General terms and conditions
1. Scope of application
The following General Terms and Conditions apply to all orders placed via our online shop.
2. Contracting party, conclusion of contract
The sales contract is concluded with Enzo Escoba.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded by clicking on the order button to accept the offer for the goods contained in the shopping basket. Immediately after sending the order, you will receive another confirmation by e-mail.
3. Contract language, contract text storage
The languages available for the conclusion of the contract are German and English.
We save the contract text and send you the order data and our general terms and conditions by e-mail. You can view the contract text in our customer login.
4. Terms of delivery
In addition to the indicated product prices there are shipping costs. You can find out more about the shipping costs in the offers.
We deliver only in the dispatch way. A self-collection of the product is unfortunately not possible.
We do not deliver to packing stations.
The costs of a possible return are borne by the buyer.
The following payment methods are available to you in our shop:
After placing your order, you will be redirected to the website of the online provider SOFORT Überweisung. In order to be able to pay the invoice amount by bank transfer immediately, you must have an online banking account with PIN/TAN procedure that has been activated for participation in the immediate bank transfer, legitimise yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be carried out immediately afterwards by bank transfer and your account will be debited.
6. Retention of title
The goods remain our property until full payment has been made.
7. Transport damages
If goods with obvious transport damages are delivered, please complain such errors as soon as possible to the deliverer and contact us immediately. Failure to make a complaint or contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.
8. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
The limitation period for warranty claims for used goods is one year from delivery of the goods.
The aforementioned restrictions and shortening of periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents.
in the event of injury to life, limb or health,
in case of intentional or grossly negligent breach of duty as well as fraudulent intent,
in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
within the framework of a guarantee promise, if agreed or
as far as the scope of application of the Product Liability Act is opened.
Information on any applicable additional guarantees and their exact conditions can be found on the product page and on special information pages in the online shop.
9. Liability for claims
9.1 For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.
in the event of injury to life, limb or health,
in case of intentional or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
to the extent that the scope of application of the Product Liability Act has been opened up.
In the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
9.2 Liability for social media consulting
Enzo Escoba shall advise the customer in good time of any risks discernible to it in the content or design of planned advertising measures. If Enzo Escoba considers a legal (e.g. competition law) examination by a special expert at the expense of the customer to be necessary for the realisation of the measures, Enzo Escoba shall point this out to the customer. If Enzo Escoba has pointed out concerns and the client nevertheless insists on the realisation of the advertising measure, the agency shall not be liable for any disadvantages and risks resulting therefrom. The customer shall indemnify and hold Enzo Escoba harmless against any claims of third parties. Notwithstanding the foregoing, Enzo Escoba shall not be liable for the factual information about the client's products/services contained in advertising measures or for the protectability under copyright, design, trademark or brand law of the ideas, proposals, concepts, drafts, etc. delivered within the scope of this contract, unless such protectability was expressly made part of the contract.
10. Dispute settlement
The European Commission provides a platform for online dispute resolution (OS), which you can find here: http://ec.europa.eu/consumers/odr/.
We are not obliged or prepared to participate in a dispute resolution procedure before a consumer arbitration board.
11. Preparation of offers and samples (only B2B-Partner)
The preparation of offers and samples is free of charge until an actual order is placed. If it should come to no business relation so the one carries, which demanded the offer/sample has the appropriate costs.
12. Individualisation of products
If the original product should be refined by an individual wish, like imprint, name, embroidery, the final product is excluded from the exchange §312g Abs. 2 Nr. 1 BGB.
AGB provided with the Trusted Shops Rechtstexter in co-operation with Wilde Beuger Solmecke of attorneys.