Last updated: Januar 2019

1. Scope

The following terms and conditions of sale and delivery are an integral part of all finalized purchase contracts, contracts for work and services or contracts for work and materials or similar legal transactions concluded by us with purchasers. They shall be deemed valid for the duration of the business relationship. Deviating provisions of the customer shall not be valid unless they have been acknowledged by us in writing.

2. Conclusion of contract

Contracts signed by our field staff require our written confirmation in order to be effective. The product representations in the online shop serve for the submission of a purchase offer. By clicking on the "Buy" button, you make a binding purchase offer. We can accept your order by sending an order confirmation by email or by delivering the goods within seven business days. If our order confirmation contains clerical or typographical errors or if our pricing has technical transmission errors, we are entitled to challenge this, whereby we have to prove our error. Payments already made will be refunded immediately.

3. Written form

The cancellation or amendment of these terms and conditions of sale and delivery must be made in writing. Verbal collateral agreements must also be made in writing. The same applies to information on design, dimensions, etc.

4. Prices

The prices automatically lose their validity with the publication of a new price list, without the need for revocation, but at the latest 12 months after the date of publication of the new price list. We shall be bound by written offers for four weeks. Unless otherwise stated in these terms and conditions of sale and delivery, the prices shall apply to ex works deliveries plus transport, packaging and value added tax. In commercial transactions, we shall also be entitled to increase prices after conclusion of the contract if this is necessary after contract conclusion. The amount of the price increase must be justified by the change in the price-setting factors and notified to the contractual partner within a reasonable period of time.

5. Information, data, particulars

We reserve the right to make design or structural changes as well as changes to the technical or material design and scope of delivery during the delivery period, provided that the object of purchase is not substantially changed and the change is reasonable for the purchaser. Information contained in descriptions of the scope of delivery, materials, services, dimensions, and weights etc. of the purchased item which is valid at the time of contract conclusion shall form part of the contract; they are to be regarded as approximate and do not constitute warranted characteristics. Information obtained from us about deliveries or other services shall in any case be non-binding, even if provided in writing. They shall in no case be regarded as an assurance of properties. Information provided by us with regard to the design, performance and installation of our systems or parts thereof shall be of an exemplary nature only and shall not be binding on us.

6. Shipping, freight, transfer of risk, packaging and shipping costs

When concluding the transaction, the purchaser must state whether the goods are to be collected by him or sent by us. If the customer decides to send the goods, we have the right to choose to commission a forwarding agent to hand over the goods to a carrier, railway, post office or a parcel service or to transport the goods in our own vehicle. The risk of accidental loss and accidental deterioration shall pass to the purchaser upon leaving the factory/warehouse. If the purchaser has chosen to collect the goods themselves, the described risk shall pass to them two days after notification that the goods are ready for dispatch. The same shall apply if dispatch is delayed due to circumstances for which the purchaser is responsible. Except in the case of collection by the purchaser, we have the right to choose the appropriate packaging.

7. Delivery period

The delivery period shall commence on the day on which the order confirmation is sent, if necessary after complete clarification of all execution details. It shall only be deemed to have been approximately agreed and complied with if the contract goods have left the warehouse by the end of the delivery period or if the readiness and possibility for dispatch of the goods has been communicated. Force majeure, riots, strikes and lock-outs as well as the remote effects of work disputes in supplier companies shall extend the aforementioned delivery time and delivery period by the duration of the service disruptions caused by these circumstances. If the delivery or service becomes impossible due to one of the above-mentioned circumstances, we shall be released from our service obligation.

8. Warranty

The duration of the warranty period shall be governed by the statutory provisions. It begins with the invoice date. If the delivered goods are defective or lack warranted characteristics or if goods other than those ordered have been delivered, we shall be entitled, at our discretion, to deliver a replacement, remedy the defect or make a subsequent delivery. Further claims, in particular claims for damages of any kind are excluded, unless we are liable due to intent or gross negligence or the absence of a warranted characteristic. If the purchaser is a business, they are obliged to notify defects in writing immediately, at the latest within eight days, unless a shorter period is prescribed by law. Purchasers with commercial status must notify defects that cannot be discovered within eight days, even after careful inspection, immediately after discovery, with immediate cessation of any processing and no later than three weeks after receipt of the goods. We shall be liable for replacement or subsequent deliveries and repair work to the same extent as for the original delivery item. The purchaser shall only have a right of withdrawal if we are not in a position to make subsequent deliveries, provide replacement or remedy the defect or if a reasonable grace period set by the purchaser has elapsed. We shall not be liable for errors arising from the documents (drawings, samples, etc.) submitted by the purchaser. Notices of defects do not entitle the purchaser to withhold the invoice amounts. We are entitled to refuse to remedy the defect as long as the purchaser does not fulfil their obligations. Defects in part of the goods do not entitle the purchaser to reject the total goods. Goods may only be returned with our consent.

9. Limitation of liability

Claims for damages due to direct or indirect damages or consequential damages due to the impossibility of performance, delay, breach of contract, culpability at contract conclusion and illegal action are excluded, unless the damages are based on intent or gross negligence on our part.

10. Payment

Unless otherwise agreed, payments shall be made in advance in the invoiced currency. If an agreed payment period after invoicing is exceeded, interest will be charged at a rate of 3% above the applicable discount rate of the Deutsche Bundesbank, without the need for a special reminder; the purchaser and we are free to prove that the damage caused by default is lower or higher. Insofar as we accept bills of exchange, cheques or other securities, the underlying liabilities shall only be deemed to have been repaid when and to the extent that the corresponding amounts have been credited. Discount expenses shall be borne by the purchaser from the due date and shall be payable immediately. In the event that payments are not made on time, all our claims shall become due regardless of any concessions or the term of bills of exchange accepted. We are also entitled to demand securities and/or to execute outstanding deliveries only against advance payment or provision of security. These rights shall also exist if reasons become known which give rise to justified doubt as to the continued observance of proper payment on the part of the purchaser. The withholding of payments or offsetting against any counterclaims of the purchaser is only permissible if the counterclaims of the purchaser have been legally established or are not disputed by us. Our field staff is only entitled to accept payments if it has a written power of attorney issued by us.

11. Retention of title

The goods delivered by us shall remain our property until the purchase price, any interest or costs have been paid in full; in particular, charges for the surrender of cheques, bills of exchange or other securities, in particular also in the event of any prolongation, shall be deemed costs. In the case of an ongoing business relationship, the retention of title also extends to delivered goods that have already been paid for but are still available until payment of all our outstanding claims, irrespective of the time at which they arose. Collateral whose value exceeds ten percent of the claims to be secured shall be released by us upon request and at the discretion of the purchaser. The purchaser is entitled to resell the goods subject to retention of title in the normal course of business; they are not permitted to pledge or transfer ownership by way of security. The purchaser shall be obliged to secure our rights as conditional seller when reselling goods subject to the retention of title on credit, for example by passing on the reservation of title. If the goods subject to retention of title are seized or confiscated by the purchaser or the purchaser's contractual partner, the purchaser must report this to us immediately in writing. The claims of the purchaser from a resale of the goods subject to retention of title already assigns this to us, we accept this assignment. Irrespective of the transfer and the right of collection to which we are entitled, the purchaser is entitled to collect as long as he fulfils his obligations towards us. At our request, the purchaser shall be obliged to notify third-party buyers of the assignment and to provide us with the information on the assigned claims required for collection. The purchaser is obliged to insure the delivery item against theft, breakage, fire, water and other damage. In the event of conduct in breach of contract, in particular if they do not make net payments within 30 days of the invoice date, we shall be entitled to take back the goods and the purchaser shall be obliged to surrender them. The assertion of the retention of title and the seizure of the goods subject to retention of title by us shall not be deemed withdrawal from the contract unless the German Instalment Payment Act applies.

12. Cancellation policy

Exclusively valid for INTEWA internet trade with end users in Germany!

Right of revocation

You have the right to cancel this contract within fourteen days without specifying any reasons. The period for cancellation is fourteen days from the day that you or any third party authorised by you other than the carrier, have or has accepted delivery of the final item(s) of your order. In order to exercise your right of withdrawal, you must inform us:
INTEWA GmbH - Auf der Hüls 182 52068 Aachen, Germany
Tel: + 49 (0)241-96605-0 - Fax: + 49 (0)241-96605-10 - E-Mail: sales@remove-this.intewa.de
by means of an unambiguous declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. To uphold the revocation period, it is sufficient for you to send the notification to exercise your right of revocation before the expiry of the revocation period.

Consequences of revocation

If you choose to withdraw from this contract, we shall reimburse all payments we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a method of shipping different from the most cost-efficient standard delivery offered by us), no later than fourteen days from the date on which we have received the notice of withdrawal from this contract. The refund shall be issued via the same payment method which you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for the processing of this refund. We may withhold the money for refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever is earlier. You must send back or hand over the goods to us without delay, no later than fourteen days from the day on which you notified us about withdrawing from this contract. The deadline is met if you send the items back before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You must only compensate any loss of value of the goods if this loss of value is due to handling that is unnecessary for the examination of the nature, characteristics and functioning of the goods.

Exclusion of right of withdrawal

The right of revocation does not apply to the following contracts: contracts for the supply of goods which are not prefabricated and for their production in the event of an individualised selection or decision of the consumer or in the event that a selection is clearly tailored to the personal needs of the consumer or for contracts with commercial customers.

13. Fulfilment and jurisdiction

The place of fulfilment is 52068 Aachen. The place of jurisdiction for disputes with purchasers who are registered traders, legal persons under public law or a special fund under public law is the court with jurisdiction for our registered office. We are entitled to sue at the place of business or domicile of the purchaser. All legal relationships are subject to German law.

14. Severability

If individual terms of the aforementioned provisions should be invalid or declared invalid by a legally binding judgement, the validity of the remaining provisions of these Terms and Conditions of Sale and Delivery shall remain unaffected.

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Information

Tel. +49 (0)241/96605-0

E-Mail: info@​intewa.​de

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