Terms and conditions


General Terms and Conditions with Customer Information

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping terms
  6. Retention of title
  7. Liability for defects (warranty)
  8. Redemption of promotional vouchers
  9. Applicable law
  10. Code of Conduct
  11. Alternative dispute resolution

1) Scope

1. 1 These General Terms and Conditions (hereinafter referred to as "AGB") of encuma Handels GmbH (hereinafter referred to as "Seller") shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Seller with regard to the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2

A consumer within the meaning of these GTC is any natural person for whom the legal transaction is not part of the operation of his business. An entrepreneur within the meaning of these GTC is a natural person or legal entity or a partnership with legal capacity for which the legal transaction is part of the operation of its business.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods and/or services in the virtual shopping basket and going through the electronic ordering process, the customer makes a legally binding offer to enter into a contract with regard to the goods and/or services contained in the shopping basket by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone or by e-mail.

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
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  • by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
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  • by requesting payment from the customer after the customer has placed the order.
  • If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer shall no longer be bound by his declaration of intent.

    2.4 The period for acceptance of the offer begins on the day after the customer has sent the offer and ends with the expiry of the fifth day following the sending of the offer.

    2.6 Prior to the binding submission of the order üvia the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's enlargement function, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button "Order with costs"

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    2.7 Only the German language is available for the conclusion of the contract.

    2.8 Order processing and contacting usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

    3) Right of withdrawal

    3.1

    Consumers are generally entitled to a right of withdrawal.

    3.2 Further information on the right of withdrawal can be found in the seller's instructions on withdrawal.

    4) Prices and terms of payment

    4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

    4.2 The customer has various payment options at his disposal, which are indicated in the seller's online shop right at the beginning of the order process.

    4.4 If the payment method "PayPal" is selected, the payment shall be processed üvia the payment service provider PayPal (Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

    4.5 If the payment method purchase on account is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the order volume exceeds the stated volume. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.

    5) Delivery and shipping conditions

    5.1 The delivery of goods shall be made by dispatch to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction. In deviation from this, the delivery address provided by the customer to PayPal at the time of payment shall be decisive when the PayPal payment method is selected.

    5.2

    If the transport company returns the goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This shall not apply if the customer is not responsible for the circumstance which led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given him reasonable advance notice of the service. Furthermore, this shall not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. In the case of effective exercise of the right of withdrawal by the customer, the provision on this in the seller's instructions on withdrawal shall apply to the costs of return.

    6) Retention of title

    If the Seller makes advance payment, he shall retain title to the goods delivered until the purchase price owed and all associated costs and expenses have been paid in full.

    7) Liability for defects (warranty)

    7.1 If the purchased goods are defective, the provisions of the statutory warranty regulations shall apply

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    7.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer fails to do so, this shall have no effect whatsoever on his statutory or contractual warranty claims.

    8) Redemption of promotional vouchers

    8. 1. Vouchers which are issued free of charge by the seller within the framework of promotions with a specific period of validity and which cannot be purchased by the customer (hereinafter referred to as promotion vouchers) may only be redeemed in the seller's online shop and only during the specified promotion period.

    8.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

    <8.3 Vouchers may only be redeemed prior to the completion of the order process. Subsequent offsetting is not possible.

    8.4 Only one promotional voucher can be redeemed per order at any one time.

    8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

    8.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

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    8.7 The credit balance of a promotional voucher shall neither be paid out in cash nor shall it bear interest.

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    8.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the framework of his statutory right of cancellation.

    9) Applicable law

    9.1 If the customer acts as an entrepreneur within the meaning of item 1. 2, all legal relations between the parties shall be governed by the law of the country in which the Seller has its registered office, to the exclusion of the UN Convention on the International Sale of Goods, and the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office.

    10) Code of Conduct

    - The seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

    11) Alternative dispute resolution

    11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

    This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer

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