Important: the following is an unofficial translation of the terms and conditions under ‘Allgemeine Geschäftsbedingungen’. The terms and conditions in the ‘Allgemeine Geschäftsbedingungen’, written in German, are authoritative and binding. The following, unofficial translation is not controlling and must be read and understood by all parties as such.
Terms and Conditions
§ 1 General
- The stipulations under the German-language ‘Allgemeine Geschäftsbedingungen’ apply to all business relations between the firm ECWET and the customer. The version of the ‘Allgemeine Geschäftsbedingungen’ that is valid at the time the contract is concluded shall be authoritative.
- A customer is exclusively a consumer.
- Stipulations which deviate, conflict or supplement the ‘Allgemeine Geschäftsbedingungen’ shall not become part of the contract, even if they are known, unless their validity is expressly agreed to in writing.
§ 2 Contact formation
- The conditions for our goods are subject to change and non-binding. Our presentation of goods on the Internet does not represent an offer, but rather a non-binding invitation to the customer to make an offer.
- An online order constitutes an offer by the customer to the firm ECWET to establish a sales contract. The confirmation of receipt of the order by e-mail does not constitute an acceptance of the offer, but only informs the customer that his or her order has been received by the firm ECWET. Receipt of an order by telephone does not constitute a binding acceptance by the firm ECWET. The order shall be accepted by dispatch of the goods or, in the case of advance payment, by request for payment by e-mail.
- The firm ECWET is free to not accept offers made online by the customer. Within two weeks, the firm ECWET is entitled to accept a contractual offer which may lie online in an order for goods that, within that period, the firm ECWET has not yet read. Once an electronic order for goods is received, the firm ECWET may accept said order within three working days.
- A contract formed between the firm ECWET and the customer is subject to the proviso that, in the event of a self-delivery that is incorrect or improper, the firm ECWET is not obligated to perform or may perform contractual obligations only partially. This proviso shall only apply when the firm ECWET is not responsible for the non-delivery.
- In the event of non-availability or only partial availability of the goods, the customer shall be promptly informed. The consideration will be promptly refunded.
§ 3 Delivery
- The goods will be delivered to the delivery address indicated by the customer.
§ 4 Payment
- the offered price is bound to the customer. All prices are quoted in Euro and, when goods are exported within the EU, include statutory value added tax. With a purchase of dispatch, the price includes an additional delivery cost expense per § 5 of the ‘Allgemeine Geschäftsbedingungen’.
- The customer can choose to pay in advance or via PayPal. The firm ECWET reserves the right to exclude individual payment methods. Deliveries abroad can be paid in advance or by PayPal.
- No minimum order value is required.
- Customers who export the product from the EU can be reimbursed for the value added tax by presenting the appropriate certificate from customs. For this to be the case, however, the customer must provide us with the proper, original export certificate bearing a customs stamp. In the event of a refund to a foreign bank account, the customer shall bear any transfer costs incurred.
§ 5 Shipping costs
- The customer bears the shipping costs for shipment from the branch office location of the firm ECWET.
§ 6 Right of cancelation
The cancellation right is available only to consumers.
You may revoke a contract without a given reason within a cancellation period of 14 days. The 14-day cancellation period begins from the day on which you, or a third party named by you which is not the carrier, took or has taken possession of the last goods. In order to exercise the right of cancellation, you must inform us of your agreement cancellation decision through a clear declaration (ex. in a letter to us sent by post, telefax or e-mail). A notification of a determination to exercise of the right of revocation is in compliance with the cancellation period limitations if said notification is dispatched before the cancellation period has expired.
- Consequences of the cancellation:If you cancel the contract, we will issue a refund for all of the payments we have received from you, including delivery charges (with the exception of the additional charges incurred from your selection of a method of delivery that is not our offered, cheapest standard method of delivery), promptly and within 14 days from the day that we received notice of your cancellation. The refund shall be issued in the same means of payment used in the original transaction unless there is an express agreement indicating otherwise; you will never be charged for the refund. We may refuse to issue a refund until the goods have been returned or it has been proven that the goods have been returned, whichever event comes earlier. You must return or hand over the goods promptly and in all instances no later than 14 days after the day on which we are notified of your cancellation. This deadline is met if you dispatch the goods before the 14-day period has expired. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to a handling of the goods which was not necessary to test the goods’ condition, properties and functionality.
§ 7 Warranty
- Consumers have the choice as to whether the substitute performance is realized through remedial repair or a replacement delivery. The firm ECWET has the right to refuse the type of substitute performance requested if such substitute performance is only possible with disproportionate costs and the alternative performance does not create disproportionate costs and significant disadvantages for the consumer. For deals concerning business enterprises, the firm ECWET shall initially provide, at its discretion, warranty for goods with defects through repair or replacement.
- If the substitute performance fails, the customer may, as a matter of principle, at his or her discretion, demand a reduction in payment (reduction) or rescind the contract (rescission) as well as request compensation for damages. In the event of minor defects, the customer shall not be entitled to rescind the contract. If the customer chooses compensation for damages, the limitations of liability according to § 8 of the ‘Allgemeine Geschäftsbedingungen’ apply.
- Within two months of receipt of the goods, consumers are responsible for notifying the firm ECWET, in writing, of obvious defects in the goods; otherwise, the consumer is barred from asserting a warranty claim. Businesses must inspect the delivered goods for discrepancies in quality and quantity immediately upon arrival of the delivery and notify the firm ECWET, in writing, of recognizable defects within a period of one week after receiving the goods; otherwise the consumer is barred from asserting a warranty claim. Hidden defects must be reported by notifying the firm ECWET, in writing, within a period of one week from the discovery of the hidden defect. This deadline is met if the notification of the discovered hidden defect is dispatched within the allotted, one-week period. For any and all claims, the businesses shall bear the full burden of proof, particularly when demonstrating the defect, the time of the defect’s discovery and the timeliness of the dispatched notification of the defect.
- For consumers, the warranty period is two years from the date of the delivery of the goods. For businesses, the warranty period is one year from the date of the delivery of the goods.
- The firm ECWET does not give any guarantees with respect to the law. Guarantees from manufacturers are unaffected by this.
§ 8 Liability restrictions
- In the event of a slightly negligent breach of duty, the liability of the firm ECWET and its vicarious agents is limited to foreseeable, typical-to-contract, direct average damages. For slightly negligent breaches of duty which are not essential to the contract, the firm ECWET and its vicarious agents shall not be liable if the breach does not endanger the performance of the contract.
- The aforementioned limitations of liability do not apply to customer claims which arise from product liability or guarantee. The limitations of liability do not apply in the event of the customer’s loss of life or in the event of physical injury or damage to health which is attributable to the firm ECWET.
§ 9 Reservation of proprietary rights
- Until full payment has been made by the customer, the delivered goods shall remain the property of the firm ECWET.
- In the event of breach of contract by the customer, especially concerning default in payment, the firm ECWET is entitled to withdraw from the contract and demand the return of the goods.
§ 10 Dispute resolution
- The EU Commission already provides an online platform for ‘OS-Plattform’ (online dispute resolution). The platform can be reached through the following link:
- We are not obligated or prepared to participate in a dispute resolution procedure before a consumer arbitration service board.
§ 11 Jurisdiction and applicable law
- The law of the Federal Republic of Germany shall apply. For consumers who do not conclude a contract for professional or commercial purposes, this choice of law applies only to the extent that there is no withdrawal from the protections granted by the mandatory provisions of law in the state where the consumer has his or her habitual residence.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the firm ECWET. This is also the case if the customer does not have a general place of jurisdiction in Germany or residence or a habitual residence that is not known at the time that the claim is filed.
- Should individual provisions of the contract with the customer, including the ‘Allgemeine Geschäftsbedingungen’, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.