General Terms and Conditions of Essenza Nobile GmbH
for orders through our Online Shop www.essenza-nobile.de
Last updated on February 1st, 2020
1. General, customers, Language
(1) All offers, sales contracts and deliveries made on the basis of any orders by our customers through our online shop www.essenza-nobile.de shall be governed by these general terms and conditions of sale (the General Terms and Conditions) by Essenza Nobile GmbH, Hebelstraße 12, 68161 Mannheim, Germany (Telefax: 0049 (0) 621 -122 08 75, E-Mail: [email protected]) in relation to this website– as far as you are not thereby deprived of a more comprehensive consumer protection at your residence.
(2) The product offerings in the Online Shop are directed to both Consumers and Business customers, but in each case only to end users. For the purpose of these General Terms and Conditions, a Consumer is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and a Business customer is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code).
(3) Standard business conditions of the customer do not apply, regardless of whether or not we expressly object to them in a particular case.
(4) Our contracts with the customer shall be made exclusively in the German or English language, in each case depending on whether the customer makes the relevant purchase on our English language or on our German language website. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website, exclusively the English version of these General Terms and Conditions shall be relevant.
2. Conclusion of Contract
(1) Our offerings in the Online Shop are non-binding.
(2) By placing an order in the Online Shop, the customer makes a binding offer to purchase the relevant product. The offer will remain open for acceptance by us for a period ending at the end of the third business day following the day of the offer.
(3) Without undue delay upon receipt of the order, we will send to the customer by e-mail a confirmation of receipt, which shall not constitute an acceptance of the order. The order shall be deemed to be accepted by us either upon subsequent (e-mail) acceptance of the order or by dispatching the product. The sales contract with the customer shall not become effective until our acceptance.
(4) Any customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the customer on our website during the ordering process.
(5) We save the contract text and send you the order data and our terms and conditions by email. For security reasons, the contract text is no longer accessible on the Internet.
Right of cancellation
You may rescind your contractual declaration in text format (e.g. letter, fax, e-mail) within 14 days without specifying reasons, or – if goods are delivered prior to expiration of this term – by return of goods. This term begins upon receipt of this notice in text form, but not prior to goods being delivered to the recipient (in the case of recurring shipments of the same goods not prior to receipt of the first partial shipment), not prior to us meeting our obligations to inform pursuant to Article 246 § 2 in conjunction with § 1 section 1 and 2 Introductory Act to the German Civil Code and our obligations pursuant to § 312g Section 1 Sentence 1 German Civil Code in Conjunction with Article 246 § 3 Introductory Act to the German Civil Code.
To honour the cancellation period you must simply send your cancellation notice or the goods in due time. Please submit your cancellation to:
Essenza Nobile GmbH
E-Mail: [email protected]
Fax: 0049 (0) 621 / 122 08 75
You can submit the cancellation with this online form under the following url: https://essenza-nobile.de/formcancellation
In the event of an effective cancellation both parties shall return the services rendered and surrender any benefits received (e.g. interest). If you are unable to return or surrender the service received and benefits thereof (e.g. benefits of use) in whole or in part, or only in deteriorated condition, you are obligated to compensate us for lost value. A deterioration of goods and benefits of use shall only be compensated if such use or deterioration is due to handling the goods beyond mere verification of characteristics and functionality. "Verification of characteristics and functionality" refers to testing and trying the respective item as would be possible and customary in a retail store. Goods suitable for parcel post shall be returned at our risk. The return shipment is free of charge to you. Items not suitable for parcel post shipment will be picked up from your location. Obligations to refund payment must be satisfied within 30 days. For you this term start at the time the cancellation or product is sent, for us upon receipt thereof.
Exclusion of cancellation
The right to cancel pursuant to § 312d sect. 4 German Civil Code does not apply if, among other things, to distance selling contracts for delivery of goods produced to customer specifications or clearly customised to personal needs, or are not suitable for return shipment due to their properties.
Sample Cancellation Form
If you want to withdraw from the contract, please complete all information in this form and return it to us.
To: Essenza Nobile GmbH
0621 - 17894040
0621 - 1220875
I / We (*) hereby withdraw from the contract signed by me / us for the purchase of goods / the rendering of services as listed below:
Date of Order:_______________
Date of Receipt:______________
Consumer(s) Name(s): _________
Consumer(s) Signature(s) (forms returned on paper only)
(*) Please delete where inapplicable.
End of cancellation notice
4. Cost Responsibility Agreement
The return shipment is free of charge to you, as we take the shipping costs of orders that are canceled due to the right of cancellation.
5. Prices and Payment
(1) Our prices include statutory VAT, but are net of shipping costs. Any customs duties and similar public charges shall be borne by the customer.
(2) Unless expressly otherwise agreed by us, all shipments by us shall require advance payment, pay pal, credit card, instant bank transfer, purchase on account or shall be paid by direct debit, in each case upon receipt of an invoice . Upon the customer's request, to be made in the order form, we will deliver the product against cash payment in our store in Mannheim, Germany.
(3) In the event that we have agreed to payment after delivery, our invoices shall be due and payable by the customer within three business days upon receipt of the product and the invoice.
(4) The customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
6. Dispatch of the Product
(1) The date of dispatch shall be such day on which the product is handed over by us to the carrier.
(2) Regardless of whether any product is indicated on the order form as "in stock", we may sell such product at any time, provided that the order form has included a notice as to the limited availability of the product or an advance payment has been agreed upon and this payment amount is not received by us within a period of five business days upon our acceptance of the order. In such cases, we shall only be obligated to dispatch the product within the time period agreed upon or indicated by us as long as stock lasts.
(3) In the event that our supplier fails to deliver in a timely manner a product that has been indicated on the order form as "not in stock" or has been sold off in accordance with subsection 4 above, any applicable delivery period pursuant to this Section 4 shall be deemed to be extended until delivery is made by our supplier plus an additional period of three days, but in no event by a period of more than three weeks, provided that our supplier's failure to timely supply the products is not a result of our fault or negligence and that we have without undue delay ordered the relevant products from the supplier.
(4) In the event that the product is no longer available or cannot be timely delivered, for any of the reasons set out in subsection 6, we shall without undue delay inform the customer thereof. If the product is no longer available from our suppliers within the foreseeable future, we shall be entitled to terminate the sales contract. In case of such termination, we shall without undue delay reimburse the customer any payments which the customer has made to us in respect of the order. The legal rights of the customer resulting from late delivery shall not be affected by this provision; provided, however, that the customer may claim damages only subject to the provisions of section 8 of these General Terms and Conditions.
(5) Partial deliveries of products included in the same order shall be permitted, provided that the products can be used separately and provided further that we shall bear any additional shipping costs caused thereby.
7. Shipment, Insurance and Passing of Risk
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion.
(2) We shall only be obliged to properly and timely deliver the product to the carrier and shall not be responsible for any delays caused by the carrier.
(3) If the customer is a consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the customer upon delivery of the product to the customer or upon the customer's default of acceptance. In all other cases, such risk shall pass to the customer upon delivery of the product by us to the carrier.
(4) Shipping Costs:
The Essenza Nobile GmbH delivers worldwide. The shipping options for the foreign countries and the resulting costs can be selected, controlled and determined before submitting the order in the shopping cart system. If your country is not listed or you have questions related to shipping costs, please contact us through our contact form.
8. Retention of Title and Resale
(1) We retain legal title to any product supplied by us until the purchase price (including VAT and shipping costs) for such product has been fully paid.
(2) The customer shall not be entitled to resell any products delivered by us which are under retention of title, except with our prior written consent.
(1) The product pictures shown in our online shop do not necessarily match the actual appearance of the products delivered. Especially renewals of product ranges by the producers may cause changes in the appearance and the features of the products. Warranty claims are excluded as far as the changes are reasonable for the customer.
(2) In the event of a defect of the delivered product, the customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects. Notwithstanding the foregoing, if the customer is a Business customer, we shall have the right to choose between any such remedies at our discretion, provided that such choice shall be made by us by written notice (in text form, including by telefax or by e-mail) within a period of three business days following receipt of the customer's notice of the defect. We may refuse to remedy a defective product in the manner requested by the customer if such remedy would result in unreasonable costs.
(3) If the remedy (supplementary performance) pursuant to Section 7 (1) fails or cannot reasonably be expected from the customer or we refuse to remedy the defect, the customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the customer shall be subject to the provisions contained in Section 9 of these General Terms and Conditions.
(4) The warranty period shall be two years upon delivery of the Product if the customer is a Consumer or otherwise twelve months upon delivery of the product.
(5) With regard to Business customers only, the following shall apply: The customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or (ii) otherwise within five business days from the day when the defect has been identified.
(1) The legal regulations shall apply.
(2) We shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the product. Furthermore, our liability shall be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. The foregoing limitations of liability shall not apply in cases of wilful misconduct or gross negligence.
(3) The provisions of this Section 9 shall not apply with respect to our liability for guaranteed product specifications (within the meaning of Sec. 444 of the German Civil Code), personal injury or under the German Product Liability Act.
11. Code of Conduct
We have submitted to the following codes of conduct:
rusted shops quality criteria link:
12. Dispute settlement
The European Commission provides a platform for online dispute resolution (OS), which you can find here https://ec.europa.eu/consumers/odr/. Consumers have the option to use this platform to resolve their disputes.
In order to resolve disputes arising from a contractual relationship with a consumer or whether such a contractual relationship exists, we are obliged to participate in dispute settlement proceedings before a consumer arbitration board. The federal arbitration board at the Center for Arbitration e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de is responsible. We will participate in a dispute settlement procedure before this point.
13. Applicable Law and Competent Courts
(1) Any contracts entered into between us and the customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
(2) If the customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business ( Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law, the courts in Mannheim shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the customer may file suit before any court of competent jurisdiction under applicable law.