Terms and conditions including cancellation policy
Terms and conditions within the scope of purchase contracts concluded via the platform "Online Store (ekastushop.de)" of the
EKASTU Safety AG, Kreuzbühel 8, FL-9493 Mauren
Tel: +423 380 06 06, info@ekastu.li
Member of the Board of Directors and President: Marina Mlinaric
Commercial Register Liechtenstein Register No. FL-0002.221.857-7,
Value Added Tax Number 56616
hereinafter referred to as "Provider”
between the
EKASTU Safety GmbH, Schänzle 8, DE-71332 Waiblingen,
Tel: +49(0)7151/975099-0, Fax: +49(0)7151/975099-30, info@ekastu.de,
President: Diplom-Kaufmann Wolfgang Klein
Registered in the Commercial Register B of the District Court Stuttgart, HRB 9878, Value Added Tax Number Identification Number DE 147854234
hereinafter referred to as "Seller”
and
the customer described in § 2 of the contract
hereinafter referred to as "Customer”
are concluded:
§ 1 Scope, definitions
(1) The business relationship between the supplier and the seller on the one hand and the customer on the other hand shall be governed exclusively by these General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the customer are not recognized, unless the supplier expressly agrees to their validity in writing.
(2) The Customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The Customer can select products from the Provider's range and collect them in a so-called shopping cart by clicking on the button "add to shopping cart". By clicking the button "order with obligation to pay" he makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his application.
(2) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, 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 concluded only by the submission of the declaration of acceptance by the provider, which is sent with a separate email (order confirmation). The provider submits this declaration of acceptance on behalf of the seller, who has instructed and authorized him to do so.
In this eMail or in a separate eMail, but at the latest upon delivery of the goods, the contract text (consisting of order, GTC and order confirmation) will be sent to the customer on a permanent data carrier (eMail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection laws.
(3) The contract shall be concluded in German.
§ 3 Deliveries, services, availability of goods
(1) Specified delivery times are calculated from the time of order confirmation, prior payment of the purchase price provided (except for purchase on account). If no or no deviating delivery time is specified for the respective goods in the web store, it shall be 10 days.
(2) If no copies of the product selected by the Customer are available at the time of the Customer's order, the Provider shall inform the Customer of this immediately in the order confirmation. If the product is permanently not available, the Provider shall refrain from a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall also inform the Customer of this without delay in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. The customer's statutory right of withdrawal (see § 9 of these contractual conditions) is not affected by this. In this case, the seller is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
(4) The Seller shall not be responsible for delays in delivery and performance due to force majeure, official measures not caused by the Seller or other comparable and previously seen circumstances - this also includes subsequent material procurement difficulties for which the Seller is not responsible, operational disruptions also due to cyber damage, strike or lockout, shortage of personnel or defects in transports all related to external companies - in the case of bindingly agreed deadlines. They entitle the seller to postpone the delivery or service by the duration of the delay plus a reasonable start-up period or to withdraw from the contract in whole or in part because of the part not yet fulfilled. Claims for damages by the Buyer are excluded.
(5) The following delivery restrictions apply: The Seller shall only deliver to customers who have their habitual residence (invoice address) in a country belonging to the European Union and provide a delivery address in the same country.
§ 4 Retention of title
Until full payment, the delivered goods remain the property of the seller.
§ 5 Prices and shipping costs
(1) All prices stated on the website of the vendor are inclusive of the applicable statutory sales tax.
(2) The shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal. From a goods order value of 100.00 EUR, the seller delivers to the customer free of shipping costs.
(3) The Seller shall bear the shipping risk if the Customer is a consumer. For deliveries with a value of less than 100.00 EUR, shipping costs are calculated at 8,90 EUR and must be paid additionally. The maximum value of an order is 3.000,00 EUR.
(4) The customer has to bear the direct costs of the return in case of a revocation.
§ 6 Payment modalities
(1) The customer can make payment by credit card, SEPA direct debit or PayPal.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay interest on arrears to the Seller in the amount of 5 percentage points above the base interest rate.
(4) The Customer's obligation to pay default interest shall not preclude the Seller from asserting further claims for damages caused by default.
§ 7 Warranty for material defects, guarantee
(1) The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB. In relation to entrepreneurs, the warranty period on goods delivered by the seller is 12 months.
(2) An additional warranty exists for the goods delivered by the Vendor only if this was expressly stated in the order confirmation for the respective item.
(3) Regulations of the Product Liability Act remain unaffected.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, the seller or their legal representatives or agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of material contractual obligations, the Provider and the Seller shall only be liable for the foreseeable damage typical for this type of contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider and Seller if claims are asserted directly against them.
(4) The provisions of the Product Liability Act shall remain unaffected.
(5) The customer shall only have a right of set-off if his claim put forward for set-off has been legally established or is undisputed.
§ 9 Electronic and digital communication
The customer agrees to electronic and digital communication. The customer is aware of the associated risks ("cyber risks"). The above provisions shall also apply to liability in this context.
§ 10 Cancellation policy
(1) When concluding a distance selling transaction, consumers generally have a statutory right of revocation, which the Provider shall inform them of below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a sample withdrawal form.
(2) The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal was removed after delivery.
(3) The seller grants the customer, who is a consumer, the option to fill out the following model withdrawal form and submit it to the seller. If the customer, who is a consumer, makes use of this option, the seller shall confirm receipt of the revocation to the customer, who is a consumer, without undue delay on a durable medium. About the model withdrawal form, the provider and the seller inform according to the legal regulation as follows:
Model withdrawal form
(If you want to revoke the contract, please fill out this form and send it back).
To the company
EKASTU Safety GmbH
Schänzle 8
DE-71332 Waiblingen/Germany
Tel no.: +49(0)7151/975099-0
Fax no.: +49(0)7151 975099-30
eMail: info@ekastu.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
Date
(*) Delete as applicable
§ 11 Choice of law and place of jurisdiction
(1) Contracts between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the country in which the customer has his habitual residence, shall remain unaffected.
(2) The statutory provisions shall apply to the place of jurisdiction.
§ 12 Severability clause
If any clause of these General Terms and Conditions should be or become invalid, the remaining provisions shall remain valid. The statutory provisions shall apply in place of the invalid clause.
Cyber Risks:
I, in my capacity as a user (user) of the platform "Online Store (ekastushop.de)", agree to electronic and digital communication and know the risks associated with it ("cyber risks").
EN 04-04.23