For internet orders with
ESBT GmbH, Marktplatz 3, 88316 Isny im Allgäu
I. Scope of application and definitions
- These general terms and conditions apply to all contracts that are concluded with us under www.esbt.one. Adverse contractual terms or contractual terms of the client diverging from our general terms and conditions only apply if we have expressly agreed to them.
- A consumer in terms of these general terms and conditions is each individual person who concludes a legal transaction for purposes that predominantly cannot be attributed neither to his/her commercial nor his/her self-employed professional activity.
- Entrepreneurs in terms of these general terms and conditions are individual or legal persons or partnerships having legal capacity that act in the exercise of their commercial or self-employed professional activity when concluding contracts with us.
II. Offer and conclusion of contracts
- Our offers exclusively address to persons of age and having unlimited legal capacity.
- Our offers are not binding, but an invitation for the client to make an offer.
- The order made by the client represents a binding offer for the conclusion of a contract. We are entitled to accept this offer within two working days. The acceptance is realized by an explicit statement towards the client or by delivering the goods.
- Should we accept the offer at modified conditions, e.g. to a diverging price or to diverging order sizes, this acceptance can be considered as offer for the conclusion of a modified contract. In this case, the client has the possibility to accept this offer for his/her part within two working days and thus to conclude a contract diverging from the original order.
- The email that confirms the entry of the order, produced automatically following the order of the client, does not yet an acceptance of the contract, but only serves as an information for the client and the fulfillment of the legal information obligations.
- Delivery is made to the delivery address indicated by the client.
- If the client is obliged to advance payment, the performance times/delivery delays mentioned in the offers depend on the fact that the client has made the payment directly after conclusion of the contract.
- If possible, the delivery is effected in one shipment. We are entitled to partial deliveries and partial performance, however, if these are acceptable to the client. Additional costs arising from partial deliveries are borne by us.
- Delivery dates indicated are no fixed dates, unless we have explicitely confirmed such a date as fixed date.
- Due to delays in delivery occurring in our company or in the company of one of our sub-contractor/sub-supplier due to force majeure or due to conditions similar to force majeure (such as measures concerning monetary and trade policy or other official measures, strikes, business disruptions such as fire, engine failures, breaks, shortage of raw materials or energy) we are entitled to postpone the delivery by the duration of the obstruction. If the realization of the contract becomes unacceptable for the client because of the delay, he is entitled to resign. In case of obstructions to performance that are not only temporary, we are entitled to resign from the contract.
IV. Non-availability of the performance
- Each offer is subject to punctual and correct supply to ourselves. If the ordered goods are not available, because we do not obtain the goods from our supplier not resulting from our failure and what we could not foresee when concluding the contract, we are entitled to resign from the contract. In this case, we will inform the client immediately that a delivery is not possible and will immediately pay back to him/her the purchase price possibly already paid. This right vis-à-vis consumers only exists if we have concluded a concrete cover transaction and if the supplier did not deliver us by surprise.
- Any liability for damages for non-performance is excluded, if we have not acted grossly negligent or deliberate as to the lack of availability. A possible liability due to pre-contractual default remains unaffected.
V. Prices and delivery costs
- Our prices are quoted included applicable VAT.
- Arising shipping costs will be shown during the order transaction. You will find a summary of the shipping costs under the menu item shipping terms.
VI. Payment, due date, failure
- Principally we only accept the payment methods mentioned within the scope of our offer.
- The client is obliged to advance payment, except in case of payment via cash on delivery or payment against invoice. In this case, payment becomes due with the conclusion of the contract and receipt of the invoice or the statement of account. In case of payment via cash on delivery or payment against invoice, the payment becomes due with receipt of the goods and the invoice or the statement of account.
VII. Right of retention and retention of title
- The client is only entitled to the exercise of a right of retention if his/her counterclaim is based on the same contractual relationship.
- The delivered goods remain our property until full payment. If third parties take hold of the goods subject to retention of title, the client will point out to our property and will inform us immediately.
- We are liable for grossly negligent and intentional violation of duties.
- If the client is an entrepreneur, our liability in case of non-intentional acts is restricted to the typically foreseeable damage at the conclusion of the contract. In case of slight negligence, we are only liable in case of violation of essential contractual obligations and our liability is restricted to the typically foreseeable damage at the conclusion of the contract. We are not liable for other damages caused by slight negligence due to a default of the goods. These restrictions do not apply in case of violation of life, body and health. A possible violation because of pre-contractual default or according to the product liability law remains unaffected by these liability restrictions.
- If the client is a consumer, we are only liable in case of slight negligence in case of the violation of an essential contractual obligation and restricted to the typically foreseeable damage at the conclusion of the contract. We are not liable for other damages caused by slight negligence due to a default of the goods. These restrictions do not apply in case of violation of life, body and health. A possible violation because of pre-contractual default or according to the product liability law remains unaffected by these liability restrictions.
- Irrespective of a default, we are only liable in case of fraudulent concealment of a deficiency or due to assuming a guarantee or a warranty. A manufacturer's warranty is a warranty of the manufacturer and does not represent the assumption of a guarantee by us.
- We are also responsible for the impossibility of the delivery occurring during the delay by chance, unless the damage would have occurred in case of a punctual delivery.
- If the liability for damages is excluded or restricted towards our company, this also applies to the personal liability for damages of our employees, colleagues, assistants, representatives and vicarious agents.
IX. Final provisions
- These terms and conditions are governed by the law of the Federal Republic of Germany with exclusion of UN commercial law.
- If the client is a businessman, a legal entity under public law or separate funds under public law, exclusive place of jurisdiction is 88214 Ravensburg (Germany).
- If single clauses of this agreement become completely or partly ineffective or void, the effectiveness of the other provisions remains unaffected.