accept delivery from simple negligence (§ 300 BGB). Default of acceptance exists in particular if the customer has agreed to specific performance date at the specified delivery address is not personally encountered. If the buyer refuses to accept unjustified seriously and finally can withdraw from the contract and make Intellihome in particular the loss of business profits as compensation (§ 325 BGB).
§ 6 Offsetting, assignment and retention

1.6

A right to offset the buyer only if his counterclaims have been legally established, or are ready for decision by Intellihome not be denied.

6.2

The assignment of a claim against the purchaser Intellihome is valid only with the consent or approval of Intellihome; § 354a HGB remains unaffected.

3.6

To exercise a lien, the customer insofar as his counterclaim is based on the same contract.

 

 

 

 

 

 

 
 
§ 7 Delivery and complain

1.7

The delivery to the customer's delivery address. If the purchaser is an entrepreneur, the risk is delivery of the item to the shipping agent or otherwise to send certain person (§ 447 BGB), if the customer is consumer, the risk of accidental loss and accidental deterioration shall pass only upon delivery of the item to the buyer or from the date of default of acceptance of (§ 474 II BGB).

7.2

Intellihome strives to deliver the goods as soon as possible, delivery dates are always subject to timely and adequate self-supply in accordance with § 3.1. Subject to the primacy of individual agreements are detectable in doubt only in writing agreed delivery dates are binding.

7.3

Intellihome may sell the goods given by a debt-discharging encountered in the home of the purchaser or a person close neighbors of the purchaser. These persons are not entitled to open the shipping package.

4.7

The buyer must inspect the goods immediately after delivery to the quality and quantity point. The consumer's rights under § § 434 ff BGB are not limited to a breach of this obligation, the breach of obligation can in some cases, however, the contributory negligence of the consumer according to § 254 BGB grow. The entrepreneur has obvious defects immediately reported immediately upon delivery of the goods and discovery of latent defects after discovery or objective way. The applicability of § 377 HGB remains unaffected.

7.5

If the purchaser is an entrepreneur, after appropriate consultation, the possibility of direct delivery of the goods is to its customers. If these customers are consumers, they arise in the contractual relationship between Intellihome and the contractor also is a recipient authorized representative of the contractor, in particular, you take the place of the entrepreneur's duty of notice pursuant to § 7.4, the rights of consumers to their respective parties remain by this provision .

§ 8 Retention of title

1.8

The delivered goods until full payment is owned by Intellihome. The same applies to objects that come within the scope of repair or other installation contracts. The legal ownership rights under § § 946 ff BGB remain unaffected, and the unauthorized purchaser is appropriate for the restitution of the installed component required. The retention of title shall also apply to all claims against the Intellihome Purchaser in connection with its goods or services acquired subsequently. Up to fulfill the demands from the reservation must by the reservation of title goods covered sold no further, rented, lent or given away and will not be given to third parties for repair, without prejudice the right of the consumer remains to correct the defect in case of default by Intellihome with the legally due rectification. If not for the buyer's obligations due from the reservation, after reasonable notice Intellihome may rescind the contract and the reserved goods require the purchaser and the seller can out period under settlement on his claim to privately sell the goods. All costs of collection and utilization of the reserved goods by the purchaser.

BEGINNING OF REVOCATION

§ 9 Withdrawal

1.9 Withdrawal (General / eCommerce)

You can cancel your contract within 14 days without giving any reasons in text form (eg letter, fax, e-mail) or - if the goods are delivered before the deadline - by returning the goods. The time limit begins after receipt of this notice in written form, but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first installment, not prior to closing and did not fulfill our obligations under Article 246 § 2 in connection with § 1 paragraphs 1 and 2 draft Law, as well as our obligations in accordance with § 312e Section 1 Clause 1 BGB in conjunction with Article 246 § 3 BGB.
The revocation period is sufficient to send the revocation or the thing.

The revocation must be sent to:
Intellihome Automatisierungstechni Ltd.
represented by its Managing Director,
Mr. Günter Fuchs
 
Fladnitz 150
 
A-8322 Studenzen

 
 
E-mail: office@Intellihome.at
 

9.2 Consequences of revocation:
In the case of an effective withdrawal, the mutually received benefits and any benefits (eg interest) surrendered. Can you give us the performance received whole or in part, only in a deteriorated condition, you must pay us compensation for the value.
 
For contracts relating to services can lead to the fact that the contractual payment obligations for the period up to the revocation must nevertheless comply.
 
With the release of things this does not apply if the deterioration is exclusively due to its inspection - as they would in a retail store - is due. In addition, you can avoid the obligation to pay compensation for a purpose by putting the matter degradation caused by the goods as your property and avoid anything that could reduce its value.
 
Transportable items are to be returned at our risk. You have to bear the costs of return if the delivered goods ordered and if the price of the item to be returned of not exceeding 40 euros or if you are at a higher price of the goods are not at the time of full payment or a contractually agreed part payment provided. Otherwise, the return is free of charge.
 
Not parcel things are picked up.
 
Obligations to make payments, we must be fulfilled within 30 days. The period begins with the dispatch of the notice of revocation or the thing for us upon receipt.
 
3.9 Special notes:
Your right of cancellation expires prematurely during a service, when both sides met in full on your specific request, unless you have exercised your right of cancellation.
9.4 Transactions paid
 
If you have financed the contract with a loan and you cancel the financed contract, you are also tied to the loan agreement no longer, if both contracts form an economic unit. This is assumed in particular if we are also your lender or your lender in terms of the financing involved us.
If we make the loan when the withdrawal becomes effective or the return has already been paid, your lender occurs in relation to you regarding the effects of withdrawal or return our rights and obligations under the contract financed.
 
The latter does not apply if the present contract is the purchase of financial instruments (eg securities, currencies or derivatives) as its object.
 
Do you want to avoid a contractual obligation to the extent possible, revoke the contract separately both explanations.

 

END OF REVOCATION
When returning goods, please contact our service at any time. We can send you free parcel postage for the return or advise you on the right package selections.
§ 10 Warranty

1.10

If the purchaser is a consumer, shall - subject to the liability agreement pursuant to § 13 - the statutory provisions (§ § 434 et seq, 474 et seq).

2.10

A faulty product prior to delivery (warranty claim) will replace Intellihome initially at their own expense with an equivalent product or let repaired properly (§ 439 BGB). If the statutory requirements, the customer - subject to the limitation under § 13 - further rights under § 437 BGB, No. 1-3.
A warranty claim is not available in the following cases:

for damages incurred by the purchaser due to abuse or misuse, provided this was not a faulty installation instructions are based on damage caused by the fact that the products have been exposed to the purchaser harmful external influences (particularly extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire). Intellihome does not warrant the error that is not caused by improper maintenance by a manufacturer authorized service partner.

3.10

Both for the case of legitimate repair request and for the case of the legitimate request of the replacement buyer is obliged to repair the defective product at the expense of Intellihome to the specified return address (§ 9.1) - to send - if possible quoting the order number. Before sending the customer should in the interest of him pasted objects (such as chips or cards) from the product removed. Intellihome is not obliged to inspect the product to the installation of such items back. For the loss of such items shall be liable Intellihome not, unless it was seen in case of withdrawal of the product for Intellihome will readily appreciate that such an object has been inserted into the product, in which case the purchaser informed Intellihome and holds the object to be fetched . The purchaser, before sending a product for repair or replacement, if necessary to create separate backup copies of software found on the device system, the applications and all data on a separate disk and disable all passwords. Likewise, it is incumbent upon the buyer, after him the repaired or replacement product has been returned to install the software and data, and to reactivate the passwords. Sends the buyer the goods one to get a replacement product, it may have been played by him and other software, data and passwords on the product sent by him to delete. Should it be found in product research, that there is a clearly unfounded complaint, the customer Intellihome to pay compensation amount of a lump sum of € 40.00, two contracting parties reserve the right to prove lesser or greater expense in individual cases have been incurred. With consumers remains the burden of proof of § 476 BGB. If there actually a case of warranty, the customer will reimburse the Intellihome shipping costs incurred immediately after completion of the remedy (§ 439 II BGB).

4.10

Sends the buyer the goods one to get a replacement product, is the return of the defective product according to the following conditions: Could If the buyer the goods between supply and return to use in poor condition, he has to repay the value of the use derived by (§ 439 BGB IV). Each partial month usage time is a flat rate user fee in the amount of 4% of the purchase price of the purchased goods replaced; the purchaser can not use a lower compensation unaffected.

5.10

The resignation is only in the event of a material deficiency is possible (§ 323 BGB V), there are also claims for damages for consumers - only in accordance with § 13 (§ 475 III BGB).

6.10

In addition, for products delivered within the Federal Republic of Germany products may also claim against the manufacturer under which benefit from this (contractual) warranty, if any, which are governed by the applicable warranty conditions.

§ 11 limitation period

1.11

The statutory warranty to end consumers with new things for two years from the passing of risk and used items at 1 year after the transfer of risk. If the buyer is an entrepreneur, there is also new thing for a warranty period of one year from the transfer of risk.

2.11

If the purchaser is a consumer, the limitation period begins with the receipt of the goods for entrepreneurs with goods delivery or handover to run the shipping company. Through an optionally granted by the manufacturer guarantee the limitation period under § 12.1 is not extended.

§ 12 Liability for damages

1.12

Intellihome liable for gross negligence and willful breaches of duty, and for bodily injury caused by simple negligence. If the purchaser is an entrepreneur, the liability for non-intentional acts on the limits of contract typically foreseeable damage.

2.12

Intellihome liable for slight negligence only for breach of contractual obligations and is limited to the foreseeable damage of contract. This limitation does not apply to injury to life and limb. For other ordinary negligence by a deficiency of the purchased goods caused damage Intellihome not liable. Any liability for pre-contractual fault (cic) or remain unaffected under the Product Liability Act.

3.12

Regardless of any fault of Intellihome remains a potential liability for fraudulent concealment of a defect or for the provision of a guarantee or warranty. The warranty is a guarantee by the manufacturer and does not constitute a warranty by dar. Intellihome

4.12

Intellihome is also responsible for during the delay may occur by chance impossibility of delivery, unless the damage would have occurred even with timely delivery.

§ 13 Use of Data

1.13
All personal data is kept in strict confidence Intellihome. Our Privacy Policy complies with the Federal Data Protection Act (Act) and the Telemedia Act (TMG). Personal customer information solely to process the orders given to third parties. Only the most necessary information is given to the service provider, the distributor and package courier service or more. There is always the possibility of free information about the stored data about themselves and ask to delete, amend or terminate for purposes of advertising can be.

§ 14 of packaging material, batteries
1.14
 
Intellihome gem is as a distributor. § 6 § 1 of the Ordinance (Packaging Ordinance) is commit

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