Our esperta GmbH AGBs for our customers to clarify the way of how to do business with us
Terms of Service
1.1 For all business relationships between us (esperta GmbH) and you as the customer, regardless of whether you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), an entrepreneur within the meaning of Section 14 of the German Civil Code or a businessman under the German Commercial Code (HGB), the following General Terms and Conditions (GTC) apply in the version valid at the time of the order. You can find the current status of the General Terms and Conditions online at https://www.esperta.de or receive them on request.
1.2 We do not recognize any conflicting, supplementary or deviating terms and conditions of the customer and contradict them.
2. Conclusion of contract
2.1 The product presentations in the online shop do not represent a legally binding offer to conclude a purchase contract. Rather, it is a non-binding invitation to submit offers to conclude a contract. Errors and changes in the presentation of goods are reserved. Product illustrations are exemplary illustrations and may differ slightly from the delivered products (especially in colour, size, dimensions, etc.).
2.2 To conclude a purchase contract in the online shop, first place items in your shopping cart via the product description or by entering item numbers. Then enter the data required for the order or your customer number, which you can check on the order overview and correct in the input fields or by changing the input in your browser. By clicking the "Buy now" button, you accept the inclusion of the terms and conditions and submit a binding purchase offer for the goods contained in the shopping cart. Immediately after receipt of the purchase offer, you will receive an automatically generated e-mail in which we confirm that we have received your order (order confirmation). This order confirmation does not represent acceptance of your purchase offer. A contract is not yet concluded through the order confirmation.
2.3 You can also submit your binding offer by telephone, fax, email, post or online contact form.
2.4 Orders that have been submitted more than once – for whatever reason – must be clearly marked, otherwise the services will be carried out repeatedly. In such cases, we will not bear any costs.
2.5 We can accept your offer within five days by sending you an order confirmation, by delivering the ordered goods to you or by asking you to pay after placing the order. You are bound to your offer for this period, whereby your statutory right of revocation, which may exist under Section 5 of these General Terms and Conditions, remains unaffected.
2.6 Orders and deliveries are generally possible in the countries that can currently be selected in the country selection of our online shop, provided there are no legal regulations to the contrary. If you would like delivery to another country, we will be happy to try to help you further.
2.7 Contract language is German. In addition to German, you can also use English in the online shop to conclude a contract.
2.8. The contents of the contract result from the order or order confirmation. The contents of the contract are saved by us and cannot be viewed again.
2.9 If you are an entrepreneur, we reserve the right to prior sale.
Online shop prices at the time of the order apply to the delivery . The prices shown in the online shop with private customer status include statutory VAT. In the event of any increases in VAT, we are obliged to disclose the VAT at the time the service is provided and will charge this to entrepreneurs. For deliveries to customers in some European countries, esperta is obliged to calculate the country-specific VAT rate. The VAT rates contained in the prices shown in the online shop correspond, if required by law, to those of the country preselected in the shop.
3.2 All prices do not include shipping costs. The shipping costs are determined and displayed in the online shop depending on the weight of the parcels and the recipient country. The shipping flat rates per country and weight are listed online at: https://www.esperta.de .
3.3 In the case of deliveries and returns, e.g. in accordance with Section 5, additional costs may arise in individual cases in countries outside the European Union, which we are not responsible for and which you must bear (e.g. customs duties).
3.4 Promotional offers in our shop may be limited in time or quantity. Details can be found in the offer description.
4. Terms of Payment
4.1 Payment methods:
The payment options depending on the country can be viewed online at https://www.esperta.de . In this regard, additional payment and usage conditions of the respective payment service providers may apply.
4.2 If we have given you the option of paying on account, our invoices are payable immediately and without deductions, subject to other agreements.
4.3 You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed. You are also entitled to set off against our claims if you assert complaints or counterclaims from the same purchase contract.
4.4 You may only exercise a right of retention if your counterclaim stems from the same purchase contract.
5. Consumer's Right of Withdrawal
5.1 Consumers have a statutory right of withdrawal.
5.2 Cancellation policy
Right of cancellation You have the right to cancel this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods or In order to exercise your right of withdrawal, you must send us (esperta GmbH ∙ Noackstraße 1c ∙ D-82152 Planegg ∙ E-Mail: firstname.lastname@example.org) a clear statement (e.g. B. a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we will owe you all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from the fact that you choose a different type of delivery than the cheapest one offered by us have chosen standard delivery) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have sent back the goods, whichever is 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 cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, properties and functioning of the goods.
Financed transactions If you finance this contract with a loan and later revoke it, you are no longer bound by the loan contract, provided that both contracts form an economic unit. This is to be assumed in particular if we are your lender at the same time or if your lender uses our cooperation with regard to the financing. If we have already received the loan when the revocation takes effect, your lender shall assume our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation. Sample cancellation
form (If you want to cancel the contract, please fill out this form and send it back.) a) To esperta GmbH ∙ Noackstraße 1c ∙ D-82152 Planegg ∙ Germany ∙ E-Mail: email@example.com
b) I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*) _________________________________________________________________
Ordered on (*) / received on (*)_________________________________________________________________
d) Name of consumer(s)_________________________________________________________________
e) Address of consumer(s)_________________________________________________________________
f) Signature of consumer(s) (only if notification is on paper) _________________________________________________________________
g) Date ________________________(*) Delete where not applicable.
5.3 The right of withdrawal does not apply to contracts
a) for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. b) for the delivery of goods that can spoil quickly or whose use-by date would soon be exceeded.
5.4 The right of withdrawal expires prematurely in the case of contracts
a) for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed.b) for the delivery of goods if these after delivery due to their nature inseparably mixed with other goods. c) for the supply of sound or video recordings or computer software in a sealed package if the seal has been broken after delivery.
6. Terms of delivery and ability to deliver
6.1 We are entitled to make partial deliveries if this is reasonable for you. If we make partial deliveries without you asking us to do so, we will not charge a new transport flat rate for these additional deliveries.
6.2 The delivery period is approximately five working days, unless otherwise agreed. The delivery period begins with the conclusion of the contract or, if prepayment has been agreed, with the payment credit (purchase price plus VAT and shipping costs). We will inform you immediately of any delivery delays. In mail-order sales, we only owe the timely, proper delivery of the goods to the transport company and are not responsible for delays caused by the transport company. The legal transfer of risk during shipment remains unaffected by this regulation.
6.3 Delivery is subject to self-delivery. We are not to blame for a delay in delivery or a failure to deliver if we have already concluded a corresponding hedging transaction with our reliable suppliers at the time the offer was accepted and we ourselves are not supplied on time or at all through no fault of our own. We will inform you immediately of any delays or non-delivery. In the event of a delivery failure, we are also entitled to withdraw from the contract. With the declaration of withdrawal, we undertake to you to immediately repay any consideration received.
6.4 If you are a consumer, we ask you to examine the goods for transport damage immediately upon receipt and to report this to the delivery service and to us. This investigation and reporting is essential to asserting our claims against the delivery service, but failure to do so will not affect your warranty rights.
7. Retention of Title
7.1 The goods remain our property until full payment.
7.2 As an entrepreneur, you are entitled to resell the goods in the normal course of business . In this case, you assign any claims against the recipient of your services resulting from the resale to us. You are entitled to collect these claims until we withdraw your consent (so-called extended retention of title).
7.3 If you are an entrepreneur, our retention of title also extends to goods delivered under retention of title (goods subject to retention of title) from other sales contracts of the business relationship until all claims have been settled (so-called extended retention of title).
7.4 If the value of the reserved goods and/or assigned claims exceeds the value of the secured purchase price claims by more than 20%, you are entitled to demand that we release reserved goods or claims up to this value limit. We are entitled to determine the goods or claims to be released.
8.2 Product names, logos and images may be the property of third parties and may not be used without permission.
9.1 Consumers are entitled to the statutory warranty claims.
9.2 If you are an entrepreneur, in the event of a defect we shall, at our discretion, carry out supplementary performance by means of a replacement delivery or rectification. We are entitled to make the supplementary performance owed dependent on you paying the purchase price due. However, you are entitled to retain a part of the purchase price that is reasonable in relation to the defect.
9.3 If you are an entrepreneur, the warranty period, within which defects of quality and title must become apparent in order for us to be liable, is one year from delivery of the goods. This limitation does not apply to claims for damages under the Product Liability Act, due to fraudulently concealed defects, quality guarantees, injury to life, limb or health or due to intentional or grossly negligent breaches of duty by us or our vicarious agents, which are time-barred in accordance with the statutory provisions.
10.1 Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb, health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents . Cardinal obligations are those whose fulfillment is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely.
10.2 In the event of a breach of cardinal obligations, we shall only be liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the customer is concerned with claims for damages resulting from injury to life, limb or health.
10.3 The restrictions of paragraphs 1 and 2 also apply to our legal representatives and vicarious agents if claims are asserted directly against them.
10.4 The limitations of liability resulting from paragraphs 1 and 2 do not apply if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item. The same applies if we have made an agreement with you about the nature of the item. The provisions of the Product Liability Act also remain unaffected.
11. Export Control, Embargo Provisions
Certain products of US origin that we sell may be subject to US, European and German export restrictions. As the customer, you undertake to comply with all applicable export conditions, restrictions and regulations of the USA, Germany and/or foreign administrations or authorities. You further agree that you will not sell these products, directly or indirectly, to countries subject to trade embargoes or to companies and persons denied in the US Persons List or similar lists. You have a legal obligation to notify all recipients of these products of the need to comply with those laws and regulations.
12. Governing Law, Venue, and Consumer Dispute Resolution
12.1 If you are an entrepreneur, the place of performance for all mutual services owed under the contract is Sande.
12.2 German law applies to the exclusion of the UN Sales Convention. This regulation applies to consumers, subject to the mandatory legal provisions of the country in which you have your habitual residence and from where you concluded the contract. The regulations according to Section 5 and the choice of law do not apply with regard to the right of withdrawal for consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
12.3 If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for any disputes arising from the business relationship between us is Sande. We are also entitled to sue at your registered office. Mandatory legal provisions on exclusive places of jurisdiction remain unaffected by this regulation.
12.4 The EU Commission provides consumers with a platform for out-of-court dispute resolution, which you can find at https://ec.europa.eu/consumers/odr/ . We are neither willing nor obliged to participate in a consumer dispute settlement procedure. However, in the event of any differences of opinion arising from our contract with you as the customer, it is always our aim to settle these directly with you, quickly and amicably. We offer an in-house arbitration solution for this - please contact us at firstname.lastname@example.org .
12.5 If individual provisions of these General Terms and Conditions are not legally effective in whole or in part, the validity of these General Terms and Conditions shall remain unaffected.
Address for summons:
Phone: +49 89 606085-0
Geschäftsführer: Frank Mayer
Sitz der Gesellschaft: Planegg
Handelsregister München: HRB 282586
USt-IdNr: DE335865173 ∙ St.-Nr.: 29/280/30959