General terms and conditions
General Terms and Conditions for Consumers
1. Scope of application
1.1 These General Terms and Conditions (hereinafter ” Terms and Conditions”) of “Ecologa Europe GmbH / Patricia Bös” (hereinafter referred to as “seller”) apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “customer”) with the seller via the seller in his online shop offered goods.
The customer expressly accepts our general conditions of sale to the exclusion of all others and waives the right to invoke his own conditions.
By confirming your order, you accept all of these general conditions of sale made available to you on our website and you confirm that you have read them in their entirety. With the purchase you accept our general conditions of sale. This confirmation and all data recorded by us serve as proof of the transaction.
The inclusion of the customer’s own conditions is contradicted, unless something else has been agreed.
1.2 A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.3 Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of the contract
2.1 The presentation of the goods, in particular in the online shop, does not constitute a binding offer by the seller.
2.2 First, the customer places the selected goods in the shopping cart. In the subsequent step, the ordering process begins, in which all the data required for order processing is recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirmation of this order and contract data by clicking on the button that concludes the ordering process does the customer make a binding offer to purchase the goods contained in the shopping cart.
The customer can also submit this offer to the seller by fax, email, post or telephone.
2.3 The seller accepts the customer’s offer with the following possible alternatives:
– sending a written order confirmation or an order confirmation in text form (fax or e-mail)
or
– requesting payment to the customer after placing the order
or
– delivery of the ordered goods The time of acceptance is the first alternative that has occurred.
The period for accepting the offer begins on the day after the customer has sent the offer 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.
2.4 If the “Paypal Express” payment method is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “Paypal”). The PayPal usage agreement applies here, which can be accessed at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or for customers without their own PayPal account:
https://www.paypal. com/de/webapps/mpp/ua/privacywax-full.
If the customer selects the payment method “PayPal” or “PayPal Express” to pay for his purchase, he submits his offer by clicking on the button that concludes the ordering process. If the customer simultaneously issues the payment order to PayPal by clicking on this button, the seller declares acceptance of the customer’s offer at the time the payment order is issued, deviating from the above provisions.
2.5 The text of the contract concluded between the seller and the customer is saved by the seller. The text of the contract 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 terms and conditions are sent to the customer by email. After completing the order, the customer can access the text of the contract free of charge via their customer login, provided they have opened a customer account.
2.6 All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by pressing the browser’s back button or using the usual mouse and keyboard functions. If available, the customer can also use buttons for corrections, which are labeled accordingly.
2.7 The contract language is German.
2.8 It is the customer’s responsibility to provide a correct email address for contacting and processing the order, and to set the filter functions so that emails relating to this order can be delivered.
3. Prices and terms of payment
3.1 The prices shown are final prices including statutory sales tax, unless otherwise agreed. If additional shipping costs are incurred, this can be found in the product description.
3.2 If the delivery is made to a non-EU country, additional customs 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 check the details with the respective institutions or authorities before ordering.
3.3 The customer can select the payment methods that are available in the online shop.
3.4 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.5 When paying via “PayPal”, the payment is processed via PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal’s terms of use apply to this. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
4. Terms of delivery and shipping
4.1 Goods are shipped to the shipping address specified by the customer. Deviating from this, when paying via PayPal, the delivery address stored by the customer at PayPal at the time of payment is decisive.
4.2 If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these must be reimbursed by the customer, unless the customer 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 had given him adequate notice of the service beforehand. Excluded from this regulation are the costs of the delivery if the customer has effectively exercised his right of cancellation. Here it remains with the legal or the regulation made by the seller.
4.3 Pick-up is not offered.
5. Right of Withdrawal
5.1 If the customer is a consumer, he has a right of withdrawal.
5.2 The cancellation policy of the seller applies to the right of cancellation.
5.3 Consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded are not entitled to a right of withdrawal.
6. Retention of title
If the seller pays in advance, the goods remain the property of the seller until the purchase price has been paid in full.
7. Liability for defects
7.1 With regard to the warranty, the provisions of the statutory liability for defects apply, unless otherwise agreed in these General Terms and Conditions.
7.2 The customer is asked to complain about delivered goods with obvious transport damage to the delivery agent and to inform the seller of this. Non-compliance has no effect whatsoever on the customer’s statutory or contractual claims for defects.
8. Applicable law
8.1 The law of the Federal Republic of Germany shall apply to the exclusion of the laws governing the international purchase of movable goods.
The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer
has his habitual residence as a consumer, remain unaffected.
8.2 This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
9. 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 exclusive place of jurisdiction for all disputes arising from this contract is the place of business of the seller.
If the customer is based outside of 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 arising from this contract can be attributed to the professional or commercial activity of the customer.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer’s registered office.
10. Information on online dispute resolution
The platform for online dispute resolution of the EU Commission can be accessed on the Internet under the following link:
https://ec.europa.eu/odr
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board .
