1. Contracting Party
Ina Kent GmbH, Ahornergasse 3/19, 1070 Vienna
VAT ID No.: ATU73284536
Company Register Number: 490829 h, Commercial Court of Vienna (hereinafter referred to as "INA KENT")
2. Scope
These General Terms and Conditions in the version valid at the time of the conclusion of the contract apply exclusively to all contractual relationships concluded via the website www.inakent.com between INA KENT and entrepreneurs within the meaning of the Consumer Protection Act. The General Terms and Conditions of the customer shall not apply unless INA KENT has expressly agreed to their applicability in writing. For contractual relationships with consumers, the terms and conditions available here shall apply. By placing an order, the customer agrees to the General Terms and Conditions of INA KENT.
3. Orders and Conclusion of the Contract
All offers made by INA KENT are non-binding. Information provided on the website, in catalogs, and other promotional materials only becomes part of the contract if INA KENT refers to it in the order confirmation. The customer is bound by their order for 14 days. An order can only be processed if all required customer data is fully provided. For each order placed in the INA KENT online store, customers receive an electronic order confirmation. The purchase contract is concluded upon the dispatch of the order confirmation to the provided email address. The order confirmation is typically sent within two business days following internal review. If the order cannot be executed as specified, INA KENT will promptly contact the customer. The customer must immediately object to any discrepancies between the order confirmation and their order; otherwise, the contract will be concluded with the content of the order confirmation.
4. Prices
The prices, delivery, and payment terms stated in the order confirmation apply. All prices are exclusive of VAT, shipping costs, and any costs for deliveries to non-EU countries, including customs fees, recipient country taxes, or associated handling fees. INA KENT is not bound to previously valid prices for subsequent orders. Shipping costs are calculated based on the weight of the delivery and the destination country, i.e., the delivery address. Price changes before the order and input or electronic transmission errors are reserved. The customer agrees to receive electronic invoices and their delivery by email.
In the event of a payment default, the customer must pay interest in accordance with § 456 UGB. Furthermore, INA KENT is entitled to claim all necessary reminder, collection, and legal fees for appropriate legal action. If a collection agency is engaged, the customer agrees to reimburse the fees in accordance with the Ordinance of the Federal Minister for Economic Affairs on the Maximum Rates of Remuneration for Collection Agencies, BGBl. No. 141/1996, as amended. If a lawyer is engaged, the customer is obliged to reimburse up to the maximum fees stipulated by the Autonomous Fee Criteria (AHK) and the Lawyers' Fees Act (RATG), as amended – available at www.oerak.at. The customer must pay INA KENT a flat fee of EUR 40 for a justified reminder. The assertion of a higher claim for damages remains unaffected.
5. Terms of Delivery
If a purchase contract has been concluded, INA KENT will execute the order within the agreed delivery period. The delivery period may be exceeded in individual cases if special reasons (e. g., official interventions or labor law measures, delivery delays by upstream suppliers) prevent timely execution. INA KENT is entitled to execute the order in partial deliveries even without the customer's request. The delivery of the goods takes place from the warehouse to the delivery address specified by the customer using customary shipping methods (post, delivery services, etc.). Risk and accidental loss pass to the customer at the time the ordered goods are handed over to the carrier.
6. Retention of Title
INA KENT retains ownership of all goods supplied until full payment of all outstanding claims arising from the business relationship. This applies even if the customer's payment is allocated to a specific claim. The customer is permitted to resell the goods subject to retention of title only if their customer also agrees to a corresponding retention of title. The customer is not entitled to dispose of the goods in any other way, particularly by pledging or assigning them as security. In the event of resale, the customer hereby assigns to INA KENT all claims against their customers arising from the resale, including all ancillary rights, until all claims of INA KENT have been fully settled. INA KENT hereby accepts this assignment in advance.
7. Authorization of Online Sales Channels
The customer is authorized to distribute the delivered goods through all self-operated websites and online channels. Distribution of the delivered goods through websites, online trading platforms, and online channels operated by third parties requires prior written consent from INA KENT. Such consent is contingent upon the respective online sales channel being designed in a manner that does not impair the reputation and image of INA KENT's products. This includes, in particular, the graphic design, technical quality, and target audience orientation, which must be consistent with the image of the products and INA KENT.
8. Set-Off
The set-off of the customer's claims against claims of INA KENT is excluded.
9. Privacy & Data Protection
Customers expressly consent to the use, storage, and transmission of their order and address data for the purpose of processing the order. If the customer subscribes to the INA KENT newsletter, they also consent to the use and storage of their data for the newsletter distribution. The customer acknowledges that they have the right to revoke this consent at any time. Customer data will not be disclosed to third parties, except where necessary to fulfill the order. Further information can be found on the website under the Privacy Policy section.
10. Place of Performance, Jurisdiction
The place of performance is the registered office of INA KENT. Austrian law exclusively applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of private international law. If the business transaction does not fall under the Austrian Consumer Protection Act (KSchG), the parties agree to the jurisdiction of the competent court at the registered office of INA KENT. If the customer is a consumer within the meaning of the Austrian Consumer Protection Act (KSchG) and has their domicile or habitual residence in Austria or is employed in Austria, the jurisdiction of the court in whose district the domicile, habitual residence, or place of employment of the customer is located shall be deemed established.
11. Copyright
It is expressly noted that all content on this site, including text, images, and graphics, is protected by copyright. Imitation, use, or distribution without the consent of INA KENT is prohibited. Any unlawful use will result in the assertion of civil and criminal claims. All rights are reserved by INA KENT.
12. Final Provisions
The contract and these General Terms and Conditions encompass all agreements made. There are no verbal collateral agreements. Any collateral agreements, subsequent contract amendments, or modifications require written confirmation by INA KENT to be effective. Should individual provisions of the contract, including these General Terms and Conditions, be or become invalid, the remaining content of the concluded contracts or these General Terms and Conditions shall not be affected. The wholly or partially invalid provision will be replaced by a permissible provision that comes as close as possible to the economic purpose of the invalid provision. The contract language is German. Versions of these terms in other languages are for reference purposes only. The German version is exclusively authoritative.