Terms and Conditions
General Terms and Conditions (GTC) – Essentiva
§ 1 Scope of Application
(1) These General Terms and Conditions of Sale (hereinafter "GTC") apply to all contracts concluded via our online shop between us, Essentiva [Rathausstraße 25, 65203 Wiesbaden, Tel: 0176 2321210, E-Mail: info@essentiva.de] (hereinafter "Seller" or "we") and you as a customer (hereinafter "Customer" or "you").
(2) We do not accept any deviating conditions from the customer, even implicitly.
(3) A customer within the meaning of these GTC is any natural or legal person, regardless of whether they are a consumer (§ 13 BGB) or an entrepreneur (§ 14 BGB).
§ 2 Conclusion of Contract
(1) The presentation of products in the online shop does not constitute a legally binding offer.
(2) By clicking the "order with obligation to pay" button, you submit a binding purchase offer. You can correct your entries at any time before submitting.
(3) We confirm receipt of the order by automatic email. This does not yet constitute acceptance of the contract. Acceptance takes place by separate email (order confirmation).
(4) The contract is concluded exclusively in German.
§ 3 Delivery Conditions
(1) We are entitled to make partial deliveries, provided this is reasonable for you.
(2) Delivery periods begin upon receipt of the order confirmation. The delivery time is usually 3–7 working days within Germany.
(3) If a product is not available, we will inform you immediately. In this case, no contract will be concluded.
(4) Deliveries are only made to customers with residence and delivery address within Germany or in explicitly stated countries.
§ 4 Prices and Shipping Costs
(1) All prices are final prices including statutory value-added tax.
(2) Shipping costs are shown separately in the ordering process.
(3) For partial deliveries, additional shipping costs only arise at the customer's request.
(4) In the event of a cancellation, you will also be reimbursed for shipping costs under legal conditions (excluding express shipping).
(5) Shipping is carried out by DHL or comparable providers.
(6) The customer bears the return costs in the event of a cancellation.
§ 5 Payment Conditions
(1) Payment methods: Invoice, PayPal, Credit Card, Direct Debit. For first orders on invoice: max. €100.
(2) Changes to the payment method in the customer account are possible at any time.
(3) The purchase price is due immediately. In the event of payment default, default interest will be charged in accordance with § 288 BGB.
(4) We expressly reserve the right to claim further damages caused by default.
§ 6 Retention of Title
The goods remain our property until full payment has been received.
§ 7 Warranty
(1) The statutory liability for defects (§§ 434 et seq. BGB) applies. For consumers: 2-year warranty period. For entrepreneurs: 12 months.
(2) Warranty conditions (if any) can be found in the product documentation.
§ 8 Liability
(1) We are liable without limitation for damages resulting from injury to life, body, or health, as well as in cases of intent and gross negligence.
(2) In cases of simple negligence, we are only liable for the breach of essential contractual obligations and only for typical foreseeable damages.
(3) The aforementioned limitations of liability also apply to our vicarious agents.
(4) Liability under the Product Liability Act or for fraudulent concealment of a defect remains unaffected.
§ 9 Data Protection
Information on data protection can be found in our data protection declaration at:
👉 www.essentiva.de/datenschutz
§ 10 Right of Withdrawal for Consumers
You have a statutory right of withdrawal.
The complete cancellation policy can be found at:
👉 www.essentiva.de/widerruf
§ 11 Online Dispute Resolution
(1) The EU Commission provides a platform for online dispute resolution:
👉 http://ec.europa.eu/consumers/odr/
(2) We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 12 Applicable Law and Jurisdiction
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) For merchants, the exclusive place of jurisdiction is the registered office of Essentiva.
(3) Should a clause be invalid, the remainder of the contract shall remain valid.