GENERAL TERMS AND CONDITIONS
§ 1 Scope of application, customer information
The following general terms and conditions (GTC) govern the contractual relationship between Enzo Escoba | est. 2017 and consumers and entrepreneurs who purchase goods via our shop www.enzoescoba.de. We do not recognise any terms and conditions that conflict with or deviate from our terms and conditions. The contractual language is German.
§ 2 Conclusion of contract
(1) The offers on the Internet represent a non-binding invitation to you to purchase goods.
(2) You can place one or more products in the shopping basket. In the course of the ordering process, you enter your data and wishes regarding the method of payment, delivery modalities, etc.. Only when you click on the order button do you make a binding offer to conclude a purchase contract.
(3) With the confirmation of receipt sent immediately by e-mail, the acceptance of the offer is also declared and the purchase contract is thus concluded.
§ 3 Customer information: Storage of the contract text
Your order with details of the concluded contract (e.g. type of product, price, etc.) will be stored by us. We will send you the general terms and conditions, but you can also call up the general terms and conditions at any time after conclusion of the contract via our website. As a registered customer, you can access your past orders via the customer log-in area (history and details of your orders).
§ 4 Customer information: Correction notice
You can correct your entries at any time before placing the order by pressing the delete key. We will inform you about further correction options on the way through the order process. You can also exit the ordering process completely at any time by closing the browser window.
§ 5 Retention of title
The object of purchase remains our property until full payment has been made.
§ 6 Statutory liability for defects and limitation period
(1) Liability rights for defects
Statutory liability rights for defects exist for our goods.
(2) Limitation of liability rights for defects (warranty) vis-à-vis consumers in the case of used goods
There are two periods for your claims for defects, both of which run from the delivery of the second-hand goods to you.We reduce the liability period for defects from two years to one year.Defects that occur within this liability period can, however, be claimed until the expiry of the statutory limitation period of two years.Excluded from the reduction of the liability period are claims for damages, claims due to defects which we have fraudulently concealed, and claims arising from a guarantee which we may have assumed for the quality of the item. The statutory periods shall apply to these excluded claims. In the event of a guarantee period, the longer period shall apply in favour of the guarantee recipient.
(3) Limitation of liability for defects (warranty) vis-à-vis entrepreneurs
Your warranty claims due to defects in the purchased goods shall become statute-barred one year after the transfer of risk. The following claims are excluded from this regulation
- for damages- for fraudulently concealed defects- from a possibly given guarantee- recourse according to §§ 445a, 478 BGB (German Civil Code)- due to defects in building materials and components which have been used for a building in accordance with their customary use and have caused its defectiveness.
The statutory limitation periods shall apply to these excluded claims. In the event of a guarantee period, if any, the longer period shall apply in favour of the buyer.
§ 7 Limitation of liability
We exclude liability for slightly negligent breaches of duty insofar as these do not relate to material contractual duties, damage resulting from injury to life, limb or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. Essential contractual obligations include in particular the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we must provide you with the item free of material defects and defects of title.
(1) Liability for social media and web consulting services
Enzo Escoba shall inform the client 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 client to be necessary for the realisation of the measures, Enzo Escoba shall point this out to the client. 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.