TERMS AND CONDITIONS
Table of Contents
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Shipping and Delivery Conditions
Retention of Title
Warranty
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Alternative Dispute Resolution
1. Scope of Application
1.1
These Terms and Conditions of IMPARI Consulting GmbH (hereinafter referred to as the "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the Seller with regard to the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded unless otherwise agreed.
1.2
These Terms and Conditions shall apply accordingly to the purchase of vouchers unless expressly agreed otherwise.
1.3
These Terms and Conditions shall also apply accordingly to contracts for the delivery of vouchers unless expressly agreed otherwise.
1.4
A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur within the meaning of these Terms and Conditions is any natural or legal person or partnership with legal capacity acting in the exercise of their commercial or independent professional activity when entering into a legal transaction.
1.5
Digital content within the meaning of these Terms and Conditions means all data not supplied on a physical data carrier that is produced in digital form and made available by the Seller under the granting of certain rights of use defined in these Terms and Conditions.
2. Conclusion of Contract
2.1
The product descriptions contained in the Seller's online shop do not constitute binding offers by the Seller but are intended solely to enable the Customer to submit a binding offer.
2.2
The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods and/or services contained in the shopping cart by clicking the button that completes the order process.
2.3
The Seller may accept the Customer's offer within five days:
- by sending the Customer a written order confirmation or an order confirmation in text form such as email, where receipt of the confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, where receipt of the goods by the Customer is decisive, or
- by requesting payment from the Customer after the order has been placed.
If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives first occurs. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
2.4
If the Customer selects "PayPal Express" as the payment method during the ordering process, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg. The PayPal Terms of Use shall apply.
If the Customer does not have a PayPal account, the terms for payments without a PayPal account shall apply.
If the Customer selects "PayPal Express", by clicking the button completing the order process they also issue a payment order to PayPal. In this case, the Seller already declares acceptance of the Customer's offer at the moment the Customer initiates the payment process by clicking the button completing the order process.
2.5
If an order is placed via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form together with these Terms and Conditions after the order has been submitted. In addition, the text of the contract will be stored on the Seller's website and can be accessed by the Customer through their password-protected customer account, provided that the Customer created a customer account before submitting the order.
2.6
Before submitting a binding order via the Seller's online order form, the Customer may detect input errors by carefully reading the information displayed on the screen. A useful technical means of better detecting input errors may be the browser's zoom function, which enlarges the display on the screen.
During the electronic ordering process, the Customer may correct all entered data using the usual keyboard and mouse functions until they click the button completing the ordering process.
2.7
The contract may be concluded in German and English only.
2.8
Order processing and contact generally take place by email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.
3. Right of Withdrawal
3.1
Consumers are entitled to a statutory right of withdrawal.
3.2
Detailed information on the right of withdrawal can be found in the Seller's withdrawal policy.
4. Prices and Payment Terms
4.1
Unless otherwise stated in the Seller's product description, the prices indicated are total prices including statutory VAT. Any additional shipping costs will be stated separately in the respective product description.
4.2
Payment may be made using one of the payment methods specified in the Seller's online shop.
4.3
If advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract unless the parties have agreed a later due date.
4.4
If payment is made using a payment method offered by PayPal, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg in accordance with the PayPal Terms of Use.
If the Customer does not have a PayPal account, the terms for payments without a PayPal account shall apply.
4.5
If the payment method "SOFORT" is selected, payment processing is carried out via SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany. In order to pay the invoice amount via SOFORT, the Customer must have an online banking account activated for participation in SOFORT, identify themselves accordingly during the payment process, and confirm the payment instruction to SOFORT. The payment transaction will be carried out immediately thereafter and the Customer's bank account will be debited accordingly.
5. Shipping and Delivery Conditions
5.1
Goods shall generally be delivered by shipment to the delivery address specified by the Customer unless otherwise agreed. The delivery address stated during the Seller's order processing shall be decisive for the handling of the transaction.
5.2
If the commissioned transport company returns the goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This shall not apply if the Customer effectively exercises their right of withdrawal, if delivery cannot be made due to circumstances for which the Customer is not responsible, or if the Customer was temporarily prevented from accepting the offered service — unless the Seller informed the Customer about the service a reasonable time in advance.
5.3
If the Customer collects the goods themselves, the Seller shall first inform the Customer by email that the goods are ready for collection. After receiving this email, the Customer may collect the goods from the Seller's place of business by arrangement with the Seller. In this case, no shipping costs will be charged.
5.4
Vouchers are provided to the Customer as follows:
- by email
- by post
6. Retention of Title
If the Seller makes advance deliveries, ownership of the delivered goods shall remain with the Seller until full payment of the purchase price owed.
7. Warranty
7.1
If the purchased item is defective, the statutory provisions shall apply.
7.2
Customers are requested to notify the carrier of any obvious transport damage and to inform the Seller accordingly. Failure to comply with this request shall not affect the Customer's statutory or contractual warranty claims.
8. Redemption of Promotional Vouchers
8.1
Vouchers issued free of charge by the Seller as part of promotional campaigns and valid for a specified period of time, which cannot be purchased by the Customer, may only be redeemed in the Seller's online shop and only within the specified period.
8.2
Individual products may be excluded from the voucher promotion if such restriction results from the terms of the promotional voucher.
8.3
Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
8.4
Only one promotional voucher may be redeemed per order.
8.5
The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the Seller.
8.6
If the value of the promotional voucher is insufficient to cover the order, the Customer may choose one of the other payment methods offered by the Seller to pay the difference.
8.7
The balance of a promotional voucher is not paid out in cash and does not bear interest.
8.8
The promotional voucher shall not be refunded if the Customer returns goods paid for in whole or in part with a promotional voucher within the scope of their statutory right of withdrawal.
8.9
The promotional voucher is transferable. The Seller may discharge its obligation by providing performance to the respective holder redeeming the promotional voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent lack of knowledge of the holder's lack of entitlement, legal incapacity, or lack of authority to represent.
9. Redemption of Gift Vouchers
9.1
Vouchers that can be purchased through the Seller's online shop shall be referred to as "Gift Vouchers". These may only be redeemed in the Seller's online shop unless otherwise stated in the voucher.
9.2
Gift vouchers and remaining balances on gift vouchers may be redeemed until the end of the third year following the year of purchase. Remaining balances will be credited to the Customer's voucher account.
9.3
Gift vouchers can only be redeemed before completion of the order process. Subsequent offsetting is not possible.
9.4
Only one gift voucher may be redeemed per order.
9.5
Gift vouchers may only be used to purchase goods and not to purchase other gift vouchers.
9.6
If the value of the gift voucher is insufficient to cover the order, the Customer may choose one of the other payment methods offered by the Seller to pay the difference.
9.7
The balance of a gift voucher is not paid out in cash and does not bear interest.
9.8
Gift vouchers are transferable. The Seller may discharge its obligation by providing performance to the respective holder redeeming the voucher in the Seller's online shop. This shall not apply if the Seller has knowledge or grossly negligent lack of knowledge of the holder's lack of entitlement, legal incapacity, or lack of authority to represent.
10. Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
11. Alternative Dispute Resolution
11.1
The European Commission provides a platform for online dispute resolution at:
https://ec.europa.eu/consumers/odr
This platform serves as a point of entry for the out-of-court resolution of disputes arising from online purchase or service contracts concluded between consumers and traders.
11.2
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
