General Terms and Conditions

Table of Contents

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Conditions
  6. Retention of Title
  7. Liability for Defects (Warranty)
  8. Liability
  9. Applicable Law
  10. Place of Jurisdiction
  11. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Inlux Robotics GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their self-employed professional activity.
1.3 For the purposes of these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the course of their commercial or self-employed professional activity.

2) Conclusion of the Contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers by the seller, but serve as an invitation for 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 in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to conclude a contract for the goods contained in the shopping cart by clicking the button that completes the ordering process. The customer may also submit the offer to the seller by email or via the online contact form.
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 (fax or email), whereby receipt of the order confirmation by the customer is decisive, or
  • by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
  • by requesting payment from the customer after the customer has placed the order.
    If more than one of the aforementioned alternatives applies, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the day on which the offer was sent. If the seller does not accept the customer’s offer within the aforementioned period, this constitutes rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.
    2.4 When ordering via the seller’s online order form, the seller stores the contract text after the contract has been concluded and sends it to the customer in text form (e.g., email, fax, or letter) after the customer has submitted the order. The seller does not make the contract text accessible in any other way. If the customer has created a user account in the seller’s online shop before submitting the order, the order data are archived on the seller’s website and can be accessed free of charge by the customer through their password-protected user account by entering the relevant login details.
    2.5 Before submitting a binding order via the seller’s online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical means of improving the detection of input errors may be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the ordering process.
    2.6 Different languages are available for concluding the contract. The specific language options are displayed in the online shop.
    2.7 Order processing and communication generally take place by email and through automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this 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 to process the order can be delivered.

3) Right of Withdrawal

3.1 Our offer is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). There is no statutory right of withdrawal.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller’s product description, the prices indicated are total prices that include statutory VAT. Any additional delivery and shipping costs will be stated separately in the relevant product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, currency exchange fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment method(s) available will be communicated to the customer in the seller’s online shop.
4.4 If the payment method purchase on account is selected, the purchase price becomes due once the goods have been delivered and invoiced. In this case, the purchase price must be paid within the period specified on the invoice, without deduction, unless otherwise agreed. The seller reserves the right to offer purchase on account only up to a specific order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction in its payment information in the online shop. The seller also reserves the right to conduct a credit check when purchase on account is selected and to reject this payment method if the credit check is negative.

5) Delivery and shipping terms

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order process is authoritative.
5.2 For goods delivered by a freight carrier, delivery is made “free to the curb,” meaning to the public curb closest to the delivery address, unless the shipping information in the seller’s online shop indicates otherwise or otherwise agreed.
5.3 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. With regard to the costs of dispatching the goods, this does not apply if the customer effectively exercises their right of withdrawal. In the event of the customer’s effective exercise of the right of withdrawal, the provision made by the seller in this regard in the withdrawal instructions shall apply to the return shipping costs.
5.4 If the customer acts as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only when the goods are handed over to the customer or a person authorized to receive them. By way of exception, the risk of accidental loss and accidental deterioration of the sold goods also passes to the customer as a consumer as soon as the seller has delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment, if the customer has commissioned that forwarding agent, carrier, or other person or institution to carry out the shipment and the seller has not previously named that person or institution to the customer.
5.5 If the customer acts as a consumer based in Germany or as a business, the seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this applies only if the failure to deliver is not the seller’s fault and the seller has concluded a specific covering transaction with the supplier with the required diligence. The seller will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, the customer will be informed without delay and any consideration already paid will be refunded without delay.
5.6 For logistical reasons, self-collection is not possible.

6) Retention of title

If the seller makes advance performance, the seller reserves ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects shall apply. By way of derogation, the following applies to contracts for the supply of goods:
7.1 If the customer acts as an entrepreneur,

  • the seller shall have the right to choose the type of subsequent performance;
  • in the case of new goods, the limitation period for rights relating to defects shall be one year from delivery of the goods;
  • in the case of used goods, the rights relating to defects are excluded
  • the limitation period shall not begin again if replacement delivery is made as part of liability for defects.


7.2 If the customer acts as a consumer, the following restriction applies to contracts for the supply of used goods: The limitation period for claims for defects shall be one year from delivery of the goods if this has been expressly and separately agreed between the parties and the customer was specifically informed of the reduction of the limitation period before submitting their contractual declaration.
7.3 The above limitations of liability and reductions of limitation periods shall not apply

  • for the customer's claims for damages and reimbursement of expenses,
  • in the event that the seller fraudulently concealed the defect,
  • for goods that have been used for a structure in accordance with their customary manner of use and have caused its defectiveness,
  • for any existing obligation of the seller to provide updates for digital products, in contracts for the supply of goods with digital elements.


7.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.
7.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.
7.6 If the customer acts as a consumer, they are requested to complain to the delivery person about goods delivered with obvious transport damage and to inform the seller of this. Failure to do so shall have no effect whatsoever on their statutory or contractual claims for defects.

8) Liability

The seller shall be liable to the customer for damages and reimbursement of expenses arising from all contractual, quasi-contractual, and statutory claims, including tort claims, as follows:
8.1 The seller shall have unlimited liability on any legal basis

  • in the event of intent or gross negligence,
  • in the event of intentional or negligent injury to life, body, or health,
  • due to a guarantee promise, unless otherwise regulated in this respect,
  • due to mandatory liability, such as under the German Product Liability Act.

8.2 If the customer acts as a consumer domiciled in Germany or as an entrepreneur, the following limitations of liability shall apply:
If the seller negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical for the contract, unless it has unlimited liability pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the contractual purpose, the fulfillment of which is essential for the proper performance of the contract and on whose compliance the customer may regularly rely. In all other respects, the seller’s liability is excluded unless it has unlimited liability pursuant to the preceding clause.
8.3 The above liability provisions shall also apply with regard to the seller’s liability for its vicarious agents and legal representatives.

9) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

10) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law, or a special fund under public law domiciled within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s registered office. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the above cases, however, the seller shall in any event be entitled to bring an action before the court at the customer’s registered office.

11) Alternative dispute resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Copyright notice: These General Terms and Conditions were prepared by the specialist lawyers at IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)