I. Scope of application:
1. These General Terms and Conditions apply to all orders that you place in the online shop of ESGE AG.
2. The offer in this online shop is exclusively directed at buyers who have reached the age of 18, are consumers (end users) and live in the EU.
3. Contract and correspondence language is German.
4. You do not need to create a customer account to place orders in the online shop. You can also order as a guest, but in this case you will always have to re-enter your data in case of repeat orders.
II. Contractual partner, conclusion of contract:
1. Your contractual partner is ESGE AG, Hauptstraße 21, 9517 Mettlen, Switzerland, T +41 71 634 61 80, E onlinebamix.com, UID ATU75131108 (hereinafter only ESGE).
2. The presentation of the goods in the online shop is not an offer, but only an invitation to you to place an order.
3. By clicking the button "Buy now", you submit a binding offer to ESGE to purchase the ordered goods.
4. ESGE accepts your order immediately by sending an automatically generated e-mail to the e-mail address that you specified in your order.
5. ESGE is entitled to accept orders only partially.
1. All prices in the online shop are in Euro, including the legal sales tax and including customary packaging, but without the additional shipping costs.
2. The shipping costs depend on the country of delivery and will be indicated by us before your order is finalised.
IV. Payment, default and retention of title:
1. Place of fulfilment for the payment is the locatin of ESGE.
2. Payment can be made by credit card, PayPal or instant bank transfer (Klarna).
3. If the purchase price is paid using the online payment service PayPal or Klarna (instant bank transfer), but is subsequently charged back and credited to your (PayPal) account due to your application for buyer protection in accordance with the PayPal Buyer Protection Policy or Klarna Buyer Protection Policy, ESGE's purchase price claim will be reinstated.
4. If you are in arrears with a payment, you will owe statutory default interest. For reminders, ESGE charges a reminder fee of EUR 3.50 each, unless a lower or higher damage is proven in individual cases.
5. Until the purchase price has been paid in full, the right of ownership of the goods remains with ESGE (retention of title).
V. Place of fulfilment, delivery:
1. Delivery will be carried out with a delivery time of five to seven days.
2. The goods will be delivered between 8:00 a.m. and 7:00 p.m. to the delivery address you specify in the order. If the goods cannot be delivered because you are not on site and additional costs result from this, these are to be borne by you.
3. If you unjustifiably reject the delivery, you are in default of acceptance. In addition, ESGE's delivery is considered as fulfilled in this case and ESGE is entitled to store the goods at your expense. Resulting storage costs are to be refunded by you to ESGE immediately.
4. ESGE is entitled to partial deliveries; these Terms and Conditions apply to these partial deliveries in their entirety.
5. If ESGE is unable to deliver on the agreed date due to unforeseen circumstances beyond its control (force majeure, delays in delivery from suppliers, operational disruptions or interruptions for which ESGE is not responsible, transport delays, shortages of raw materials or energy for which ESGE is not responsible, etc.) and which are not merely of a short-term nature, ESGE shall be entitled to deliver at the next possible date, provided that acceptance of the delivery is still reasonable for you at that time. Otherwise, Esge is entitled to withdraw from the contract. ESGE shall only be liable for any other delay in delivery in the event of its own gross negligence and intent.
VI. Warranty and liability:
1. The statutory warranty provisions shall apply.
2. ESGE is not liable for information about products in catalogues, advertising letters, brochures, etc., which is provided outside the online shop.
3. ESGE shall only be liable for damages if it is guilty of intent or gross negligence.
VII. Applicable law and dispute settlement:
1. The purchase contract is subject to Austrian substantive law, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection regulations of the country in which the consumer has his residence shall remain applicable regardless of the choice of law.
2. Dispute settlement measures of third parties, such as the buyer protection granted by PayPal or Klarna in accordance with the Buyer Protection Policy of PayPal or Klarna, are non-binding and do not exclude the possibility of going to the ordinary courts.
3. ESGE is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
VIII. Information about your right of withdrawal (in Germany: “Widerrufsrecht”):
1. You have the right to withdraw from this contract within 14 calendar days without giving reasons. The period begins on the day on which you or a third party named by you, who is not the carrier, comes into possession of the goods.
2. To exercise your right of withdrawal, you must inform ESGE of your decision to withdraw from this contract by means of a clear statement. The easiest way to do this is to use this cancellation form, which you can fill in and send electronically. If you withdraw from the contract electronically using the form provided, ESGE will immediately send you an acknowledgement of receipt of your withdrawal to the e-mail address you provided. The withdrawal period shall be deemed to have been observed if you send your withdrawal declaration before the deadline.
3. If you withdraw from this agreement, ESGE shall immediately reimburse you for any payments it has received from you and no later than fourteen days from the date ESGE received notice of your withdrawal from this agreement. The refund shall be paid into the account you have indicated for this purpose. You will not be charged for this refund.
4. If you have chosen a means of delivery other than the cheapest standard one offered by ESGE, you will not be entitled to a refund of the additional costs that have occurred to you.
5. ESGE may refuse a refund until ESGE has received the goods back or until you have provided proof that you have returned the goods, whichever comes first.
6. If you withdraw from the contract in due time, you have to return the received goods to ESGE at your own expense immediately, but at the latest within 14 days after the declaration of withdrawal. The return period is deemed to have been observed if the goods are dispatched within this period.
IX. Final provisions:
1. You are not entitled to assign your claim for delivery of the goods to others.
2. If any provision of the contract is or becomes invalid or unenforceable, the remainder of the contract shall remain unaffected. These invalid or unenforceable provisions shall be deemed replaced by valid and enforceable provisions which most closely approximate the intended economic purpose (severability clause).
3. Collateral agreements, amendments and supplements must be in writing to be effective. This shall also apply to the waiver of this formal requirement.