Terms and conditions
Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (IO HAWK Invest GmbH) via the https://iohawk-europe.com/ website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject-matter of the contract is the selling of products and/ or the provision of repair services .
(2) On placing the product in question on our website, we provide you with a binding offer to conclude a sales agreement subject to the conditions specified in the item description.
(3) The purchase agreement takes place via the online shopping cart system as follows:
The products and/ or repair services intended for purchase are moved to the “shopping cart”. You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
After calling up the “Checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction.
By clicking the “Ordering with cost liability” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Provision of services in case of repairs
(1) Insofar as repair-related services form the subject-matter of the contract, we are obligated to carry out the repair-related activities that follow from the service description. We shall provide these services in all conscience, either personally or through an external party.
(2) You are obligated to cooperate. In particular, you have to describe the defect affecting the device as extensively as possible and make the defective device available.
(3) You shall have to bear the costs of sending us the defective device.
§ 4 Special agreements related to the offered payment methods
(1) Purchase via debit note using Novalnet
If the purchase is being made via Novalnet AG (with regard to services offered in Germany and Austria), the payment amount immediately becomes payable via collection from the cheque account that was specified during the ordering process and which is associated with the specified credit institution (the cheque account). You hereby revocably authorise Novalnet AG to use a debit note to collect, at the expense of the cheque account in question, the payments that are to be made by you vis-à-vis the purchase process associated with a debit note. If the cheque account does not possess the required covering funds, the credit institution maintaining the account is not subject to a payment obligation. Partial payments cannot be made within the framework of the direct debit scheme.
By specifying the cheque account, you confirm that you are entitled to carry out direct debit operations vis-à-vis the cheque account in question. Return debit notes are, from our point of view and the point of view of Novalnet AG, associated with significant amounts of efforts and high costs. In a situation involving a return debit note (in the absence of the required covering funds in the cheque account, on account of the expiry of the cheque account, or an objection raised by the account-holder or improperly-transferred account data), you are obligated to pay a processing fee amounting to the sum of 7.50 euros for each return debit note. You have the option of producing evidence to show that the return debit note resulted in lower costs, or that it did not result in any costs at all. Further-reaching claims shall remain reserved. In view of the efforts and costs associated with return debit notes, and in order to avoid having to pay the processing fee, you are requested to not contradict the debit note in a situation involving a revocation, a withdrawal from the purchase contract, a return delivery or a reclamation. In such a situation, after an agreement has been reached with us, a reverse transaction takes place for the payment, and this occurs via a credit note or the refunding of the corresponding amount.
§ 5 Right of retention, reservation of proprietary rights
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price is paid in full.
(3) If you are a businessman, the following conditions also apply:
a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.
b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.
c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.
d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 6 Warranty
(1) The statutory warranty rights are applicable.
(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
(3) Insofar as you are a business, the following difference applies to the aforementioned warranty regulations:
a) It is understood that the details provided by us and the product description provided by the manufacturer are the only things that represent the properties and condition of the product in question. Other advertisements, blurbs and statements issued by the manufacturer are not considered to be representative of the properties and condition of the said product.
b) If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
c) The warranty period amounts to a period of one year after delivery of the product. The reduction in time-limit does not apply:
– to damages culpably attributable to us arising from injury to life, limb or health and for other damages caused by wilful intent or gross negligence;
– insofar as we have wilfully concealed the defect or accepted a warranty for the quality of the goods;
– to goods which are used for a building in accordance with their normal use instructions and whose defects were caused by this;
– for statutory recourse claims, which you have against us in connection with warranty rights.
§ 7 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
IO HAWK Invest GmbH
Am Schürmannshütt 40f
Telephone: 02841 173316
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations “conclusion of the contract” in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online – shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
If you are a businessman, the delivery and shipping operations take place at your own risk.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/agb-service.
last update: 07.12.2017
Geschäftsführer: Sascha Arndt
HRB 12476 Amtsgericht Kleve
Phone: +49 (0) 2841 / 8868505
Fax: +49 (0) 2841 – 88 68 504
- The following terms and conditions apply to all orders concluded by IOHAWK Europe, hereafter named IO Hawk Invest GmbH, Pascalstr. 17, 47506 Neukirchen-Vluyn IO Hawk Invest GmbH and the customer. Customers may be businesses or consumers. A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession (§ 13 of the German Civil Code). A business shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession (§ 14 of the German Civil Code).
- The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. By clicking ‘Buy’, the customer makes a legally binding commitment to purchase the goods in the shopping basket. The customer shall receive an order confirmation immediately after the order has been submitted. The sales contract shall only enter into effect upon receipt of our separate order confirmation. The contract is stored, and the order data and General Terms and Conditions are sent to the customer by email. Customers can view all of their previous orders by logging into the customer service pages of the website.
- IO Hawk Invest reserves the right to refuse to perform the service promised if it becomes apparent after concluding the Contract that the goods are not available although a corresponding contractual transaction has been concluded. In such a case, the customer shall be notified immediately. Any considerations which have already been provided shall be reimbursed without delay. Further claims against IO Hawk Invest are excluded.
- The contractual language is German.
- When placing an order in the online store, the customer follows the technical steps as described below in detail:
- Click on “Proceed to Checkout” in the shopping basket displayed on the screen
- Redirection to the general order overview page (Checkout) where the customer is guided through the individual stages of the purchase
- Step 1 Selection of “Invoice and Delivery Address” (if the customer does not have a customer account and is not logged in; otherwise the invoice and delivery addresses are already stored);
- Entry of “Invoice Address”;
- If the invoice address and delivery address differ, there is the option to”Enter a different delivery address” by checking the box
- Step 2 In the next stage, the customer is given an overview “All Items of Your Order” and has the option to change the contents of the basket
- Step 3 Selection of “Method of Payment” (by clicking on the desired payment method)
- Step 4 The customer can choose from“More Options” by checking the relevant boxes (different delivery address, shipping date, use voucher, add a comment/note to the order)
- Completion of order by clicking “Submit”
The customer proceeds to each of the order steps referred to above using the usual functions of the internet browser.
- If the customer is a business (as per § 14 German Civil Code), delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a consumer within the meaning of § 13 German Civil Code, the risk of accidental loss and accidental deterioration IO Hawk Invest of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.
- All prices are cash prices and include VAT plus any applicable charges for packaging and carriage.
- Domestic deliveries within Germany are priced at free of shipping. The international shipping charges are available under shipping. Additional customs duties and charges for deliveries to countries outside the EU (third countries) shall be borne by the customer.
- The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage if the customer is a merchant within the meaning of the German Commercial Code. Customers who are merchants within the meaning of the German Commercial Code must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.
3 Statutory right of withdrawal
- Statutory right of withdrawal
If the customer is a consumer (as per § 13 of the German Commercial Code), he/she shall be entitled to withdraw from this Contract within fourteen (14) days without giving any reason for doing so. The deadline for withdrawal shall be fourteen (14) days from the date on which the customer or a third party appointed by the customer, who is not the carrier, takes possession of the final goods delivered.
In order to exercise the statutory right of withdrawal, the customer must notify us (IOHAWK EUROPE C/o IO Hawk Invest GmbH, Pascalstr. 17, 47506 Neukirchen-Vluyn Germany. Tel: +49 (0) 2845-9815366 , Fax: +49 (0) 2845 9815358, Email: firstname.lastname@example.org of his/her decision to withdraw from this Contract in a clear declaration (e.g. by sending a letter by mail, fax or email). The customer may use the withdrawal form template attached for this purpose; however, this is not obligatory.
The withdrawal deadline shall be deemed to be met if the customer sends the IO Hawk Invest communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
- Consequences of withdrawal
If the customer withdraws from this Contract, we must reimburse any payments we have received from the customer, including delivery costs (excluding any additional costs incurred if the customer has selected a different type of delivery to the cheapest standard delivery option offered by us) without delay, but no later than fourteen (14) days after the day on which we receive the notice of the customer’s withdrawal from this Contract. We will use the same payment method IO Hawk Invest the customer used for the original transaction in order to provide the reimbursement, unless otherwise expressly agreed; under no circumstances will the customer be charged a fee for this refund. We may withhold the reimbursement until we have received the returned goods or until the customer has provided proof that he/she has returned the goods, whichever is earlier.
The customer must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which he/she notifies us of withdrawal from this Contract. The deadline is deemed to be met if the customer sends the goods before the expiry of the fourteen-day deadline.
The customer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.
Costs for Return Shipments in Case of the Exertion of the Right of Revocation
If the customer exercises his right of revocation he has to bear the regular costs for reshipping, unless the delivered product does not correspond to the ordered product. In all other cases, the seller will bear the costs for reshipping.
- Exclusions from the statutory right of withdrawal
The statutory right of withdrawal shall not apply in the following cases:
- Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements.
- Delivery of sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery.
4 Warranty and compensation
- Defects or any other damage caused by negligent or improper treatment of the goods, improper installation, the use of unsuitable accessories or changes made to the original parts by the customer or a third party not commissioned by IO Hawk Invest are not covered by the warranty.
- Signs of wear and tear from normal use are also excluded from the warranty.
- If the customer accepts the goods or the object of the order despite being aware of a defect, he/she shall only be entitled to assert warranty claims to the extent described below if he/she has expressly reserved the right hereto in writing immediately after receiving the goods.
- Warranty claims on the grounds of transportation damage may only be asserted by the customer if the obligation to inspect and report in accordance with § 2 item 4 has been fulfilled. This does not apply if the customer is a consumer.
- The warranty period for new items shall be 24 months. The period shall commence upon transfer of risk. Conversely, the warranty period for used items shall be 12 months unless IO Hawk Invest is liable without limitation in accordance with § 4 item 7, in particular for detriment to life, body and health. If the customer is a business, the warranty period for new items shall be one year and three months from the transfer of risk, and for used items six months from this date, unless IO Hawk Invest is liable without limitation in accordance with § 4 item 7, in particular for detriment to life, body and health.
- Warranty formalities shall otherwise be carried out in congruence with the legal regulations.
- IO Hawk Invest shall be liable for damage arising from causes other than the detriment to life, body and health only to the extent that such damage arises from wilful misconduct, gross negligence or the culpable violation of a fundamental contractual obligation on the part of IO Hawk Invest or a vicarious agent (e.g. the delivery service) of IO Hawk Invest . Any further liability for damages shall be excluded. The provisions of the German Product Liability Act shall remain unaffected. In the event of a negligent breach of a material contractual obligation, the liability of IO Hawk Invest shall be limited to foreseeable damage.
5 Due date and payment terms
- Unless otherwise agreed in writing, invoices from IO Hawk Invest must be paid in full without delay. Payment is to be made in cash in advance. Orders paid in advance will be shipped upon receipt of payment. For payments by credit card, the actual sum shall be debited when the invoice is issued and the goods are shipped.
For deliveries IO Hawk Invest offers the following methods of payment, unless nothing else is indicated in the respective product representation in the offer:
Advance payment via
- a) Instant Bank Transfer
- b) PayPal
- c) Prepayment
- d) Credit Card (the cardholder will be charged following the conclusion of the purchasing process).
We have commissioned a reliable payment service, the Novalnet AG, with the settlement of payments (credit card). For this purpose the Novalnet AG needs certain personal information from you. It is your name and address, account number and sort code or credit card number (including validity period), invoice amount and currency, and the transaction number. Novalnet AG may use this information for the purpose of payment and to provide us with. Novalnet AG is obliged to handle the information in accordance with German data protection laws.
You can pay by bank transfer, PayPal, credit card or part payments. In individual cases, we reserve the right to exclude certain types of payment. Sending cash or checks can and will not be accepted. In case of loss, we exclude any liability unless gross negligence or intent on our part.
In order to safeguard our legitimate interests, in particular when we step (e.g. Purchase Orders) in advance, we get possibly a credit check based on mathematical and statistical methods in the companies listed below. To this end, we will transmit personal data necessary to a credit check on these companies and use the obtained information about the statistical probability of default for a balanced decision on the establishment, implementation or termination of the contract. The credit report can include probability values (score values), which are calculated on the basis of scientifically recognized mathematical and statistical methods and included in their calculation, inter alia, address data. Your concerns will be considered in accordance with the statutory provisions.
Within the framework of what is legally permissible and taking into account their respective legitimate interests takes place for checking creditworthiness replaced where of addresses and credit data with the following companies:
InfoScore Consumer Data GmbH
The InfoScore Consumer Data GmbH refers to their credit information to IO Hawk Invest GmbH credit information based on mathematical and statistical methods using data from the address:
Informa Solution GmbH
Tel .: +49 (0) 6103 – 37896299
For the purpose of credit checking the Bürgel Business Information GmbH & Co. KG, PO Box 500 166, 22701 Hamburg, will give us the address and credit data, including those which are calculated on the basis of mathematical and statistical methods stored in their database about your person available, as far as we have outlined our legitimate interest. “
If you wish to obtain information about the data stored by the companies mentioned above on your person, please call directly to these. The IO Hawk Invest GmbH receives as part of the no credit check detailed information about yourself. Please understand that the IO Hawk Invest GmbH reserves the right to exclude Payment Initial Subsequent orders, depending on the creditworthiness check and ordering height.
7 Retention of title
- If the customer is a merchant within the meaning of IO Hawk Invest the German Commercial Code, the goods supplied shall remain the property of IO Hawk Invest until all of the outstanding claims against the customer, including any existing ancillary receivables, have been paid in full. In case of contracts concluded with consumers, IO Hawk Invest shall reserve the right of retention for the goods until the purchase price has been paid in full.
- The customer shall not be entitled to sell the goods to third parties or to take any other measures which could put the ownership of IO Hawk Invest at risk until the purchase price has been paid in full. The customer hereby assigns to IO Hawk Invest any future claims against the buyer in the amount of the purchase price agreed between IO Hawk Invest and the customer, including interest and ancillary payments. IO Hawk Invest accepts this assignment.
8 Place of fulfilment and place of jurisdiction
- The law of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
- The place of fulfilment for all services and products arising from business transactions with IO Hawk Invest shall be Neukirchen Vluyn, Germany, insofar as the customer is a merchant, a legal person governed by public law or a special fund under public law.
- If the customer is a merchant, legal person governed by public law or special fund under public law, Neukirchen-Vluyn shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions of Business.
9 Closing provision
If any of these provisions cannot be applied for whatever reason, this shall not affect the validity of the remaining provisions.