1. Area of Application
1.1 These general terms and conditions (hereinafter referred to as "GTC") from the ENAKA GmbH (hereinafter referred to as "Seller") apply for all contracts that a consumer or contractor (hereinafter referred to as "Customer") completes with the seller in regards to the merchandise and/or services illustrated in the seller's online shop. The inclusion of independent conditions from the customer is contradicted unless something different is agreed upon.
1.2 For the purchase of gift certificates, these General Terms & Conditions apply correspondingly provided that something different is not agreed upon explicitly.
1.3 A consumer in terms of these General Terms & Conditions is any natural person who completes a legal transaction for purposes that can neither be assigned to their commercial nor independently occupational activity. A contractor in terms of these General Terms & Conditions is any natural or legal person or a legally capable partnership, which exercises their independent occupational or commercial activity upon completion of a legal transaction.
2. Conclusion of Contract
2.1 The product descriptions found in the seller's online shop do not represent binding offers from the seller, but rather serve for the submission of a binding offer by the customer.
2.2 The customer can submit the offer through the online order form integrated into the seller's online shop. After the customer has placed the selected merchandise and/or services in the virtual shopping cart and has run through the electronic order process, the customer submits a legally binding contract offer in regards to the merchandise and/or services included in the shopping cart simply by clicking on the button to complete the order process.
2.3 The seller can accept the offer from the customer within five days
- by sending the customer a written order confirmation or an order confirmation in a text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- they deliver the ordered merchandise to the customer, whereby the customer's receipt of the merchandise is decisive, or
- by requesting that the customer make payment after submission of their order.
If several of the previously named alternatives are present, the contract will come into effect at the time that one of the previously named alternatives first occurs. If the seller does not accept the offer from the customer within the previously named period, it is seen as a rejection of the offer with the consequence that the customer is no longer bound to their declaration of intent.
2.4 If the customer selects "PayPal Express" as the payment method during the online ordering process, they simultaneously assign a payment order to their payment service provider by clicking on the button to complete the order process. For this case, the seller declares, deviating from section 2.3, the assumption of the offer from the customer at the point in time at which the customer triggers the payment process by clicking on the button to complete the order process.
2.5 The period to accept the offer starts to run on the day after the customer sends the offer and ends with the expiration of the fifth day following the delivery of the offer.
2.6 With the submission of an offer through the seller's online order form, the contract text is saved by the seller and sent to the customer after they have submitted their order along with these General Terms & Conditions in written form (for example, email, fax or letter). Additionally, the contract text is archived on the seller's internet page and can be accessed by the customer free of charge through their password protected customer account under specification of the corresponding login, provided that the customer created a user account in the seller's online shop before the delivery of their order.
2.7 Before the binding submission of the order through the seller's online order form, the customer can correct entries through the keyboard and mouse functions. Furthermore, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected here through the normal keyboard and mouse functions.
2.8 Only English language is available for the conclusion of contract.
2.9 The order processing and contact normally occur by email and through automated order processing. The customer must make sure that the email address they entered to process the order is correct so that the emails sent by the seller can be received under this address. In particular, the customer must guarantee when using SPAM filters that all of the emails delivered by the seller or third parties assigned with the order processing can be delivered.
3. Right of Revocation
Consumers are entitled to a right of revocation. More information about the right of revocation results from the seller's revocation instruction. (Menu: Help)
4. Prices and Payment Terms
4.1 If nothing different results from the seller's offer, the specified prices are final prices, which contain the legal sales tax. If applicable, additional delivery and dispatching costs are specified separately in the respective product description.
4.2 For deliveries in countries outside of the European Union, further costs may arise in cases of exception that the seller is not responsible for and that the customers must cover. This includes, for example, costs for transferring money through credit institutes (for example, transfer fees, currency exchange fees) or import fees and taxes (for example, customs).
4.3 The customer has different payment methods at their disposal, which are specified in the seller's online shop during checkout.
4.4 If advanced payment is agreed upon, the payment is due immediately after the contract has been completed.
5. Delivery and Dispatch Conditions
5.1 The delivery of merchandise is dispatched to the delivery address specified by the customer, provided nothing different is agreed upon. During the processing of the transaction, the delivery address specified in the seller's order process is decisive.
5.2 If the transportation company returns the delivered merchandise to the seller, because it was not possible to deliver it to the customer, the customer must pay for the costs for the unsuccessful delivery. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of the delivery or if they were temporarily impaired to accept the offered service, unless the seller informed them of the service an appropriate amount of time in advance.
6. Reservation of Title
If the seller provides a service in advance, they reserve the right to maintain ownership of the delivered merchandise until complete payment of the due purchase price.
7. Liability for Defects
The legal liability for defects applies.
8. Applicable Law
8.1 For all legal relationships from the parties, the laws of the Federal Republic of Germany apply under exclusion from the laws on the international purchase of mobile goods. For consumers, this legal selection applies provided that the guaranteed protection is not removed through mandatory regulations from the laws of the country in which the consumer has their normal residence.
8.2 If the customer acts as a salesman, legal person of public law or public-legal separate asset with headquarters in the territory of the Federal Republic of Germany, the sole jurisdiction for all disputes from the contract is the seller's headquarters. If the customer has their headquarters outside of the territory of the Federal republic of Germany, the seller's headquarters is the exclusive jurisdiction for all disputes from this contract if the contract or claims from the contract can be assigned to the commercial or occupational activity of the customer. In the aforementioned cases, however, the seller is definitely entitled to appeal to the court at the customer's headquarters.