General Terms and Conditions
1. Contract Object
1.1 The contractual relationship between the Customer and ENAGIC Europe GmbH (hereinafter referred to as "ENAGIC") for the sale and delivery of goods is ruled by the following General Terms and Conditions (hereinafter referred to as "GTC").
These Terms and Conditions apply exclusively. Conflicting Terms or Conditions deviating from these Terms and Conditions will not be accepted, unless ENAGIC has given its written consent.
1.2 Customers within the meaning of these Terms and Conditions are natural persons who have reached the age of 18 years.
1.3 Being essential provisions of the contractual relationship not affected and being necessary to the extent that developments occur that were unforeseeable at the time of conclusion of the contract and whose non-consideration would have a significant impact on the contractual relationship, ENAGIC shall be entitled to change these GTC. Significant regulations are, in particular, those that relate to the scope and nature of the contractually agreed service as well as the provisions relating to the term and termination.
2. Conclusion of Contract
2.1 The online presentation of the services of ENAGIC on the website www.enagiceu.com does not constitute a binding offer to conclude a contract.
After submitting the offer, the Customer will receive an automatically generated e-mail confirming the offer's entry. This e-mail does not constitute acceptance of the contract offer, but only informs about the receipt of the order at ENAGIC. A contract of sale with ENAGIC is only then granted if the Customer receives a separate confirmation of acceptance by e-mail or the ordered product.
ENAGIC always has the right to refuse certain Customers as a Contractual Partner without stating reasons.
3.1. If at the time of the order there are no available copies of the Customer's selected product, ENAGIC shall inform him about it in the order confirmation. If the product is permanently unavailable, ENAGIC shall not accept it. In this case a contract is not concluded.
3.2. If the product designated by the Customer in the order is only temporarily unavailable, ENAGIC will also inform the Customer immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the Customer has the right to withdraw from the contract. Incidentally, ENAGIC is also entitled to withdraw from the contract in this case. ENAGIC will immediately reimburse any payments already made by the customer. As far as advance payment has been agreed, delivery will take place after receiving of the invoice amount.
3.3 As far as products are ordered and delivered outside the EU, Customers may be subject to import duties and taxes, which are collected once the delivery reaches the designated destination. Any additional fees for customs clearance must be borne by the customer. Customs regulations vary from country to country, so the local customs authority should be contacted for more information.
4. Retention of Ownership
4.1 ENAGIC retains ownership of the delivered goods until complete payment of all claims under the delivery contract.
4.2 The Customer is obligated, as long as the property has not been transferred to him, to handle the purchased goods with care. As long as the property has not yet been transferred, the customer must without delay notify ENAGIC in writing if the delivered goods are seized or subjected to other interventions by third parties. Insofar as the third party is not in a position to reimburse ENAGIC for the legal and extrajudicial costs of a claim in accordance with § 771 ZPO (German Code of Civil Procedure), the Customer is liable for the loss incurred by ENAGIC.
5.1 Insofar as the information contained in brochures, advertisements and other offer documents has not been expressly designated as binding by ENAGIC, this information is not binding.
5.2 ENAGIC can refuse the type of supplementary performance selected by the customer, if this is only possible with disproportionate costs and the other type of subsequent performance is possible without significant disadvantages for ENAGIC.
5.3 For the rest, the warranty is based on the statutory provisions.
The contract for the respective service is concluded exclusively between the Customer and ENAGIC. The respective Seller (Distributor) will at no time become the Customer's Contractual Partner and is not liable for contractual primary or secondary claims arising from the contractual relationship.
7. Terms of Payment and Prices
7.1 Payment is by credit card, immediate transfer or prepayment (manual pre-transfer). ENAGIC reserves by each order not to offer certain payment methods and to remit to other payment methods.
For payment by credit card, ENAGIC charges the invoice amount to the Customer's credit card company at the conclusion of the purchase contract. After the credit has been credited to ENAGIC, the goods will be shipped. In this regard, the General Terms and Conditions of the respective credit card company apply.
With the method of payment "SOFORT Überweisung" the settlement is based on the given conditions of the SOFORT GmbH. If a payment by bank transfer is made, an online banking account can be used to trigger the payment for the ordered goods during your order process. After selecting the payment method "Sofortüberweisung" in the order process, you will be redirected to the secure payment form of SOFORT GmbH, Fußbergstraße 1, 82131 Gauting. The SOFORT GmbH automatically takes over the payment process, which is comparable with a debit card payment with PIN, without any possibility of inspection by ENAGIC. As with a debit card payment, SOFORT GmbH checks the availability of your account in the event of a direct transfer. The ENAGIC only receives an automated confirmation in real time from SOFORT GmbH that the transfer has been made.
In the advanced payment, the Customer has to transfer the invoice amount in advance to ENAGIC. The shipment of the products takes place immediately after receiving the payment.
Default of payment occurs at the latest 30 days after the receiving of the invoice, according to the legal regulation.
7.2 ENAGIC is entitled to withhold delays in delivery of further deliveries and services. ENAGIC is also entitled to charge interest in the amount of 5 percentage points above the respective base interest rate.
7.3 All prices are net, plus the statutory value-added tax. Costs of transport, packing and insurance will be charged separately.
8.1 ENAGIC and the Customer are solely responsible for their own fault. The customer releases ENAGIC from all claims asserted by sellers against the Customer and which are based on a Customer's culpable behaviour or the persons responsible for him.
8.2 The liability is basically limited to intentional or grossly negligent behaviour. The limitation of liability does not apply to damages resulting from injury to life, body or health, which are based on a culpable breach of duty. Furthermore, the liability for other damages due to grossly negligent or intentional breach of duty remains unaffected.
9. Limitation Period
The beginning and the end of the limitation period for claims during the contract period or after its termination are ruled by the statutory provisions in §§ 195 et. seq. Bürgerliches Gesetzbuch (German Civil Code).
10. Cancellation Policy
Right of Revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us (ENAGIC Europe GmbH, Immermannstr. 33 40210 Düsseldorf Tel: +49- (0) 211-93 65 70-00 E-Mail: [email protected]) by means of a clear declaration (e.g. a letter sent by post or by e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Reasons for Exclusion or Expiry
The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded.
11. Data protection, storage of data
12. Final Provisions
12.1 The Law of the Federal Republic of Germany is applicable, excluding of the UN Sales Law. Being the Customer a consumer with a habitual residence in the EU, he also enjoys protection of the mandatory provisions of the Law of his country of residence. Claims in connection with these General Terms of Service arising from consumer protection standards may be filed either in Germany or in the EU member state in which the Customer resides.
12.2 The European Commission provides a platform for online dispute resolution, available at https://ec.europa.eu/consumers/odr/. However, ENAGIC prefers to clarify Customer concerns in direct exchange and therefore does not participate in consumer complaint procedures.
12.3 If the Customer is a trader and has his seat at the time of the order in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the court having jurisdiction at the registered office of ENAGIC, unless an exclusive place of jurisdiction exists. The same applies if the Customer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the complaint is filed.