Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

The following terms and conditions apply to contracts that you conclude with us as the provider (Eurosol GbR) via the website https://eurosoladditives.com/. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.
A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the Contract

The subject of the contract is the sale of goods.
By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart." You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.

After clicking the "Checkout" or "Proceed to order" button (or similar designation) and entering your personal data as well as the payment and shipping terms, the order data is finally displayed as an order overview.

If you use an instant payment system (e.g., PayPal [Express/Plus/Checkout], Amazon Pay, Sofort), you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.

If redirected to the instant payment provider, you make the appropriate selection or entry of your data there.

Finally, the order data is displayed as an order overview either on the instant payment provider’s website or after you are redirected back to our online shop.

Before submitting the order, you have the opportunity to review, change (also using the browser’s "back" function), or cancel the order.

By submitting the order via the corresponding button ("order with obligation to pay," "buy" / "buy now," "place binding order," "pay" / "pay now," or similar designation), you declare the legally binding acceptance of the offer, thereby concluding the contract.

The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured, and in particular not prevented by spam filters.

§ 3 Special Agreements on Payment Methods Offered

Payment via "PayPal" / "PayPal Checkout"
When selecting a payment method offered via "PayPal" / "PayPal Checkout," the payment processing is carried out via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22–24 Boulevard Royal, L-2449 Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website as well as in the online order process. For payment processing, "PayPal" may use other payment services; insofar as special payment conditions apply, you will be informed separately. Further information on "PayPal" can be found at:
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 4 Right of Retention, Reservation of Title

You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
The goods remain our property until full payment of the purchase price.
If you are an entrepreneur, the following applies in addition:
a) We retain ownership of the goods until all claims from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims arising from such resale in the amount of the invoice value, and we accept this assignment. You remain authorized to collect the claims. However, if you do not properly meet your payment obligations, we reserve the right to collect the claims ourselves.
c) In the event of combination or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is at our discretion.

§ 5 Warranty

Statutory warranty rights apply.
As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of complaints as quickly as possible. Failure to do so has no effect on your statutory warranty claims.
If a characteristic of the goods deviates from the objective requirements, the deviation is deemed agreed only if you were informed of this by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
If you are an entrepreneur, the following applies, differing from the above warranty provisions:
a) Only our own specifications and the manufacturer’s product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions, or manufacturer statements.
b) In the case of defects, we shall provide warranty at our discretion by rectification or replacement. If the remedy fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification is deemed to have failed after the second unsuccessful attempt unless the nature of the goods, the defect, or other circumstances indicate otherwise. In the case of rectification, we are not obliged to bear the increased costs incurred by transporting the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The reduction in the warranty period does not apply:

to damages culpably caused by us resulting from injury to life, limb, or health, and to other damages caused intentionally or by gross negligence;
if we have fraudulently concealed the defect or assumed a guarantee for the quality of the item;
to items which have been used for a building in accordance with their normal use and have caused its defectiveness;
to statutory recourse claims that you have against us in connection with defect rights.

§ 6 Choice of Law

German law shall apply. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country of the consumer’s habitual residence (principle of favorability).
The provisions of the UN Convention on Contracts for the International Sale of Goods explicitly do not apply.

II. Customer Information

Identity of the Seller
Eurosol GbR
Zusmarshauser Str. 25 A
86637 Wertingen
Germany
Phone: +49 8272 9948 173
Email: ohnheiser@eurosol24.com

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion itself, and the correction options are carried out in accordance with the provisions of "Conclusion of the Contract" in our General Terms and Conditions (Part I).
Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. The full contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or electronically saved via the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
Essential Characteristics of the Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
Prices and Payment Terms
5.1. The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. No shipping costs are charged.
5.3. The payment methods available to you are displayed under a correspondingly designated button on our website or in the respective offer.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due immediately.
Delivery Conditions
6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment passes to you only upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and dispatch are at your risk.

Statutory Warranty Rights
Warranty is governed by the provisions of "Warranty" in our General Terms and Conditions (Part I).

ℹ️ These GTC and customer information were created by lawyers specialized in IT law at Händlerbund and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. More information: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

Last updated: 22/10/2024