Terms and Conditions

General terms and conditions of business

These terms and conditions apply to all contracts concluded between

ESPARTO®
owner Kirsten Kaack
Steindamm 3, 23881 Lankau, Germany

(hereinafter referred to as "provider" or "we") and our customers (hereinafter referred to as "customer" or "you") are concluded exclusively using distance communication means (e.g. via the Internet or by telephone) in our online shop. For contracts that we conclude in our offline shop (store), the conditions included there apply.

§ 1 Scope, definitions

(1) The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Any deviating conditions and contract offers from the customer are hereby rejected.

(2) The customer is a consumer if the purpose of the legal transaction cannot be attributed predominantly to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

§ 2 Conclusion of Contract

(1) The customer can select products from our range and collect them in a so-called shopping cart by clicking on the “add to cart” button. By clicking on the “order with payment” button, the customer submits a binding request to purchase the goods in the shopping cart.

(2) Before submitting the order, the customer can change the data he has entered, view it and correct any input errors at any time. However, the customer's application can only be submitted and transmitted if the customer has accepted these General Terms and Conditions during the ordering process and has thereby included them in his application.

(3) The provider will then send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application.
The contract is only concluded when we submit the declaration of acceptance, which is sent in a separate email. The issuing of an invoice to the customer for the goods ordered by the customer replaces the declaration of acceptance. We can also replace the declaration of acceptance by executing the order within 5 days of receipt of the order. If several of the aforementioned acceptance options apply, the contract is concluded when the event occurs first. In any case, the customer receives 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 has not received any goods within 5 days, he is no longer bound to his order. In this case, we will immediately refund the customer for any services already provided.

(4) The subject of the delivery or service are the goods and/or services offered by us and ordered by the customer. Unless expressly stated otherwise in the respective offer, designs and prices refer to the respective items offered, but not to any accessories or decorations shown.
The presentation of our products and the information provided in relation to them serve solely as a description of the services provided and do not constitute a guarantee of quality.

(5) If, through no fault of our own and despite all reasonable efforts, we are unable to deliver the ordered goods because our supplier does not fulfil its contractual obligations to us, we are entitled to withdraw from the contract. However, this right of withdrawal only applies if we have concluded a congruent hedging transaction (binding, timely and sufficient order of the goods) with the supplier in question and are not otherwise responsible for the non-delivery. In such a case, we will inform the customer immediately that the ordered goods are not available. We will immediately refund any consideration already provided by the customer.

(6) The contract language is German.

(7) Order processing and contact within the scope of contract processing are generally carried out by email. The customer must therefore ensure that the email address provided by him for order processing is correct and that no settings or filter devices of the customer prevent the receipt of contract-related emails.

(8) If a delivery time is specified in our offers, this delivery time and the information provided for calculating the delivery time take precedence. If no or no different delivery time is specified for the respective goods in our online shop, it is 7 days. This delivery period begins on the day after the payment order is issued to the transferring bank in the case of payment in advance or on the day after the contract is concluded in the case of other payment methods and ends with the expiry of the last day of the period. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the next working day takes the place of such a day.

§ 3 Retention of title

The delivered goods remain our property until all claims arising from the contract have been settled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or independent professional activity, also beyond that from the ongoing business relationship until all claims to which we are entitled have been settled.

§ 4 Prices and shipping costs

(1) Our prices include the applicable statutory value added tax and exclude shipping costs.

(2) The corresponding shipping costs will be communicated to the customer before the contract is concluded and are to be borne by the customer unless free shipping has been agreed.

§ 5 Payment

(1) The customer can make the payment according to the payment methods provided in the respective offer.

(2) Payment of the purchase price is due immediately upon conclusion of the contract and must be received by us within 7 calendar days, unless the agreed method of payment provides otherwise.

(3) The customer must ensure that there are sufficient funds in the account. In the event of direct debits being returned due to insufficient funds, the customer is obliged to reimburse us for any damage caused.

(4) The customer’s obligation to pay default interest does not exclude the assertion of further damages caused by default.

(5) The Customer shall only be entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 6 Transfer of Risk

(1) In relation to consumers, the risk of accidental loss and accidental deterioration of the purchased item shall, according to the law, only pass to the customer upon delivery of the purchased item to the customer.

(2) Only if the customer is acting 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 upon handover. In the case of mail order sales, however, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay passes upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

(3) If the customer defaults on acceptance, fails to cooperate or if our delivery is delayed for other reasons for which the customer is responsible, we are entitled to demand compensation for the resulting damage, including additional expenses (e.g. storage and transport costs).

§ 7 Warranty for material defects, guarantee

(1) Claims for defects relating to used items delivered by us expire one year after delivery to the customer. For businesses, the limitation period for claims for defects for items delivered by us is one year and the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects. We are otherwise liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 ff of the German Civil Code (BGB).

(2) Our liability according to § 8 of these Terms and Conditions, in particular due to

The customer's claims for damages arising from injury to life, body or health or from the violation of essential contractual obligations (see Section 8 below), for damages under the Product Liability Act and for any guarantees assumed, remain unaffected by the restrictions of the above paragraph 1. The statutory limitation periods for the right of recourse under Section 478 of the German Civil Code for entrepreneurs and our liability in the event of fraudulent concealment of a defect also remain unaffected.

(3) Claims for defects by merchants presuppose that they have complied with their statutory obligations to inspect and give notice of defects (§§ 377, 381 HGB).

(4) We only provide a guarantee of quality or durability (Section 443 of the German Civil Code) for the goods we supply if this has been expressly offered and agreed upon by us. Any manufacturer's guarantees remain unaffected.

(5) You can submit any complaints and warranty claims to the address provided in the provider identification.

§ 8 Liability

(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract and those on whose compliance the customer as a contractual partner can regularly rely. In the event of a breach of essential contractual obligations, the provider is only liable for the contract-typical, foreseeable damage if this was caused by simple negligence, unless the customer's claims for damages are based on injury to life, body or health.

(2) The restrictions of the above paragraph 1 also apply to the benefit of the legal representatives and vicarious agents of the provider if claims are asserted directly against them and also mutatis mutandis to 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 have a statutory right to cancel. You will receive cancellation instructions separately in text form in accordance with the statutory provisions.

§ 10 Contract text

We do not save the contract text and it can no longer be accessed after the order process has been completed. The customer can print out these terms and conditions and the order data before submitting his order and will receive a contract confirmation in accordance with the statutory provisions.

§ 11 Out-of-court dispute settlement/consumer dispute resolution

(1) The European Union has set up an online platform (“ODR platform”) for the out-of-court settlement of consumer disputes. The ODR platform is intended to serve as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The platform can be found at
http://ec.europa.eu/consumers/odr.

(2) We are generally not willing or obliged to participate in dispute settlement proceedings before a consumer arbitration board.

§ 12 Final Provisions

(1) The contract is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law only applies to consumers to the extent that the consumer is not thereby deprived of the protection afforded by mandatory provisions of the law of the country in which the consumer is habitually resident.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law or if the customer does not have a 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 is the registered office of the provider.

(3) The possible invalidity of individual provisions of these General Terms and Conditions does not affect the validity of the remaining provisions. The invalid points shall be replaced by the statutory provisions, if applicable. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.

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Version: 5.0
Status: 09/2017