Conditions of Use
GENERAL TERMS AND CONDITIONS OF BUSINESS
§ 1 Scope, customer information
The following general terms and conditions (GTC) regulate the contractual relationship between Enzo Escoba | est. 2017 and the consumers and entrepreneurs who buy goods through our shop www.enzoescoba.de. We do not accept any conditions that conflict with or deviate from our terms and conditions. The contract language is German.
§ 2 Conclusion of contract
(1) The offers on the Internet represent a non-binding invitation to you to purchase goods.
(2) You can add one or more products to the shopping cart. During the ordering process, you enter your data and wishes regarding payment method, delivery modalities, etc. Only when you click the order button do you make a binding offer to conclude a purchase contract.
(3) With the confirmation of receipt sent immediately by email, acceptance of the offer is also declared and the purchase contract is thereby concluded.
§ 3 Customer information: Storage of the contract text
We will save your order with details of the contract concluded (e.g. type of product, price, etc.). We will send you the general terms and conditions, but you can also access the general terms and conditions via our website at any time after the contract has been concluded. As a registered customer, you can access your past orders via the customer login area (history and details of your orders).
§ 4 Customer information: Correction notice
You can correct your entries at any time before placing the order using the delete button. We will inform you about further correction options as you go through the ordering process. You can also end the ordering process completely at any time by closing the browser window.
§ 5 Retention of title
The purchase remains our property until full payment.
§ 6 Statutory liability rights for defects and statute of limitations
(1) Liability rights for defects
Statutory liability rights for defects exist for our goods.
(2) Restriction of liability rights (warranty) towards consumers for used goods
There are two deadlines for your claims for defects, both of which run from delivery of the used goods to you.
We are shortening the liability period for defects from two years to one year.
However, you can claim defects that occur within this liability period until the statutory limitation period of two years has expired.
Excluded from the shortening of the liability period are claims for damages, claims due to defects that we have fraudulently concealed, and claims arising from a guarantee that we may have assumed for the quality of the item. The statutory deadlines apply to these excluded claims. If there is a guarantee period, the longer period applies in favor of the guarantee holder.
(3) Restriction of liability rights for defects (warranty) towards entrepreneurs
Your warranty claims due to defects in the purchased item expire one year from the transfer of risk. The following claims are excluded from this regulation
- for compensation
- due to fraudulently concealed defects
- from any guarantee provided
- recourse according to §§ 445a, 478 BGB
- due to defects in building materials and components that were used for a building in accordance with their normal use and which caused its defectiveness.
For these excluded claims, the statutory limitation periods apply. If there is a guarantee period, the longer period applies in favor of the buyer.
§ 7 Limitation of liability
We exclude liability for slightly negligent breaches of duty, provided that these do not relate to essential contractual obligations, damages resulting from injury to life, body or health, guarantees or claims under the Product Liability Act (ProdHaftG). The same applies to breaches of duty by our vicarious agents and our legal representatives. The essential contractual obligations include, in particular, the obligation to hand over the item to you and to provide you with ownership of it. Furthermore, we must provide you with the item free of material and legal defects.
(1) Liability for social media and web advice
Enzo Escoba will inform the customer in a timely manner of any risks they can identify with the content or design of planned advertising measures. If Enzo Escoba considers a legal (e.g. competition law) examination by a special expert person at the customer's expense to be necessary for the implementation of the measures, Enzo Escoba must inform the customer of this. If Enzo Escoba has pointed out concerns and the customer nevertheless insists on implementing the advertising measure, the agency is not liable for any resulting disadvantages and risks. The customer shall indemnify and hold Enzo Escoba harmless from any third party claims. without complaint. Notwithstanding this, Enzo Escoba is not liable for the factual information contained in advertising measures about the customer's products/services or the ability to protect the ideas, suggestions, concepts, drafts, etc. provided under this contract under copyright, design, trademark or trademark law, unless , this ability to protect was expressly included in the contract.