Condiciones Generales de Venta

(2023-10-20)

1. Scope of Application

   1. These General Terms of Sale (hereafter: "GTS") shall apply to all contracts concluded between us, the Enagic Europe GmbH, Immermannstraße 33, 40210 Düsseldorf, registered in the Commercial Register of the local court of Düsseldorf under HRB 58900 (hereafter "ENAGIC") and you as our customer. These GTS shall apply regardless of whether you are a consumer, entrepreneur or merchant.
   2. All agreements made between you and us in connection with the purchase contract follow from these GTS and our written declaration of acceptance.
   3. The version of the GTS valid at the time of conclusion of the contract shall apply.
   4. We do not accept any deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.

2. Contract Conclusion

   1. The presentation and advertising of products on our website and in our product manuals and brochures does not constitute a binding offer to conclude a purchase contract, but an invitation for you to order the products.
   2. By submitting an order via the online store by clicking the button „submit my order” or via our product order form, you place a legally binding order (offer). You are bound to the order for a period of two (2) weeks after placing the order, decisive is the date of receipt of the order; your right to revoke your order, if any, according to § 3, shall remain unaffected.
   3. We shall immediately confirm receipt of your order (e.g. by e-mail). Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
   4. A contract shall only be concluded when we accept your order by means of a declaration of acceptance or delivery of the ordered products.
   5. If the delivery of the goods ordered by you is not possible, for example because the corresponding goods are not in stock, we refrain from a declaration of acceptance. In this case a contract is not concluded. We will inform you of this immediately. We will, at your discretion, either refund any consideration already received without delay, or send the goods once they are back in stock.

3. Derecho de Revocación

   1. If you are a consumer (i.e. a natural person who places an order for a purpose that cannot be attributed to your commercial or independent professional activity), you shall have a right of revocation in accordance with the statutory provisions.
   2. If you, as a consumer, make use of your right of revocation pursuant to Section 1, you shall bear the regular costs of the return shipment.

   3. In all other respects, the right of revocation shall be governed by the provisions set forth in detail in the following

      - Revocation policy -

      Derecho de Revocación

      Tiene derecho a rescindir este contrato en un plazo de catorce días sin necesidad de justificación.

      The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

      In order to exercise your right of withdrawal, you must inform us, ENAGIC Europe GmbH, Immermannstraße 33, 40210 Düsseldorf, Phone: +49-(0)211-936570-00, Fax: +49-(0)211-936570-27, E-Mail:[email protected], by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory.

      In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

      Consecuencias de la Revocación

      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 most favorable 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 or to our Sales Department, Charlottenstraße 73, 40210 Düsseldorf 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.

      Usted correrá con los costes directos de devolución de los bienes.

      Usted solo tendrá que pagar cualquier pérdida de valor de los bienes si esta pérdida de valor se debe a una manipulación de los bienes que no sea necesaria para comprobar el estado, las propiedades y el funcionamiento de los bienes.

      - End of Revocation Policy –

   4. The right of revocation does not apply to distance contracts for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded (e.g. UKON products).

4. Terms of Delivery and Reservation of Advance Payment

   1. We are entitled to make partial deliveries as far as this is reasonable for you.
   2. The delivery period is approximately fourteen (14) working days, unless otherwise agreed. It begins - subject to the provision in paragraph 3 - with the conclusion of the contract.
   3. In the case of orders from customers with their place of residence or business abroad or in the case of justified indications of a risk of non-payment, we reserve the right to deliver only after receipt of the purchase price plus shipping costs (advance payment reservation). If we make use of the advance payment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.

5. Prices and Shipping Costs

   1. All prices in our online store and in our product manuals and brochures are net prices exclusive of the statutory sales tax. Insofar as the goods are delivered outside the EU, taxes and customs duties may be incurred, which are to be borne by you. For more information, please contact our sales department.
   2. The prices are exclusive of any shipping costs. The shipping costs are specified in our price information in our online store or in our order form.
   3. If we fulfill your order according to § 4 para. 1 by partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries are made at your request, we will charge shipping costs for each partial delivery.
   4. If you effectively revoke your contractual declaration in accordance with § 3, you may, subject to the statutory requirements, demand reimbursement of any costs already paid for shipment to you (delivery costs) (cf. on other consequences of revocation § 3 para. 3).

6. Terms of Payment and Offsetting and Right of Retention

   1. You can choose to pay the purchase price and shipping costs either by credit card or by online wire transfer “SOFORT” or by prepayment to our account indicated in the online store or the order form.
      For payment by credit card, we charge the invoice amount to your credit card company. The General Terms and Conditions of the respective credit card company apply.
      For the payment by online wire transfer "SOFORT” the settlement is based on the given conditions of the SOFORT GmbH. 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. SOFORT GmbH checks the availability of your account. We receive an automated confirmation in real time from SOFORT GmbH that the transfer has been made.
      In case of prepayment, you have to transfer the invoice amount in advance to our account indicated in the online store or the order form.
   2. The shipment of the products takes place immediately upon receipt of the payment.
   3. You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same purchase contract.
   4. As the purchaser, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

7. Retention of Title

   The delivered goods remain our property until full payment of the purchase price.

8. Garantía

   1. We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
   2. Any guarantees given by us for specific products shall be in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such guarantees shall be set out in the guarantee conditions which you can find on our website and may be enclosed with the products.

9. Liability

   1. We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
   2. In other cases, we shall only be liable - unless otherwise stipulated in para. 3 - in the event of a breach of a contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely (so-called cardinal obligation), limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the provision in para. 3.
   3. Our liability for damages arising from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

10. Copyrights

    We have copyrights to all pictures, films and texts published in our online store and in our product manuals and brochures. A use of the pictures, films and texts, is not permitted without our express agreement.

11. Applicable Law and Place of Jurisdiction

    1. The law of the Federal Republic of Germany shall apply under the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
    2. If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of ENAGIC. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.