General Online Terms and Conditions

General Online Terms and Conditions

between Altenmüller, Siegmund, Smidingr GbR, Dorotheenstraße 48, 22301 Hamburg, shareholders authorised to represent: Maxmilian Altenmüller, Alexander Siegmund and Pavel Smidingr, VAT ID No: DE 315461903 hereinafter 'INCYLENCE'. 

and 

the customer named in § 2 of the contract in the following "customer". 

§1 Scope of application, definition of terms

1) For contracts concluded via the online shop (https://www.incylence.com), the General Online Terms and Conditions of INCYLENCE apply exclusively in the version valid at the time of conclusion of the contract. We expressly reserve the right to make changes to the General Terms and Conditions for future contracts. We hereby object to deviating regulations. Any regulations other than those contained herein shall only become effective with our explicit written confirmation. The respective valid version of the General Terms and Conditions can also be found at https://incylence.com/pages/agb.

2) All agreements made between INCYLENCE and the customer in connection with an order are set out in the purchase contract concluded by both parties, the General Terms and Conditions and INCYLENCE's order confirmation. By placing an order, the customer agrees to the validity of the General Terms and Conditions valid at the time of the order. Any own general terms and conditions of the customer that contradict these general terms and conditions shall not become part of the contract. The contract text is stored by INCYLENCE in compliance with data protection regulations. The customer is free to print out the relevant website during the ordering process using the print function of his browser. Registered customers with a user account can also view, change and save personal data such as contact data and the status of orders within their user account ("your account").

3) The customer is a consumer as far as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of its commercial or independent professional activity.

§2 Offers, conclusion of contract

1) The language available for the conclusion of the contract is German. The presentation of the products in the online shop does not constitute a legally binding offer by INCYLENCE, but merely a non-binding product presentation. Whether or not an order is accepted is at the discretion of INCYLENCE; INCYLENCE reserves the right to make changes and errors.

2) By selecting the products and adding them to the virtual "shopping cart", the customer is given the opportunity to check and change the correctness of the added products before sending the order. After selecting the payment method, the customer can check the details of his online purchase again and correct them if necessary. By finally clicking on "Buy", the Customer agrees to INCYLENCE's General Terms and Conditions and submits a legally binding offer to conclude a purchase contract subject to payment for the products in the virtual "shopping cart". However, the offer can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the "Accept Terms and Conditions" button and has thereby included them in his offer. Subsequently, the customer receives an automated order confirmation by e-mail, which the customer can print out using the "Print" function. INCYLENCE hereby informs the customer that the order has been properly transmitted. However, the conclusion of the sales contract is only effected by acceptance of your offer, which INCYLENCE submits by sending a further e-mail confirming dispatch of the goods and requesting payment. Only with this e-mail the purchase contract is legally effective. At the latest upon delivery of the goods, the contract text (consisting of order, Terms and Conditions and order confirmation) will be sent to the customer by INCYLENCE on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract shall be stored in compliance with data protection regulations.

§3 Statutory right of revocation

1) If the customer is a consumer and the purchase is made on the INCYLENCE online shop, he has a statutory right of revocation in the case of a long-distance transaction. INCYLENCE informs about this legal right of revocation according to the legal model below. Paragraph 2 contains a sample revocation form.

Cancellation Policy

Right of Revocation

You have the right to revoke this contract within fourteen days without giving reasons. 

The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us (Altenmüller, Siegmund, Smidingr GbR, Dorotheenstraße 48, 22301 Hamburg, e-mail: hello@incylence.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or e-mail). You can use the attached sample revocation form, which is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this agreement for all payments we have received from you, including delivery charges (except for additional charges arising from your choice of a different method of delivery from the standard low-cost delivery offered by us). Such refund will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you and in no event will you be charged for such refund.

We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days after the day on which you notify us of the revocation of this contract. This period is kept if you dispatch the goods before the expiry of the period of fourteen days.

You must bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition and functionality.

2) The provider shall provide the following information on the model revocation form in accordance with the statutory provisions:

Model withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

___    To Altenmüller, Siegmund, Smidingr GbR, Dorotheenstraße 48, 22301 Hamburg, Germany E-Mail: hello@incylence.com:

___    I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)

___    Ordered on (*)/received on (*)

___    Name(s) of consumer(s)

___    Address of consumer(s)

___    Signature of consumer(s) (only for paper communication)

___    Date (*) Delete as appropriate

§4 Prices, payments

1) All prices are inclusive of the applicable statutory value-added tax and, as far as the customer does not exercise his right of revocation, plus any shipping costs. There is no possibility to take a discount. All additional costs incurred, such as import sales tax or import duties in the case of delivery to a non-EU country, shall be borne by the customer.

2) The prices stated at the time of the order shall apply. The prices are explicitly stated during the ordering process. The customer will also be informed about the shipping costs during the ordering process.

3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date.

4) INCYLENCE accepts the following payment methods: credit card (Master, Visa and Amex), PayPal, and instant bank transfer; INCYLENCE reserves the right to exclude individual payment methods.

Credit card
This payment method is subject to the "Stripe Terms of Use" (Stripe, Inc., 3180 18th Street, Suite 100, San Francisco, California, USA). With this payment method, the amount is reserved on the customer's credit card at the time of the online purchase. The actual charge to the credit card will be made at the same time as the email shipping confirmation is generated. INCYLENCE will credit the customer's credit card account with any repayment claims the customer may have. Your credit card data will not be stored by us, but passed on to the payment service provider Stripe and processed by them.

PayPal
When paying via "PayPal", the "PayPal Terms of Use" (PayPal (Europe) S.à.r.l. & Cie, S.C.A., 22-24 Boulevard Royal, L-2449, Luxembourg) apply. With this payment method, the customer is redirected to the PayPal page after click confirmation. After completing the payment via the customer's PayPal account, the customer is asked to complete the purchase in the online shop. The customer will then receive a confirmation e-mail from the online shop and from PayPal. Any repayment claims of the customer will be credited to his PayPal account.

Instant bank transfer
For this method of payment, the "Sofort-Überweisung-Nutzungsbedingungen" (SOFORT GmbH, Fußbergstr. 1, 82131 Gauting) apply. When selecting the payment method Sofortüberweisung, the customer will be forwarded to the website of his bank after confirmation. The customer only needs an account number, bank code, PIN and TAN. After completion of the payment, the customer is requested to complete the purchase in the online shop. The customer will then receive a confirmation e-mail from the online shop. This service is free of charge for the customer; if applicable, only the fees (transfer fee) of the customer's house bank are charged.

§5 Delivery and shipping costs

1) National deliveries are made with DHL. International deliveries take place with Warenpost International of the German post office. Unless otherwise agreed, delivery shall be made within 1 to 12 working days to the delivery address specified by the customer, subject to prior payment of the purchase price, depending on the choice of shipping method and place of delivery. Costs arising from incorrect address information can be passed on to the customer. INCYLENCE is not liable for possible delays or other customer disadvantages resulting from incorrect address information.

Delivery charges

Zone 0
 | Free shipping from an order value of 25€
Germany 3,50€ 

Zone 1 | Free shipping from an order value of 50€ 
Europe 6,50€

For other countries please contact hello@incylence.com. 

2) Local taxes, which may apply depending on the region and local customs duties, are at the expense of the customer.

§6 Reservation of ownership

The delivered goods remain the property of INCYLENCE until full payment has been received.

§7 Delivery reservations

INCYCLENCE shall refrain from a declaration of acceptance in the event that an article cannot be delivered. In this case, a contract is not concluded. In the event of non-deliverability, the customer will be informed immediately and any advance payments made will be refunded immediately. The delivery of articles takes place only in household usual quantities.

§8 Warranty

1) The statutory warranty rights apply to all deliveries, in particular §§ 434 ff. of the German Civil Code (BGB). If the delivered goods are defective, the customer shall be entitled to the statutory warranty rights, according to which he shall initially be limited to the right to subsequent performance, within the scope of which he may choose between rectification of the defect or delivery of a defect-free item. However, INCYLENCE may refuse the selected type of subsequent performance if it involves disproportionate costs for INCYLENCE. If the type of subsequent performance to which the customer is entitled fails or is unreasonable, the customer shall be entitled to reduce the purchase price, withdraw from the contract if the defect is not insignificant and/or claim damages. For entrepreneurs, the warranty period for goods delivered by INCYLENCE is 12 months.
2) An additional guarantee exists for the goods delivered by INCYLENCE only if this was expressly stated in the order confirmation for the respective article.
3) If the customer or a third party commissioned by him has attempted to remedy the defect himself, but has thereby increased the defect or caused further defects, liability for defects shall be excluded to this extent.

§9 Liability

1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by INCYLENCE, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
2) In the event of a breach of essential contractual obligations, INCYLENCE shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless it is a matter of claims for damages by the customer arising from injury to life, body or health.
3) The restrictions of paragraphs 1 and 2 shall also apply in favour of INCYLENCE's legal representatives and vicarious agents if claims are asserted directly against them.
4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if INCYLENCE fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if INCYLENCE and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.

§10 Copyright and industrial property rights

INCYLENCE points out that the contents of the website at https://incylence.com, in particular texts, graphics, photos, images, moving images, sound recordings and software (hereinafter referred to as "contents"), are protected by copyright. The images and photos may not be used without the express permission of INCYLENCE. INCYLENCE reserves the right to assert all claims in accordance with copyright law.

In addition, we inform you that the colouring of the product images presented in the online shop may vary slightly from the colour of the delivered article due to the respective settings on the customer screen.

§11 Data protection

The current data protection declaration of Altenmüller, Siegmund, Smidingr GbR applies. 

§12 Final provisions

1) Contracts between INCYLENCE and the customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN sales law. The statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
2) The contract remains binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced, if any, by the statutory provisions. As far as this would represent an unreasonable hardship for a contracting party, the contract as a whole becomes ineffective.

Responsible for the content of this website

Altenmüller, Siegmund, Smidingr GbR
Dorotheenstraße 48
22301 Hamburg 
Germany
E-mail: hello@incylence.com
shareholders authorized to represent the company:
Maxmilian Altenmüller, Alexander Siegmund and Pavel Smidingr
VAT identification number: DE 307946602

INCYLENCE is exempt from the information requirement under section § 36 paragraph 1 number 1 VSBG because we employed ten or fewer people on 31 December of the previous year.