GENERAL TERMS & CONDITIONS
For online orders with
ESBT GmbH, Marktplatz 6, 88316 Isny im Allgäu, Germany
1. Scope of application and definitions
II. Offer and conclusion of contracts
III. Delivery
IV. Prices and payment terms
V. Right of withdrawal
VI. Right of retention and retention of title
VII. Non-availability of the performance
VIII. Liability and liability of defects
IX. Redeeming of vouchers
X. Redeeming of campaign vouchers
XI. Applicable Law<
XII. Place of jurisdiction
XIII. Final provisions
XIV. Information on online Dispute resolution
I. Scope of application and definitions
- These general terms and conditions of ESBT GmbH apply to all contracts that are concluded online with us, among others under www.esbt.one, www.esbt.shop or www.esbt-shop.com. Adverse contractual terms or contractual terms of the client diverging from our general terms and conditions only apply if we have expressly agreed to them.
- A consumer in terms of these general terms and conditions is each individual person who concludes a legal transaction for purposes that predominantly cannot be attributed neither to his/her commercial nor his/her self-employed professional activity.
- Entrepreneurs in terms of these general terms and conditions are individual or legal persons or partnerships having legal capacity that act in the exercise of their commercial or self-employed professional activity when concluding contracts with us.
- These terms and conditions apply accordingly to the purchase of vouchers if and unless otherwise expressly regulated.
II. Offer and conclusion of contracts
- Our offers exclusively address to persons of age and having unlimited legal capacity.
- The presentation of the goods, especially in the online shop, does not yet constitute a binding offer by the seller.
- First, the customer places the selected goods in the shopping cart. In the next step, the ordering process begins, in which all data required for order processing are recorded. At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button that concludes the ordering process, the customer makes a binding offer to purchase the goods in the shopping cart.
- The seller accepts the customer’s offer through the following possible alternatives:
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- Sending a written order confirmation or an order confirmation in text form (fax or e-mail), or
- Request for payment to the customer after placing the order, or
- Delivery of the ordered goods.
The first alternative that occurs is decisive for the time of acceptance. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this constitutes a rejection of the offer. The customer is then no longer bound by his declaration of intent.
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- The contract text of the contract concluded between the seller and the customer is saved by the seller. The contract text is stored on the seller’s internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the general terms and conditions are sent to the customer by email. After completing the order, the contract text is available to the customer free of charge via his customer login, provided that the customer has opened a customer account.
- All entries made are displayed before the order button is clicked and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons are available to the customer for correction, if available, which are labeled accordingly.
- The contract language is either German or English.
- It is up to the customer to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails relating to this order can be delivered.
III. Delivery
- The delivery of goods by dispatch takes place to the delivery address specified by the customer. Deviating from this, the delivery address stored by the customer at PayPal at the time of payment is decisive for payment via PayPal.
- If the client is obliged to advance payment, the performance times/delivery delays mentioned in the offers depend on the fact that the client has made the payment directly after conclusion of the contract.
- If possible, the delivery is effected in one shipment. We are entitled to partial deliveries and partial performance, however, if these are acceptable to the client. Additional costs arising from partial deliveries are borne by us.
- Delivery dates indicated are no fixed dates, unless we have explicitely confirmed such a date as fixed date.
- Due to delays in delivery occurring in our company or in the company of one of our sub-contractor/sub-supplier due to force majeure or due to conditions similar to force majeure (such as measures concerning monetary and trade policy or other official measures, strikes, business disruptions such as fire, engine failures, breaks, shortage of raw materials or energy) we are entitled to postpone the delivery by the duration of the obstruction. If the realization of the contract becomes unacceptable for the client because of the delay, he is entitled to resign. In case of obstructions to performance that are not only temporary, we are entitled to resign from the contract.
- If the seller incurs additional costs due to the specification of a wrong delivery address or a wrong addressee or other circumstances that lead to the impossibility of delivery, these are to be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has adequately announced the service beforehand. The costs of sending the goods are excluded from this rule if the customer has effectively exercised his right of withdrawal. Here it remains with the legal regulation or the regulation made by the seller.
- Pickup is not offered.
- Vouchers are given to the customer in the following form:
- by email
- by post
IV. Prices and payment terms
- The prices shown are final prices including the statutory VAT, unless otherwise agreed. If there are additional shipping costs, this can be found in the product description.
- If the delivery takes place in non-EU countries, additional duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to banks. The customer is advised to inquire about the details before ordering from the respective institutions or authorities.
- The customer can select the payment methods that are available in the online shop. Principally we only accept the payment methods mentioned within the scope of our offer.
- Incidental shipping costs are shown in the order process. You can find an overview of the shipping costs under Delivery and payment methods under Payment.
- In the case of prepayment by bank transfer, the payment is due immediately after the conclusion of the contract, unless otherwise agreed.
- When paying via Klarna Rechnung, Klarna Sofort bezahlen or Klarna Ratenkauf, payment is processed via Klarna BANK AB (publ) [https://www.klarna.com], Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). More information on Klarna Rechnung, Sofort bezahlen or Ratenkauf as well as Klarna’s conditions for this can be found in the seller’s payment information under Payment.
- When paying via Saferpay Credit card, Maestro card or Apply Pay, payment is processed via SIX Payment Services (Europe) S.A. [https://www.six-payment-services.com], Franklinstrasse 61-63, 60486 Frankfurt, Germany (hereinafter “Saferpay”). More information on Saferpay Credit card, Maestro card or Apply Pay, as well as Saferpay’s conditions for this can be found in the seller’s payment information under Payment.
- When paying via Paypal, payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A. [https://www.paypal.com], 22-24 Boulevard Royal, 2449 Luxembourg, Luxembourg (hereinafter “Paypal”). The PayPal terms of use apply for this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
- When paying by “SOFORT”, payment is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter “SOFORT”). In order to be able to use the payment method, the customer needs an online banking account with PIN / TAN that has been activated for participation in “SOFORT”, with which he can legitimize himself during the payment process and confirm the payment instruction to “SOFORT”. The payment is carried out by “SOFORT” immediately after the payment process has been completed and the customer’s bank account is debited. More information on the “SOFORT” payment method can be found on the Internet at https://www.klarna.com/sofort/.
V. Right of withdrawal
- If the customer is a consumer, he is generally entitled to a right of withdrawal.
- The seller’s revocation policy applies to the right of withdrawal.
VI. Right of retention and retention of title
- The client is only entitled to the exercise of a right of retention if his/her counterclaim is based on the same contractual relationship.
- As far as the seller provide advance deliveries of goods, the goods remain the property of the seller until the purchase price has been paid in full.. If third parties take hold of the goods subject to retention of title, the client will point out to our property and will inform us immediately.
VII. Non-availability of the performance
- Each offer is subject to punctual and correct supply to ourselves. If the ordered goods are not available, because we do not obtain the goods from our supplier not resulting from our failure and what we could not foresee when concluding the contract, we are entitled to resign from the contract. In this case, we will inform the client immediately that a delivery is not possible and will immediately pay back to him/her the purchase price possibly already paid. This right vis-à-vis consumer only exists if we have concluded a concrete cover transaction and if the supplier did not deliver us by surprise.
- Any liability for damages for non-performance is excluded, if we have not acted grossly negligent or deliberate as to the lack of availability. A possible liability due to pre-contractual default remains unaffected.
VIII. Liability and liability of defects
- With regard to the warranty, the provisions of statutory liability for defects apply, unless otherwise agreed in these terms and conditions.
- The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. Failure to comply has no effect whatsoever on the customer’s statutory or contractual claims for defects.
- If the client is an entrepreneur, our liability in case of non-intentional acts is restricted to the typically foreseeable damage at the conclusion of the contract. In case of slight negligence, we are only liable in case of violation of essential contractual obligations and our liability is restricted to the typically foreseeable damage at the conclusion of the contract. We are not liable for other damages caused by slight negligence due to a default of the goods. These restrictions do not apply in case of violation of life, body and health. A possible violation because of pre-contractual default or according to the product liability law remains unaffected by these liability restrictions.
- If the client is a consumer, we are only liable in case of slight negligence in case of the violation of an essential contractual obligation and restricted to the typically foreseeable damage at the conclusion of the contract. We are not liable for other damages caused by slight negligence due to a default of the goods. These restrictions do not apply in case of violation of life, body and health. A possible violation because of pre-contractual default or according to the product liability law remains unaffected by these liability restrictions.
- Irrespective of a default, we are only liable in case of fraudulent concealment of a deficiency or due to assuming a guarantee or a warranty. A manufacturer’s warranty is a warranty of the manufacturer and does not represent the assumption of a guarantee by us.
- We are also responsible for the impossibility of the delivery occurring during the delay by chance, unless the damage would have occurred in case of a punctual delivery.
- If the liability for damages is excluded or restricted towards our company, this also applies to the personal liability for damages of our employees, colleagues, assistants, representatives and vicarious agents.
IX. Redeeming of vouchers
- Vouchers that have been purchased through the seller’s online shop (“gift vouchers”) can only be redeemed in the seller’s online shop.
- Gift vouchers and remaining balance of gift vouchers can be redeemed up to the end of the third year after the year in which the voucher was purchased. Any remaining credit will be credited to the customer’s voucher account until the expiry date.
- Gift vouchers can only be redeemed before completing the order process. There is no subsequent redemption.
- Only one gift voucher can be redeemed per order. It is not possible to redeem several gift vouchers in one order. 5. Gift vouchers can only be redeemed for the purchase of goods. The purchase of additional gift vouchers cannot be paid for with a voucher.
- If the value of a gift voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
- Credit on gift vouchers will not be paid out and no interest will be charged.
- Gift vouchers are generally transferable. The seller can make a discharge to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorization, legal incapacity or lack of authorization of the respective owner.
X. Redeeming of campaign vouchers
- Vouchers that the seller gives free of charge as part of (advertising) campaigns with a certain period of validity and that the customer cannot purchase (“promotion vouchers”) can only be redeemed in the seller’s online shop and only within the period specified by the seller.
- Individual products can be excluded from the voucher campaign. The specific restrictions can be found on the campaign voucher.
- Promotional vouchers can only be redeemed before the order process has been completed. There is no subsequent billing.
- Only one campaign voucher can be redeemed per order. It is not possible to redeem several campaign vouchers in one order.
- The value of the goods in each order must at least equal the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
- If the value of a campaign voucher is insufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
- The credit of a campaign voucher is neither paid out nor interest.
- The campaign voucher will also not be reimbursed if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
- Campaign vouchers are generally transferable. The seller can make a discharge to the customer who redeems the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible non-authorization, legal incapacity or lack of authorization of the respective owner.
XI. Applicable Law
- The law of the Federal Republic of Germany applies to the exclusion of the laws governing the international purchase of movable goods.
- The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected.
XII. Place of jurisdiction
- If the customer is a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the sole place of jurisdiction for all disputes arising from this contract is the seller’s place of business.
- If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if this contract or claims from this contract can be attributed to the customer’s professional or commercial activity. However, in the aforementioned cases, the seller is also entitled to call the court at the customer’s registered office.
XIII. Final provisions
- If single clauses of this agreement become completely or partly ineffective or void, the effectiveness of the other provisions remains unaffected.
- The ineffective provision is to be replaced as soon as possible by another provision that comes closest to the economic content of the ineffective provision.
XIV. Information on online Dispute resolution
- The EU Commission’s online dispute resolution platform is available on the Internet at the following link: https://ec.europa.eu/odr
- We are not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but we are ready to do so.