Table of Contents
1. Scope of application
2. Conclusion of the contract
3. Price and payment conditions
4. Terms of delivery and shipping
5. Liability for defects
7. Applicable law and jurisdiction
8. Alternative Dispute Resolution
1. Scope of application
1.1 These General Terms and Conditions of Business of Endriagonets S.L. (hereinafter referred to as “the Seller”) apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as “the Customer”) and the Seller in relation to goods or services displayed by the Seller in its online shop. The customer’s own terms and conditions are hereby excluded, unless otherwise agreed.
1.2 For the purposes of these General Terms and Conditions of Business, consumers or users are natural persons who are acting, in particular, for purposes which are outside their trade, business or independent professional activity. An entrepreneur is any natural or legal person, whether private or a partnership with or without legal capacity, who, when conducting a legal transaction, acts directly or through another person on his or her behalf or following his or her instructions, for a purpose related to his or her commercial, business or independent professional activity.
2) Conclusion of the contract
2.1 Product descriptions presented in the Seller’s web shop constitute binding offers from the Seller, which the Customer accepts by placing an order.
2.2 The customer may place orders by telephone, post, fax or e-mail, or via the online order form integrated into the Seller’s web shop, thereby accepting the Seller’s offer. By placing an order using the online form and after having entered his personal data, the customer issues his legally binding acceptance of the contractual offer on the products contained in his shopping basket by clicking on the button finalizing the order process.
2.3 Within 24 hours, the seller will send the customer an order confirmation by post or e-mail.
2.4 Upon acceptance of an offer via the Seller’s online order form, the Seller saves the contract text and sends it to the customer together with the corresponding general terms and conditions in text form (e.g. by e-mail, fax or letter) after the customer has placed the order. In addition, the contract text is stored on the Seller’s website and can be viewed by the customer free of charge by accessing his password-protected account using his login data, provided that he created such an account in the Seller’s web shop prior to placing the order.
2.5 Before placing a binding order via the Seller’s online form, the customer can correct his data at any time using the usual keyboard and mouse functions. In addition, before placing a binding order, all data will be shown once again in a confirmation window and can be corrected using the usual keyboard and mouse functions.
2.6 Order processing and contact are generally carried out by e-mail and automatic order processing. The customer must ensure that the e-mail address he provides for order processing is correct so that he can receive e-mails from the seller at this address. In particular, if spam filters are used, the customer must ensure that all emails sent by the seller himself or through a third party authorized by him to process the order can be received.
2.7 If the customer acts as a consumer, the language of the contract may only be Spanish.
3) Price and payment conditions
3.1 The prices indicated by the seller are global prices and include the legal value added tax. Where additional delivery or shipping costs apply, they shall be indicated in the description of the relevant product separately.
3.2 Where deliveries are made to countries outside the European Union, it is possible that in individual cases other costs may be incurred which the seller is not obliged to bear and which are to be borne by the customer. These include, but are not limited to, the costs of transferring money via credit institutions (e.g. transfer and currency conversion fees) or import duties or taxes (e.g. customs duties).
3.3 The customer has various payment methods available on the seller’s website.
3.4 If advance payment is agreed, it is due immediately after the conclusion of the contract.
4) Terms of delivery and shipping
4.1 The goods are regularly delivered to the delivery address specified by the customer. The delivery address specified in the Seller’s order shall be decisive for the processing of the transaction.
4.2 If the transport company is unable to deliver the goods to the customer and must therefore return them to the seller, the customer shall bear the costs of the unsuccessful delivery. This does not apply if the customer exercises his right of withdrawal, if the customer is not responsible for the circumstances that made delivery impossible or if he is temporarily prevented from receiving the performance offered, unless the seller has announced the performance to him with reasonable notice.
4.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-sufficiency. This only applies if the seller is not responsible for the non-delivery and has concluded a specific risk cover with due diligence with the supplier. The seller will make every effort to obtain the goods. In the event of unavailability or partial availability of the goods, the customer will be informed immediately and any payment already made will be refunded immediately.
4.4 If the customer is an entrepreneur, the risk of accidental loss and deterioration of the products sold is assumed by the customer as soon as the seller has delivered the goods to the transport company, the carrier or any other person or company entrusted with the execution of the shipment.
If the customer is a consumer, the risk of accidental loss and deterioration of the products sold in principle is not assumed by the customer or the person authorized to receive the goods until the time of delivery of the same. On the other hand, if it is the customer who ordered the shipment to the transport company, the carrier or any other person or company who was entrusted with the realization of the shipment and the seller had not previously mentioned such person or company to the customer, the risk of loss and accidental deterioration of the products sold will also be assumed by the customer, even if he is a consumer, as soon as the seller has delivered the goods to the transport company, the carrier or any other person or company who was entrusted with the realization of the shipment.
4.5 In the case of collection by the Customer, the Seller shall first inform the Customer by e-mail that the goods are ready for collection. Upon receipt of this e-mail, the Customer may collect the goods at the Seller’s registered office subject to agreement with the Seller. In this case no shipping costs will be charged to the Customer.
5) Liability for defects
In the event that the product purchased has a defect, the legal rules on liability for defects will apply and indicate the legal rights of consumer warranty in accordance with the General Law for the Defense of Consumers and Users. Under this law, all of the seller’s products offered on its website have a legal warranty of two years.
5.1 The above limitations of liability and reductions of limitation periods shall not apply:
to articles that have not been used in a construction in accordance with the intended use and that have caused the defective state of this;
to damages resulting from an injury to life, limb or health caused by a wilful or negligent breach of duty by the seller or by a wilful or negligent breach by a legal representative or a person acting on behalf of the seller;
other damages due to a willful or grossly negligent breach by the seller or a willful or grossly negligent breach by a legal representative or other person acting on behalf of the user; as well as
if the seller has fraudulently concealed the defect.
5.2 The consumer must notify the seller of the defect in the goods within two months of its discovery.
5.3 If the customer is an entrepreneur,
all claims for damages for minor defects are excluded
the seller may choose the form of subsequent completion
the limitation period for defects shall be one year from the transfer of risk.
the limitation period shall not run again if the delivery of a replacement for a material defect is made within the scope of liability for defects.
5.4 If the goods are delivered with obvious damage caused by transport, the seller asks the customer to claim such damage immediately from the deliverer and to contact the seller as soon as possible.
5.5 If the customer is an entrepreneur, the above limitations on limitation periods do not apply to claims for damages and expenses which the buyer may assert in accordance with the legal provisions in the following paragraph.
The Seller shall be liable to the Customer for damages for all its contractual, quasi-contractual and legal obligations, including tort obligations, as follows:
6.1 The Seller shall be liable without limitation, regardless of the legal cause:
– in case of intent or gross negligence;
– in the event of damage to life, limb or health through intent or gross negligence;
– by a promise of guarantee, unless otherwise stated;
– for obligatory liability, e.g. in accordance with the German Product Liability Act.
6.2 If the seller negligently breaches an essential contractual obligation, the liability shall be limited to the foreseeable and typical damages of these contracts, insofar as the seller is not unrestrictedly liable according to section 7.1. Essential contractual obligations are obligations that the content of the contract imposes on the seller to achieve the purpose of the contract, the performance of which is essential for the proper performance of the contract and on the observance of which the customer may rely in accordance with the law.
6.3 In all other cases, the seller’s liability is excluded.
6.4 These liability regulations also apply to the liability of the seller for his assistants or legal representatives.
7) Applicable law and jurisdiction
7.1 If the customer acts as a consumer in accordance with paragraph 1.2, all legal relations between the parties shall be governed by the national law of the State in which the customer has his habitual residence, excluding the United Nations Convention on the International Sale of Goods, and the exclusive jurisdiction for all disputes arising from this contract shall be that of the customer’s domicile.
7.2 If the customer acts as a merchant in accordance with paragraph 1.2, all legal relations between the parties shall be governed by the national law of the State in which the seller has its registered office, excluding the United Nations Convention on the International Sale of Goods, and the exclusive jurisdiction for all disputes arising from this contract shall be that of the registered office of the seller.
8) Alternative Dispute Resolution
8.1 The European Commission provides an online dispute resolution platform which is available at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a one-stop shop for the out-of-court settlement of disputes relating to contractual obligations arising out of contracts for the purchase or provision of online services to which a consumer is a party.
8.2 The seller is neither obliged nor willing to participate in a dispute resolution process before a consumer conciliation body.