General Terms and Conditions of ECONLUX GmbH
for services under www.econlux.petcare.de
1. Scope, power to amend, content of the contract, change of contractual partner
1.1 These General Terms and Conditions (GTC) apply to transactions of ECONLUX GmbH, Welserstrasse 5-7, 51149 Köln (Cologne), represented by the management, (hereinafter “ECONLUX”) with the contractual partners (hereinafter “Customer”).
1.2 ECONLUX offers customers (consumers and entrepreneurs) the opportunity to purchase goods. Consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or self-employed professional activity (Section 13 of the German Civil Code). Entrepreneur is a natural or legal person or a partnership with legal authority which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity (Section 14 (1) of the German Civil Code).
1.3 These General Terms and Conditions are an integral part of any contract concluded. The current version is available on the Internet at www.econlux.petcare.de/agb. The customer also has the option to print or save the GTC.
1.4 Deviating terms and conditions of the customer as well as changes and additions are only valid if they are accepted by ECONLUX. This also applies if the customer’s general terms and conditions have not been expressly contradicted.
1.5 ECONLUX may change the GTC at any time without giving reasons, even with effect for an existing contractual relationship. ECONLUX will inform the customer of any changes in text form (email) at least 14 working days before the entry into force. The customer’s consent shall be deemed to have been given if he has not indicated his rejection within 14 days of the notice of the changes. ECONLUX will draw his attention to this approval effect separately. Should a change change the services or deviate from the content, the desired adaptation must be reasonable considering the interests of the customer.
1.6 ECONLUX may transfer its rights and/or obligations arising from the contractual relationship to one or more third parties (contract and/or debt assumption, assignment). In the event of the acceptance of the contract and/or the debt, the customer has the right to detach himself from the contract.
1.7 In the context of the processing of the e-commerce shop system and payment transactions, ECONLUX cooperates with the online payment service PayPal and PayPal Plus as well as with the Association of German Electrical Technicians (VDE). In this respect, the applicable terms of use shall apply in addition.
1.8 In terms of interpretation, the German version of these Terms is relevant.
2. Contract offer and conclusion of contract
2.1 Any presentations and other service descriptions, under the website www.econlux.petcare.de/ are subject to change.
2.2.1 The adult (from the age of 18) customer may submit an offer to conclude a contract for the service heis seeking. To do this, it can provide the following information:
- First and last name,
- Date of birth
- Address (street, city, postcode),
- Email address and phone number,
- Payment details (transfer, PayPal, PayPal Plus)
- Delivery type and information,
and make an offer to conclude a contract by clicking on the button “liable to pay. The required data shall be provided full and truthfully.
2.2.2 For the benefit of the customer, it is also possible to visit www.econlux.petcare.de and create a free account as a registered customer. With the registration, the customer has to choose a password for access to the customer area. The password should consist of an alphanumeric combination of numbers and letters and at least 6 characters. – Without prejudice to point 2.8 of the GTC, the customer is obliged to keep the password secret for an unlimited period of time.
2.3 Before submitting the order declaration, the customer has the possibility to check, change or correct all information again, to detect or correct entry errors in particular (order overview).
2.4 A contract only comes into being if ECONLUX has accepted the customer’s offer without reservation or begins with the duties owed (e.g. sending the goods). In the latter case, the customer waives access to the declaration of acceptance.
2.5 After the customer has given up his contract offer, he receives a technical confirmation of receipt in text form (by e-mail message). This acceptance notification does not constitute a declaration of acceptance in accordance with 2.4.
2.6 The customer’s specific order data (2.2) is stored at ECONLUX. The customer can contact ECONLUX customer service via a contact form (https://www.zoomonster.com/contact-form) to change the address or payment method, for example.
2.7 Immediately after the conclusion of the contract, the customer receives a separate order confirmation on a durable medium (e-mail message) in which the contents of the contract are reproduced.
2.8 ECONLUX must immediately be notified of all facts essential for the business relationship, in particular changes to the name, address,counter-account, the customer’s ability to instantiate or commit, as well as announced powers of representation or disposition (in particular) contact person). If the customer fails to notify the change of his contractual data culpably, he must bear the costs for the determination of the data necessary for the execution of the contractual relationship.
3. Right of withdrawal and cost-bearing
3.1 Consumers (see point 1.2 sentence 2) are free to revoke the declaration of contract in accordance with the conditions laid down in the revocation instruction see point 3.3 (or seeable under https://www.zoomonster.com/widerrufsbelehrung).
3.2 In the event of revocation, the customer shall bear the direct costs of the return.
3.3 Revocation instruction
Cancellation
www.econlux.petcare.de
Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (ECONLUX GmbH, Industriestrasse 154, 50996 Cologne, phone: 02236336330, e-mail: info@econlux.de) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached model withdrawal form, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undisclosed and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment.
We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have the goods to us or Econlux GmbH, Industriestrasse 154, 50996 Cologne, at the latest within fourteen days from the day on which you inform us of the revocation of this contract. to be returned or handed over. The deadline is met if you send the goods before the expiry of the period of fourteen days.
3.4 Unless otherwise agreed, the right of withdrawal does not apply to those of § 312g Paragraph 2 No. 1- 13, Paragraph 3 BGB.
4. Prices, Delivery, Shipping Costs and Terms of Payment
4.1 Unless expressly agreed otherwise in individual cases, the prices and delivery conditions for entrepreneurs (see 1.2 sentence 3) of ECONLUX “ex works” are the registered office of ECONLUX as a contractor (EXW according to Incoterms 2010) without packaging. If ECONLUX has agreed with the customer to deliver the goods(s) by way of derogation, the risk shall pass to the customer even in the case of freight-free delivery upon handover to the first carrier.
4.2 Delivery periods to customers who are entrepreneurs (see 1.2 sentence 3) are only binding on ECONLUX if these have been expressly agreed in writing. The occurrence of ECONLUX’s delay in relation to the customer shall be determined in accordance with the statutory provisions, provided that the customer undertakes to request ECONLUX for delivery first and to set a reasonable grace period for the delivery.
Should it not be possible for ECONLUX to maintain a delivery period agreed in writing with the entrepreneur as customer for reasons not attributable to ECONLUX, ECONLUX will immediately inform the customer of this in writing and determine a new delivery period appropriate to the circumstances after the circumstances.
4.3. If the customer, who is the entrepreneur, does not accept individual or all delivery or partial deliveries, he shall be in default of acceptance without further reminder.
4.4 The remuneration owed by the customer is determined according to the price information of ECONLUX valid at the time of conclusion of the contract. For the prices quoted, the final price is already VAT. Other price components are marked separately.
4.5 ECONLUX is entitled to make partial deliveries if this is reasonable for the customer in individual cases.
4.6 For delivery up to a value of EUR 45,- the customer pays as a consumer, unless otherwise stipulated in these conditions, a shipping fee of 6.95 euros including VAT. For deliveries of goods with a value of more than 45,- Euro, the seller does not charge a flat-rate shipping fee.
4.7 In the case of contracts with consumers, delivery to the shipping company shall take place no later than two days after receipt of the money. Delivery takes place within the working days indicated on the respective item details page (Monday to Friday, excluding public holidays). When ordering several items, the latest delivery time of the items in the shopping cart is decisive for the calculation.
4.8 ECONLUX, unless otherwise stipulated in these Terms, offers delivery to the following countries as listed here on the page “Shippin & Payment”.
4.9 The shipping costs for deliveries abroad are also listed on the page “Shippin & Payment”.
Additional delivery and shipping costs as well as delivery restrictions are specified by ECONLUX in detail before the conclusion of the contract.
4.10 Unless otherwise agreed in individual cases, the following payment terms apply:
ECONLUX will send the customer an invoice for the services provided by the contract. The customer is allowed to pay via prepayment by bank transfer or PayPal (info@econlux.de).
Registered commercial customers (entrepreneurs – cf. 1.2 sentence 3) are also entitled to pay on account.
In this case, the receivables with accounting are due and payable, unless ECONLUX shows a separate payment period in the invoice. If the customer does not act within 14 days after receipt of the invoice or not within the payment period indicated in the invoice or if the customer does not pay within a otherwise agreed payment term, he shall be in default without further reminder in accordance with Section 286 (2) No. 1 or 2 of the German Civil Code (BGB), with the result that interest is due in accordance with Section 288 of the German Civil Code (BGB).
If the customer is in default with his payment obligations, ECONLUX will charge a reminder fee for each reminder (in the amount of at least €3.00). ECONLUX reserves the right to claim further damage caused by delay.
5. Retention of title
5.1 ECONLUX reserves the title to the delivered goods until full payment by the customer. If the customer is an entrepreneur (see 1.2 sentence 3), ECONLUX reserves the title to the property until all outstanding claims arising from the business relationship have been severed. If the realisable value of the securities exceeds the total claims to be secured by more than 20%, the customer is entitled to demand release in this respect.
5.2 In the event of attachments or other impairments of the retention of title/rights by third parties, the customer is obliged to immediately point out the retention of title and the property/rights of ECONLUX. In addition, the customer is obliged to inform ECONLUX immediately, stating the facts, and to inform it in writing upon request. The customer will also inform ECONLUX of the name of the third party or third parties who make an attachment to property or receivables or cause other impairments in such a way that ECONLUX is able to safeguard its legal interests vis-a-vis the third party. The customer bears the indebted costs of defending such access.
5.3 The Customer is obliged to treat the property of ECONLUX with care. The customer, who is the entrepreneur (cf. 1.2 sentence 3), is obliged to insure the purchased item at his own expense against theft, fire and water damage sufficiently at the new value. If maintenance and inspection work has to be carried out, the buyer must carry them out on time at his own expense.
5.4 The buyer who is an entrepreneur is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer already assigns the claim arising from the resale of the retention protection(s) in the amount of the final invoice amount agreed with ECONLUX (including any applicable VAT). This assignment applies regardless of whether the purchased item has been resold without or after processing. The buyer remains authorized to collect the claim even after the assignment. ECONLUX’s power to collect the claim itself remains unaffected. However, ECONLUX declares that it will not collect the claim as long as the customer fulfils his payment obligations from the collected proceeds, is not in default of payment and, in particular, no application has been filed for the opening of insolvency proceedings or payment has been discontinued.
5.5 The processing and processing or conversion of the purchased item by the customer is always carried out on behalf of and on behalf of ECONLUX. In these cases, the customer’s right of entitlement to the re-formed case continues. Insofar as the purchased item is processed with other items not owned by ECONLUX, ECONLUX acquires co-ownership of the new item in proportion to the objective value of the purchased item to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing takes place in such a way that the customer’s item is to be regarded as the main thing, it is deemed agreed that the customer shall transfer co-ownership to us on a pro rata basis and shall retain the resulting sole ownership or co-ownership for ECONLUX. In order to secure the claim of ECONLUX’s claim against the customer, the customer also assigns such claims to ECONLUX, which arise from him by combining the reserved goods with a property against a third party.
6. Delivery and warranty
6.1 If goods are delivered with obvious transport damage, ECONLUX asks the customer to complain to the delivery company as far as possible and to inform ECONLUX. Failure to make a complaint or contact has no consequences for the customer’s statutory warranty rights, with the exception that the customer is an entrepreneur (see 1.2 sentence 3 or Section 377 of the German Commercial Code; it nevertheless makes it possible for ECONLUX to assert claims against the carrier or the transport insurance company.
6.2 The warranty is governed by the statutory provisions, unless ECONLUX provides a longer warranty for individual products.
6.3 Guaranteed properties or warranties (in other words about the quality and/or durability) are only those that are expressly designated as such. The customer is informed about the existence. The assurance is valid until the end of the warranty period at the longest.
6.4 A special purpose, or a special suitability for use, shall only be deemed to have been agreed if an express written agreement has been made between ECONLUX and the customer. A property assurance by ECONLUX requires written form. A mere reference to technical standards merely implies a more detailed description of the product and does not constitute an agreement on the suitability of the goods which goes beyond the usual possibility of use.
6.5 As long as and insofar as a defect has been complained of by the customer, the customer is not entitled to process the goods without the express consent of ECONLUX. Should further processing nevertheless take place, all claims arising as a result of further processing are excluded.
6.6 ECONLUX may claim compensation for expenses for the investigation and/or elimination of a non-existing lack of performance or a lack of performance, which is based on circumstances for which the customer is responsible.
7. Technical changes
7.1 Technical changes to the products sold by ECONLUX, which are value-enhancing or enhancer of value and do not cause any functional restriction, are reserved until delivery.
7.2 Unless expressly agreed otherwise, ECONLUX is entitled to determine technical performance characteristics or dimensions in deliveries in compliance with commercially applicable tolerance values. The inclusion of such commercially available tolerance values shall be deemed to have been agreed.
8. Technical information of the customer
8.1 As long as and insofar as the production and/or delivery of the products ordered by the customer is based on information, such as technical information of the customer, ECONLUX is not obliged to check this technical information for correctness. ECONLUX is entitled to use technical information or product descriptions as well as product characteristics submitted to ECONLUX by the customer for the production and delivery of the contract products. A basis does not constitute a breach of ECONLUX’ obligation.
8.2 The products sold by ECONLUX comply with the specifications of the respective product data sheets. ECONLUX does not make any further assurances and/or suitive uses.
9. Liability
9.1 ECONLUX shall be liable, for whatever legal reason, for damages or compensation of futile expenses in full only for damages of the customer due to intentional or grossly negligent conduct, fraudulent concealment of a defect, in the case of the assumption of express guarantees as well as assured properties of the quality and/or durability, in the event of damage resulting from injury to life, body or health, for claims arising from product liability as well as in the case of mandatory legal regulations.
9.2 In the event of negligent breach of essential contractual obligations (cardinal obligations), ECONLUX shall be liable – without prejudice to the cases mentioned in 7.1 – only to the damage typical of the contract, reasonably foreseeable at the time of conclusion of the contract. Cardinal obligations are obligations the fulfilment of which enables the proper execution of the contract in the first place, the violation of which jeopardises the achievement of the purpose of the contract and on whose compliance the contractual partner may regularly rely.
9.3 Multiple claims of the same cause of damage are considered to be a damage event (continued context; unit).
9.4 Furthermore, ECONLUX’s liability for property and financial damage is excluded. To the extent applicable, legally binding liability regulations remain unaffected.
9.5 Insofar ECONLUX’s liability towards the customer is limited or excluded, this shall apply accordingly to legal representatives, employees, freelancers and other vicarious agents of ECONLUX.
10. Uncertainty
10.1 ECONLUX is entitled to refuse performance if it becomes apparent after the conclusion of the contract that ECONLUX’s claim to the consideration is endangered by the customer’s inefficiency. This right to refuse performance does not apply if the consideration is effected or a security is provided for it.
11. Confidentiality, confidentiality, data protection and references
11.1 Confidential information may not be disclosed by the receiving Party to third parties without the prior written consent of the other Party, unless this is necessary due to mandatory applicable legal framework conditions or judicial or regulatory orders and the receiving Party has immediately informed the other Party of the respective obligation in writing or the confidential information is made available to the consultants of the receiving Party in connection with the interpretation or execution of the contractual documents or a resulting dispute and the adviser has previously committed himself in writing to the receiving Party to confidentiality or is already obliged to maintain confidentiality or is obliged by professional to maintain.
Confidential information of ECONLUX or documents and data prepared on behalf of ECONLUX, the customer must destroy or delete after termination of the contract, unless this is precluded by legal retention obligations. The customer confirms to ECONLUX within thirty (30) calendar days after the termination of an individual contract that he has fulfilled the above obligations.
11.2 The customer and ECONLUX undertake to treat all confidential information and trade secrets of the other contracting party, which the other contracting party makes available to the other party on the basis of the initiation and fulfilment of the contract, indefinitely confidential and to use them only within the scope of the agreed purpose and to comply with the applicable provisions of data protection and data security.
11.3 Confidential information may not be processed by the customer by
- unauthorized access to, unauthorized appropriation or copying of the information carriers containing the confidential information or from which the confidential information can be derived, or
- any other conduct that, in the circumstances, does not comply with the principle of good faith, taking into account decent market practice;
- an observation, investigation, dismantling or testing of a product or object which has been made publicly available or is in the possession of the observer, investigator, dismantler or tester (prohibition of decryption).
11.4 The customer is aware that ECONLUX cooperates with financing partners/third parties. The contractual data can therefore be used for specific purposes (also for obtaining credit ratings) to the financing partners. The customer can obtain a self-information about his data stored there from the information agencies. The addresses or contact details of the information agencies are provided to the customer upon request.
11.5 ECONLUX expressly reminds the customer that data protection for data transmission in open networks, such as the Internet, cannot be fully guaranteed according to the current state of the art. The customer knows that ECONLUX may be able to view customer data at any time from a technical point of view. Third parties may also be technically able to interfere with network security and to incorporate data traffic. The customer is fully responsible for the security and security of the stored data, unless ECONLUX has taken over these services for the customer.
11.6 If the customer collects, processes or uses personal data, he is responsible for ensuring that this is done in accordance with the data protection law and inthe event of a breach, infreeing ECONLUX from claims of third parties.
11.7 The customer grants ECONLUX an unlimited revocable right, the name and company logo of the customer as well as a brief description of the contractual relations, as a reference object and in compliance with confidentiality/data protection in any publications (in particular) brochures and websites) of ECONLUX.
12. Intellectual property
12.1 As long as ECONLUX has provided the customer with drawings, samples, models or the like or that they have been made in accordance with the customer’s specifications, ECONLUX shall be regarded as the author.
12.2 As long as ECONLUX is provided by the customer to models, sketches, planning documents or the like, the customer assures upon handover that he is the author or has the necessary rights for the transfer. As long as ECONLUX is nevertheless claimed by third parties for a violation of an industrial property right or copyright, the customer undertakes to infringe ECONLUX from all claims. In such a case, the customer also undertakes to reimburse ECONLUX for all costs and damages arising from the use of the third party due to a supposedly infringed property right. In particular, however, this does not include exclusively the legal defence costs incurred by ECONLUX.
13. Final provisions
13.1 Changes or additions to the terms and conditions must be made in writing. If ECONLUX does not insist on full and/or partial compliance with or compliance with any of the terms or conditions of these Terms and Conditions and the Supplementary Regulations, this shall not be construed as acknowledgment of the act of infringement or waiver of any future application of the relevant condition, provision, option, right of law or remedy.
13.2 The customer can only offset ECONLUX against claims for remuneration against claims for remuneration with claims that have been legally established or expressly recognised in writing by ECONLUX.
13.3 The customer is only entitled to exercise a right of retention in so far as a counterclaim derives from the same contractual relationship. In addition, the exercise of a right of retention is only possible with legally established claims or expressly acknowledged in writing by ECONLUX.
13.3 The assignment or pledging of the customer against the claims or rights to which eCONLUX is entitled to is excluded without the consent of ECONLUX.
13.4 The law of the Federal Republic of Germany shall apply exclusively to the exclusion of private international law (in particular the United Nations Convention on Contracts for the International Sale of Goods, CISG or Conflict of Laws, IPR).
Place of performance (as well as place of jurisdiction in the event that the customer is an entrepreneur in accordance with 1.2 sentence 3, legal entities under public law or special funds under public law) for all disputes arising out of or in connection with this contract is the registered office of ECONLUX. ECONLUX is also entitled to sue the customer at its general place of jurisdiction. Any exclusive place of jurisdiction remains unaffected.
13.5 The nullity, unenforceability or ineffectiveness of individual provisions of the Terms, even if these are subsequently incorporated or regulated in an addendum, shall not affect the validity of the remaining terms and conditions. Instead of the invalid, void or unenforceable condition, a condition shall be deemed to have been agreed which, as far as legally possible, comes closest to what is economically desired according to the meaning and purpose of the ineffective, void or unenforceable conditions. The same applies to unintended regulatory gaps; in such a case, a condition which comes closest to what would have been governed by the meaning and purpose of the present contract if the parties had known of the loophole shall be deemed to have been agreed; or a condition should be ineffective with respect to a period of time or a specified behavior.