Terms and Conditions (T&C) - English version for convenience only

All information regarding the right of withdrawal can be found here.

The following General Terms and Conditions apply to the online shop operated under the URL
https://www.johannes-esselborn.de
by


Johannes Esselborn
An der Ehwende 1
21745 Hemmoor - Germany

Small business according to Section 19 of the German VAT Act (UStG)

E-Mail: kontakt@johannes-esselborn.de

– hereinafter referred to as the PROVIDER –

1. Scope of Application

These General Terms and Conditions (T&C) apply, after their inclusion, to all contracts concluded for the purchase of goods, services, or other items (hereinafter referred to as “Goods”) via the online shop under the above-mentioned URL, in the version valid at the time the contract is concluded. These T&C apply exclusively. Deviating terms and conditions of the customer shall not become part of the contract unless the Provider expressly agrees to their validity.

2. Conclusion of Contract

2.1 The offers presented in the online shop constitute a non-binding invitation by the Provider to visitors of the online shop to submit an offer to purchase the goods offered in the shop.
2.2 The ordering of goods is carried out via the Provider’s online order form. After selecting the desired goods, entering all required mandatory information, and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance takes place by confirming the conclusion of the contract in written or text form (e.g. by email) (order confirmation) and this confirmation is received by the customer, or by delivering the ordered goods to the customer, or by requesting payment from the customer (e.g. invoice or credit card payment during the ordering process) and this request for payment is received by the customer. The decisive point in time for the conclusion of the contract is the moment when one of the aforementioned alternatives first occurs.
2.3 Before submitting a binding order via the Provider’s online order form, the customer may review and correct their entries at any time using the usual keyboard, mouse, touch, or other available input functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual input functions.
2.4 The Provider will store the contract text after the conclusion of the contract and will transmit it to the customer in text form (e.g. by email). Any further accessibility of the contract text by the Provider does not take place. If the purchase was made via a customer account in the online shop, the customer can view their orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: German.

3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded outside of business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. Details can be found in the withdrawal information, which is made available to each consumer at the latest immediately before the conclusion of the contract.

4. Payment, Default

4.1 The prices listed in the online shop at the time of the order apply. All prices are final prices plus any shipping costs that may be listed. In accordance with Section 19 of the German VAT Act (UStG), no value-added tax is charged. The customer will be informed about the available payment methods in the Provider’s online shop.
4.2 If payment in advance (“prepayment”) has been agreed, the purchase price is due immediately after the conclusion of the contract.
4.3 If payment via “PayPal” has been agreed, the purchase price is due immediately after the conclusion of the contract. Payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg.

5. Retention of Title

The purchased goods remain the property of the Provider until full payment of the purchase price has been made.

6. Delivery and Reservation of Self-Supply

6.1 Subject to deviating agreements, delivery shall be made within the delivery period stated in the online shop to the delivery address specified by the customer. The applicable delivery times can be found in the online shop.
6.2 Collection of the purchased goods by the customer is excluded.
6.3 If the Provider is unable to deliver the ordered goods because it was not supplied by its own supplier through no fault of its own, despite having concluded a congruent hedging transaction with a reliable supplier in due time, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer immediately of the impossibility of performance. Any consideration already provided by the contracting party will be refunded immediately. Mandatory consumer rights remain unaffected by this provision.

7. Warranty

The statutory provisions on liability for defects apply.

8. Liability and Indemnification

8.1 The Provider shall be liable without limitation:

  • for damages resulting from injury to life, body, or health caused by a wilful or negligent breach of duty by the Provider or by a wilful or negligent breach of duty by a legal representative or vicarious agent of the Provider;
  • for damages resulting from a wilful or grossly negligent breach of duty by the Provider or by a wilful or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
  • on the basis of a guarantee, insofar as no other provision has been made in this respect;
  • due to mandatory liability (e.g. under the Product Liability Act).

8.2 If the Provider negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding paragraph. Material contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.
8.3 In all other respects, the liability of the Provider as well as the liability of its vicarious agents and legal representatives is excluded.
8.4 The customer shall indemnify the Provider against all claims by third parties – including the costs of legal defence in the statutory amount – that are asserted against the Provider due to unlawful or contractual breaches by the customer.

9. Data Protection

The Provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. Further details can be found in the Provider’s privacy policy.

10. Final Provisions

10.1 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), provided that this choice of law does not result in a consumer with habitual residence in the EU being deprived of mandatory statutory provisions of the law of their country of residence.
10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be the registered office of the Provider, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer does not have a place of residence within the European Union. The registered office of our company can be found in the heading of these T&C.
10.3 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

11. Information on Online Dispute Resolution / Consumer Arbitration

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Our email address can be found in the heading of these Terms and Conditions.