Terms & Conditions

Terms and conditions of sale and delivery of IONTO Health & Beauty GmbH

An der RaumFabrik 33b 
76227 Karlsruhe 

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Managing directors: Martin La Fontaine, Julian La Fontaine 
St. No.: 3441381357 
VAT ID No.: DE 143 583 974 
Commercial register: HRB 102669 Mannheim 
UniCredit BIC: HYVEDEMM429 
IBAN: DE32 3702 0090 0025 3741 85 

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§ 1 General - Scope of application, data protection and advertising 
 

1. The following terms and conditions of sale and delivery (hereinafter also referred to as "GTC") apply to the entire business relationship between IONTO Health & Beauty GmbH (hereinafter referred to as "IONTO"), represented by the managing directors Martin La Fontaine and Julian La Fontaine, An der RaumFabrik 33b, 76227 Karlsruhe, Germany, and its customers. The current version of these GTC at the time of conclusion of the respective contract shall always apply. The currently valid GTC can be downloaded and printed at https://www.ihb-gruppe.de/agb-english.
    

2. Customers within the meaning of these terms and conditions are entrepreneurs within the meaning of § 14 BGB. These are all natural or legal persons or partnerships with legal capacity with whom IONTO enters into business relations and who act in the exercise of their commercial or independent professional activity. The "trade licence", the "proof of registration as a taxable person (entrepreneur)", the "extract from the commercial register" or the VAT identification number are required as proof of entrepreneurial status vis-à-vis IONTO. These GTC also apply without restriction to customers within the meaning of the above definition who have their registered office outside Germany.
    

3. Offers, deliveries and services of IONTO are exclusively based on these GTC. They therefore apply to all present and future business relations between IONTO and the customer. These GTC are deemed to be accepted by the customer at the latest upon receipt of the goods delivered by IONTO or the services provided by IONTO. IONTO does not recognise any terms and conditions of the customer that conflict with or deviate from these GTC unless IONTO has expressly agreed to their validity in writing. IONTO's GTC shall also apply if IONTO carries out the delivery without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.
    

4. All agreements made between IONTO and the customer for the purpose of executing contracts must be made in writing.
    

5. IONTO stores and processes data from customers and interested parties. In doing so, the legal requirements, in particular the Telemedia Act (TMG) and the Federal Data Protection Act (BDSG), are observed. The customer's inventory and usage data is only collected, processed or utilised insofar as this is necessary for the processing of the contractual relationship.
    

6. IONTO would like to be able to name the customer as a reference customer (also in advertising material or on IONTO's homepage). If the customer does not agree to be named as a reference customer, he/she may object to being named as a reference customer by sending an e-mail to info@ionto.de or by calling +49 721 97700.
    

7. IONTO sends out current product catalogues and similar advertising material by post and e-mail at regular intervals. If the customer does not agree to this, he can object to this mailing at any time. The objection can be declared by any means of communication. 
   
    

§ 2 Product categories/restrictions on resale 
 

1. IONTO sells 3 categories of products
    

   • Cosmetic and foot care appliances

   • Treatment tables and

   • Consumables for cosmetics, foot care and massage

     
     For individual products, IONTO grants guarantees that go beyond the statutory warranty, see § 8 para. 9 below.
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2. If and insofar as the customer purchases so-called practice goods/cabinet goods from IONTO, he is prohibited from selling the practice goods/cabinet goods to third parties. The practice goods/cabinet goods are exclusively goods that the customer may use for his business. Due to the larger containers/units, IONTO charges the customer lower prices than for comparable goods intended for free sale to third parties. IONTO deliberately sets a lower price for the practice goods/cabinet goods and thus also a lower margin for itself, because the aim is to support the customer's own business with the practice goods/cabinet goods. Practical goods/cabinet goods are designed exclusively for commercial use. Thus, the instructions for use for practice goods/cabinet goods may differ from those for normal goods because IONTO may assume that practice goods/cabinet goods will only be used by appropriately trained persons.
    

3. If and insofar as the customer purchases products of the brands SÜDA CARE and IONTO-COMED PROFESSIONAL CARE from IONTO, the customer is obliged to observe the following specifications, whereby the aforementioned branded goods are hereinafter referred to as "branded goods":
   
   - Geographical restrictions
   
   The customer may only sell branded goods to buyers based in Germany, Luxembourg, Austria or Switzerland. A sale of branded goods by the customer to buyers based outside the aforementioned countries is only possible in the context of a so-called passive resale. A passive resale exists if the customer can prove that he has been contacted by a buyer based outside Germany, Austria or Switzerland and asked to be supplied with branded goods. The prerequisite for this is that the customer has not been actively approached by the buyer (e.g. by e-mail or online advertising, letter advertising or personal visits). Offering goods on online platforms (e.g. Amazon) or in online shops that can be accessed outside of Germany, Austria and Switzerland also constitutes an activity in the sense of active resale.
   
   - Legal requirements
   
   IONTO draws the customer's attention to the fact that the resale of branded goods outside Germany, Luxembourg, Austria and Switzerland may also lead to a violation of the law in the countries in question. There are numerous labelling regulations for product packaging and customs regulations that must be observed in the respective countries.
   
   - No distribution via third-party platforms 
   
   The customer is prohibited from selling branded goods via third-party platforms (e.g. Amazon, Ebay etc.). Branded goods are predominantly cosmetic products. These may be subject to special requirements with regard to their handling. In this respect, IONTO must ensure that the branded goods can only be obtained by appropriately qualified persons, because a health hazard cannot be ruled out if the branded goods are used incorrectly. 

 

§ 3 Conclusion of contract
 

1. Offers from IONTO are subject to change without notice unless otherwise agreed in writing. We reserve the right to make technical changes as well as changes in shape, colour and/or weight within reasonable limits.
    

2. By placing an order for goods, the customer makes a binding declaration that he wishes to purchase the ordered goods. IONTO is entitled to accept or reject the contractual offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing or by delivery of the goods to the customer.
    

3. If the customer orders the goods with the help of digital services, IONTO will immediately confirm receipt of the order. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt may be combined with the declaration of acceptance of the customer's order. In order to avoid misunderstandings, it is clarified that the sending of an enquiry by e-mail, which is not generated via an online platform operated by IONTO, does not constitute the use of digital services.
    

4. If the customer orders the goods electronically, the text of the contract will be saved by IONTO and sent to the customer by e-mail upon request with reference to the GTC.
    

5. Amendments to a concluded contract must be made in writing. This written form requirement can only be cancelled in writing. 
   
    

§ 4 Delivery
 

1. IONTO offers three types of delivery:
   
   - Dispatch of the goods as a parcel.
   
   - Delivery of the goods by a forwarding agent to be commissioned by IONTO on behalf of the customer. Delivery is only made to the kerbside at the customer's address. The delivery will only be insured on the customer's order. For an additional fee, the customer may also order the assembly of the goods on his premises and the return of packaging material.
   
   - Delivery of the goods by IONTO's own delivery service. Delivery is made to the customer's premises. The assembly of the goods and the return of the packaging material is included in the delivery.
   
   The details can be viewed at https://www.ionto.de/lieferung.
    

2. Delivery dates and deadlines are only approximate. They shall not commence until the customer has fulfilled any obligations to co-operate. Delivery dates shall be deemed to have been met upon notification that the goods are ready for dispatch.
    

3. IONTO is entitled to make partial deliveries. The goods are delivered ex works IONTO in customary packaging suitable for normal shipping. The customer is responsible for the transport of the goods to the place of destination. The customer also bears the transport risk if the shipping costs are exceptionally borne by IONTO. In such a case, the goods can be insured against transport damage against reimbursement of expenses.
    

4. If the customer is in default of acceptance, this shall be deemed equivalent to handover. In the event of default of acceptance by the customer, the customer shall bear all associated costs, in particular storage and labour costs.
    

5. IONTO points out that it is dependent on the deliveries of its suppliers for the delivery of its products. If IONTO is not supplied or not supplied in time by its supplier with the goods required for the fulfilment of its delivery obligation towards the customer despite the conclusion of a congruent covering transaction, without IONTO being responsible for the incorrect or untimely self-delivery, IONTO may withdraw from the contract with the customer. IONTO's liability for damages is excluded in accordance with the provision in § 9 (Liability). IONTO shall notify the customer as soon as IONTO becomes aware of  the incorrect or untimely self-delivery.
   
    

§ 5 Retention of title 
 

1. In the case of contracts with customers, IONTO retains title to the goods until all claims arising from an ongoing business relationship have been settled in full.
    

2. The customer is obliged to treat the goods subject to retention of title with care. If maintenance and inspection work is required, the customer shall carry it out or have it carried out regularly at his own expense. The customer also undertakes to inform IONTO of any change of registered office.
    

3. If the value of the securities existing for IONTO exceeds its claims by more than 20 % in total, IONTO is obliged to release the securities at the customer's request in the amount of the exceeding value up to the limit of 120 % of the outstanding claims at the customer's discretion. 
    

4. The customer undertakes to inform IONTO immediately of any access by third parties to the goods subject to retention of title, for example in the event of seizure, as well as of any damage to or destruction of the goods.
    

5. IONTO is entitled to demand the return of the goods in the event of breach of contract by the customer, in particular in the event of default of payment or breach of an obligation under this § 5. The declaration of cancellation of the contract is not required for this.
    

6. The customer is entitled to resell the goods in the ordinary course of business. The customer hereby assigns to IONTO all claims in the amount of the invoice amount which accrue to him from the resale to a third party. IONTO accepts the assignment. After the assignment, the customer is authorised to collect the claim. IONTO reserves the right to collect the claim itself as soon as the customer does not properly fulfil his payment obligations towards IONTO and is in default of payment. If the customer is in default with one or more payments in whole or in part, if he ceases payment or if insolvency proceedings have been filed against his assets, the customer is no longer authorised to dispose of the reserved goods. IONTO is then entitled to withdraw from the contract or to take back the goods subject to retention of title and/or to revoke the authorisation granted to the customer to collect claims from resale as well as to demand information about the recipients of the goods subject to retention of title and to notify them of the assignment of the corresponding claim and to collect the claim itself. IONTO is entitled to realise the goods subject to retention of title at its own discretion. In case of further processing, IONTO remains the manufacturer in the sense of § 950 BGB.
    

7. Neither the assertion of the retention of title nor the seizure of the delivery item by IONTO shall be deemed a cancellation of the contract.
   
    

§ 6 Prices 
 

1. Prices are quoted ex works IONTO (04808 Thallwitz, Germany) plus statutory VAT. Furthermore, the stated product (net) price does not include shipping or insurance costs or expenses and taxes; these costs will be charged separately.
    

2. Unless otherwise agreed, the prices according to IONTO's price list valid on the day of delivery (list price) shall apply.
    

3. If the purchase price agreement is not based on the list price, IONTO is entitled to subsequently adjust the purchase price appropriately if the cost factors for the goods or for other agreed services increase significantly (more than 5 %). The price adjustment shall be communicated to the customer in writing or in text form. It shall enter into force two weeks after receipt of the notification by the customer. If such a price adjustment leads to a significant price increase (more than ), the customer is entitled to withdraw from the contract if he can prove that he can obtain the goods at a significantly lower price and otherwise on the same terms elsewhere and IONTO is not prepared to fulfil the contract at this other price despite appropriate proof. The cancellation must be declared no later than two weeks after receipt of the written notification of the price adjustment. The cancellation does not affect deliveries that have been made prior to the declaration of cancellation.
   
   If the customer purchases the goods from IONTO at list price and the list price increases between conclusion of the contract and actual delivery, the purchase price for the customer shall not increase. This does not apply if there is a delay in delivery of more than one month due to circumstances for which the customer is responsible.
    

4. In case of sales on call, IONTO is bound to the agreed price for a period of three months from the conclusion of the contract. If the goods are called off after the agreed call-off period has expired, IONTO is entitled to charge the prices valid at the time of the call-off.
    

5. By the purchase contract, the customer is obliged to pay IONTO the agreed purchase price and to accept the purchased goods. If the customer refuses acceptance before delivery for reasons for which IONTO is not responsible or if he withdraws from the contract before delivery without justification, he has to pay 25% of the agreed purchase price excluding VAT as compensation for costs incurred and loss of profit if IONTO does not insist on fulfilment of the contract. The customer is free to prove that IONTO has not suffered any damage at all or  least less damage than the aforementioned lump sum. IONTO reserves the right to demand compensation for the actual damage incurred instead of fulfilment of the contract or the lump sum.
   
    

§ 7 Terms of payment 
 

1. Unless otherwise agreed, the purchase price and other remuneration, prices for ancillary services and disbursed costs are due for payment upon handover of the object of purchase or provision of the service.
    

2. The customer can pay the purchase price by Paypal, credit card, prepayment, cash on delivery, SEPA direct debit mandate, or on account. IONTO reserves the right to exclude certain payment terms. IONTO is not obliged to accept cheques and bills of exchange. If these are accepted, this shall only be deemed as payment on account of performance. A cash discount deduction by the customer is only permitted if such a deduction has been agreed upon and the payment is received by IONTO in full and on time. At the customer's request, IONTO may offer the customer the possibility of financing or the conclusion of a leasing transaction. The possibility of financing or leasing is subject to the condition that the customer passes the credit check. If the customer orders goods on the condition that financing is provided or a leasing contract is concluded, the purchase contract is only concluded when the financing is approved or a leasing contract is concluded. The examination for a financing/leasing contract may take some time. IONTO cannot guarantee the customer that the goods the customer wishes to purchase will still be available when the decision to finance/lease is made. In this respect, the customer has no right to reserve the goods.
    

3. IONTO reserves the right to withhold deliveries and/or services until full payment of any outstanding claims in case of default of payment by the customer. This does not affect IONTO's right to demand interest on arrears and compensation for further damages incurred by IONTO as a result of the default.
    

4. The customer may only exercise a right of retention if his counterclaim is based on the same contractual relationship and is undisputed or has been recognised by declaratory judgement.
    

5. The customer is not entitled to offset counterclaims against IONTO unless the counterclaims are undisputed or have been recognised by declaratory judgement.
    

6. If the customer has deceived IONTO about his creditworthiness when placing the order or if this was not recognisable for IONTO, IONTO may withdraw from the contract without a grace period. If such circumstances occur after the order has been placed, IONTO is only obliged to provide further services against a reasonable instalment payment.
    

7. During the period of default, the customer shall pay interest on the debt at a rate of 10 percentage points above the current base rate.
   
    

§ 8 Material defects and defects of title
 

1. Performance descriptions and other information on the quality of the delivery item serve the purpose of specification. In this respect, it is not the assurance of properties that are the subject of a guarantee. Any public advertising statements/product specifications made by third parties or by IONTO are not part of the contractual product specification, unless IONTO makes a corresponding agreement with the customer. As far as the materials to be used by IONTO are specified in the contract, IONTO only warrants the compliance with the specification and not the suitability of the materials for the contractual purpose. IONTO is only obliged to give advice in case of obvious unsuitability of the goods for the purpose intended by the customer.
    

2. Claims for defects shall not exist in the event of only insignificant deviations from the agreed quality or usability. The customer has the right to claim rectification of defects or replacement delivery. The right to choose lies with IONTO. IONTO is entitled to make a reasonable number of attempts to remedy defects or make replacement deliveries, but at least three. If the rectification of defects or the replacement delivery fails, the customer has the right - without prejudice to any claims for damages according to § 9 - to choose between cancellation of the contract or reduction of the remuneration. This right is limited to the affected delivery, provided that such a restriction is not unreasonable for the customer due to the nature of the matter. If the specified performance quantities are not achieved, the customer shall only be entitled to a reasonable reduction in price after the failure to remedy the defect. This shall not apply if the performance parameters have been expressly warranted or if acceptance of the delivery item is unreasonable under the given circumstances.
   
   However, the customer shall have no right of cancellation in the event of a minor breach of contract, in particular in the event of minor defects.
   
   Claims for defects by the customer are excluded if the customer does not comply with the instructions for use/operating instructions provided by IONTO. The customer must carry out the necessary maintenance. Maintenance not carried out or not carried out properly will result in a loss of claims for defects. For certain devices, it is essential to ensure that they are only used together with the consumable products authorised by IONTO.
    

3. Customers must notify IONTO in writing of obvious defects immediately, but at the latest within a period of two weeks from receipt of the goods, otherwise the assertion of claims for defects is excluded. Hidden defects must be reported to IONTO by the customer immediately (3 calendar days) after their discovery. The receipt of the notification by IONTO is sufficient to meet the deadline. The customer bears the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
    

4. If the customer was persuaded to purchase the item by inaccurate statements made by the manufacturer, the burden of proof for the purchase decision lies with the customer. In the case of used goods, the customer bears the burden of proof for the defectiveness of the item.
    

5. In the event of complaints which, after inspection, do not reveal any defect for which IONTO is responsible, or which are based on operating errors or improper handling by the customer, the customer is obliged to reimburse all costs incurred by IONTO as a result of the inspection of the alleged defects.
    

6. If the customer asserts claims for damages, he shall bear the burden of presentation and proof for the reason for the claim and the amount of the claim. The customer must also fulfil a duty to minimise damages and do everything possible to keep the damage as low as possible.
    

7. Claims for defects for new goods expire 1 year after delivery. This does not apply if the law according to § 438 para. 1 no. 2 (buildings and items for buildings), § 445 b para. 1 (right of recourse) and § 634 a para. 1 no. 2 (building defects) BGB or according to the Product Liability Act prescribes indispensable longer periods, in case of an intentional or grossly negligent breach of duty by IONTO, in case of fraudulent concealment of a defect as well as in cases of injury to life, body or health. The statutory provisions on suspension of expiry, suspension and recommencement of the limitation period remain unaffected. If IONTO's order confirmation provides for a longer limitation period, these claims shall become time-barred upon expiry of the said period. So-called "guarantee periods" are warranty periods. Claims for material defects for defect rectification or replacement deliveries expire three months after completion of the defect rectification or replacement delivery, but not before expiry of the original period. Measures to rectify defects do not constitute acknowledgement of a defect. They are always carried out as a gesture of goodwill and without prejudice to the factual and legal situation.
    

8. If the delivered goods are used goods and are expressly sold as used goods, IONTO is not liable for defects. IONTO is not liable for used goods for typically expected signs of wear and tear or other malfunctions or limitations of usability to be expected due to age. A claim for subsequent delivery is excluded. The limitations of liability in this paragraph 8. shall not apply insofar as the law pursuant to § 438 para. 1 no. 2 (buildings and items for buildings), § 445 b para. 1 (right of recourse) and § 634 a para. 1 no. 2 (construction defects) of the German Civil Code (BGB) or in accordance with the German Product Liability Act (Produkthaftungsgesetz), in the event of an intentional or grossly negligent breach of duty by IONTO, fraudulent concealment of a defect and in cases of injury to life, body or health.
    

9. IONTO does not provide the customer with guarantees in the legal sense. However, IONTO provides special guarantees for certain products. These can be found on IONTO's homepage under this link or requested from IONTO.
   
    

§ 9 Liability
 

1. IONTO's liability under contract and law is generally excluded, unless otherwise agreed below.
    

2. The exclusion of liability of IONTO according to paragraph 1. does not apply
    

   • for damages caused by IONTO intentionally or through gross negligence;

   • if and to the extent that IONTO is liable under the mandatory provisions of the Product Liability Act;

   • if and to the extent that IONTO has given a guarantee of quality or durability and damages have arisen from the breach of the guarantee;

   • in cases of culpable injury to life, limb and health.
      

3. In cases of slight and simple negligence of IONTO, IONTO is only liable for the breach of essential contractual obligations, unless IONTO is already liable for damages according to paragraph 2. IONTO's liability is limited to the damage typical for the contract and foreseeable for IONTO at the time of conclusion of the contract or commission of the breach of duty. Essential contractual obligations are all obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely.
    

4. IONTO shall not be liable for damages which are exclusively attributable to the customer's sphere of risk. Furthermore, IONTO shall not be liable for damages caused by the customer or his vicarious agents not following the instructions for use, for example by storing the delivered products incorrectly, using them improperly or mixing them with products from other suppliers, making changes to the products, replacing parts or using consumables that do not comply with the original specifications.
    

5. Claims for damages by the customer due to simple or slight negligence on the part of the seller in accordance with the above paragraphs 2 and 3 are excluded in any case if they are not asserted in court within a period of three months after rejection of the claims with a corresponding notice by the seller or its insurer.
    

6. All possible claims for damages of the customer based on slight negligence of the seller according to the above paragraphs 2 and 3 shall become statute-barred in accordance with the provision in § 8 paragraph 7. In deviation from this, the statutory provisions shall apply to the commencement of the limitation period for claims that are not based on defects in the goods/services delivered by IONTO
   
    

§ 10 Loaned goods 
 

1. If IONTO is not obliged to provide loan or rental equipment (e.g. because there is no warranty case), the shipping costs will be charged.
    

2. Returned goods must be sent back free of charge within 5 working days of receipt of the customer's own goods at the latest. If the return shipment is delayed by more than 5 working days for reasons for which the customer is responsible, an additional fee of 0.50 % of the applicable list price (excluding VAT) of the returnable goods, but at least € 5.00 per calendar day of the delayed return shipment, will be charged. Working days are Monday to Friday with the exception of public holidays at IONTO's registered office. IONTO reserves the right to charge the customer for the necessary repairs for loaned goods damaged by the customer or unusable after use by the customer.
   
    

§ 11 Final provisions
 

1. The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods and other international law shall not apply.
    

2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be IONTO's place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed. IONTO reserves the right to sue at the customer's place of business. Place of fulfilment is the registered office of IONTO in Karlsruhe
    

3.  Should one or more provisions of the contract concluded between IONTO and the customer be or become invalid for reasons that are not based on the statutory provisions for general terms and conditions, the validity of the remaining provisions of the contract shall remain unaffected. The invalid provision shall be replaced with retroactive effect by a valid provision that comes closest to the economic purpose intended by the parties at the time the contract was concluded. The same applies in the event of a loophole in the respective contract. 

 

Status 13/03/2025