Terms and Conditions of Business

A. Products
1. Offering
Offers that do not stipulate an acceptance period shall not be binding.

2. Orders
For placing an order online, it is necessary to register at the online shop, free of charge and without obligations. A legally binding contract shall only become effective once you have selected the desired item, the corresponding number of items, the method of payment and type of shipping, and after you have accepted our Terms and Conditions of Business. In addition, you must click on the field CONFIRM ORDER. All entries can be corrected at any time prior to the binding order.

3. Purchase price
The purchase prices are always understood to be in euros (EUR) – net – ex works in Bruchsal/Germany. Applicable only to customers from Switzerland: purchase prices are understood to be in Swiss francs (CHF) – net – ex works in Lucerne/Switzerland. The esogetics GmbH shall reserve the right to make price adjustments, if wage rates or prices of materials increase between the dates of the offer and the contractually agreed delivery date. Moreover, we reserve the right to charge a small-quantity surcharge for small orders.

4. Ancillary costs
The net purchase price named under Item 3 does not include charges for shipping, packing, insurance (see Item 8), permits for export, import or other procured licenses, all types of taxes, customs charges, duty and surcharges, etc. In addition, there is the charge of German or Swiss sales tax, as the case may be, as applicable under law. In the case of credit card payments, esogetics GmbH shall invoice the customer for the resulting processing expenses/fees at 3.5% of the amount to be paid. In the case of online purchases in the Internet shop of the esogetics GmbH, there are no processing expenses/fees of 3.5%.

5. Conditions of payment
Payments are to be made in accordance with the agreed conditions and information stated on the invoice. Starting from the due date stated on the invoice, the esogetics GmbH shall be entitled to charge default interest in addition to the claim due. Payment of the default interest rate shall not affect the contractual obligation of the original payment.

6. Return shipping costs in the event of cancellation
In case of cancellation you must bear the costs of the return shipment, if the goods are in conformity with those ordered, and if the price of the items returned does not exceed an amount of 40 euros, or in the case of a higher price of the goods, if you have not yet performed the return service or any partial payment, as agreed upon by contract at the point in time of cancellation. You must only bear the regular costs of the return shipment, however. We shall bear any higher costs, e.g. resulting from the change of our office location or higher transportation costs because of our instructions.

7. Insurance
The esogetics GmbH insures all deliveries for transport at the expense of the buyer. The buyer shall be obligated, in the event of deliveries not received, to provide the insurer with the required documents.

8. Warranty
The esogetics GmbH assumes, for a period of one year beginning with the outgoing delivery from the esogetics GmbH, the guarantee of no defects and the functionality of the sold object. The warranty does not cover normal wear and tear, the consequences of improper handling, damage by the buyer or a third party, or faults that are attributable to external circumstances. The warranty obligation of the esogetics GmbH shall apply as subject to the expressed stipulation that the Service of the esogetics GmbH shall be used exclusively. In the case of a warranty claim, the ordering party of the goods shall be obligated, particularly in the case of products for Kirlian photography (EEA bioscan), to send these back to the manufacturer in the original packaging and at its own expense.

9. Disposal
At the end of the service life, the buyer must ensure a proper disposal of the product.

B. Seminars
10. Conclusion of contract
Registrations for seminars of the esogetics GmbH shall only be accepted in written form, and they shall be binding for both parties only in the written form. This policy applies to the applicant for registration personally, as well as to the additional persons who are notified or registered for seminars by the applicant. The applicant for registration shall be obligated to ensure that the persons registered by said applicant also honor the contract. The contract shall become effective via the sending of the seminar invoice from the esogetics GmbH to the applicant for registration. The registration deadline for a seminar is three weeks prior to the respective seminar date. The esogetics GmbH expressly reserves the right to cancel seminars for unforeseeable reasons, or if the minimum number of participants has not been reached. The esogetics GmbH shall also be entitled to replace announced speakers with different speakers, as well as to determine a different location for the event. These types of changes are to be accepted by the participants, and these do not represent a reason of cancellation for seminar participants. As a consequence of this, the esogetics GmbH shall not be liable to pay damages to seminar participants.

11. Fees
The seminar fees for a training cycle shall be made known in the registration forms. The corresponding fees are to be understood as net sums without deductions, and they are to be paid prior to the respective seminar or workshop. Additional applicable services, for example expenses for overnight accommodation and subsistence, shall be charged separately. German or Swiss sales tax shall be due, as applicable. In the case of credit card payments, esogetics GmbH shall invoice the customer for the resulting processing expenses/fees at 3.5% of the amount to be paid.

12. Cancellation costs
In the event that the cancellation for a seminar registration is made after the registration deadline, i.e. less than three weeks prior to a seminar, then the esogetics GmbH is entitled to charge 100,- euros, insofar as the seminar fees have already been paid - prior to the participant’s reimbursement. In the event that a seminar is cancelled, due to reasons for which the esogetics GmbH is responsible, then the payments that have been made shall be reimbursed in full. There shall be no further claims.

13. Documents
Seminar fees include the costs for seminar documents. All documents are protected under copyright. The documents are exclusively for the personal use of the seminar participant. The participant expressly acknowledges that the usage and/or reprint - even excerpts - requires the written consent of the esogetics GmbH. Moreover, additionally purchased seminar folders are exclusively intended for personal use as well.

14. Insurance
The insurance for the duration of the seminar is the responsibility of the seminar participant.

C. Common provisions
15. Validity
These Terms and Conditions of Business may be changed by the esogetics GmbH at any time. Changes shall not affect existing contracts, however. In the event that a section or subsection of these Terms and Conditions of Business is ineffective, the remaining items shall not be affected. In such a case, the parties shall be obligated to interpret the ineffective item in the sense that was intended in the existing agreement between the parties.

16. Jurisdiction / Applicable law
The place of jurisdiction for all disputes arising from sales or seminar contracts, as the case may be, is Bruchsal/Germany. German laws shall apply.

esogetics GmbH
Hildastrasse 8
D-76646 Bruchsal
Germany

Fon    +49(0)7251-8001-0
Fax     +49(0)7251-8001-55

mail     info-de@esogetics.com
web    www.esogetics.com

Managing Directors
Markus Wunderlich

Bruchsal, October 2011

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