Terms and conditions


1. Scope

The following terms and conditions apply to all orders placed by consumers through our online store.

A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2. Contractual partner, conclusion of contract, correction options

The contract of sale is concluded with ENCARNITA Ltd., Initial Business Centre Wilson Business Park Office 620, Manchester M40 8WN, UK.

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained in the order process. By clicking the order button, you submit a binding offer for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent by email immediately after the order is sent.

We will accept your offer within two days, either

by sending a declaration of acceptance in a separate email or

by having the payment transaction carried out by our service provider or the selected payment service provider. The execution time of the payment transaction depends on the selected payment method (see 'Payment').

The relevant alternative for you depends on which of the listed events occurs first.

3. Delivery terms

Shipping costs may be added to the stated product prices. You can find more information about any shipping costs that may apply in the offers.

4. Payment

In our shop, the following payment methods are available:

Prepayment

If you choose the prepayment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.

5. Right of withdrawal

Consumers have the statutory right of withdrawal, as described in the cancellation policy.

6. Retention of title

The goods remain our property until full payment has been received.

7. Transport damage

The following applies: If goods are delivered with obvious transport damage, please report such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or to contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.

8. Warranties and guarantees

8.1 Right to claim for defects

Unless otherwise expressly agreed below, the statutory right to claim for defects shall apply.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

8.2 Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

9. Liability

We shall always have unlimited liability for claims due to damages caused by us, our legal representatives or agents,

• in the event of injury to life, limb or health,

• in the event of intentional or grossly negligent breach of duty,

• in the event of guarantee promises, insofar as agreed, or

• insofar as the scope of application of the Product Liability Act is established.

In the event of a breach of material contractual obligations, the fulfilment of which is essential to the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

In principle, the proper use of our products is assumed. We are not liable for incorrect use.

Otherwise, claims for damages are excluded.

10. Dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

11. Final provisions

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

12. Severability clause

Should individual provisions of this agreement be invalid, the remaining provisions shall remain valid.