General Terms And Conditions
I. Scope and contractual partners
1. These General Terms and Conditions apply to all offers and services of EcoTube HOME & GARDEN GmbH, in particular in connection with the Internet presence at www.ecotube-home.de. The contractual partner of the customer (cf. I.4, hereinafter also referred to as "you") within the meaning of these General Terms and Conditions of Business and Delivery is EcoTube HOME & GARDEN GmbH, Schwanthaler Straße 12, 80336 Munich, represented by the managing director Stefan Pyttlik, commercial register: Munich District Court, HRN 263160, tel.: +49 (0) 89-693100496, www.ecotube-home.de, Email: info@ecotube-home.de (hereinafter referred to as "ecotube" or "we" or "us").
2. For the business relationship between ecotube and the customer, only the following General Terms and Conditions of Business and Delivery in their version valid at the time of the order or the offer apply. Any contractual offers made by the customer with reference to his terms and conditions are hereby rejected.
3. Individual contractual agreements shall take precedence over these General Terms and Conditions. No verbal side agreements were made. Third parties who work for ecotube and are not employees of ecotube are not authorized to enter into agreements or assurances that deviate from these contractual conditions. This also applies to subsequent changes and additions.
4. Customer as per general terms and conditions are consumers as well as entrepreneurs and legal entities under public law. Consumers in the meaning of the general terms and conditions are natural persons with whom business relations are entered into without them acting in a commercial or independent professional activity. Entrepreneur, in the meaning of the general terms and conditions, are natural or legal persons or legal entities with which business relationships are entered into and which act in the exercise of a commercial or self-employed professional activity, as well as legal persons under public law.
II. General
1. Conclusion of contract/storage of the contract text
1.1 The presentation of the products and other services in the online shop of ecotube, available at www.ecotube-home.de, does not constitute a legally binding offer to conclude a purchase contract, but a non-binding online catalog. By clicking on the "add to basket" button, the customer can add a selected item to his virtual shopping basket. It is then forwarded to the virtual shopping cart. There he can check the added article and make corrections, e.g. a change of the number of the added article, if necessary and/or remove the added article from the shopping cart and/or by clicking on the button "continue shopping " if necessary select further articles. A change in the number of items is accepted and updated by clicking on the "Update cart" button in the system. After clicking on the button "continue to checkout", the customer can supplement his further data necessary for the conclusion of the contract, e.g. name, address, billing address and the details of the means of payment to be used. Then he can place a binding order for the goods contained in the shopping cart by clicking on the button "Purchase at cost".
If an acknowledgement of receipt of the customer's order has been sent automatically by the system, this does not yet constitute an acceptance of an offer, but is only intended to inform that the offer for the conclusion of a contract has been received by us. If the confirmation of the receipt of the customer's order already takes place together with the acceptance of the order immediately after sending by an automated e-mail, the purchase contract with this e-mail confirmation has come into existence.
In the event that ecotube submits a written offer for products and/or services to the customer, the contract shall be concluded if this is accepted by the customer - preferably in writing - within the time limit and/or if the items or services offered by ecotube are used by the customer.
1.2 The Customer may, within the scope of the provisions of section II. 1.1 to submit an offer, check its input by pressing the input button (on the confirmation page that opens).
For a correction, it is possible to switch back to the previous article page by pressing the "Back" button of the browser or to cancel the entire operation by simply closing the entire browser window and then to call up the article page again. Corrections can be made using the usual keyboard and mouse functions in the corresponding input fields.
1.3 The establishment of contact and the establishment of contact after the conclusion of the contract usually take place by e-mail. The customer must ensure that the e-mail address he has provided for the order processing is correct, so that the e-mails sent by us can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by us or by us to third parties responsible for the execution of the contract can be delivered.
1.4. Before sending the order via the online shopping cart system of our shop, the contract data can be printed out via the printing function of the browser or secured electronically. Once we have received the order, the order data, the legally prescribed information for distance sales contracts and the general terms and conditions will be sent to you again by e-mail. We shall not make the text of the contract accessible beyond this. If, however, the customer has created a customer account in the online shop before sending his order, he can call up the order data free of charge and at any time via the password-protected customer account, specifying the corresponding login data, until the customer account is deleted. In addition, the text of the contract is stored by us for the duration of the statutory retention periods.
2. Scope
The content and scope of the service owed by ecotube depend on the service description given in the order form or in ecotube's offer (cf. section II. 1.1). ecotube or third parties commissioned by it to perform services are not obliged to perform services that go beyond the contractually owed performance.
3. Delivery and shipping
3.1. Goods are shipped to the delivery address specified by the customer. The transfer of risk is governed by the following section II. 4 of these general terms and conditions of business and delivery.
3.2. The delivery period for goods is agreed individually or specified by ecotube upon acceptance of the order. If a binding date has not been expressly agreed upon, ecotube does not guarantee a delivery period or a delivery date. If the customer is not present at the delivery date despite prior notification and has not communicated this immediately in advance, ecotube is entitled to demand from the customer all additional costs arising as a result, in particular for further delivery attempts or storage costs.
3.3. The customer is entitled to withdraw from the purchase if ecotube culpably fails to comply with a binding agreed deadline or if ecotube falls into arrears for another reason and the customer subsequently unsuccessfully set ecotube a reasonable grace period for obtaining the service.
3.4. ecotube is entitled to partial deliveries, if this is reasonable for the customer.
4. Transfer of risk
4.1. If the customer is an entrepreneur, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon delivery, upon purchase of the shipment, upon delivery of the goods to the forwarder, carrier or the person otherwise intended to carry out the shipment.
4.2. If the customer is a consumer, the risk of accidental loss or accidental deterioration of the goods sold shall only pass to the customer upon delivery of the goods, even when the goods are purchased for dispatch.
4.3. The delivery is the same if the customer is in default of acceptance.
5. Prices, payment and due dates
5.1. Only the prices in the respectively current price lists of ecotube apply, among others in the online shop at www.ecotube-home.de. Deviations to this require the separate individual agreement. All prices mentioned are in euros including the respectively applicable statutory value added tax plus the delivery and shipping costs also mentioned there (cf. section II. 5.2). Additional or special services are charged separately. In the case of cross-border delivery or service, the customer shall bear the applicable duties, fees and other charges.
5.2. Prices are ex-stock. This means that any transport costs have to be paid separately by the customer and are accordingly stated in the context of the ordering process before the conclusion of the contract and in the contract.
5.3. Payments must be made in advance (Paypal, EC card or credit card, Amazon Pay), in EUR each time. There is no discount deduction option.
Payment data is collected during the order process. For orders on our site you have the possibility to choose between different payment methods.
a. PayPal payment service
1. In the course of payment processing, we give your payment data to PayPal (Europe) S.à r.l. on payment via PayPal, credit card via PayPal, direct debit via PayPal or - if offered -"purchase on account"via PayPal. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as ‘PayPal’). PayPal reserves the right to carry out credit card payments via PayPal, direct debit via PayPal or - if offered - "purchase on account" via PayPal www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=de_DE#rAnnex.
2. PayPal uses the result of the credit check for the statistical probability of default for the purpose of deciding on the provision of the respective payment method. The credit report may contain probability values (so-called score values). Where score values are included in the credit assessment result, they are based on a scientifically recognized mathematical-statistical method. Among other things, address data are included in the calculation of the score values.
3. In addition, PayPal is entitled to pass on your data to known third parties (banks, e-service providers, service partners, but also auditors, analysis services, credit agencies, marketing partners, cloud service providers, retargeting providers, affiliates) and unnamed third parties (www.paypal.com/de/webapps/mpp/ua/third-parties-list).
4. For further data protection information, including information on the credit bureaus used, please refer to the PayPal data protection declaration: www.paypal.com/de/webapps/mpp/ua/privacy-full. The legal basis for this is Art. 6 para. 1 sentence 1 lit. b GDPR.
b. Payment service amazon pay
1. When paying via amazon pay, we primarily give your payment data to Amazon Payments Europe s.c.a. as part of payment processing, and secondarily from Amazon EU SARL, Amazon Services Europe SARL.
2. Amazon Payments reserves the right to provide credit information. The result of the credit assessment in relation to the statistical probability of default is used by Amazon Payments for the purpose of deciding on the provision of the respective payment method. The credit report may contain probability values (so-called score values). Where score values are included in the credit assessment result, they are based on a scientifically recognized mathematical-statistical method. Among other things, address data are included in the calculation of the score values.
3. In addition, Amazon Payments is entitled to pass on your data to unnamed third parties (banks, e-service providers, service partners, but also auditors, analysis services, credit agencies, marketing partners, cloud service providers, retargeting providers, affiliates).
4. For further data protection information, including information on the credit bureaus used, please refer to the Amazon Payments privacy policy: pay.amazon.com/de/help/201751600. The legal basis for this is Art. 6 para. 1 sentence 1 lit. b GDPR.
5.4. Returns and returns are sent to the following address:
EcoTube HOME & GARDEN GmbH,
Schwanthaler Strasse 12,
80336 Munich
6. Reservation of title
6.1. ecotube reserves the ownership of the delivered goods to consumers until the full payment of the purchase price is due. If the customer does not fulfill his contractual obligations, especially in the case of late payment, we are entitled to demand the delivered item back and the customer undertakes to return it and to make a replacement for a reasonable loss of value, if the purchased item can no longer be issued in the original state.
6.2. ecotube reserves the ownership of the delivered goods to entrepreneurs until all claims arising from an ongoing business relationship have been settled in full.
6.3. If the customer acts as entrepreneur, he is entitled to resell the reserved goods in the proper business operation. The customer assigns all resulting claims against third parties in advance to ecotube in the amount of the respective invoice value (including VAT). ecotube accepts this assignment. This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. ecotube's power to collect the claims itself remains unaffected. However, ecotube will not collect the receivables as long as the customer fulfills his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings is made.
7. Claims for defects
7.1. If the purchased item is defective, the provisions of the statutory liability for defects apply. By way of derogation:
7.2. For entrepreneurs
- in principle, an insignificant defect does not create any claims for defects;
- the seller has the choice of the type of supplementary performance;
- in the case of new goods, the limitation period for defects shall be one year from the transfer of risk;
- in the case of used goods, rights and claims due to defects are excluded in principle;
- the limitation period does not begin again if a replacement is delivered within the scope of liability for defects.
Insofar as the customer is a businessman, he must examine the goods immediately after delivery, as far as this is possible after regular business. If necessary, the item must also be subjected to a functional test. If a defect is found during the examination or function test, ecotube must be notified immediately. The customer has to handle the matter with the care of a proper merchant. Failure to notify shall preclude any liability for defects in the goods. The condition of the goods shall be deemed approved if ecotube does not receive a notice of defects within 14 days after delivery of the goods. Hidden defects which cannot be discovered within the aforementioned period may only be asserted against ecotube if the notification of defects has been received within one year after the delivery of the goods.
If the customer continues to sell the goods delivered by ecotube within the scope of his normal business operations, his claims for recourse under § 478 BGB remain - by way of derogation from the provisions under section II. 7.2-3.sub-item - unaffected.
7.3. For consumers, the limitation period for claims for defects in newly purchased goods shall be two years from the delivery of the goods to the customer and in the case of used goods one year from the delivery of the goods to the customer, with the limitation of the following paragraph.
If the customer acts as a consumer, he is asked to complain to the delivery party about obvious transport damage and to inform us of this immediately (by email is sufficient).
7.4. The above-specified limitations of liability (cf. also section II. 8) and shortening of the limitation period shall not apply
for damages arising from injury to life, body or health, which are due to a deliberate or negligent breach of duty by us or a deliberate or negligent breach of duty by a legal representative or vicarious agent of us,
for other damages, which are based on a deliberate or grossly negligent breach of duty by us or on a deliberate or grossly negligent breach of duty by a legal representative or vicarious agent of us, as well as
in the event that we have fraudulently concealed the defect.
7.5. The warranty does not extend to normal wear and tear.
7.6. The customer must describe defects as detailed as possible and notify ecotube in writing.
8. Liability
8.1. Claims of the customer for damages are excluded. This excludes claims for damages of the customer from injury to life, body, health, as well as liability for other damages which are based on a deliberate or grossly negligent breach of duty by ecotube, its legal representatives or vicarious agents. Furthermore, liability for the violation of obligations remains unaffected, the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly trust as well as in case of fraudulently concealed defects. In the event of a slightly negligent violation of these contractual obligations, ecotube shall only be liable for the foreseeable damage typical of the contract, unless it concerns claims for damages by the customer arising from a injury to life, body or health.
8.2. Paragraph 1 shall also apply in favor of ecotube's legal representatives and vicarious agents if claims are made directly against them.
8.3. The provisions of the Product Liability Act remain unaffected.
8.4. Liability for indirect or consequential damages, such as lost profits, unrealized savings, interruption of operation, claims of third parties as well as for consequential damages or damages resulting from data loss is excluded within the scope of legal possibilities.
8.5. ecotube shall only be liable - subject to compliance with the applicable legal regulations - for a demonstrable and adequately causal damage.
9. Service and Support
Customer inquiries (e.g. questions regarding operation, notification of technical faults etc.) are possible by e-mail and/or by telephone from Monday to Friday from 8:00 to 18:00. Requests are usually answered within two working days. However, the customer is not entitled to a reply within 2 days, unless this is done separately in writing between ecotube and the user
10. Performance/Force Majeure
Disabilities caused by force majeure or similar unforeseen events which are not the responsibility of either party shall entitle each party to defer the performance owed by it under this contract for the duration of the disability for as long as the temporary impossibility of fulfillment due to this situation persists, provided that a party receives notification of this from the other party within two weeks of the occurrence of force majeure. This does not apply to payments due under the respective contractual relationship.
11. Right of withdrawal
Consumers have a fourteen-day right of withdrawal when concluding a distance contract. A distance contract exists if the contract is concluded using only remote communication means - in particular by letter, telephone, e-mail or fax - or via the Internet (e.g. via our online shop).
The right of revocation is granted to you in accordance with the following revocation instructions:
11.1. Information on the existence of the right of withdrawal:
You have the right to cancel this contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the day on which you or a third party authorized by you, who is not a carrier, have taken possession of the goods. In the case of a contract for several goods which you have ordered within the scope of a uniform order and which are delivered separately, the withdrawal period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have taken possession of the last goods.
In order to exercise your right of withdrawal, you must contact us:
EcoTube HOME & GARDEN GmbH,
Schwanthaler Strasse 12,
80336 Munich,
Tel: +49 (0) 89-693100496,
Fax: +49 (0) 89-632030801
www.ecotube-home.de,
Email: info@ecotube-home.com
by means of a clear declaration (e.g. a letter sent by post, by fax or e-mail), of your decision to withdraw from this contract. You can do so under point II. 11.4 use a pre-formulated model withdrawal form, but this is not required. In order to safeguard the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
11.2. Consequences of the revocation:
If you effectively withdraw from this contract, we shall have to reimburse you all payments received from you, including delivery costs (except for the additional costs resulting from choosing a different type of delivery than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the date on which we received the notification of your withdrawal of this contract. We will use the same means of payment as you used in the original transaction for this repayment, unless otherwise expressly agreed with you; in no case will you be charged for this repayment. We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You only have to pay for a possible loss of value of the goods if this loss of value is due to a handling with you which is not necessary for checking the quality, properties and functioning of the goods. The collection of the goods by us or at our expense is only due if this has been agreed separately or - in accordance with the legal regulations - if this cannot be returned by mail.
11.3. Special notes/exclusion of the right of withdrawal:
When using or using other services, your right of revocation shall lapse prematurely if the contract is completely fulfilled by both parties at your express request or if we have provided our contractual service before you have exercised your right of revocation.
The right of withdrawal does not exist, however, in particular with contracts
for the supply of goods which are not prefabricated and for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
The right of revocation also expires prematurely in the case of contracts
for the supply of goods where, after delivery, they have been inseparably mixed with other goods by virtue of their nature;
11.4 Sample formulation for exercising the right of withdrawal for consumers
I/we hereby revoke (please delete as appropriate)
I/we (please delete as appropriate)
on (Please insert date)
with
EcoTube HOME & GARDEN GmbH,
Schwanthaler Strasse 12,
80336 Munich
concluded contract for the purchase of the following goods (Please add),
received on (Please add),
Order/invoice number (please add if available);
Name and address of the consumer(s) (Please add)
The refund of the payment should be made to the following account:
account holder (please add name, first name);
Account No: (Please add);
IBAN (Please add)
BLZ / BIC (Please add)
Place, date Signature of the consumer(s) (Please complete each)
12. Data protection
12.1. ecotube processes personal data of the customer for specific purposes and in accordance with the statutory provisions. The personal data provided for the purpose of the order (such as name, e-mail address, address, payment data) are used by ecotube to fulfill and process the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery and payment process. We require our employees to comply with the provisions of the Data Protection Act. For more information, see www.ecotube-home.de/Datenschutz.
12.2. The customer has the right to receive information on the personal data stored by ecotube about him free of charge upon request. In addition, he has the right to correct inaccurate data, block and delete his personal data, as far as no legal obligation to retain data is contrary. For more information, see www.ecotube-home.de.
12.3. ecotube obliges its employees to comply with the provision of the data protection law.
13. Dispute settlement procedures
The European Commission provides an online dispute resolution (ODR.) platform, which can be found at https://ec.europa.eu/consumers/odr/.
We do not take part in any dispute settlement proceedings before a consumer arbitration body within the meaning of the VSBG, in particular § 36 VSBG. There is no legal obligation to do so.
III. Final provisions
1. Language
Contracts are concluded and processed in German or English [MOU1] depending on the choice.
2. Choice of law
The laws of the Federal Republic of Germany shall apply to all legal relationships of the parties, excluding the laws on the international purchase of movable goods. Exceptions to this choice of law are consumers who are subject to mandatory consumer protection regulations in the country in which the customer is habitually resident. The application of the UN Sales Convention is excluded.
3. Place of jurisdiction
The place of performance and the place of jurisdiction for all disputes arising from the contractual relationship is our business location (Munich), if the contracting parties are merchants, legal persons under public law or special funds under public law.
4. Severability clause
Should individual provisions of this contract be or become invalid, the validity of the remaining provisions remains unaffected. The parties undertake to replace an invalid provision with an effective provision which comes closest to the economic sense of the invalid provision.