General Terms of Business for the Online-Shop
§ 1 Scope
1. These general terms of business (from now on GTB) are valid for any and all contracts completed through our online shop between us,
the esogetics GmbH, Hildastraße 8, 76646 Bruchsal
CEO : Markus Wunderlich
entered in the business registry of the Amtsgericht Mannheim under HRB 231881
and you as our customer. The GTB are valid, no matter whether you are a consumer, entrepreneur or merchant.
2. All agreements between you and us concerning the sales contract result from these general terms of business, our written order confirmation and our acceptance declaration.
3. The version of the GTB that is valid during the completion of the contract shall be used for reference.
4. We do not accept any deviating conditions from our clients. That applies even when we do not explicitly oppose the inclusion.
5. Application for seminars of the esogetics GmbH are only accepted in written form and they are only confirmed in written form. These GTB do not apply to seminars, but exclusively to the delivery of products.
§ 2 Sequence of the Order Process
1. To post an order the following technical steps need to be taken:
2. You choose the product and place it through a click of the button into your shopping basket.
3. The shopping basket is shown. By clicking the button “check-out” you complete the selection of purchases.
4. You complete the client form and click on “continue”.
5. You choose the shipping option and click on “continue”.
6. You choose your method of payment.
7. You confirm that you have read the General Terms of Business and the information of the Cancellation Policy and that you agree. By clicking the button “order and payment” you deploy your legally binding order.
§ 3 Completion of the Contract
1. The presentation and advertising of products in our online shop does not constitute a binding offer to enter into a purchase contract.
1. By sending an order through the online shop you are executing a legally binding order. You are bound to this order for the duration of two weeks after submission of the order; your right according to § 3, where appropriate, to cancel your order is not affected by this.
2. We shall immediately send you an email confirmation for the order received through our online shop. Such an email does not constitute a binding acceptance of the order, unless it states apart from the receipt also the acceptance.
3. A contract is only completed, when we accept your order through a declaration of acceptance or the delivery of the ordered articles.
4. Should the delivery of the goods you ordered be impossible, because the items may not be in the warehouse, we shall not sent an acceptance declaration. In that case a contract will not come about. We will inform you without delay and immediately refund any services received.
§ 4 Cancellation Policy
1. If you are a consumer (which means a natural person, who makes the order for a purpose that belongs neither to a commercial nor a self-employed professional business) , then you have according to the law a cancellation right.
2. Should you as a consumer utilize your cancellation right according to Paragraph1, then you are responsible for the usual cost of the return shipment, if the delivered product corresponds to the ordered one, and if the price of the returned item does not exceed an amount of € 40.00, or if the item is more expensive yet at the time of the cancellation you have not completed the payment or the contractually agreed upon partial payment.
3. The cancellation policy consists of the rules that are listed in detail in the following
Cancellation Policy Instruction
You may cancel your contract in written form (for instance letter, fax, e-mail) within 14 days without any reason, or – if the item has been given to you before the end of this period – you can also cancel by sending the item back. The period begins upon receipt of this policy in written form, but not before receipt of the goods by the recipient (in the case of recurring delivery of the same type of goods, not before receipt of the first installment), and also not before fulfilment of our information duties in accordance with Art. 246 § 2 in conjunction with § 1 Paragraphs 1 and 2 EGBGB (Introductory Law to the German Civil Code), as well as our duties in accordance with § 312 e Paragr. 1 Clause 1 BGB in conjunction with Art. 246 § 3 EGBGB. For compliance with the cancellation period, the dispatch of the cancellation or the item in due time is sufficient.
The cancellation is to be addressed to:
Consequences of cancellation
In case of a valid cancellation, the services received by either side and the profits drawn (for instance interest) shall be refunded, or if applicable, be returned. If you are unable or partially unable to refund or return the service or usage (for instance benefits of use) to us, or you can only return it in an impaired condition, you have to pay an appropriate compensation according to the value. Compensation must only be paid for the impairment of the item and benefits derived, insofar as the uses or impairment of the item is attributable to use beyond the scope of testing the properties and functionalities of the item. “Testing the properties and functionalities” is understood to mean the testing and trying out of the item in question, as it would have been possible and usual in a retail shop. Goods consignable by parcel shipment may be returned at our risk.
You must bear the regular costs of the return shipment, if the goods conform with those ordered, and if the price of the items returned does not exceed an amount of € 40.00, 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.
Otherwise, returning the goods is free of charge for you. Objects not capable of dispatch by parcel post shall be collected from you. Obligation for payment refunds must be fulfilled within 30 days. The deadline begins for you with the sending of the cancellation or item, and for us it begins with the receipt.
– End of the cancellation policy instruction –
The cancellation right does not apply in long distance sale contracts
a) about the delivery of items, which have been customized to client specifications or which are unequivocally adapted to personal needs, or which due to their nature do not lend themselves to return shipment or that could spoil quickly or whose expiration date has passed.
b) about the delivery of audio or video recordings or of software, if the delivered data carriers have been unsealed.
§ 5 Terms of Delivery and Prepayment Caveat
1. We do reserve the right to make partial deliveries, if that does not seem unreasonable for you.
2. The shipping period takes about 5 working days, if no other agreements have been made. It starts – subject to the rule in Paragraph 3 – at the completion of the contract.
3. We reserve the right for orders from clients living or conducting business abroad, or if there is a valid indication that the payment might be endangered, to make the shipment only after the purchase price plus shipping costs have been received in full(prepayment caveat). If we are utilizing the prepayment caveat, we shall inform you about it in our declaration of acceptance. In that case the shipping term starts as soon as we receive the funds for the purchase price and shipping costs.
§ 6 Prices and Shipping Costs
1. All prices in our online shop are final prices including the legal VAT and they are subject to additional shipping costs.
2. The shipping costs are listed in our price list in our online shop. The price including VAT and applicable shipping costs is also displayed on the order screen before you are submitting your order.
3. If we fulfill your order according to § 4 Paragraph 1 through partial shipments, you only have to pay for the first partial shipment. If the partial deliveries are due to your choice, then we shall charge for each partial shipment.
4. If you cancel your contract effectively according to § 3, you can, based on fulfilling the requirements, ask for a refund of already paid costs of shipment to your address (compare other consequences of cancellation §3 Paragraph 3).
§ 7 Terms of Payment and Compensation and Right of Retention
1. The purchase price and the shipping costs have to be paid within two weeks after receipt of our bill at the latest.
2. You can choose to either send the purchase price and shipping costs to the bank account listed in our online shop, or you can send us a direct debit mandate or pay by credit card. In the case of a direct debit mandate or payment by credit card we shall arrange to debit your account at the soonest at the time stated in paragraph 1. An issued direct debit mandate is valid for future orders unless withdrawn.
3. You do not have the right to reckon anything against our claims, only if your counterclaims are legally sound and uncontested. You do also have the right to reckon against our claims, if you are enforcing notices of defects or counterclaims from the same purchase contract.
4. As a buyer you can only exercise a right of retention, if your counterclaim originates from the same contract.
§ 8 Reservation of Property
The delivered goods stay our property until the purchase price has been paid in full.
§ 9 Warranty
1. We are liable for material or legal defects of delivered articles according to the valid legal rules, in particular §§ 434 ff. BGB. The statutory period of limitation for legal claims of defects is two years and starts as soon as the goods are delivered.
2. Some warranties for certain articles provided by us as sellers or warranties provided by the producers of certain articles are valid in addition to claims due to material or legal defects in the sense of paragraph 1. Details of the extent of such warranties can be seen in the warranty conditions, which potentially accompany such articles.
§ 10 Liability
1. We are liable to you in all cases of contractual or non-contractual liability in the case of premeditation or gross negligence according to the legal statutes for compensation or refund of unnecessary expenditures.
2. In all other cases we are only liable – as far as it is not determined differently in paragraph 3 – if a clause of contract has been violated, the fulfillment of which was necessary to even complete the contract in an orderly manner, and which as a customer you can regularly trust in (so-called cardinal duty), yet limited to the replacement for the predictable and typical damage. In all other cases subject to the rule in paragraph 3 our liability is excluded.
3. Our liability for damages from injury to life, body or health and according to the product liability law stays unaffected by the previously mentioned liability limitations and exclusions.
§ 11 Copyright
We hold the copyright to all images, films and texts, which are published in our online shop. A use of the images, films or texts without our express permission is not allowed.
§ 12 Applicable Law and Court of Jurisdiction
1. The applicable law is that the of the Federal Republic of Germany. If you have placed your order as a consumer, and your main place of residence is in a different country at the time of the order, the application of peremptory statutes of the country stays unaffected the choice of law in Clause 1.
2. If you are a merchant and your location at the time of the order is Germany, the exclusive court of jurisdiction is the location of the seller. Otherwise the applicable legal rules apply in regards to local and international jurisdiction.
§13 Information about Data Management
1. Within the frame of processing contracts we are collecting a customer’s data. We are paying close attention to the regulations of the federal data protection law as well as the tele-media law. Without a customer’s permission we shall only collect, process and use the master and use data that are necessary for the processing of the contractual relationship.
2. Without a customer’s permission we shall not use the data for the purpose of advertising, market or public opinion research.
3. Otherwise, concerning a customer’s permission and further information about the collection, processing and use of data, we refer to the data protection clause, which can be retrieved in printable form through the button “data protection” at any time.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter http://ec.europa.eu/consumers/odr/ findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.