Terms and conditions


General Terms and Conditions with Customer Information


Table of contents
Area of application
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Retention of title
Liability for defects (warranty)
Redemption of promotional vouchers
Applicable law
Code of Conduct
Alternative Dispute Resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as ""GTC"") 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 or legal person or a partnership with legal capacity for whom the legal transaction is part of the operation of their 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. In doing so, after placing the selected goods and/or services in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer 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.

2.3 Immediately after placing the order, the customer receives an automated confirmation of receipt of the order from the seller. This does not constitute acceptance of the offer. The Seller may accept the Customer's offer within five days,

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 is decisive, or
by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
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 point in time at which 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 is no longer bound by his declaration of intent.

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

2.5 When an offer is made via the Seller's online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g. by e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the Seller's website and can be accessed free of charge by the Customer via his password-protected customer account by providing the relevant login data, provided that the Customer has created a customer account in the Seller's online shop before submitting his order.

2.6 Before submitting a binding order via 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 enlargement function of the browser, 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 the button ""order with costs"" which concludes the ordering process.

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

2.8 Order processing and contacting usually take place via 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 withdrawal policy.

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 indicated separately in the respective product description.

4.2 Various payment options are available to the Customer, which are indicated in the Seller's online shop right at the beginning of the ordering process.

4.3 If payment in advance has been agreed, payment is due immediately after conclusion of the contract.

4.4 If the payment method "PayPal" is selected, the payment shall be processed via 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 and conditions of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

5) Delivery and shipping conditions
5.1 The delivery of goods is carried out by shipping to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the Seller's order processing shall be decisive in the processing of the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.

5.2 If the transport company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful dispatch. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller's revocation instructions shall apply to the return costs.

5.3 In the event of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by the Customer are ready for collection. After receipt of this e-mail, the customer may collect the goods from the Seller's registered office by arrangement with the Seller. In this case, no shipping costs will be charged.

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 item is defective, the provisions of the statutory warranty regulations shall apply.

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 on his statutory or contractual warranty claims.

8) Redemption of promotional vouchers
8.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can 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 promotion voucher.

8.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

8.4 Only one promotional voucher can be redeemed per order.

8.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit 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.

8.7 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.

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 scope of his statutory right of revocation.

8.9 The promotional voucher is only intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The Seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.

9) Applicable law
9.1 If the Customer is acting as an entrepreneur within the meaning of Clause 1.2, the law of the country in which the Seller has its registered office shall apply to all legal relationships between the parties, 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.

9.2 If the Customer is acting as a consumer within the meaning of Clause 1.2, all legal relations between the parties shall be governed by the law of the country in which the Customer has its habitual residence, excluding 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 Customer's place of residence.

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.

11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.