General Terms

GENERAL TERMS

  1. Scope
    These terms and conditions (GTC) are the legal framework for the ordering of products, as well as for all business relationships, histories of goods and/or services of Essendorfer Genussschmelzerei GmbH, Managing Directors Andreas Essendorfer and Verena Bichler, Bayrischzeller Str. 11, 83727 Schliersee - Neuhaus (in the following “the company”) with the respective purchasers or customers.
    Changes, deletions or additions to these terms and conditions require the written consent of the company. The terms and conditions can be saved or printed by the customer.
    Contrary or deviating conditions of the customer are hereby expressly rejected. They will only become content of the contract if the company expressly agrees to this in individual cases.

  2. Conclusion of Contract
    If a product is listed on the website or in the web shop, it merely constitutes a nonbinding offer. The details are non-binding and subject to changes or errors.
    By placing an order, the customer has submitted an offer which is only accepted when explicitly accepted or by conclusive acceptance in the form of shipping of the goods. An order confirmation only reflects what the customer has stated in the frame of his offer and does not lead to the conclusion of the contract.
    A contract can be concluded only with natural persons with unrestricted legal capacity that are resident in the Federal Republic of Germany, a Member State of the European Union or Switzerland. Contracts can also be concluded with legal persons domiciled in the Federal Republic of Germany, a Member State of the European Union or Switzerland.

  3. Prices, Shipping Costs and Payment
    All prices are final prices including the applicable value added tax or VAT excluding shipping costs. The VAT is shown separately. The shipping costs are stated on the respectively marked information pages on the website or in the shopping cart.
    Payment shall be due upon receipt of the goods or delivery of the service at the latest.

  4. Delivery / Transfer of Risk
    A delivery period or deadline is not assured by the company.
    If the customer is an entrepreneur, the products will be delivered and dispatched at the risk of the customer. With the transfer of the goods, all risks and dangers of the shipment are in this case passed over to the logistics partner or supplier.

  5. Reservation of Proprietary Rights
    All delivered goods remain property of the company until payment is made in full.
    If the company exchanges goods in context of a warranty it is hereby mutually agreed that the ownership of the goods to be exchanged passes from the company to the customer by the customer returning the goods to the company and receiving replacement delivery.

  1. Warranty and Limitation of Liability
    The company manufactures its products with reasonable care. Claims by the customer for defects of the product, as well as other claims for damages are based on the statutory provisions unless otherwise regulated in the following. For compensation claims against the company the following applies:

The company shall be liable for damages incurred by the customer caused by intentional or grossly negligent conduct by the company or its agents, as well as for any culpable damage to life, body and health of the client, as well as damage according to the Product Liability Act. The company shall only be liable for damages that are based on a slightly negligent breach of a material contractual obligation (cardinal obligations). These are all material contractual obligations whose fulfillment allows the proper implementation of the contract in the first place and on whose compliance the customer shall trust. Liability is limited to typically foreseeable damage.
In addition, the liability of the company for damages is excluded – irrespective of their legal grounds. Also, the company shall not be liable in any way for any damages as a result of the services provided by third parties. This applies in particular to the use of external payment providers.
Should the delivered goods have obvious material or manufacturing defects, including transport damage, the customer is asked to complain about such errors as soon as possible. However, the failure to meet this deadline has no effect on the respective legal claims by consumers.

  1. Applicable Law
    Contracts concluded on the basis of these terms and conditions and related claims only shall be under the law of the Federal Republic of Germany under exclusion of the provisions to the uniform UN Sales Convention. For customers, the choice of law only applies insofar that the protection granted to the consumer is not affected according to mandatory regulations of the State of ordinary residence.

  2. Place of Jurisdiction
    To traders as customers, place of performance and place of jurisdiction for all disputes arising from and in connection with these terms and conditions is Schliersee-Neuhaus.

  3. Set-off / Right of retention
    The customer is only entitled to set off with legally established claims or claims recognized or undisputed by the company. The customer may only exercise his right of retention in connection with claims from this contract and subject to the conditions of sentence 1.

  4. Severability Clause
    Should individual provisions of these terms and conditions be ineffective or impracticable or become ineffective or infeasible after conclusion of the contract, the effectiveness of the other provisions remain unaffected. The ineffective and unworkable provision is replaced by an effective and workable provision, whose effects come closest to the economic objective which the contractual parties pursued. The aforementioned provisions apply if these conditions or the contract is incomplete.

Contracts concluded on the basis of these terms and conditions and related claims only shall be under the law of the Federal Republic of Germany under exclusion of the provisions to the uniform UN Sales Convention. For customers, the choice of law only applies insofar that the protection granted to the consumer is not affected according to mandatory regulations of the State of ordinary stay.

  1. Place of Jurisdiction
    To traders as customers place of performance and place of jurisdiction for all arising disputes is Schliersee-Neuhaus from and in connection with these terms and conditions.

  2. Set-off / Right of retention

The customer is only entitled to set off with legally established claims or claims recognized or undisputed by the company. The customer may only exercise his right of retention in connection with claims from this contract and subject to the conditions of sentence 1.

  1. Severability Clause
    Should individual provisions of these terms and conditions be ineffective or impracticable or become ineffective or infeasible after conclusion of the contract, the effectiveness of the other provisions remain unaffected. The ineffective and unworkable provision is replaced by an effective and workable provision, whose effects come closest to the economic objective which the contractual parties pursued if the provisions are ineffective and unworkable. The aforementioned provisions apply if these conditions or the contract is incomplete.