Terms and Conditions
(Version 1.2 valid from 01.03.2019)
§ 1 Applicability
1.1 For the business relationships between ISM GmbH and the customer, only the following general terms and conditions apply. They only refer to orders placed by consumers as defined in § 13 BGB.
1.2 Here, the following General Terms and Conditions apply exclusively to contracts concluded/orders placed in the online shop. You can download the current GTC here .
1.3 General terms and conditions that deviate from our GTC do not apply.
§ 2 Conclusion of the contract
2.1 In the online shop www.tc1jpg-ww.myshopify.com of ISM GmbH, only a sales catalog is presented. By displaying the products on the online pages, ISM GmbH merely invites the customer to make offers (orders). The order confirmation sent by email does not yet lead to the purchase contract.
2.2 A purchase contract is only concluded with the dispatch of our order confirmation within a maximum of two days after receipt of the order or at the latest with the delivery of the goods, which then represents the acceptance of the declaration by ISM GmbH.
2.3 When ordering through our online shop, the ordering process consists of a total of 4 steps (including displaying the shopping cart). In the first step, you select the desired goods. In the second step, you enter your customer data including billing address and, if applicable, a different delivery address. Here you can optionally choose between creating a customer account or a guest access. In the third step, you choose how you would like to pay. In the final step, you have the opportunity to review and, if necessary, correct all information (e.g., name, address, payment method, ordered items) before you submit your order by clicking on “submit binding order.”
2.4 The sale of goods is only in customary household quantities. ISM GmbH does not accept orders from customers who have not yet reached the age of 18.
§ 3 Right of withdrawal
3.1 Consumers have a fourteen-day right of withdrawal.
Withdrawal instruction
Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reasons. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last item. To exercise your right of withdrawal, you must contact us,
ISM GmbH
Koggenweg 1
D-59557 Lippstadt
E-Mail: service[at]ism-store.com
Phone: +49 (0) 29 41 / 76 06 - 600
Fax: +49 (0) 29 41 / 76 06 - 66
by means of a clear declaration (e.g. a letter sent by post, fax, or email) about your decision to revoke this contract. You can use the sample cancellation form below for this, but it is not mandatory. To meet the revocation deadline, it is sufficient that you send the notification of the exercise of the right of revocation before the revocation period has expired.
Consequences of revocation:
If you revoke this contract, we will refund you all payments we have received from you, including delivery costs (except for additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this refund, we will use the same payment method that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged any fees for this refund. We may withhold the refund until we have received the goods back. You must return or hand over the goods to us without delay and in any case no later than 14 days from the day on which you informed us of the revocation of this contract. The deadline is met if you send the goods before the 14-day period has expired. We will bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that was not necessary for checking their nature, characteristics, and functioning.
End of the cancellation policy
Sample cancellation form:
Here you can download the sample cancellation form.
If you wish to revoke the contract, please fill out this form and send it back.
To the company
ISM GmbH
Koggenweg 1
D-59557 Lippstadt
service[at]ism-store.com
Fax: +49 (0) 29 41 / 76 06 - 66
I/we hereby revoke the contract concluded by me/us for the purchase of the following goods:
....................................................................................................
[Name der Ware, ggf. Bestellnummer und Preis]
....................................................................................................
[Bestellt am / erhalten am]
....................................................................................................
[Name des Verbrauchers]
....................................................................................................
[Anschrift des Verbrauchers]
....................................................................................................
Date and signature of the consumer
(Signature only for notification in paper form)
End of the cancellation policy
§ 4 Delivery
4.1 Unless otherwise agreed, delivery from ISM GmbH to the delivery address specified by the buyer will be at the buyer's expense. The transfer of risk occurs only upon delivery of the goods to the customer. Delivery is only made within the Federal Republic of Germany. Delivery within Germany is carried out by the logistics service provider DHL.
4.2 If the company ISM GmbH determines during the processing of your order that the products you ordered are not available, you will be informed separately by email. A contract for the unavailable goods will not be concluded.
§ 5 Prices and shipping costs
5.1 The prices listed at the time of the order apply. The stated prices are final prices, meaning they include the applicable German statutory value-added tax. Until full payment of the purchase price, the goods remain the property of ISM GmbH.
5.2 The parcel shipping is carried out by Deutsche Post DHL. From a purchase value of at least 99.00€, you will receive the shipping costs from us for free. For all other orders with a purchase value below 99.00€, the shipping costs are as follows:
Germany: 4.99 Euro
Austria: 7.99 Euro
5.3 Delivery is only possible within the Federal Republic of Germany and Austria. There is no entitlement to delivery outside the borders of the mentioned countries.
5.4 In case of delivery disruptions due to force majeure (including strikes and lockouts), ISM GmbH is released from the obligation to deliver; the customer is also released from the payment obligation.
5.5 As stated in § 3 in the context of the cancellation policy, we bear the direct costs of returning the goods, even in the event of a cancellation.
§ 6 Warranty
6.1 The consumer is entitled to warranty for defects in the purchased goods according to the statutory provisions of §§ 437 ff. BGB. In particular, the customer can demand subsequent performance (replacement delivery or remedy of defects). However, the company ISM GmbH is entitled to refer the customer to replacement delivery if the remedy of defects would involve disproportionate effort. Warranty claims expire two years after delivery of the goods. The buyer should assert their warranty claims by providing the order number, their name, and their address, as well as a brief statement of the reasons. The customer shall send the defective goods for inspection at the request of ISM GmbH at their own cost and risk to the following address:
ISM GmbH
Koggenweg 1
D-59557 Lippstadt
§ 7. Payment modalities
The company ISM GmbH accepts the displayed payment methods during the ordering process. You can choose to pay via Visa & Mastercard (incl. Maestro), via giropay online transfer Germany, instant online transfer international, advance payment, PayPal, paydirekt, and Amazon Pay.
7.1 Visa & Mastercard (incl. Maestro) credit card statements are processed by BS PAYONE GmbH · Lyoner Str. 9 · 60528 Frankfurt, Germany | HRB 28985 | Managing Directors: Niklaus Santschi, Jan Kanieß, Dr. Götz Möller, Carl Frederic Zitscher | Chairman of the Supervisory Board: Ottmar Bloching
When selecting the payment method credit card, the charge to your account will occur after the order confirmation has been transmitted. As part of the ordering process, your credit card number, the cardholder, the expiration date, and the security code will be requested for the credit card payment method. You can find this three-digit or four-digit security code in the signature field on the back of your credit card. We meet the requirements of the mandated Payment Card Industry Data Security Standards (PCI-DSS).
In the event of a rejection of the credit card charge, the customer agrees to pay the price plus any costs incurred within 10 days after receiving the service. These costs include, among others, the costs arising from the cancellation of the credit card charge.
7.2 giropay - Online Transfer Germany is an online payment method from parts of the German banking industry. It is based on transfers via online banking and has been specifically optimized for the requirements of e-commerce. The general terms and conditions of our payment service provider apply: [hier]
7.3 Sofort - Online Transfer We also offer Sofort Online Transfer. In this case, we receive the transfer credit immediately. This accelerates the entire ordering process. You only need IBAN, BIC, PIN, and TAN for this. The purchase amount is transferred immediately and directly to our bank account. When choosing the payment method Sofort Online Transfer, a pre-filled form opens at the end of the ordering process. This already contains our bank details. In addition, the transfer amount and the purpose of use are already displayed in the form. You must now select the country in which you have your online banking account and enter the bank code. Then enter the same data as when registering for online banking (account number and PIN). Confirm your order by entering the TAN. Immediately afterwards, you will receive confirmation of the transaction. In principle, any internet user can use the Sofort Online Transfer as a payment method if they have an activated online banking account with PIN/TAN procedure. Please note that the Sofort Online Transfer is not yet available at a few banks. You can obtain more information on whether your bank supports this service from your bank.
7.4 Transfer - Prepayment When selecting the payment method prepayment, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.
7.5 PayPal During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your access data, and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is automatically carried out by PayPal immediately afterwards. You will receive further information during the ordering process.
7.6 paydirekt is an internet-based procedure for cashless payments in electronic commerce, offered by the bank. The general terms and conditions of our payment service provider apply: https://www.paydirekt.de/agb/medien/ paydirekt_teilnahmebedingungen.pdf
7.7 online via the AmazonPay payment system if you already have an Amazon account. During the ordering process, you will be redirected to the website of the online provider Amazon before completing the order process in our online shop. To process the order and pay the invoice amount via Amazon, you must be registered there or register first and authenticate with your access data. There you can choose the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon, and the payment instruction to us. Afterwards, you will be redirected back to our online shop, where you can complete the order process. Immediately after the order, we request Amazon to initiate the payment transaction. The payment transaction is automatically carried out by Amazon. You will receive further information during the ordering process.
§ 8. Promotional and Gift Vouchers
8.1 Promotional vouchers are vouchers that cannot be purchased but are issued by us as part of advertising campaigns with a specific validity period.
8.2 Promotional vouchers can only be redeemed within the specified period and only once as part of an ordering process. Individual brands may be excluded from the voucher promotion. Promotional vouchers cannot be used for the purchase of gift vouchers. Please note that promotional vouchers may be subject to a minimum order value.
8.3 The value of the goods must be at least equal to the amount of the promotional voucher. A difference to a higher value of goods can be settled with the available payment options. The value of a promotional voucher will neither be paid out in cash nor accrue interest. The promotional voucher will not be refunded if goods are returned in whole or in part.
8.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible. The promotional voucher cannot be transferred to third parties. Multiple promotional vouchers cannot be combined.
8.5 If you have used a promotional voucher for your purchase, we reserve the right to charge you the original price of the goods you keep if – due to your cancellation – the total value of the order falls below or matches the respective value of the promotional voucher.
8.6 Gift vouchers are vouchers that you can purchase. If the credit of a gift voucher is not sufficient for the order, the difference can be settled with the available payment options.
8.7 Gift vouchers and credits can only be redeemed before completing the ordering process. The credit of a gift voucher will neither be paid out in cash nor accrue interest.
§ 9 Retention of Title
9.1 The delivered goods remain the property of ISM GmbH until full payment is made.
§ 10 Offset, Retention
10.1 The right to offset is only available to the customer if their counterclaims are legally established or undisputed by ISM GmbH. The customer is only entitled to exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
§ 11 Return
11.1 ISM GmbH provides a return label, which guarantees free shipping of the goods.
11.2 Please use the original shoe box for the return or exchange if possible and include the completed return slip. Completed return slips will be regarded by us as the exercise of your right of withdrawal. To avoid later claims for compensation, please check the goods carefully and do not damage them (e.g. no scratches, smudge marks, worn soles, etc.).
11.3 For a simple processing of your return, you can simply use the DHL return label. The return slips are stored in your customer account.
11.4 You are not legally obliged to comply with the recommendations for action listed in this section.
11.5 Goods sent by third-party providers or non-returnable items (e.g. worn, soiled, etc.) will not be accepted by us. If we have the possibility to contact the sender, we will inform them via email about the receipt of the goods and the further procedure. ISM does not bear any possible costs of a return to the sender. Returned items (whether identifiable or not) will be disposed of/destroyed after a storage period of 3 months.
11.6 For hygiene reasons, a return/refund of nitrile gloves after the original packaging has been opened is excluded. This applies regardless of whether the gloves have been used. Resale after opening is not possible, as the integrity of the product and compliance with hygiene regulations can no longer be guaranteed after opening.
§ 12 Refund
12.1 We will automatically initiate any refunds to the account you used for payment. For payment by invoice and prepayment, the refund will be directed to the account from which the transfer was made. If you paid via PayPal or credit card, the refund will be made to the associated PayPal or credit card account. If you used a gift voucher for your purchase, we will credit the corresponding amount to your gift voucher account. The refund will be processed after the goods have been received from your return.
§ 13 Customer Service
13.1 If you have any questions, please feel free to check our help pages or contact us by phone at +49 (0) 29 41 / 7606 - 600 (Mon. to Thu. from 08:00 AM to 04:45 PM and Fri. from 08:00 AM to 03:00 PM) or by email at service@ism-store.com
§ 14 Data Protection
14.1 The personal data of the customer that becomes known to ISM GmbH in the context of a business relationship will be stored and, if necessary, passed on to affiliated companies for the purpose of order processing. All data will of course be treated confidentially. The data will be collected, stored, and used by us in accordance with the applicable data protection regulations of ISM GmbH. These data regulations are [hier] available in printable form.
14.2 Additional general business terms and data protection notice of BS Payone GmbH: Download PDF
and information on data processing by BS PAYONE GmbH for end customers (cardholders/users) in accordance with Art. 14 GDPR: Download PDF
§ 15 Storage of the order text
The contract text is stored on our internal systems. The order data and the GTC will be sent to you by email. The General Terms and Conditions applicable to your order can be viewed at www.ism-store.com/agb at any time. In the case of a guest order, your order data will no longer be accessible via the internet for security reasons after the order is completed.
§ 16 Online dispute resolution and consumer arbitration
16.1. Online dispute resolution in accordance with Art. 14 para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/ find.
16.2 The company ISM GmbH is generally not willing and obliged to participate in dispute resolution procedures before a consumer arbitration board within the framework of the VSBG.
§ 17 Integration of the Trusted Shops Trustbadge
To display our Trusted Shops quality seal and any collected reviews, as well as to offer Trusted Shops products to buyers after an order, the Trusted Shops Trustbadge is integrated on this website.
This serves to protect our predominant legitimate interests in optimal marketing by enabling secure shopping in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR. The Trustbadge and the services advertised with it are an offer from Trusted Shops GmbH, Subbelrather Str. 15C, 50823 Cologne. The Trustbadge is provided as part of a data processing agreement by a CDN provider (Content Delivery Network). Trusted Shops GmbH also employs service providers from the USA. An adequate level of data protection is ensured. Further information on the data protection of Trusted Shops GmbH can be found [hier]: https://www.trustedshops.de/impressum/#datenschutz
When accessing the Trustbadge, the web server automatically saves a so-called server log file, which also contains your IP address, date and time of access, amount of data transferred, and the requesting provider (access data) and documents the access. Individual access data is stored for the analysis of security anomalies in a security database. The log files are automatically deleted no later than 90 days after creation.
Further personal data will be transferred to Trusted Shops GmbH if you choose to use Trusted Shops products after completing an order or if you have already registered for use. The contractual agreement made between you and Trusted Shops applies. For this purpose, personal data is automatically collected from the order data. Whether you are already registered as a buyer for product use is automatically checked based on a neutral parameter, the email address hashed by a cryptographic one-way function. The email address is converted into this hash value, which cannot be decrypted by Trusted Shops, before transmission. After checking for a match, the parameter is automatically deleted.
This is necessary for the fulfillment of our and Trusted Shops' predominant legitimate interests in providing the buyer protection linked to the specific order and the transactional evaluation services according to Art. 6 para. 1 sentence 1 lit. f GDPR. Further details, including regarding the right to object, can be found in the Trusted Shops privacy policy linked above and in the Trustbadge.
§ 18 Final provisions
The law of the Federal Republic of Germany, excluding the UN Sales Convention, applies to all contracts between ISM GmbH and the customer. This choice of law applies only to the extent that it does not deprive mandatory applicable consumer protection regulations of the state in which the consumer has his habitual residence at the time of his order.
§ 19 Provider of the website
The website offered under the domain www.ism-store.com is operated by
ISM GmbH
Koggenweg 1
D-59557 Lippstadt
E-Mail: service[at]ism-store.com
Phone: +49 (0) 29 41 / 76 06 - 600
Fax: +49 (0) 29 41 / 76 06 - 66
represented by the managing director: Julia Krämer-Gümüs
Ms. Julia Krämer-Gümüs
Phone: +49 (0) 29 41 / 76 06 - 0
E-Mail: service[at]ism-store.com
Register court: District Court Paderborn, HRB 16891