TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS of the ERST Project GmbH
1. Scope of application
2. Offers and descriptions of services
3. Order process and conclusion of contract
4. Consumers’ right of withdrawal, return costs, cancellation policy
5. Prices and shipping costs
6. Delivery, availability of goods
7. Payment modalities
8. Retention of title
9. Warranty for material defects and guarantee
10. Liability and limitation of liability
11. Storage of the contract text
12. Data protection
13. Place of jurisdiction, applicable law, contractual language
14. Final provisions
15. Provider identification, summonable address
1. Scope of application
1.1 For the business relationship between ERST Project GmbH, Aiterhofener Str. 4 in 94330 Salching, Germany (hereinafter referred to as “Seller”) and the customer (hereinafter referred to as “Customer”) the following General Terms and Conditions of Business shall apply in the version valid at the time of the order. The General Terms and Conditions shall apply irrespective of whether the customer is a consumer or an entrepreneur.
1.2 You can reach our customer service for questions, complaints and objections on weekdays from 8:00 am to 5:00 pm by calling +49 (0) 9426 7633033 on the fax number +49 (0) 9426/852377 or by e- mail at info@erst-project.de.
1.3 A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB).
Entrepreneurs within the meaning of these GTC are natural or legal persons or partnerships with legal capacity with whom business relations are entered into, who act in the exercise of a commercial, independent or freelance activity (§ 14 BGB).
1.4 Deviating terms and conditions of the customer shall not be recognized, even if the seller does not object to their inclusion; something else shall only apply if the seller expressly agrees to their validity.
1.5 The customer assures that all information provided by him during the order or registration in the online shop (eg name, address, e-mail address, bank details, etc.) is true. The seller must be informed immediately of any changes.
1.6 The seller delivers his goods only to customers in the Federal Republic of Germany, Austria and Switzerland.
2. Offers and service descriptions
The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogs as well as on the websites of the seller do not have the character of an assurance or guarantee.
3. Order process and conclusion of contract
3.1 The customer can select products from the seller’s range without obligation and collect them in a so-called shopping cart by clicking the button “Add to cart”. The Customer can then proceed to the conclusion of the ordering process within the shopping cart by clicking on the “Continue to checkout” button.
3.2 By clicking the “Buy” button, the Customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
3.3 The customer is bound to his binding application for a period of two (2) weeks after submitting the order. His right to revoke his order, if applicable as consumer according to section 4, remains unaffected.
3.4 The Seller will 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 by using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the seller has received the customer’s order and does not constitute a contractual acceptance of the application. A contract is only concluded when an order confirmation is sent or when the goods are delivered.
3.5 If the seller allows payment in advance, the contract is concluded with the sending of an order confirmation including bank details and payment request. If the payment is not received by the seller within 10 calendar days after sending the order confirmation, despite the due date, the seller shall withdraw from the contract with the consequence that the order is null and void and the seller has no obligation to deliver. The order is then completed without further consequences for the buyer and the seller. A reservation of the article with prepayment is therefore made for a maximum of 10 calendar days.
4. Consumers’ right of withdrawal, return costs, cancellation policy
(1) If the customer is a consumer (see also point 1.3 above), he has a right of revocation in accordance with the statutory provisions.
(2) If the consumer exercises his right of revocation, he shall bear the direct costs of returning the goods.
(3) We, the seller, grant you, the customer, the following
Cancellation policy:
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period is fourteen days from the day on which you or a third party designated by you, who is not a carrier, have taken or has taken possession of the goods.
In order to exercise your right of revocation, you must inform us (ERST Project GmbH, Aiterhofener Str. 4, D-94330 Salching, phone number: +49 (0) 9426 3739990, fax number: +49 (0) 9426 852377, email: info@erst-project.de) by means of a clear statement (eg a letter, fax or email sent by post) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this 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 end of the revocation period.
Consequences of the revocation:
If you revoke this contract, we shall reimburse you for all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day on which we receive 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; under no circumstances will you be charged for this repayment. We may refuse to make a refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us without delay and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods.
You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.
– End of the cancellation policy –
((4) Sample revocation form
1. To ERST Project GmbH
Aiterhofener Str.4
94330 Salching,Germany
Telefonnummer: +49 (0) 9426 7633033
Telefaxnummer: +49 (0) 9426 852377
E-Mail: info@erst-project.de
2. I/we* hereby revoke the contract concluded by me/us* for the purchase of the following goods:
……………………………………………………………………..
……………………………………………………………………..
…………………………………………………………………….. (name of the goods, if applicable order number and price)
3. Ordered on:* 4. Received on:*
………………………………… …………………………………
(Date) (Date)
5. (Name, address of the consumer)
…………………………………..
…………………………………..
…………………………………..
6. Date
………………………………………..
Consumer signature (only for written revocation)
*Delete as applicable.
(5) The right of withdrawal does not apply to contracts
a. a.for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
b. b. the supply of goods which are liable to deteriorate rapidly or whose expiry date would be quickly exceeded;
(6) The right of withdrawal expires prematurely for contracts
a. a.for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.
b. b.for the delivery of goods, if these have been inseparably mixed with other goods after delivery due to their nature
5. Prices and shipping costs
5.1. All prices quoted on the Seller’s website are inclusive of the applicable statutory value added tax.
5.2. In addition to the indicated prices, the seller charges shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.
6. Delivery, availability of goods
6.1. Insofar as advance payment has been agreed, delivery shall take place after receipt of the invoice amount.
6.2. Should not all ordered products be in stock, the seller is entitled to make partial deliveries at his own expense, as far as this is reasonable for the customer.
6.3. 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 customer immediately.
6.4. 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.
6.5. Customers will be informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.
7. Terms of payment
7.1. The customer can choose from the available payment methods during and before completion of the order process. Customers will be informed about the available payment methods on a separate information page.
7.2. If payment by invoice is not possible, payment must be made in advance without deduction. For all other payment methods, payment must be made in advance without deduction.
7.3. If third-party providers are commissioned with the payment processing, e.g. Paypal, their general terms and conditions apply.
7.4 If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case the customer shall pay the statutory default interest.
7.5 The Customer’s obligation to pay interest on arrears does not exclude the Seller from asserting further claims for damages caused by default.
7.6 The customer shall only be entitled to offsetting if his counterclaims have been legally established or acknowledged by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.
8. Retention of title
8.1 The delivered goods remain the property of the seller until full payment has been received.
8.2 The seller must be informed immediately after becoming aware of any access by third parties to the reserved goods. The customer shall be liable for all costs incurred for the cancellation of such seizures, in particular through the filing of a third-party action against execution, insofar as the reimbursement of the costs cannot be obtained from the third party concerned.
8.3 Prior to the transfer of ownership, the goods may not be transferred by way of security, pledged, processed, altered or sold without the consent of the seller.
9. Warranty for material defects and guarantee
9.1 The warranty is determined by legal regulations.
9.2 A guarantee exists for the goods delivered by the seller only if it has been expressly given. Customers will be informed about the guarantee conditions before the order process is initiated.
10. Liability and limitation of liability
10.1 The following exclusions and limitations of liability shall apply to any liability of the seller for damages and reimbursement of expenses, notwithstanding any other legal requirements for claims.
10.2 The seller shall be liable without limitation if the cause of the damage is based on intent or gross negligence.
10.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations whose breach endangers the achievement of the purpose of the contract, or for the breach of obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences.
10.4 The above limitations of liability shall not apply in the event of injury to life, body and health, for a defect after a guarantee for the quality of the product has been given and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
10.5 As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
11. storage of the contract text
11.1 The customer can print the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2 The seller will also send the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, the customer also receives a copy of the General Terms and Conditions of Business together with information on the right of revocation and notes on shipping costs as well as terms of delivery and payment. If the customer should have registered in the shop of the seller, he can view his placed orders in his profile area. In addition, the seller saves the text of the contract, but does not make it accessible on the Internet.
12. Data protection
The seller collects and stores the data of the customer necessary for the business transaction. When processing the personal data of the customer, the seller observes the legal regulations. Further details can be found in the data protection declaration available in the online offer of the seller.
13. Jurisdiction, applicable law, contractual language
13.1 Place of jurisdiction and place of performance is the seller’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
13.2 The law of the Federal Republic of Germany shall apply, excluding 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.
13.3 Contract language is German.
14. Final provisions
14.1 This contract contains all agreements made between the parties concerning the subject of the contract. Oral subsidiary agreements do not exist.
14.2 Should individual provisions of this contract be or become void or ineffective in whole or in part, the effectiveness of the remaining provisions shall not be affected. In place of any provisions of this contract that are not included or are ineffective, statutory law shall apply (§ 306 (2) BGB). If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the invalid or unenforceable provision with a valid provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision.
15. Provider identification, summonable address
Our address for complaints and other declarations of intent as well as our summonable address is: ERST Project GmbH, Aiterhofener Str. 4, D-94330 Salching. See also our mandatory information on suppliers.