§ 1 Scope and Provider
(1) These general terms and conditions apply to all orders you make at the Online Shop of Endower GmbH, Alexanderplatz 1, 10178 Berlin, Germany, Managing Director: Tobias Markwort. Service hotline: phone 030 - 403 631 670, e-mail: firstname.lastname@example.org
The product range in our online shop is aimed exclusively at buyers who have reached the age of 18 years.
Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions therefore apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our terms and conditions, is already contradicted.
(4) Contract language is exclusively German.
(5) You can retrieve and print the currently valid terms and conditions on the website https://endower.biz/tandcs/.
§ 2 Conclusion of the contract
(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.
(2) By clicking on the button "Submit order" you make a binding purchase offer (§ 145 BGB).
(3) Upon receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (acknowledgment of receipt). This confirmation of receipt does not represent an acceptance of your purchase offer. A contract does not come about through the confirmation of receipt yet.
(4) A purchase contract for the goods is only concluded if we expressly declare acceptance of the purchase offer or if we ship the goods to you without prior express acceptance.
(5) The resale to pharmacies or pharmacy wholesaling is prohibited and only carried out by our sales partner Kyberg experts GmbH. Violations will result in a contractual penalty of 3,000 euros and a contract termination.
§ 3 Prices
The prices stated on the product pages do not include VAT and other price components and are exclusive of the respective shipping costs
§ 4 Payment terms: delay
(1) The payment can be made either: credit card, Sofortüberweisung, bank transfer or cash on delivery (Nachnahme) (6.90 € fee only within Germany)
(2) When selecting the payment method cash in advance (Vorkasse) we will give you our bank details in the order confirmation. The invoice amount has to be paid in advance. For delivery of goods before receipt of payment, the invoice amount must be transferred to our account within 10 days after receipt of the goods.
(3) When paying by credit card, the purchase price will be reserved on your credit card at the time of order ("authorization"). The actual charge on your credit card account will be made at the time we deliver the goods to you
(4) If you delay your payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. For each reminder sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless a lower or higher damage is proven in individual cases.
§ 5 Offsetting / retention
(1) You are only entitled to set-off if your counterclaim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of title
(1) Unless otherwise agreed, the delivery of the goods from our warehouse to the billing address specified by you or, if different from you indicated, delivery address.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur within the meaning of § 14 BGB, the following also applies:
- We reserve the title to the goods until complete settlement of all claims arising from the current business relationship. Before the transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
- You may resell the goods in the ordinary course of business. In this case, you already assign to us all claims in the amount of the invoice amount, which accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
- In the case of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion of the invoice value of the reserved goods to the other processed items at the time of processing.
- We undertake to release the securities to which we are entitled on request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.
(4) If the buyer refuses to accept our shipment or incurs additional costs for a return shipment due to incorrect address details on the part of the buyer, the buyer bears the direct costs for the return shipment.
§ 7 Damage resulting from Transport
(1) If goods are delivered with obvious damage in transit, please note damages immediately to the deliverer, and please contact us as soon as possible.
(2) The failure to file a complaint or contact has no consequences for your statutory warranty rights. However, they help us claim our own claims against the carrier or the transport insurance.
(3) If there are any damages of goods in transit to us, the buyer bears the task of notifying the carrier and providing for the costs.
§ 8 Warranty
(1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions of the purchase right (§§ 433 ff. BGB).
(2) If you are a company within the meaning of § 14 BGB, the limitation period for warranty claims for used goods deviating from the statutory provisions - one year. This restriction does not apply to claims based on damages resulting from injury to life, limb or health or from the violation of a material contractual obligation, the fulfillment of which enables the proper execution of the contract and whose compliance the contracting party may regularly rely on (Kardinalpflicht), as well as for claims based on other damages that are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In addition, the statutory provisions apply to the warranty.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the legal provisions with the following modifications apply:
- For the condition of the commodity only our own data and the product description of the manufacturer are binding, not however public praises and expressions and other advertisement of the manufacturer.
- You are obliged to inspect the goods immediately and with due care for quality and quantity deviations and to notify us of obvious defects within 7 days of receipt of the goods. Deadline is sufficient for timely dispatch. This also applies to later discovered hidden defects. In the event of a violation of the obligation to inspect and notify, the assertion of the warranty claims is excluded.
- In the case of defects, we provide warranty at our discretion through repair or replacement. In the case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.
- If the subsequent performance fails twice, you can request a reduction or withdraw from the contract at your option.
- The warranty period is one year from date of delivery.
§ 9 Liability
(1) Unlimited liability: We are fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, body and health of persons.
(2) In addition, the following limited liability shall apply: In case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you may regularly rely (Kardinalpflicht). Liability for slight negligence is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies in favor of our vicarious agents.
(3) The buyer commits himself with the purchase of the products, not to make ANY medical claims or health claims. In case of violations, the buyer is liable.
(4) The Buyer agrees to act in accordance with the applicable legal provisions of the country in which the Buyer resides, as well as the legal provisions in which the Buyer sells the Products. In case of violations, the buyer is liable.
§ 10 Final provisions
(1) Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions.
(2) Exclusively German law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Purchase Law").
(3) Are you a merchant, legal entity under public law, then jurisdiction for all disputes arising from or in connection with contracts between us and you is in Berlin, Germany.
Copyright: These general terms and conditions are based on a sample of HÄRTING Rechtsanwälte, www.haerting.de, Vertragstexte@haerting.de
Chausseestraße 13,10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4
lternative dispute resolution according to Art. 14 Abs. 1 ODR-VO and § 36 VSBG:
The European Commission provides an online dispute resolution (OS) platform available at https://ec.europa.eu/consumers/odr. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.