§ 1 Scope of application
It applies to all business relations between espero e. K. , Winchesterstr. 2,35 394 Giessen (hereinafter referred to as the “Seller”) and the Purchaser (hereinafter referred to as the “Buyer”) shall apply only to the following general terms and conditions. Deviating conditions are not accepted.
§ 2 Contract formation
Die im gesamten Web-Auftritt dargestellten Produkte des Verkäufers stellen für den Käufer einen unverbindlichen digitalen Katalog und kein rechtlich bindendes Angebot dar. Für den Katalog gilt „solange der Vorrat reicht“. Der Käufer kann Waren zunächst per Klick auf „In meinen Warenkorb“ in einem digitalen Warenkorb sammeln. Über den Warenkorb kann er durch Klick auf „Weiter zur Kasse“ zum letzten Schritt des Bestellvorgangs gelangen. Erst durch Klick auf den Button „Jetzt bestellen und Tiere schützen“ gibt der Käufer eine verbindliche Bestellung der Waren im Warenkorb ab. Der Kaufvertrag kommt zustande, indem der Verkäufer mittels einer E-Mail die Bestellung des Käufers annimmt.
§ 3 Right of withdrawal
Innerhalb von 14 Tagen haben Sie das Recht diesen Vertrag ohne Angabe von Gründen zu widerrufen. Die Frist beginnt ab dem Zeitpunkt, an dem Sie oder ein von Ihnen Bevollmächtigter die Produkte in Besitz genommen hat. Sie müssen uns durch eindeutige Erklärung in Textform (z.B. per Post oder E-Mail) oder durch schlichte Rücksendung der Ware darüber informieren, dass Sie diesen Vertrag widerrufen, um von Ihrem Widerrufsrecht Gebrauch zu machen. Zur Wahrung der Frist ist es ausreichend, die Mitteilung vor Ablauf der Widerrufsfrist abzuschicken. Der Widerruf ist zu richten an: espero, Winchesterstr. 2, 35394 Gießen | email@example.com). Dafür haben Sie die Möglichkeit, das zur Verfügung gestellte Muster-Widerrufsformular zu nutzen.
Consequences of withdrawal
Innerhalb von 14 Tagen, nachdem Ihre Widerrufserklärung bei uns eingegangen ist, haben Sie die Produkte an folgende Adresse zu senden:
espero c/o Tim Weinel
35394 Giessen, GERMANY
It is sufficient to meet the deadline to send the goods within 14 days. You bear the direct costs for returning the goods. You only have to pay for any loss of value as a result of damage to the goods if such a loss has occurred by handling the goods on your part, which is not due to the verification of the nature, properties or functionality.
Within 14 days of receipt of your declaration of revocation, we will refund you all payments you have received, including any payments you have received including the delivery costs paid. The refund shall be made by the same method as the payment has been made. The refund shall be made on a one-to-one basis after the goods have been returned. No fees are charged for the repayment.
We’re obliged per Art. 246a § 1 para. 2 sentence 1 No. 2 EGBGB for returns outside Germany to inform the buyer that he has to pay the direct costs of the return according to § 357 para. 6 p. 1 of the German Civil Code.
§ 4 Shipping
The products are delivered to the address provided by the buyer during the ordering process within about 6-8 working days in Germany after the buyer's payment is received on the seller's account. Within the EU, outside Germany, the delivery of the order to the address provided by the buyer during the ordering process takes place within 12-14 working days after receipt of payment. If the seller is not able to deliver the ordered products, for example due to lack of availability of the ordered product, the seller is entitled to withdraw from the contract. In this case the seller is obliged to inform the buyer immediately that the ordered product is not available. The costs of a return shipment will be borne by the seller in case of defective goods or incorrectly assembled goods. Should the delivery of the goods fail through the fault of the buyer despite three attempts to deliver the goods, the seller can withdraw from the contract. Any payments made will be refunded to the buyer immediately. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any payments already made.
§ 5 Shipping costs
Shipping within Germany is free of charge. Within the EU, outside Germany, shipping costs are 9.80 EUR and are to be payed by the buyer. Shipping to countries outside of the EU is currently not possible.
§ 6 Maturity, payment and delay
For payment, the customer can choose between prepayment (transfer), direct pay (Klarna) and PayPal. In case of payment through third parties, their general terms and conditions apply. Invoices are due for payment within 14 days. The products are shipped only after receipt of payment. If the buyer is in default of payment, the seller is entitled to withdraw after setting a deadline has failed.
§ 7 Compensation, retention
If counterclaims of the buyer are legally established or undisputed by the seller, the buyer is entitled to offset. The buyer shall only be entitled to a right of retention if the counterclaim is based on the same contractual relationship.
§ 8 Prices
All orders are subject to the prices at the time of the buyer’s order. The Seller has the right to change the prices. All prices already include the turnover tax valid in Germany at the time of the order.
§ 9 Reservation of ownership
Until complete payment by the buyer, the goods remain the property of the seller.
§ 10 Warranty
The statutory warranty provisions apply. For statutory warranty claims, the warranty obligation is 2 years. Legal warranty claims remain unaffected even if the seller should grant special warranties. Legal warranty rights exist for all goods offered. Excluded from the warranties are such damages, which can be attributed to ordinary sealing, incorrect care or improper use of the products.
§ 11 Liability for defects
The statutory provisions shall apply if a defect in a product is present. The claims resulting from this cannot be assigned by the buyer. The buyer is obliged to return the first delivered goods to the seller within 14 days and at the seller's expense if the seller's subsequent performance has been effected by way of replacement delivery. The return of the defective goods is carried out according to the legal regulations. Under the statutory provisions, the seller reserves the right to claim damages. From the time of delivery, the period of limitation is 24 months. If the cause of damage is caused by intent or gross negligence, the seller shall be liable without limitation. In addition, the Seller shall also be liable for the negligent breach of material obligations, through which the achievement of the purpose of the contract was endangered, or for breaches of obligations, through the fulfilment of which a proper execution of the contract is possible in the first place and on the observance of which the Buyer relies. In such a case, the Seller shall be liable for the damage typical for the contract. The Seller shall not be liable for a slightly negligent breach of duties other than those mentioned above. The above limitations of liability shall not apply in the case of fraudulently concealed defects, in the case of a defect after a guarantee for the product quality has been given or in the case of injury to health, life or limb. Liability under the Product Liability Act remains unaffected. If the Seller's liability is excluded, then this also applies to the personal liability of vicarious agents, employees and representatives.
§ 12 Product descriptions
Please note the product descriptions as the images of the products may differ from the originals due to different representations of hardware and software.
§ 13 Applicable law
The law of the Federal Republic of Germany shall apply. The provisions of the UN Sales Law (CISG) do not apply. The exclusive place of jurisdiction for all disputes shall be the Seller’s registered office in 35394 Giessen, provided that the Buyer is a merchant, a legal person governed by public law or a special asset governed by public law. If the buyer does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the action is brought, the same shall apply.
§ 14 Partial ineffectiveness
The effectiveness of other provisions shall remain unaffected if one of the provisions is ineffective. In order to achieve the desired economic objective as far as possible, both parties shall endeavour to substitute effective provisions in the event of ineffective provisions.
§ 15 Storage of the contractual texts
The buyer may print or save the contract text before submitting his order, using the printing or storage function of his browser. In addition, the seller receives an order confirmation with all order data to the deposited e-mail address. With the order confirmation the buyer receives a copy of the General Terms and Conditions incl. Withdrawal policy.
§ 16 Businesses with merchants
For business with merchants, the aforementioned provisions regarding revocation and return do not apply. For merchants the legal regulations apply. The place of jurisdiction for both parties to the contract is the city of Gießen. The law of the Federal Republic of Germany shall apply.
§ 17 Escape clause
If individual provisions of these General Terms and Conditions are legally or partially invalid or lose their legal validity, this shall not affect the validity of the General Terms and Conditions. In this case, the invalid provision is always replaced by the statutory provisions. The same applies if the general terms and conditions show an unforeseen gap.