1. Scope
These Terms & Conditions apply to all orders and deliveries between
INCAPCORP Inhaber Yurii Vroda e. K. and our customers.
Customers include both consumers and business clients.
Conflicting Terms and Conditions
Any terms and conditions of the customer that deviate from, conflict with or supplement these Terms and Conditions
shall not become part of the contract unless we have expressly agreed to their validity in writing.
Silence on our part shall not be deemed acceptance.
Written Form Requirement
Amendments, supplements or side agreements to these Terms and Conditions must be made in writing.
This also applies to any waiver of this written form requirement.
Oral agreements are invalid unless confirmed in writing.
Set-off and Retention (B2B)
Business customers may only set off claims that are undisputed or have been finally adjudicated.
A right of retention exists only for claims arising from the same contractual relationship.
Any further rights of retention are excluded.
Limitation of Liability for Business Customers
To the extent permitted by law, our liability towards business customers is limited to the net order value of the respective contract.
Liability for indirect damages, loss of production, data loss, business interruption or loss of profit is excluded,
unless caused by intent or gross negligence.
2. Contract Formation
Product presentations in the online shop do not constitute a legally binding offer.
A contract is concluded once we confirm the order by email.
3. Prices and Payment
All prices are in euros. For consumers, prices include VAT; for business customers, prices are net plus VAT.
Statutory default interest applies in case of late payment. We may withhold delivery until full payment is received.
4. Delivery Conditions
Delivery times are shown on the product page. We may make partial deliveries if reasonable.
We are not liable for delays caused by carriers, force majeure, or supply shortages.
International deliveries are made only in compliance with applicable international regulations.
5. Transfer of Risk
Consumers: Risk transfers only upon actual delivery to the customer.
Business customers: Risk transfers once the goods are handed over to the carrier.
6. Retention of Title
Goods remain our property until fully paid.
Business customers: Retention of title applies until all outstanding claims are settled.
The buyer must handle the goods with care.
7. Warranty and Guarantees
7.1 Statutory Warranty
Statutory warranty is governed by German civil law. For consumers (B2C), the warranty period is 24 months from delivery.
For business clients (B2B), the warranty period is 12 months from delivery, unless the defect was fraudulently concealed.
Business clients must report obvious defects in writing within 7 days of receiving the goods. After this period, the goods
are deemed accepted. Normal wear and tear, improper use, incorrect installation and interventions by the customer are excluded.
For returns from business customers (B2B), our separate B2B Return Conditions apply.
Additional protection provisions for B2B returns:
For returns from business customers (B2B), the following additional rules apply:
- returns only with prior written approval,
- mandatory photo documentation before shipment,
- return only in original or protective packaging,
- no returns due to price or market changes,
- liability limited to direct damages only,
- no credit for used items or missing components.
7.2 Manufacturer’s Guarantee
Some products include a manufacturer’s guarantee, the duration and conditions of which depend on the respective manufacturer.
This guarantee is a voluntary service provided by the manufacturer and is governed solely by the manufacturer’s terms.
It may vary in duration and scope and is passed on by INCAPCORP to the customer.
The manufacturer’s guarantee does not extend or replace statutory warranty.
7.3 INCAPCORP Voluntary Guarantee
In addition to statutory warranty, we provide a voluntary 14-day dealer guarantee.
This guarantee covers the proper functioning of the delivered product and, at our discretion, repair or replacement.
This voluntary guarantee does not limit or replace statutory warranty and exists independently of any manufacturer’s guarantee.
7.4 No Combination of Warranty and Guarantees
Statutory warranty, manufacturer’s guarantee and voluntary guarantee exist side by side but are not added together and do not
extend each other. There is no accumulation or extension of time limits through simultaneous use of multiple rights.
8. Limitation of Liability
We are fully liable for intent, gross negligence, and damages resulting from injury to life, body, or health.
For slight negligence:
Liability is limited to essential contractual obligations (cardinal duties).
In such cases, liability is limited to the foreseeable, typical contractual damage.
For business customers additionally:
- Liability for indirect damages, consequential damages, and loss of profit is excluded.
- Liability is limited to the value of the respective order.
- Liability for slight negligence outside cardinal duties is excluded.
Liability for Data Loss (B2B)
To the extent permitted by law, we shall not be liable towards business customers for any loss of data,
loss of profits, indirect or consequential damages arising from the use of our website,
electronic communication, or the transmission of digital information.
The customer is solely responsible for implementing adequate data backup measures.
9. Force Majeure
In cases of force majeure, we are released from our performance obligations for the duration of the disruption.
Delivery times are extended accordingly.
10. Right of Withdrawal
Consumers have a statutory right of withdrawal. Full details can be found at:
https://incapcorp.de/widerruf
11. Data Protection
Information on the processing of personal data can be found in our Privacy Policy:
https://incapcorp.de/de_privacy
12. Place of Performance and Jurisdiction
For consumers, statutory rules apply.
For business customers, the place of performance and jurisdiction is Sigmaringen.
German law applies exclusively, excluding CISG.
13. Final Provisions
If any provision of these Terms & Conditions is invalid, the remaining provisions remain unaffected.