General Terms and Conditions (GTC)
§ 1 Scope of Application; Contracting Party
These GTC apply to all contracts for the delivery of goods ("ETERNESIS Products") that we conclude with customers via our online shop addressed at the domain "eternesis.com". Customers within the meaning of these GTC are both consumers and business operators. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (cf. § 13 BGB [German Civil Code]). A business operator is any natural or legal person, or a partnership with legal capacity, who, when entering into the legal transaction, acts in the exercise of their trade, business, or profession (cf. § 14 BGB).
The contracting party for all contracts regarding ETERNESIS products is:
ETERNESIS GmbH & Co. KG
Ericusspitze 4
20457 Hamburg
Email: service@eternesis.com
§ 2 Conclusion of Contract; Purpose of Purchase
The presentation of ETERNESIS products in the online shop does not constitute a legally binding offer, but rather an invitation for the customer to submit an offer. You can initially place ETERNESIS products in the shopping cart without obligation and correct your entries at any time before submitting a binding order, using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a binding offer to conclude a purchase contract for the ETERNESIS products in your shopping cart. The contract is concluded as soon as we accept your order via an order confirmation by email, hand over the goods to the shipping service provider, or, where applicable, the payment transaction is carried out by the selected payment service provider. If several of the aforementioned events occur, the contract is concluded at the point in time at which the first of these events takes place. The language available for concluding the contract is German. We store the contract text and send you the order data and our GTC in text form.
ETERNESIS products are supplied in quantities customary for private household use for personal consumption. Commercial or otherwise commercial resale of ETERNESIS products is not permitted.
§ 3 Prices and Payment
All stated prices are gross prices and include statutory value-added tax. In addition to the stated prices, we charge shipping costs, the amount of which is shown separately during the ordering process. The available payment methods are also displayed there. The payment options offered by the payment service "Shopify Payments" will be communicated to you in the online shop during the ordering process. Shopify Payments may use additional payment services to process payments, for which special payment terms may apply, and about which you will be separately informed. Further information on Shopify Payments can be found at https://www.shopify.com/legal/terms-payments/de. In addition to Shopify Payments, we also offer payment via the payment service provider "PayPal." In this case, payment processing is carried out by PayPal (Europe) S.à r.l., 22-24 Boulevard Royal, L-2449 Luxembourg. Further information on PayPal can be found at https://www.paypal.com/de/legalhub/paypal/useragreement-full.
§ 4 Delivery and Transfer of Risk
Delivery times are specified in the online shop for the respective item. The goods are delivered to the delivery address specified during the ordering process. Deliveries are made exclusively to the countries specified in our online shop. For consumers, the risk of accidental loss or accidental deterioration of the goods passes upon handover to the consumer or a recipient named by them. For business operators, the risk passes upon handover of the goods to the shipping service provider.
§ 5 Warranty
The statutory warranty rights apply. In favor of consumers, the following also applies in addition to the statutory provisions: If, within two years of delivery of the purchased goods, a condition deviating from the requirements for defect-free goods becomes apparent, it is presumed that the goods were already defective at the time the risk passed, unless this presumption is incompatible with the nature of the goods or the type of defect.
§ 6 Liability
We are liable for all contractual, quasi-contractual, and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
We are liable without limitation in cases of intent or gross negligence, for intentional or negligent injury to life, body, or health, on the basis of a guarantee given, or on the basis of mandatory liability, such as under the Product Liability Act.
If we negligently breach a material contractual obligation (cardinal obligation), liability is limited to the foreseeable damage typical for this type of contract, unless we are liable without limitation under (a) above. Cardinal obligations are obligations whose fulfillment is essential for the proper performance of the contract in the first place, and on whose observance the customer may regularly rely.
Otherwise, we are not liable for damages caused by simple negligence. The above liability provisions also apply in favor of our legal representatives and vicarious agents.
§ 7 Right of Withdrawal
Consumers have a statutory right of withdrawal in the case of distance contracts; further information on the consumer's right of withdrawal and how to exercise it can be found in the withdrawal instructions.
§ 8 Final Provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG); for consumers, the mandatory consumer protection provisions of the state in which the consumer has their habitual residence remain unaffected. We are neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Should individual clauses of these GTC be wholly or partially invalid, the remainder of the contract shall remain valid. Insofar as individual clauses are invalid, the content of the contract shall be governed by the applicable statutory provisions.