General Terms and Conditions
General Terms and Conditions
§ 1 Scope / Subject Matter
Our T&Cs apply to the supply of movable goods in accordance with the contract which we have concluded with the customer.
§ 2 Offer and Conclusion of Contract
The product descriptions contained in our online shop do not constitute binding offers on our part but form the basis for the submission of a binding offer by the customer.
The customer can submit the offer by telephone, in writing, by fax, by email or by using the online order form provided as an integrated part of our online shop.
In the case of an order using the online order form, in the final step of the order process customers submit a legally binding offer of contract with regard to the goods in the shopping basket by clicking on "Buy now" after entering their personal data.
After the customer has sent us a purchase order, we will send an email confirming receipt of the order and listing the details (order confirmation). This order confirmation does not equate to an acceptance of the customer's offer but is only intended to inform the customer that we have received the purchase order. If a purchase order is made by a consumer, the order confirmation includes instructions on the consumer's statutory right of cancellation. A purchase contract only comes into effect when we send the ordered product to the customer. The customer also agrees to be billed electronically. Electronic invoices will be provided in PDF format.
The purchase order is processed and contact is generally made by email in an automated purchase order processing system. The customer is required to ensure that the email address entered in the purchase order is correct so that the emails which we send to this address can be received. If using spam filters, the customer is in particular required to ensure that these will not block the emails sent by the seller or by third parties instructed by the seller to process the order.
We reserve title and copyright to illustrations, drawings, costings and other documents. This shall also apply to such written documents as are marked confidential. Their circulation to third parties by the customer shall require our express written consent.
§ 3 Record of Contract Text
We will save the contract text relating to your purchase order. You can print it out before sending your purchase order to us by highlighting the relevant text in the last step of the purchase process, copying and pasting it into a document and then printing it out.
§ 4 Reservation of Title
We reserve title to the purchase item until such time as the purchase price has been paid in full.
The customer is required to inform us immediately if execution is levied upon the goods subject to reservation of title and to provide us with the documents necessary for any intervention; this shall also apply in respect of impairments of any kind. Irrespective of the above, the customer is required at the outset to notify the third parties of the existing rights to the goods.
Goods supplied to businesses shall remain our property until such time as all outstanding accounts have been paid in full. The customer shall be required to bear the costs of any intervention on our part if the third party is unable to reimburse said costs. If the goods subject to reservation of title are resold, the customer hereby assigns to us by way of security the claims against the buyers in connection with the transactions until such time as all our claims have been met in full. If the goods subject to reservation of title are processed or altered or joined to other items, we shall directly acquire title to the item produced. If the value of the security exceeds our claims against the customer by more than 20%, we will be required at the request of the customer to release the securities of our choice to the corresponding extent.
§ 5 Prices, Shipping Costs and Terms of Payment
The quoted purchase price is binding. Purchase prices as quoted to consumers are inclusive of statutory value added tax. The net price only is quoted to businesses. The statutory value added tax is therefore not included in our price; it is shown separately on the invoice and charged at the statutory rate applicable on the date of invoicing.
Changes may be made to prices if there are more than four months between conclusion of the contract and the agreed delivery date. If the labour or material costs then change before the time of delivery, we shall be entitled to adjust the price accordingly in line with the rise or drop in costs. The customer will only have the right to withdraw from the contract if the price increase substantially exceeds the rise in the general cost of living between the purchase order and delivery. The customer will only have rights of set-off if his counterclaims are recognised by declaratory judgement, undisputed or acknowledged by us.
We charge the following flat shipping rates for deliveries in Germany regardless of weight and order value:
Payment in advance: €8.90
Payment on delivery: €15,10
Payment online via Sofortüberweisung.de: €9.90
Payment via PayPal: €8.90
The delivery charge is included in the additional fee for the cash-on-delivery service. For purchase orders from abroad, with the exception of Belgium, Netherlands, Austria and Switzerland, we only accept payment in advance and payment via PayPal. For purchase orders from Belgium, England, Italy, Poland, Hungary, France, Spain, Netherlands, Austria and Switzerland we accept payment in advance and payment via PayPal and Sofortüberweisung.de. The shipping costs for purchase orders from abroad are set out in a table of shipping costs in the order process in our online shop.
If you choose to pay in advance, we will give you the bank details in the order confirmation. Unless otherwise agreed, the invoice amount is to be transferred to our account within six days. In the case of payment in advance, the delivery period will begin on the day after the payment order is issued to the relevant bank; in the case of cash on delivery or purchase on account, the delivery period will begin on the day after conclusion of the contract and will end on the last day of the delivery period agreed in any given case. If the last day of the delivery period falls on a Saturday or Sunday or on an officially recognised general public holiday in the place of delivery, the next working day shall apply as the last day.
If we have specified delivery periods and taken these as a basis for the placing of the order, such periods shall be duly extended for the duration of the delay in the case of industrial action and acts of God. The same shall apply if the customer fails to comply with any obligations to cooperate or if the beginning of the delivery period falls in our holiday closure period.
Goods will normally be shipped by the method and to the delivery address stated by the customer. The delivery address stated in the purchase order shall be taken as definitive when processing the transaction.
If the forwarding agent returns the shipped goods to us because they could not be delivered to the customer, the customer shall bear the costs of the unsuccessful delivery. This shall not apply if the customer, exercising due right of cancellation, refuses to accept the goods, nor if the circumstance which made it impossible for the goods to be delivered was beyond the customer's control or if the customer was temporarily unable to accept the delivery, unless we had given reasonable advance notice of the delivery.
§ 6 Liability for Defects
If the customer is a consumer, our liability in the event of a defect shall be as set out in statutory provisions. The warranty period for new items is two years and for used items one year. The term shall commence on the passing of risk. The consumer is required to report obvious defects to us in writing within two weeks of their emergence. If this deadline is not met, the statutory warranty rights will lapse. This will not apply if we have maliciously concealed the defect or have furnished a guarantee for the condition of the relevant item.
If the customer is an entrepreneur, the warranty period is one year in all cases. We reserve the right to choose the method of renewed performance. The statutory limitation period under sections 478 and 479 of the German Civil Code (BGB) will remain unaffected in the event of recourse. This will not apply in the case of claims for damages due to defects.
The customer will not be issued with guarantees in the legal sense unless this has been expressly agreed.
The entrepreneur is also required to inspect the goods immediately on delivery and to report any defects to the seller immediately. If the buyer fails to issue said report, the goods shall be deemed to have been accepted unless the nature of the defect is such as would prevent it from being identified at the time of inspection.
§ 7 Data Protection
On the initiation, conclusion, winding up or rescission of a purchase contract, we collect, save and process data in due compliance with legal provisions.
If you visit our website, our system will log the IP address currently used by your PC, the date and time, the browser type, the operating system of your PC and the pages you have visited. However, this information does not enable us to establish your personal details, nor is it intended to do so.
The personal details which you send us – when you place a purchase order, for example, or in an email (e.g. your name and contact data) – will only be used in correspondence with you and will only be processed for the purpose for which you supplied us with the data. We will only pass your data on to the shipping company instructed with the delivery to the extent necessary to deliver the goods. In order to process payments, we will forward your payment details to the bank instructed with the remittance.
We further undertake not to forward your personal details to third parties unless we are legally obliged to do so or have obtained your prior consent. If we make use of the processing services of third parties, we will comply with the terms of the German Data Protection Act (BDSG).
§ 8 Duration of Storage
Personal details which have been disclosed to us via our website will only be saved until such time as the purpose for which they were supplied to us has been fulfilled. The duration of storage for certain data records can extend to up to 10 years if subject to retention periods under commercial and fiscal law.
§ 9 Your Statutory Rights
If you no longer agree to the storage of your personal details or if they are no longer correct, we will delete, correct or block your details, duly acting on your instructions and complying with legal provisions. We will comply with any requests for disclosure regarding your personal details stored in our records, supplying all the relevant information free of charge. Please address any questions on the collection, processing or use of your personal details and any requests for disclosure, correction, blockage or deletion of details to the following address:
ENS Handel und Vertriebsservice GmbH, Hochzeitspfad 1, 67098 Bad Dürkheim, fax: 06322 948530, tel.: 06322 948529, email address: firstname.lastname@example.org
§ 10 Links to Other Websites
If we refer to third-party websites or publish links to them on our website, we cannot offer any guarantee that the content of these websites is correct and complete nor can we accept liability for the data security of these websites. We have no control over the compliance of third parties with data privacy regulations, therefore you should always check the relevant data privacy statements in any individual case.
§ 11 Liability for Damages
Our liability for breach of contract and in tort shall be limited to deliberate intent and gross negligence. This does not apply in the case of damage to life, limb or health of the customer, claims due to a breach of cardinal duties, i.e. duties so substantive to the contract that their neglect puts in jeopardy the fulfilment of the purpose of the contract, nor does it apply to compensation for damages caused by default (section 286 of the German Civil Code (BGB)). In this respect we will be liable for default to the full extent.
The above exclusion of liability shall also apply to slightly negligent breaches of duty on the part of our vicarious agents.
If liability for damages which are not based on injury to life, limb or health of the customer is not excluded for slight negligence, any such claims shall lapse within one year of origination of the claim.
If our liability for damages is excluded or limited, this shall also apply in respect of the personal liability for damages of our salaried staff, workers, employees, representatives and vicarious agents.
§ 12 Limitation of Action in Respect of Our Own Claims
Notwithstanding section 195 of the German Civil Code (BGB), our claims to payment will become statute-barred in five years. Section 199 of the German Civil Code (BGB) shall apply with regard to the commencement of the statutory limitation period.
§ 13 Applicable Law
Unless agreed otherwise in the individual case, contracts with entrepreneurs shall be governed by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. The law of the Federal Republic of Germany shall apply to contracts with consumers.
§ 14 Place of Jurisdiction
If the customer has no place of general jurisdiction in Germany or in another EU Member State, our place of business shall be the place of exclusive jurisdiction for all disputes arising from this contract.
If the customer is a merchant, a corporate body under public law or a special fund under public law, the court having material jurisdiction for our place of business shall have exclusive jurisdiction.
§ 15 Place of Performance
Unless otherwise determined in the contract, our place of business shall be the place of performance and payment. For consumers, the statutory regulations on places of jurisdiction shall remain unaffected.
§ 16 Form of Declarations
Statements and notifications of legal relevance which the customer is required to issue to us or to a third party must be made in writing.