General terms and conditions
1. Scope
1.1 The following General Terms and Conditions (GTCs) apply to all business relationships between ENDOTHERM GmbH, Science Park II, 66123 Saarbrücken, Germany (hereinafter: “Seller”) and consumers and entrepreneurs (hereinafter: “Customers”).
1.2 Individual agreements shall take precedence over these GTCs.
2. offer and conclusion of contract webshop
2.1 The products presented in the Seller’s online store do not constitute a legally binding offer but are an invitation to order.
2.2 The order is placed in the following steps:
1) By clicking the “Add to Cart” button on the product overview page or the product detail page, the Customer selects the product they wish to purchase.
2) By clicking the menu item “Shopping cart” (drop-down menu under the item “Shop”) or by clicking the symbol “Shopping cart,” the Customer navigates to the overview of the products that they have added to the shopping cart.
3) For further order processing, the Customer must click the button “Checkout.”
4) Then, the Customer can log in to their Customer account by providing their name and password if one already exists. Otherwise, the Customer must provide their personal data that are necessary for placing the order. (Mandatory fields are marked with an asterisk (*).)
5) After selecting the payment option, the Customer, by clicking the button “order now subject to payment” at the end of the order form, makes a legally binding purchase offer for the items in the shopping cart at the indicated price plus the VAT and other price components, e.g., shipping costs.
2.3 An order can only be charged if the Customer has previously confirmed that they have noted the GTCs and cancellation policy (by checking a box during the ordering process).
2.4 After completion of the ordering process, the Customer receives a confirmation of receipt of their order by email. This email contains, as an attachment, the GTCs, the Customer information, and the cancellation policy and form. This confirmation of receipt is not yet a declaration of acceptance of the purchase contract.
2.5 The purchase contract is concluded when the Seller sends the Customer an order confirmation by email, which also constitutes acceptance of the Customer’s offer. The Seller may accept the offer within 2 days after receipt of the order. If a product is no longer available, although it was marked as available at the time the order was placed, the Customer will immediately receive a corresponding message.
3. customer account
3.1 The Customer has the option to create a Customer account during the ordering process.
3.2 The Customer account can be created free of charge by clicking the checkbox “Yes, I would like to create a Customer account and accept the data protection conditions.” The Customer must provide their personal data (first and last names, postal address, and email address) to open the Customer account and must choose an individual password.
3.3 The Customer can access their account at any time by entering their username and password. The Customer must keep their password confidential.
4. prices and shipping costs
4.1 The prices stated on the product pages are final, i.e., they include the statutory VAT and other price components.
4.2 Within Germany, shipping costs amount to a flat rate of 9,50 € (including VAT) up to a total order weight of 100 kg.
The shopping cart displays the shipping costs for the entire order to the customer.
5. terms of payment
5.1 The purchase price for the goods is due upon acceptance of the purchase contract by the Seller.
5.2 The Seller offers payment on account as a payment option. For this purpose, within 14 days after receipt of the invoice, the Customer shall transfer the invoiced amount to the account specified by the Seller. The Seller reserves the right to withdraw from the contract if the buyer fails to make payment despite a reminder and the setting of a deadline.
6. delivery
6.1 Delivery shall be made by mail (parcel, forwarding agent, etc.) to the specified Customer address or the delivery address specified in the order.
6.2 The delivery time is indicated separately for each item on the product detail page and is calculated from the moment that the Seller accepts the purchase contract.
6.3 Delivery shall only be made within Germany.
7. self-delivery reservation
The Seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This shall only apply if the Seller is not responsible for the nondelivery and has concluded a specific covering transaction with the supplier with due diligence. The Seller shall use all reasonable efforts to procure the goods.
8. retention of title
The Seller retains ownership of the delivered item(s) until receipt of all payments due under the purchase contract. If the Customer does not fulfill their contractual obligations, in particular, in case of payment default, the Seller is entitled to demand the return of the delivered item(s), and the Customer is obliged to surrender the item(s).
The Customer is obligated to notify the Seller immediately in the event of seizure of the object(s) of purchase or other related accesses or access attempts by third parties of the object(s) of purchase so that the Seller can exercise its rights arising from the title reservation
9. information obligations pursuant to § 36 VSBG
The European Commission provides a platform for online dispute resolution (OS), which is available at http://ec.europa.eu/consumers/odr/. The OS procedure is not a prerequisite for recourse to German Courts but constitutes an additional procedure. The Seller does not participate in dispute resolution proceedings before a consumer arbitration board.
10 Applicable law
The Basic Law for the Federal Republic of Germany shall apply to all legal relationships between the contracting parties to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. For Customers, this choice of law shall only apply to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the Customer has their habitual residence.
Saarbrücken, October 2017