Terms of service

General Terms and Conditions with Customer Information

Scope
Conclusion of the Contract
Right of Withdrawal
Prices and Payment Conditions
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, trading as "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 displayed in our online shop. We hereby object to the inclusion of your own terms, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal personality acting in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

2) Conclusion of the Contract

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

2.2 You may submit the offer via the online order form integrated into our online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 We may accept your offer within five days,

by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by you is decisive, or
by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or
by requesting payment from you after you have placed your order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting your offer begins on the day after you send your offer and ends at the end of the fifth day following the dispatch of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer with the result that you are no longer bound by your declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing is handled 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 Terms of Use, 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 that can be selected in the online ordering process, we declare our acceptance of your offer at the time you click the button concluding the ordering process.

2.5 When ordering via our online order form, we store the contract text after the contract is concluded and transmit it to you in text form (e.g., e-mail, fax, or letter) after you have sent your order. We do not provide further access to the contract text. If 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 Before bindingly submitting the order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the zoom function of your browser, which enlarges the display on the screen. You can correct your entries within the electronic ordering process using standard keyboard and mouse functions until you click the button that concludes the ordering process.

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

2.8 Order processing and contact are generally carried out by e-mail and automated order processing. You must ensure that the e-mail address provided by you for order processing is accurate so that e-mails sent by us can be received at this address. In particular, if you use SPAM filters, you must ensure that all e-mails sent by us or by third parties commissioned by us to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

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

4) Prices and Payment Conditions

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

4.2 The payment method(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 handled by PayPal, whereby PayPal may also use the services of third-party payment service providers. If we also offer payment methods via PayPal where we provide advance performance (e.g., invoice purchase or installment payment), we assign our payment claim to PayPal or to the payment service provider specifically named to you by PayPal. 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 check 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 pay to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the case of assignment of claims, we remain responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal, and returns or credit notes.

4.4 If the payment method "Sofort" is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofort", you must have an online banking account enabled for participation in "Sofort", identify 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 debited. Further information on the payment method "Sofort" can be found on the internet at https://www.klarna.com/sofort/.

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

4.6 If the payment method "PayPal Invoice" 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 payment method "PayPal Invoice" in the event of a negative check result. If the payment method "PayPal Invoice" is approved by PayPal, you must pay the invoice amount within 30 days of receipt of the goods to PayPal, unless PayPal specifies a different payment target. In this case, you can only pay to PayPal with a debt-discharging effect. However, even in the case of assignment of claims, we remain responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, declarations of withdrawal, and returns or credit notes. Additionally, the General Terms of Use for the use of invoice purchase by PayPal apply, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.7 If the payment method "SEPA Direct Debit" is selected, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the expiration of the period for pre-information on payment. The direct debit is collected when the ordered goods leave our warehouse, but not before the expiration of the pre-information period. "Pre-notification" is any communication (e.g., invoice, policy, contract) from us to you announcing a charge via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if you object to the debit although you are not entitled to do so, you must bear the fees arising from the chargeback by the respective credit institution if you are responsible for it. We reserve the right to carry out a credit check when selecting the SEPA direct debit payment method and to refuse this payment method in the event of a negative credit check.

4.8 If the payment method "PayPal Direct Debit" is selected, PayPal collects the invoice amount from your bank account on our behalf after a SEPA direct debit mandate has been issued, but not before the expiration of the pre-information period. "Pre-notification" is any communication (e.g., invoice, policy, contract) to you announcing a charge via SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to the provision of incorrect bank details, or if you object to the debit although you are not entitled to do so, you must bear the fees arising from the chargeback by the respective credit institution if you are responsible for it.

4.9 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 as well as the terms and conditions of Klarna regarding this can be viewed here:

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

5) Delivery and Shipping Conditions

5.1 If we offer to ship the goods, delivery will 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 transaction.

5.2 If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs for the initial shipment if you effectively exercise your right of withdrawal. For return costs, the provision made in our cancellation policy applies if you effectively exercise your right of withdrawal.

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 forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment. If you act as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally only passes to you upon delivery of the goods to you or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the sold goods passes to you – even if you act as a consumer – as soon as we have delivered the item to the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment, if you have commissioned the forwarder, the carrier, or the person or institution otherwise designated to carry out the shipment and we have not previously named this person or institution to you.

5.4 We reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not our fault and we have concluded a concrete hedging transaction with the supplier with the required care. We will make all reasonable efforts to procure the goods. In the event of non-availability or 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 provide advance performance, we retain title to the delivered goods until the full payment of the owed purchase price.

7) Liability for Defects (Warranty)

Unless otherwise provided in the following regulations, the provisions of statutory liability for defects 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 claims for defects is one year from delivery of the goods;
for used goods, the rights for defects 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, the following applies to contracts for the delivery of used goods with the limitation of the following clause: The limitation period for claims for defects is one year from delivery of the goods, provided that this has been expressly and separately agreed between us in the contract and you have been specifically informed of the shortening of the limitation period before submitting your contractual declaration.

7.3 The liability limitations 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,
to 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 the case of contracts for the delivery of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims 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 give notice of defects according to § 377 HGB. If you fail to comply with the notification requirements stipulated therein, the goods shall be deemed approved.

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

8) Liability

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

8.1 We are liable without limitation 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 we negligently breach a material contractual obligation, liability is limited to the foreseeable, contract-typical damage, unless we are liable without limitation according to the above clause. Material contractual obligations are obligations which the contract imposes on us according to its content for the achievement of the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which you may regularly rely.

8.3 Otherwise, our liability is excluded.

8.4 The above 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 campaigns with a specific validity period and which you cannot purchase (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 may be excluded from the voucher promotion if a corresponding restriction results from the content of your promotional voucher.

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

9.5 Only one promotional voucher can be redeemed per order.

9.6 If our promotional voucher relates to a specific value and not to a percentage price discount, your order value must be at least equal to 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 insufficient to cover your order, you can choose one of the other payment methods offered by us to pay the difference.

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

9.9 The promotional voucher will not be refunded if you return the goods paid for in whole or in part 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 lack of entitlement, the legal incapacity, or the lack of power of representation of 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 only applies insofar as the protection granted to you by mandatory provisions of the law of the state in which you have your habitual residence is not withdrawn.