General Terms and Conditions

1. Scope, Right to Amend, Contractual Content, Change of Contractual Partner

1.1 These General Terms and Conditions (GTC) apply to transactions between ECONLUX GmbH, Welserstraße 5-7, 51149 Cologne, represented by the management (hereinafter “ECONLUX”) and the contracting parties (hereinafter “Customer”).

1.2 ECONLUX offers customers (consumers and business customers) the opportunity to purchase goods. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity (Section 13 of the German Civil Code (BGB)). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the course of their commercial or self-employed professional activity (Section 14(1) of the German Civil Code (BGB)).

1.3 These General Terms and Conditions form an integral part of every contract concluded. The currently valid version is available online at petcare.econlux.de/agb. The customer also has the option of printing or saving the General Terms and Conditions.

1.4 Any deviating terms and conditions of the customer, as well as amendments and additions, shall only be valid insofar as they have been accepted by ECONLUX. This shall also apply if the customer’s terms and conditions have not been expressly rejected.

1.5 ECONLUX may amend these Terms and Conditions at any time without giving reasons, including with effect for an existing contractual relationship. ECONLUX shall notify the customer of any amendments in writing (by email) at least 14 working days before they come into force. The customer’s consent shall be deemed to have been given if they have not notified ECONLUX of their objection within 14 days of being informed of the amendments. ECONLUX shall draw the customer’s attention to this effect of approval separately. Should an amendment alter the services or deviate from the content, the intended adjustment must be reasonable, taking into account the customer’s interests.

1.6 ECONLUX may transfer its rights and/or obligations arising from the contractual relationship to one or more third parties (assumption of contract and/or debt, assignment) . In the event of a contract and/or debt assumption, the customer is entitled to withdraw from the contract.

1.7 In the context of operating the e-commerce shop system and handling payment transactions, ECONLUX cooperates on a division-of-labour basis with the online payment services PayPal and PayPal Plus, as well as with the Association of German Electrical Engineers (VDE). In this respect, the applicable terms of use shall apply in addition.

2. Offer to Contract and Conclusion of Contract

2.1 All presentations and other service descriptions, in particular those on the website petcare.econlux.de, are subject to change without notice.

2.2.1 Customers of legal age (aged 18 or over) may submit an offer to conclude a contract for the service they wish to purchase. To do so, after entering the required minimum registration details:

• First name and surname,
• Date of birth,
• Address (street, town, postcode),
• Email address and telephone number,
• Payment details (bank transfer, PayPal, PayPal Plus)
• Delivery method and information

submit an offer to conclude a contract by clicking the “Place order” button. The required data must be provided in full and truthfully.

2.2.2 Customers also have the option of creating a free account on petcare.econlux.de as a registered customer. Upon registration, the customer must choose a password to access the customer area. The password should consist of an alphanumeric combination of numbers and letters and be at least 6 characters long. The customer is obliged – notwithstanding clause 2.8 of the Terms and Conditions – to keep the password confidential for an indefinite period.

2.3 Before submitting the order, the customer has the opportunity to review, amend or correct all details once again, in particular to identify and rectify any input errors (order summary).

2.4 A contract is only concluded once ECONLUX has accepted the customer’s offer without reservation or has commenced the necessary performance (e.g. dispatch of the goods). In the latter case, the customer waives the right to receive a declaration of acceptance.

2.5 After submitting their contractual offer, the customer receives a technical confirmation of receipt in text form (via email). This confirmation of receipt of the offer does not yet constitute a declaration of acceptance in accordance with 2.4.

2.6 The customer’s specific order details (2.2) are stored by ECONLUX. The customer may contact ECONLUX’s customer service via a contact form (petcare.econlux.de/kontakt) to, for example, change their address or payment method.

2.7 Immediately after the conclusion of the contract, the customer shall receive a separate order confirmation on a durable medium (email message), setting out the terms of the contract.

2.8 ECONLUX must be notified immediately of any facts material to the business relationship, in particular changes to the customer’s name, address, counter-account, capacity to dispose of assets or to enter into obligations, or to the persons authorised to represent the customer, as well as any powers of representation or disposal that have been notified (in particular contact persons). If the customer culpably fails to notify ECONLUX of changes to their contractual details, they shall bear the costs of ascertaining the data necessary for the performance of the contractual relationship.

3. Right of withdrawal and bearing of costs

3.1 Consumers (see point 1.2, sentence 2) are free to withdraw from the contract in accordance with the conditions set out in the cancellation policy (see 3.3 or available at https://petcare.econlux.de/widerrufsbelehrung).

3.2 In the event of withdrawal, the customer shall bear the direct costs of returning the goods.

3.3 Cancellation policy

3.4 Unless otherwise agreed, the right of withdrawal does not apply to contracts described in Section 312g(2) Nos. 1–13 and (3) of the German Civil Code (BGB).

4. Prices, Delivery, Shipping Costs and Terms of Payment

4.1 Unless expressly agreed otherwise in individual cases, prices and delivery terms for business customers (see 1.2, sentence 3) from ECONLUX are quoted “ex works” from ECONLUX’s registered office as the contractor (EXW according to Incoterms 2010), excluding packaging. If ECONLUX has agreed with the customer on a different method of delivery, the risk shall pass to the customer upon handover to the first carrier, even in the case of carriage paid delivery.

4.2 Delivery deadlines for customers who are business customers (see 1.2, sentence 3) are only binding on ECONLUX if they have been expressly agreed in writing. The occurrence of default on the part of ECONLUX vis-à-vis the customer shall be determined in accordance with the statutory provisions, provided that the customer undertakes to first request delivery from ECONLUX and to set a reasonable grace period for delivery.

Should ECONLUX, in individual cases, be unable to meet a delivery deadline agreed in writing with the business customer for reasons for which ECONLUX is not responsible, ECONLUX shall inform the customer of this in writing without delay and set a new delivery deadline appropriate to the circumstances.

4.3 If the customer, who is a business, fails to accept individual or all deliveries or partial deliveries, they shall be in default of acceptance without further notice.

4.4 The remuneration payable by the customer is determined in accordance with ECONLUX’s price list valid at the time the contract is concluded. The prices quoted are final prices and include VAT. Any other price components are indicated separately.

4.5 ECONLUX is entitled to make partial deliveries, provided this is reasonable for the customer in individual cases.

4.6 For deliveries with a goods value of up to €45, the customer, as a consumer, shall pay a flat-rate delivery charge of €6.95 including VAT, unless otherwise stipulated in these terms and conditions. For deliveries of goods with a value exceeding €45, the seller shall not charge a flat-rate delivery charge.

4.7 For contracts with consumers, goods are handed over to the delivery company no later than two days after receipt of payment. Delivery takes place within the working days specified on the relevant product detail page (Monday to Friday, excluding public holidays). When ordering multiple items, the latest delivery time specified for any of the items in the shopping basket applies.

4.8 Unless otherwise specified in these terms and conditions, ECONLUX offers delivery to the following countries:

a) Country Group I: Belgium, Luxembourg, the Netherlands, Austria
b) Country Group II: Denmark*, Liechtenstein, the Czech Republic (*Delivery to Denmark is currently not possible)
c) Country Group III: France*, Monaco, Switzerland (*excluding Corsica)
d) Country Group IV: Italy, Poland, Slovakia, Slovenia, Hungary
e) Country Group V: Ireland, Portugal, Sweden, Spain*, Estonia, Finland, Latvia, Lithuania, Croatia, Romania (*excluding the Balearic Islands, Canary Islands, Ceuta & Melilla)
f) Country Group VI: Norway, Bulgaria
g) Country Group VII: France: Corsica, Spain: Balearic Islands, Bosnia and Herzegovina, Greece, Iceland
h) Country Group VIII: Malta
i) Country Group IV: Spain: Canary Islands, Ceuta, Melilla

4.9 The delivery charges for international shipments are as follows:
Country Group I: Standard delivery: €10.90, Bulky items: €12.90,
Country Group II: Standard delivery: €12.90, Bulky items: €13.90,
Country Group III: Standard delivery: €14.60, Bulky goods: €15.90,
Country Group IV: Standard delivery: €19.30, Bulky goods: €22.90,
Country Group V: Standard delivery: €23.10, Bulky goods: €26.90,
Country Group VI: Standard delivery: €28.50, Bulky goods: €31.90,
Country Group VII: Standard delivery: €54.10, Bulky goods: €56.90,
Country Group VIII: Standard delivery: €57.90, Bulky goods: €60.60 and
Country Group IX: Standard delivery: €77.00, Bulky goods: €80.90.
Any additional delivery and shipping costs, as well as delivery restrictions, will be specified in detail by ECONLUX prior to the conclusion of the contract.

4.10 Unless otherwise agreed in individual cases, the following terms of payment apply:
ECONLUX will send the customer an invoice for the contractual services provided. The customer is permitted to pay in advance by bank transfer or PayPal (in**@*****ux.de).

Registered business customers (entrepreneurs – see 1.2, sentence 3) are generally also entitled to pay on account.

In this case, the amounts due become due and payable upon invoicing, unless ECONLUX specifies a separate payment deadline on the invoice. If the customer fails to pay within 14 days of receipt of the invoice or within the payment period stated on the invoice, or if the customer fails to pay within any other agreed payment term, they shall be in default pursuant to Section 286(2)(1) or (2) of the German Civil Code (BGB) without further notice, with the consequence that default interest shall be payable pursuant to Section 288 BGB.

If the customer defaults on their payment obligations, ECONLUX shall charge a reminder fee (of at least €3.00) for each reminder. ECONLUX reserves the right to claim further damages for default.

5. Retention of title

5.1 ECONLUX retains title to the goods delivered until full payment has been made by the customer. If the customer is a business (see 1.2, sentence 3), ECONLUX retains title to the goods until all outstanding claims arising from the business relationship have been settled. 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 to that extent.

5.2 In the event of seizures or other impairments of the reserved title/rights by third parties, the customer is obliged to immediately draw attention to the retention of title and ECONLUX’s ownership/rights. In addition, the customer is obliged to inform ECONLUX immediately, stating the facts of the matter, and to provide written notification upon request. Furthermore, the customer shall notify ECONLUX of the name of the third party or parties seeking to attach property or claims or causing other infringements, in such a way that ECONLUX is in a position to safeguard its legal interests against the third party. The costs incurred in defending against such claims shall be borne by the customer.

5.3 The customer is obliged to treat ECONLUX’s property with due care. If the customer is a business (see 1.2, sentence 3), they are obliged to insure the purchased goods at their own expense against theft, fire and water damage at replacement value. If maintenance and inspection work is required, the buyer must carry this out in good time at their own expense.

5.4 The buyer, who is a business, is entitled to resell the goods subject to retention of title in the ordinary course of business. The customer hereby assigns the claim arising from the resale of the goods subject to retention of title in the amount of the final invoice amount agreed with ECONLUX (including any applicable VAT). This assignment applies regardless of whether the goods have been resold unprocessed or after processing. The buyer remains authorised to collect the claim even after the assignment. ECONLUX’s authority to collect the claim itself remains unaffected by this. However, ECONLUX undertakes not to collect the claim as long as the customer meets their payment obligations from the proceeds received, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have been suspended.

5.5 Any processing, treatment or alteration of the goods by the customer shall always be carried out in the name and on behalf of ECONLUX. In such cases, the customer’s right to the altered goods shall continue to apply. If the purchased item is processed together with other items not owned by ECONLUX, ECONLUX shall acquire co-ownership of the new item in proportion to the objective value of the purchased item relative to the other processed items at the time of processing. The same applies in the event of mixing. If the mixing takes place in such a way that the customer’s item is to be regarded as the principal item, it is agreed that the customer shall transfer proportionate co-ownership to us and hold the resulting sole ownership or co-ownership in safekeeping for ECONLUX. To secure ECONLUX’s claim against the customer, the customer shall also assign to ECONLUX any claims against a third party arising from the combination of the goods subject to retention of title with immovable property.

6. Delivery and Warranty

6.1 If goods are delivered with obvious transport damage, ECONLUX asks the customer to raise a complaint with the delivery company where possible and to inform ECONLUX. Failure to make a complaint or to contact ECONLUX has no consequences for the customer’s statutory warranty rights – with the exception of cases where the customer is a business (see 1.2, sentence 3, or Section 377 of the German Commercial Code (HGB)); it nevertheless enables ECONLUX to assert claims against the carrier or the transport insurer.

6.2 The warranty is governed by the statutory provisions unless ECONLUX grants a longer warranty for individual products.

6.3 Promised characteristics or guarantees (in particular regarding quality and/or durability) are only those that are expressly designated as such. The customer shall be informed of their existence. The assurance shall apply at the latest until the expiry of the warranty period.

6.4 A specific intended purpose or suitability for a particular use shall only be deemed to have been agreed if an express written agreement to that effect has been concluded between ECONLUX and the customer. Any assurance of characteristics by ECONLUX must be in writing. A mere reference to technical standards merely constitutes a detailed description of the product and does not constitute an agreement regarding the suitability of the goods beyond their normal intended use.

6.5 Provided that a defect has been reported 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 such processing are excluded.

6.6 ECONLUX may claim reimbursement of expenses incurred in investigating and/or rectifying a defect that does not in fact exist or a defect arising from circumstances for which the customer is responsible

7. Technical modifications

7.1 ECONLUX reserves the right to make technical modifications to the products it sells which increase or improve their value and do not result in any functional limitations, up until the time of delivery.

7.2 Unless expressly agreed otherwise, ECONLUX is entitled to determine technical performance characteristics or dimensions in deliveries in accordance with standard commercial tolerances. The inclusion of such standard commercial tolerances is deemed to have been agreed.

8. Technical specifications provided by the customer

8.1 Insofar as the manufacture and/or delivery of the products ordered by the customer is based on information, such as technical specifications provided by the customer, ECONLUX shall not be obliged to verify the accuracy of such technical specifications. ECONLUX is entitled to use technical specifications or product descriptions, as well as product features, provided to ECONLUX by the customer as a basis for the manufacture and delivery of the contractual products. Such use shall not constitute a breach of duty on the part of ECONLUX.

8.2 The products sold by ECONLUX comply with the specifications set out in the relevant product data sheets. ECONLUX makes no further representations and/or warranties regarding suitability for use.

9. Liability

9.1 ECONLUX shall be liable, irrespective of the legal basis, for damages or reimbursement of wasted expenditure in full only in respect of losses suffered by the customer arising from wilful misconduct or gross negligence, fraudulent concealment of a defect, in the event of the provision of express guarantees or warranted characteristics regarding quality and/or durability, in the event of damage resulting from injury to life, limb or health, for claims arising from product liability, and in the event of mandatory statutory provisions.

9.2 In the event of a negligent breach of essential contractual obligations (cardinal obligations), ECONLUX shall be liable – without prejudice to the cases set out in 7.1 – only to the extent of the damage typical for the contract and reasonably foreseeable at the time of conclusion of the contract. Cardinal obligations are obligations the fulfilment of which is essential for the proper performance of the contract, the breach of which jeopardises the achievement of the purpose of the contract, and on the observance of which the contracting party may regularly rely.

9.3 Multiple instances of damage arising from the same cause are deemed to constitute a single event of damage (continuity of causation; single act).

9.4 In all other respects, ECONLUX’s liability for property damage and financial loss is excluded. Where applicable, mandatory statutory liability provisions remain unaffected by this.

9.5 Insofar as ECONLUX’s liability towards the customer is limited or excluded, this shall apply mutatis mutandis to ECONLUX’s legal representatives, employees, freelancers and other vicarious agents.

10. Defence of Insecurity

10.1 ECONLUX shall be entitled to withhold performance if, after conclusion of the contract, it becomes apparent that ECONLUX’s claim to the consideration is jeopardised by the customer’s inability to perform. This right to withhold performance shall lapse if the consideration is provided or security is given for it.

11. Confidentiality, Non-Disclosure, Data Protection and References

11.1 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 required by mandatory applicable legal provisions or court or regulatory orders and the receiving Party has immediately informed the other Party in writing of the relevant obligation, or the confidential information is made available to the receiving Party’s advisers in connection with the interpretation or performance of the Contract Documents or any dispute arising therefrom and the adviser has previously undertaken in writing to the receiving party to maintain confidentiality or is already bound by professional confidentiality.

The Customer shall destroy or delete any confidential information belonging to ECONLUX or any documents and data created on behalf of ECONLUX upon termination of the contract, provided that this is not precluded by statutory retention obligations. The Customer shall confirm to ECONLUX within thirty (30) calendar days of the termination of an individual contract that it has fulfilled the above obligations.

11. 2 The Customer and ECONLUX mutually undertake to treat as confidential, for an indefinite period, all confidential information and trade secrets of the other contracting party which the other party makes available in connection with the negotiation and performance of the contract, and to use such information only for the agreed purpose, as well as to comply with the applicable provisions on data protection and data security.

11.3 Confidential information must not be processed by the customer through

• unauthorised access to, unauthorised appropriation or unauthorised copying of the data carriers containing the confidential information or from which the confidential information can be derived, or
• any other conduct which, under the relevant circumstances, does not comply with the principle of good faith, taking into account fair market practice;
• observing, examining, reverse-engineering or testing a product or item that has been made publicly available or is in the possession of the observer, examiner, reverse-engineer or tester (prohibition on decryption).

11.4 The Customer is aware that ECONLUX works with financing partners/third parties. The data covered by this contract may therefore be used by the financing partners for specific purposes (including to obtain creditworthiness information). The Customer may obtain a self-disclosure report from the credit reference agencies regarding the data stored there. The addresses and contact details of the credit reference agencies will be provided to the Customer on request.

11.5 ECONLUX expressly draws the Customer’s attention to the fact that, given the current state of technology, data protection for data transmissions over open networks, such as the internet, cannot be fully guaranteed. The customer is aware that ECONLUX may, under certain circumstances, be able to view the customer’s data at any time from a technical perspective. Third parties may also, under certain circumstances, be technically capable of unauthorised interference with network security and of viewing data traffic. The customer is fully responsible for the security and protection of the stored data, unless ECONLUX has undertaken these services on the customer’s behalf.

11.6 If the Customer collects, processes or uses personal data, they shall ensure that this is done in accordance with data protection regulations and, in the event of a breach, shall indemnify ECONLUX against any claims by third parties.

11.7 The Customer grants ECONLUX a revocable right, valid for an indefinite period, to include the Customer’s name and company logo, as well as a brief description of the contractual relationship, as a reference in any of ECONLUX’s publications (in particular brochures and websites), whilst maintaining confidentiality and data protection.

12. Intellectual Property

12.1 For as long as and to the extent that ECONLUX has provided the customer with drawings, samples, models or similar items, or such items have been produced in accordance with the customer’s specifications, ECONLUX shall be regarded as the copyright holder.

12.2 Insofar as ECONLUX receives models, sketches, plans or similar items from the Customer, the Customer warrants upon handover that they are the author or hold the rights necessary for the transfer. Insofar as ECONLUX is nevertheless held liable by third parties for an infringement of an industrial property right or copyright, the Customer undertakes to indemnify ECONLUX against all claims. In such a case, the customer also undertakes to reimburse ECONLUX for all costs and damages arising from the third party’s claim based on an allegedly infringed property right. This includes, in particular but not exclusively, the costs incurred by ECONLUX for legal defence.

13. Final Provisions

13.1 Any amendments or additions to these terms and conditions must be made in writing. Should ECONLUX not insist on full and/or partial compliance with or fulfilment of any of the terms or provisions of these General Terms and Conditions or the supplementary regulations, this shall not be construed as an acknowledgement of the breach or a waiver of the future application of the relevant term, provision, option, right or remedy.

13.2 The Customer may only set off claims against ECONLUX’s claims for remuneration against claims that have been legally established or expressly acknowledged in writing by ECONLUX.

13.3 The Customer is only entitled to exercise a right of retention to the extent that a counterclaim arises from the same contractual relationship. Furthermore, a right of retention may only be exercised against claims that have been legally established or expressly acknowledged in writing by ECONLUX.

13.4 The assignment or pledging of claims or rights to which the Customer is entitled against ECONLUX is excluded without the consent of ECONLUX.

13.5 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) and conflict of laws rules).

The place of performance (and the place of jurisdiction in the event that the customer is an entrepreneur as defined in clause 1.2, sentence 3, a legal entity under public law or a special fund under public law) for all disputes arising from or in connection with this contract is the registered office of ECONLUX. ECONLUX is also entitled to bring legal proceedings against the customer at the customer’s general place of jurisdiction. Any exclusive place of jurisdiction remains unaffected.

13.6 Should any provision of these Terms and Conditions be invalid, unenforceable or void—including where such a provision is added at a later date or set out in an addendum—this shall not affect the validity of the remaining provisions. In place of the invalid, void or unenforceable provision, a provision shall be deemed to have been agreed which, as far as legally possible, comes closest to what was economically intended in accordance with the meaning and purpose of the invalid, void or unenforceable provision. The same applies to unintended omissions; in such a case, a provision shall be deemed to have been agreed which comes closest to what would have been stipulated in accordance with the meaning and purpose of this contract had the parties been aware of the omission; or should a provision be invalid with regard to a time period or a specified course of action.

[This is a translation provided by Deepl.com and is for information purposes only. In case of doubt or discrepancies, the original German version of the Terms and Conditions shall prevail!]