Terms of service

General Terms and Conditions with Customer Information

Scope
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Liability
Redemption of Promotional Vouchers
Applicable Law
Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Dennis Götz, acting under "eacygrow" (hereinafter "we/us"), apply to all contracts for the delivery of goods concluded by you as a consumer or entrepreneur (hereinafter "you") with us regarding the goods presented by us in our online shop. The inclusion of your own conditions is herewith objected to, unless we have agreed otherwise with you.

1.2 A consumer pursuant to these GTC is every natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business, or profession.

1.3 An entrepreneur pursuant to these GTC is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in the exercise of their trade, business, or profession.

2) Conclusion of Contract

2.1 The product descriptions contained in our online shop do not constitute binding offers on our part, but serve the purpose of submitting a binding offer by you.

2.2 You may submit the offer via the online order form integrated into our online shop. By doing so, after having placed the selected goods in the virtual shopping cart and having passed through the electronic ordering process, you submit a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button finalizing the ordering process.

2.3 We may accept your offer within five days,

by transmitting a written order confirmation or an order confirmation in text form (fax or email) to you, insofar as the receipt of the order confirmation by you is decisive, or
by delivering ordered goods to you, insofar as the receipt of goods by you is decisive, or
by requesting payment from you after submission of your order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall start on the day after the offer has been sent by you and ends with the expiry of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed as rejecting the offer, with the effect that you are no longer bound by your statement of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if you do not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If you pay using a payment method offered by PayPal selectable in the online ordering process, we hereby accept your offer at the time you click the button concluding the ordering process.

2.5 When placing an order via our online order form, the contract text is stored by us after the conclusion of the contract and transmitted to you in text form (e.g., email, fax, or letter) after your order has been sent. We do not make the contract text accessible beyond this. Provided that you have set up a user account in our online shop before sending your order, your order data will be archived on our website and can be accessed by you free of charge via your password-protected user account by providing the corresponding login data.

2.6 Prior to submitting a binding order via our online order form, you may recognize possible input errors by attentively reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of your browser, with the help of which the display on the screen is enlarged. You can correct your entries within the electronic ordering process via the usual keyboard and mouse functions until you click the button concluding the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8 Order processing usually takes place automatically via email. You must ensure that the email address provided by you for order processing is correct so that emails sent by us can be received at this address.

3) Right of Withdrawal

3.1 Consumers are generally entitled to the right of withdrawal.

3.2 Further information on the right of withdrawal can be found in our cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in our product description, the prices indicated are total prices. Value-added tax (VAT) is not shown separately, as we are small business owners within the meaning of the UStG (German Value Added Tax Act). Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 The payment option(s) will be communicated to you in our online shop.

4.3 If a payment method offered via the payment service "PayPal" is selected, payment processing is carried out via PayPal, whereby PayPal may also use the services of third-party payment service providers. If we also offer payment methods via PayPal where we make advance performance to you (e.g., purchase on account or installment payment), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. We reserve the right to refuse you the selected payment method in the event of a negative test result. If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, you can only make payment with a discharging effect to PayPal or the payment service provider commissioned by PayPal. However, even in the case of the assignment of claims, we remain responsible for general customer inquiries, e.g., regarding goods, delivery time, dispatch, returns, complaints, declarations of withdrawal, and corresponding deliveries or credit notes.

4.4 If the "Sofortüberweisung" payment method is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to be able to pay the invoice amount via "Sofortüberweisung," you must have an online banking account activated for participation in "Sofortüberweisung," legitimize yourself accordingly during the payment process, and confirm the payment instruction. The payment transaction is carried out immediately thereafter by Klarna, and your bank account is charged. Further information on the "Sofortüberweisung" payment method is available online at https://www.klarna.com/sofort/.

4.5 If the purchase on account payment method is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 30 days of the invoice date without deduction to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The purchase on account payment method requires a successful credit check by Klarna AB. If you are permitted to use the purchase on account payment method after a credit check, payment is processed in cooperation with Klarna AB, to whom we assign our payment claim. In this case, you can only make payment with discharging effect to Klarna AB. Otherwise, the General Terms and Conditions of Klarna AB, which you can access during the ordering process, shall apply. We reserve the right to offer the purchase on account payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, we will notify you of a corresponding payment restriction in our payment information in the online shop.

4.6 If the "PayPal Invoice" payment method is selected, we assign our payment claim to PayPal. Before accepting our declaration of assignment, PayPal carries out a credit check using the transmitted customer data. We reserve the right to refuse you the "PayPal Invoice" payment method in the event of a negative test result. If the "PayPal Invoice" payment method is approved by PayPal, you must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment target. In this case, you can only make payment to PayPal with a discharging effect. However, even in the case of the assignment of claims, we remain responsible for general customer inquiries, e.g., regarding goods, delivery time, dispatch, returns, complaints, declarations of withdrawal, and corresponding deliveries or credit notes. In addition, the General Terms of Use for the use of PayPal invoice purchase apply, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.7 If the "PayPal Direct Debit" payment method is selected, PayPal will collect the invoice amount from your bank account after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification on our behalf. Pre-notification is any communication (e.g., invoice, policy, contract) to you that announces a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or because a wrong bank account was given, or if you object to the debit even though you are not entitled to do so, you must bear the fees resulting from the chargeback by the respective credit institution, provided that you are responsible for this.

4.8 If a payment method offered via the payment service "Klarna" is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and the terms of Klarna regarding this can be found here:

https://eacygrow.com/policies/shipping-policy

5) Delivery and Shipping Conditions

5.1 If we offer shipping of the goods, delivery shall be made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. The delivery address specified in our order processing is decisive for the processing of the transaction.

5.2 If the delivery of the goods fails for reasons you are responsible for, you shall bear the reasonable costs incurred by us. This does not apply with regard to the costs for outward shipping if you effectively exercise your right of withdrawal. For return shipping costs, if the right of withdrawal is effectively exercised by you, the provision made in our cancellation policy shall apply.

5.3 If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the item to the forwarding agent, the carrier, or the person or institution otherwise appointed to execute the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes with the handover of the goods to you or an authorized recipient. In deviation from this, the risk of accidental loss and accidental deterioration of the sold goods also passes to you, even if you act as a consumer, as soon as we have delivered the item to the forwarding agent, the carrier, or the person or institution otherwise appointed to execute the shipment, if you commissioned the forwarding agent, the carrier, or the person or institution otherwise appointed to execute the shipment, and we did not name this person or institution to you beforehand.

5.4 If you act as a consumer with a registered office in Germany or as an entrepreneur, we reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. However, this only applies if the non-delivery is not our fault and we have concluded a specific hedging transaction with the supplier with due care. We will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, you will be informed immediately and the consideration will be refunded to you without delay.

5.5 Self-collection is not possible for logistical reasons.

6) Retention of Title

If we make an advance delivery, we reserve title to the delivered goods until the owed purchase price has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise stipulated in the following provisions, the regulations of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.1 If you act as an entrepreneur,

we have the choice of the type of supplementary performance;
for new goods, the limitation period for defect rights is one year from delivery of the goods;
for used goods, defect rights are excluded;
the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.

7.2 If you act as a consumer, for contracts for the delivery of used goods, the following limitation applies: The limitation period for defect claims is one year from the delivery of the goods, if this has been expressly and separately contractually agreed between us and you were specifically informed of the shortening of the limitation period prior to submitting your contractual declaration.

7.3 The limitations of liability and shortening of periods regulated above do not apply

to your claims for damages and reimbursement of expenses,
in the event that we have fraudulently concealed the defect,
for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,
to any existing obligation of ours to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory right of recourse that may exist remain unaffected.

7.5 If you act as a merchant within the meaning of § 1 of the German Commercial Code (HGB), you are subject to the commercial duty to inspect and notify defects in accordance with § 377 HGB. If you fail to observe the notification obligations regulated therein, the goods shall be deemed approved.

7.6 If you act as a consumer, you are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform us thereof. If you fail to do so, this has no effect on your statutory or contractual claims for defects.

8) Liability

We are liable to you for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

8.1 We are fully liable for any legal reason

in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, body, or health,
on the basis of a guarantee promise, unless otherwise regulated in this regard,
due to mandatory liability such as under the Product Liability Act.

8.2 If you act as a consumer based in Germany or as an entrepreneur, the following limitations of liability apply:

If we negligently breach a material contractual obligation, our liability is limited to the foreseeable damage typical for the contract, unless we are subject to unlimited liability in accordance with the preceding clause. Material contractual obligations are obligations which the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place, and on the compliance with which you may regularly rely. Furthermore, our liability is excluded, unless we are subject to unlimited liability in accordance with the preceding clause.

8.3 The aforementioned liability regulations also apply with regard to our liability for our vicarious agents and legal representatives.

9) Redemption of Promotional Vouchers

9.1 Vouchers that we issue free of charge as part of promotional activities with a specific validity period and that cannot be purchased by you (hereinafter "promotional vouchers") can only be redeemed in our online shop and only within the specified period.

9.2 Promotional vouchers can only be redeemed by you as a consumer.

9.3 Individual products can be excluded from the voucher promotion, provided a corresponding restriction is derived from the content of your promotional voucher.

9.4 Promotional vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed by you per order.

9.6 If our promotional voucher refers to a specific value and not to a percentage discount, your goods value must at least equal the amount of the promotional voucher. Any remaining credit will not be refunded by us.

9.7 If the value of the promotional voucher is not sufficient to cover your order, you can choose one of the other payment methods offered by us to settle the difference.

9.8 The credit balance of a promotional voucher is neither paid out in cash nor does it earn interest.

9.9 The promotional voucher will not be refunded if you return the goods paid for completely or partially with the promotional voucher within the scope of your statutory right of withdrawal.

9.10 The promotional voucher is transferable. We can render performance with a discharging effect to the respective holder who redeems the promotional voucher in our online shop. This does not apply if we have knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity, or lack of authorization to represent the respective holder.

10) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between us, excluding the laws on the international sale of movable goods. If you act as a consumer, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which you have your habitual residence is not withdrawn.