General Terms and Conditions
Terms and conditions in the context of purchase contracts concluded via the platform
Etuui GmbH - Aachener Strasse 1120 - 50858 Cologne, Germany
- hereinafter referred to as "Provider" -
and the customers designated in § 2 of the contract
- hereinafter referred to as "Customer" -.
- 1 Scope of application, definitions
For the business relationship between Etuui GmbH (hereinafter referred to as "Provider") and the Customer (hereinafter referred to as "Customer"), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating terms and conditions of the Customer shall not be recognized unless the Supplier expressly agrees to their validity in writing.
The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
- 2 Conclusion of contract
The customer can select products from the range of the provider, in particular cell phone bands and accessories and "put them in the shopping cart". With the order, he makes a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by clicking on the "Accept GTC" button and has thereby included them in his application.
The provider then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again. The automatic acknowledgement of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is concluded only by the submission of the declaration of acceptance by the provider, which is sent with a separate e-mail (order confirmation).
- 3 Delivery, availability of goods
If at the time of the customer's order no copies of the product selected by him are available, the provider will inform the customer immediately in the order confirmation. If the product is permanently not available, the provider refrains from a declaration of acceptance. In this case, a contract is not concluded.
If the product designated by the customer in the order is only temporarily unavailable, the provider will also inform the customer immediately in the order confirmation. In the event of a delay in delivery of more than four weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he will immediately refund any payments already made by the customer.
- 4 Retention of title
Until full payment, the delivered goods remain the property of the provider.
- 5 Prices and shipping costs
All prices, which are indicated on the website of the supplier, understand themselves including the valid in each case legal value added tax.
The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer, unless the customer makes use of his right of withdrawal.
The goods are shipped by mail. The shipping risk is borne by the provider if the customer is a consumer.
In case of revocation, the customer has to bear the regular costs of the return shipment, if the delivered goods correspond to the ordered goods.
- 6 Payment modalities
After receipt of the confirmation email by Etuui GmbH, the customer is obliged to pay the purchase price to the account of Etuui GmbH. Only after a positive receipt of payment the ordered goods will be sent to the customer by mail.
- 7 Warranty for material defects, guarantee
The supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. Towards entrepreneurs, the warranty period for goods delivered by the provider is 12 months.
An additional warranty exists for the goods delivered by the provider only if this was expressly stated in the order confirmation for the respective item.
- 8 Liability
Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.
The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.
The provisions of the Product Liability Act remain unaffected.
- 9 Cancellation policy
Right of revocation
You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail) or - if the goods before the deadline - by returning the goods. The time limit begins after receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations to provide information pursuant to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB. The timely dispatch of the revocation or the goods shall be sufficient to comply with the revocation period. The revocation is to be addressed to:
Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to do so in part or in a deteriorated condition, you must compensate us for the loss of value. You only have to pay compensation for the deterioration of the item and for any benefits derived if the benefits or the deterioration is due to handling of the item that goes beyond the inspection of the properties and functionality. By "testing the properties and functionality" we mean testing and trying out the respective goods, such as is possible and customary in a retail store. Goods that can be sent by parcel are to be returned at our risk. You have to bear the regular costs of the return if the delivered goods correspond to the ordered goods. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.
End of the cancellation policy
- 11 Information on data processing
The provider collects data of the customer in the context of the processing of contracts. In particular, he observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the provider will collect, process or use inventory and usage data of the customer only to the extent necessary for the execution of the contractual relationship and for the use and billing of telemedia.
Without the Customer's consent, the Provider shall not use the Customer's data for purposes of advertising, market research or opinion polling.
- 12 Final Provisions
Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
The contract remains binding in its remaining parts even if individual points are legally invalid. Instead of the ineffective points, the statutory provisions, if any, shall apply. Insofar as this would represent an unreasonable hardship for one of the contracting parties, however, the contract as a whole shall become invalid.