Terms of Service
Terms of Service
These terms and conditions apply to all contracts between
ESPARTO, owner Kirsten Kaack
Steindamm 3, 23881 Lankau, Germany
(hereinafter "Supplier" or "We") and our Customers (hereinafter "Customer" or "You") are exclusively closed by means of remote communication (eg via the Internet or by telephone) in our online shop. For contracts we close in our offline shop (shop), the conditions included there apply.
§ 1 Scope, Definitions
- For the business relationship between the supplier and the customer, the following terms and conditions apply exclusively in the version valid at the time of the order. Deviating conditions and contract offers of the customer are hereby contradicted.
- The customer is a consumer, as long as the purpose of the legal transaction can not be attributed predominantly to his commercial or independent professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, in the course of entering into a legal transaction, is in the exercise of his commercial or independent professional activity.
§ 2 Conclusion of contract
- The customer can select products from our assortment and collect them via the button ("Button") "add to cart" in a so-called shopping cart. Via the button "order with payment" the customer submits a binding application for the purchase of the goods in the shopping cart.
- Before sending the order, the customer can change the data entered by him at any time, see and correct input errors. However, the request of the customer can only be submitted and transmitted if the customer has accepted these general terms and conditions as part of the ordering process and thereby included in his request.
- The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and the customer can print out the function "Print". The automatic acknowledgment of receipt merely documents that the customer's order has been received by the supplier and does not constitute acceptance of the application. The contract is only concluded upon submission of the declaration of acceptance by us, which is sent by separate e-mail. The provision of an invoice to the customer for the goods ordered by the customer replaces the declaration of acceptance. The declaration of acceptance can also be replaced by us by executing the order within 5 days of receipt of the order. If several of the aforementioned acceptance variants are present, the contract is concluded at the event that first occurred. In any case, the customer will receive a contract confirmation in text form in accordance with the statutory provisions. If the customer has not received a declaration of acceptance, invoice or notification of delivery or goods within 5 days, he is no longer bound by his order. If necessary, we will reimburse the customer immediately in this case.
- The subject of the delivery or service are the goods and / or services offered by us and ordered by the customer. Unless explicitly stated otherwise in the respective offer, designs and prices refer to the items offered in each case, but not to any accessories or decorations that may be depicted.
The presentation of our products and the information provided for this purpose are solely for the purposes of description and do not constitute a guarantee of quality.
- If we are unable to deliver the ordered goods without our own fault and despite all reasonable efforts because our supplier does not fulfill his contractual obligations towards us, we are entitled to withdraw from the contract. However, this right of withdrawal only exists if we have concluded a congruent hedging transaction with the respective supplier (binding, timely and sufficient order of the goods) and are not responsible for the non-delivery in any other way. In such a case, we will inform the customer immediately that the ordered goods are not available. Payments already made by the customer will be reimbursed immediately.
- The contract language is German.
- The order processing and contact in the context of the contract are usually carried out by e-mail. The customer must therefore ensure that the e-mail address provided by him for the order processing is correct and that no settings or filtering devices of the customer prevent the receipt of the contract-related e-mails.
- Insofar as a delivery time has been stated in our offers, this delivery time and the respectively given information for the calculation of the delivery time shall apply with priority. If no or no different delivery time is specified for the respective goods in our online shop, it is 7 days. This deadline for delivery begins with payment in advance on the day after the payment order is sent to the transferring bank or other payment methods the day after conclusion of the contract and ends with the expiry of the last day of the deadline. If the last day of the period falls on a Saturday, Sunday or a general public holiday recognized at the place of delivery, the next working day shall be replaced by such day.
§ 3 Retention of title
The delivered goods remain our property until fulfillment of all claims arising from the contract; in the event that the customer is a legal entity under public law, special fund under public law or an entrepreneur in the exercise of his commercial or self-employed professional activity, also beyond the current business relationship to the settlement of all claims to which we are entitled.
§ 4 prices and shipping costs
- Our prices include the applicable VAT and plus shipping costs.
- The corresponding shipping costs are named to the customer before conclusion of the contract and are to be borne by the customer, as long as no delivery free of delivery has been agreed.
§ 5 Payment
- The customer can make the payment according to the payment methods provided in the respective offer.
- The payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, provided that the respectively agreed method of payment does not provide for any deviating regulation.
- The customer has to ensure sufficient coverage. In the case of returned direct debits caused by underfunding, the customer is obligated to reimburse us for the damage thereby caused.
- The customer's obligation to pay default interest does not exclude the assertion of further damages caused by delay. (5) The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
§ 6 Transfer of risk
- For consumers, the risk of accidental loss and accidental deterioration of the object of purchase shall only pass to the customer upon delivery of the purchased item to the customer.
- Only if the customer acts as an entrepreneur, the following applies: Delivery is ex warehouse. The risk of accidental loss and accidental deterioration of the goods passes to the customer at the latest with the handover. However, in the case of consignment purchase, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to the forwarder, the carrier or the person or institution otherwise responsible for carrying out the consignment.
- If the customer is in default of acceptance, fails to cooperate or delays our delivery for other reasons for which the customer is responsible, we shall be entitled to demand compensation for the resulting damage including additional expenses (eg storage and transport costs).
§ 8 Liability
- Claims of the customer for damages are excluded. This does not apply to claims for damages by the customer resulting from injury to life, limb, health or material contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract as well as those on which the customer as a contractual partner may regularly rely. In the event of a breach of essential contractual obligations, the provider is only liable for the contractually typical, foreseeable damage if this was simply caused by negligence, unless it concerns claims for damages of the customer resulting from injury to life, limb or health.
- The limitations of the preceding paragraph 1 shall also apply in favor of the legal representatives and vicarious agents of the provider, if claims are asserted directly against them as well as mutatis mutandis for claims for reimbursement of expenses. (3) The provisions of the Product Liability Act and our liability for any guarantees assumed remain unaffected.
§ 9 Right of Withdrawal
Consumers are entitled to a statutory right of withdrawal. A cancellation policy will be sent to you in text form in accordance with the statutory provisions.
§ 10 contract text
The contract text will not be saved by us and can not be retrieved after the completion of the order process. The customer can print these terms and conditions and the order data before sending his order and receives a contract confirmation in accordance with the statutory provisions.
§ 11 Out-of-court Dispute Resolution / Consumer Dispute Resolution
- For the out-of-court settlement of consumer disputes, the European Union has established an online platform ("OS platform"). The OS platform is intended as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. The platform can be found at https://ec.europa.eu/consumers/odr/.
- In principle, we are not willing or obliged to participate in dispute settlement proceedings before a consumer arbitration board.
§ 12 Final Provisions
- The law of the Federal Republic of Germany shall apply to the contract, excluding the UN Sales Convention. This choice of law applies to consumers only insofar as the consumer is not deprived of the protection granted by mandatory provisions of the law of the country of the consumer's habitual residence.
- If the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer has no general place of jurisdiction within the Federal Republic of Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider of the seat of the provider.
- Any ineffectiveness of individual provisions of these General Terms and Conditions shall not affect the validity of their remaining provisions. Instead of the ineffective points, if available, the legal regulations. To the extent that this would constitute an unreasonable hardship for one of the contracting parties, however, the contract will become invalid as a whole.
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As of: 09/2017