General terms and conditions
General terms and conditions with customer information
1. Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as ‘GTC’) of the company ‘Ecologa Europe GmbH / Patricia Bös’ (hereinafter referred to as ‘Seller’) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as ‘Client’) and the Seller relating to all goods and/or services presented in the Seller’s online shop.
The Customer expressly accepts our general terms and conditions of sale to the exclusion of all others and waives the right to invoke his own terms and conditions.
By confirming your order, you accept the entirety of these general terms and conditions of sale, which are made available to you on our website. And you confirm that you have taken full note of them. With your purchase you accept our general terms and conditions of sale. This confirmation and all data recorded by us serve as proof of the transaction.
The inclusion of the customer’s own terms and conditions is contradicted unless otherwise agreed.
1.2 A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity.
1.3 An entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.
2. Conclusion of 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 basket. In the next step, the order process begins, in which all the data required for order processing is recorded. in which all the data required for order processing is recorded.
A summary of the order and contract data appears at the end of the order process. Only after confirming this order and contract data by clicking on the button concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping basket. 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 through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (fax or e-mail)
or
- Request for payment to the customer after placing the order
or
- Delivery of the ordered goods The first alternative that occurs is decisive for the time of acceptance.
The period for accepting the offer begins on the day after the offer is sent by the customer 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 shall constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 If the payment method ‘Paypal Express’ is selected, the payment will be processed by the payment service provider PayPal (Europe) 5. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: ‘Paypal’). The Paypal user agreement applies, 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 their purchase, they submit their offer by clicking the button that concludes the order 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, in deviation from the above provisions.
2.5 The text of the contract concluded between the seller and the customer is stored 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 General Terms and Conditions are sent to the customer by email. After completion of the order, the contract text is accessible to the customer free of charge via his customer login, provided he has opened a customer account.
2.6 All entries made are displayed before clicking on the order button and can be viewed by the customer before sending the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, if available, the customer has buttons for corrections, which are labelled 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 Unless otherwise agreed, the prices shown are final prices including statutory VAT. 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 be payable by the customer to the relevant customs or tax authorities or credit institutions.
The customer is advised to inquire about these details with the relevant institutions or authorities before placing an order.
3.3 The customer can select the payment methods 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, payment is processed via PayPal (Europe) S.a r.l.et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. PayPal’s terms of use apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
4. Delivery and dispatch conditions
4.1 Die Lieferung von Waren auf dem Versandweg erfolgt an die vom Kunden angegebene Lieferanschrift. When paying via PayPal, the delivery address provided by the customer to PayPal at the time of payment shall be decisive.
4.2 If the Seller incurs additional costs due to the provision of an incorrect delivery address or recipient, or other circumstances that make delivery impossible, these costs must be reimbursed by the Customer, unless the Customer is not responsible for the incorrect information or impossibility. The same applies if the Customer was temporarily prevented from accepting the service, unless the Seller has given the Customer reasonable advance notice of the service. Excluded from this provision are the costs of delivery if the Customer has effectively exercised their right of withdrawal. In this case, the statutory provisions or the provisions made by the Seller apply.
4.3 Self-collection is not offered.
5. Right of cancellation
5.1 If the customer is a consumer, he or she is generally entitled to a right of withdrawal.
5.2 The Seller’s cancellation policy applies to the right of cancellation.
5.3 Consumers who are not members of a Member State of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded shall not have a right of withdrawal.
6. Retention of title
6.1 Subscribe to our newsletter
If you subscribe to our email newsletter, we will regularly send you information about our offers. The only mandatory information required to receive the newsletter is your email address. Providing any additional data is voluntary and will be used to address you personally. We use the so-called double opt-in procedure to send the newsletter. This means that we will only send you an email newsletter if you have expressly confirmed that you consent to receiving newsletters. By activating the confirmation link, you give us your consent to use your personal data in accordance with Art. 6 (1) (a) GDPR.
When you register for the newsletter, we save your IP address entered by your Internet Service Provider (ISP) as well as the date and time of registration in order to be able to trace any possible misuse of your e-mail address at a later date. The data we collect when you register for the newsletter will be used exclusively for the purposes of advertising via the newsletter. You can unsubscribe from the newsletter at any time using the link provided in the newsletter or by sending a corresponding message to the person responsible named above. Once you unsubscribe, your email address will be immediately deleted from our newsletter mailing list, unless you have expressly consented to further use of your data or we reserve the right to use your data in any other way that is permitted by law and about which we will inform you in this statement.
6.2 Newsletter dispatch via CleverReach
Our email newsletters are sent via the technical service provider CleverReach GmbH & Co. KG, Mühlenstr. 43, 26180 Rastede (‘CleverReach’), to whom we pass on the data you provided when registering for the newsletter. This transfer takes place in accordance with Art. 6 (1) (f) GDPR and serves our legitimate interest in using an effective, secure and user-friendly newsletter system. The data you enter to subscribe to the newsletter (e.g. email address) will be stored on CleverReach’s servers in Germany or Ireland. CleverReach uses this information to send and statistically evaluate the newsletter on our behalf. For this purpose, the emails sent contain so-called web beacons or tracking pixels, which are single-pixel image files stored on our website.
This allows us to determine whether a newsletter message has been opened and, if applicable, which links have been clicked. Conversion tracking can also be used to analyze whether a predefined action (e.g., purchasing a product on our website) has occurred after clicking on the link in the newsletter. In addition, technical information is recorded (e.g. time of retrieval, IP address, browser type and operating system). The data is collected exclusively in a pseudonymous manner and is not linked to your other personal data; direct personal reference is excluded. This data is used exclusively for the statistical analysis of newsletter campaigns. The results of these analyses can be used to better tailor future newsletters to the interests of the recipients. If you wish to object to data analysis for statistical evaluation purposes, you must unsubscribe from the newsletter. We have concluded a data processing agreement with CleverReach, in which we oblige CleverReach to protect our customers’ data and not to pass it on to third parties. You can find further information about CleverReach’s data analysis here: https://www.cleverreach.com/de/funktionen/reporting-und-tracking/
You can view CleverReach’s privacy policy here: https://www.cleverreach.com/de/datenschutz/.
7. Warranty for defects
7.1 With regard to the warranty, the provisions of statutory liability for defects shall apply unless otherwise agreed in these General Terms and Conditions.
7.2 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. Failure to comply will have no effect 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, excluding the laws governing the international sale of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the customer, as a consumer, has his or her habitual residence, remain unaffected.
8.2 This choice of law does not apply with regard to the statutory right of withdrawal for consumers if they are not members of a Member State of the European Union at the time the contract is concluded and their sole 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 with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s registered office.
If the customer is based outside the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that this contract or claims arising from this contract can be attributed to the customer’s professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to bring proceedings before the court at the customer’s registered office.
10. Information on online dispute resolution
The EU Commission’s online dispute resolution platform can be accessed online at the following link:
https://ec.europa.eu/odr
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that this contract or claims arising from this contract can be attributed to the customer’s professional or commercial activity.
Nevertheless, in the aforementioned cases, the seller is also entitled to bring the dispute before the court at the customer’s registered office.