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General Terms and Conditions

Econic One GmbH
Alfred-Herrhausen-Allee 3-5
65760 Eschborn
- hereinafter referred to as provider -

  • 1 - Scope, definitions

(1) For the business relationship between the provider and the customer in connection with the web store to the URLhttps://econicone.com, the following General Terms and Conditions apply exclusively in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity.

(2) The customer is a consumer, unless the purpose of the ordered goods and services can be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity. 

 

  • 2 - Conclusion of contract

(1) The customer can select goods - hereinafter referred to as articles - from the provider's product range. The selection is stored in an electronic shopping cart. By sending the order, the customer makes a binding request to purchase the items stored in the shopping cart.

(2) Before submitting the order, the customer can change and view the data at any time, which also gives him the opportunity to identify and correct any input errors. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms by activating a checkbox and thereby included them in his application.

(3) The Provider shall send the Customer an order confirmation by e-mail in which the Customer's order is listed again and which the Customer can print out. The order confirmation merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is concluded only by the provider's declaration of acceptance with a separate e-mail, at the latest, however, by delivery of the item or performance of the agreed service.

 

  • 3 - Contract text storage

(1) The contract text and the order data are stored by the provider and can be accessed online via a customer account. In addition, the order confirmation contains all essential order data.

(2) The customer also has the option of printing out the General Terms and Conditions and all data entered during the ordering process using the browser's print function or saving them using the browser's save function.


  • 4 - Delivery, Customer's Duty to Cooperate

(1) Unless otherwise stated in the offer, the delivery of items from stock to the delivery address specified by the Customer shall be made by mail via the shipping company by means of Dachser, UPS, DPD, Cargoboard or DHL. Unless otherwise stated in the offer, an item will be shipped within 3 business days after the conclusion of the contract. In the case of payment in advance, the period shall not commence until the agreed payment amount has been credited in full to the Provider's account. 

(2) Unless otherwise stated in the offer, delivery is limited to Germany only. If the item selected by the customer is temporarily out of stock or unavailable, the provider will inform the customer immediately in the order confirmation. If the article is permanently not deliverable or available, the provider refrains from a declaration of acceptance. In this case, a contract is not concluded.

(3) Insofar as the Customer's cooperation is required for the Provider's services, the Customer shall support the Provider by actively cooperating. For this purpose, the Provider may set the Customer a reasonable deadline. If the customer does not fulfill his obligations to cooperate or does not do so in a timely manner, any agreed-upon service deadlines shall be extended accordingly. 


  • 5 - Retention of title

Until full payment, delivered items remain the property of the provider. If the customer is allowed to pay via a payment service or by direct debit, the delivered items remain the property of the provider until a reversal is excluded under the terms and conditions of all participating credit institutions.

 

  • 6 - Prices and shipping costs

(1) All prices include the respective legally valid value added tax.

(2) Delivery and shipping costs to be paid in addition to the purchase price - insofar as they are to be borne by the Customer - are stated separately in the respective offer. In the case of cross-border delivery, further taxes or duties (e.g. customs duties) may be added in individual cases. In such cases, payment shall not be made to the supplier, but to the competent customs or tax authorities.

(3) In the event of revocation, the customer shall bear the direct costs of returning the items.  This does not apply to items that cannot be returned normally by mail due to their nature. In this case, the provider bears the direct costs of the return. 

 

  • 7 - Payment terms, default

(1) The customer has the payment modalities stated in the offer or on the website (cf. Stripe.com, klarna.com, paypal.com) at his disposal. Payment is due immediately after conclusion of the contract. 

(2) The Provider draws the Customer's attention to the fact that the Provider assigns its purchase price claim to Paypal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: Paypal) in case of payment processing via Paypal. By selecting the payment method, the customer agrees to the assignment. After acceptance of the assignment by Paypal, payments can only be made to Paypal with discharge of debt.

(3) If a payment method offered via the payment service "Klarna" is selected, the payment will be processed via the payment service provider Klarna AB, Sveavägen 46, 111 34 Stockholm. For the processing of payments Klarna may use other payment services, for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Klarna" is available on the Internet athttps://www.klarna.com/de/.

 

(4) The processing of the payment methods credit card payment, GIROPAY and SEPA LASTSCHRIFT is carried out in cooperation with Stripe Payments Europe, Ltd, c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: "Stripe"), subject to the Stripe Terms of Use, viewable athttps://stripe.com/de/terms, to which the Seller assigns his payment claim. Stripe collects the invoice amount from the specified credit card account or bank account of the customer. In case of assignment, payment can only be made to Stripe with debt discharging effect. The credit card will be charged immediately after sending the customer's order in the online store or 2 days by SEPA direct debit. Even if the payment method credit card payment, SEPA direct debit, Giropay via Stripe is selected, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes. When selecting JobRad for payment, you are choosing the company bicycle concept in Germany. Similar to the well-known company car leasing, JobRad works with bicycles and e-bikes. You get your company ebike directly from your employer.


(5) In the event of default, the Customer shall pay the Provider default interest in the amount of 5 percentage points above the base interest rate. The Customer's obligation to pay interest on arrears does not preclude the Provider from asserting further claims for damages caused by arrears. 


  • 8 - Right of retention

The customer is only entitled to a right of retention if the counterclaim is based on the same contractual relationship.


  • 9 - Statutory liability for defects, warranty

(1) The provider is liable for material defects in accordance with the applicable statutory provisions. Towards entrepreneurs, the regular warranty period for goods delivered by the provider is 12 months from handover or delivery. The liability of the provider according to § 10 remains unaffected.

(2) A warranty exists only if it is expressly stated in the offer. The legal warranty is neither excluded nor limited by a guarantee.


  • 10 - Liability for damages

(1) The Provider shall be liable without limitation for claims for damages by the Customer arising from injury to life, limb or health or from the intentional or grossly negligent breach of material contractual obligations, as well as for other damages based on an intentional or grossly negligent breach of duty by the Provider. This shall also apply insofar as the aforementioned violations were committed by a legal representative of the Provider or a vicarious agent. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) If the violation of essential contractual obligations was caused by simple negligence, the Provider shall only be liable for the foreseeable damage typical for this type of contract, unless it is a matter of claims for damages by the Customer arising from injury to life, body or health.


(3) The restrictions of paragraphs 1 and 2 shall also apply in favor of the legal representatives and vicarious agents of the Provider if claims are asserted directly against them.


(4) The provisions of the Product Liability Act shall remain unaffected.


(5) In all other respects, the Provider excludes its liability.


  • 11 - Data Protection

The provider attaches the highest importance to the protection of the privacy of the customer. All data provided to the Provider shall be processed exclusively in strict compliance with the General Data Protection Regulation (EU DSGVO) and all other data protection laws or provisions of a data protection nature applicable in the member states of the EU. This applies in particular to the processing of personal data. Further information is contained in the data protection declaration, which is available athttps://econicone.com/policies/privacy-policy


  • 12 - Dispute Resolution

(1) The European Commission provides a platform for online dispute resolution (OS) under the link https://der-honig-alchemist.de/Datenschutzeine. Consumers can use this platform for the settlement of their disputes. The email address of the provider is info@econicone.com.


(2) The provider is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.




  • 13 - Final Provisions

(1) Contracts between the Provider and the Customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. With respect to consumers, this choice of law shall apply only to the extent that the protection granted is not thereby withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The language of the contract shall be German.


(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider. The right of the provider to call the court at another legal place of jurisdiction remains unaffected.


(3) The remaining parts of the General Terms and Conditions shall remain binding even if individual points are legally invalid.

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