REGULATIONS FOR THE ONLINE STORE
Terms used in the Regulations mean:
- Enbio – Enbio Group GmbH, Basler Straße 115, 79115 Freiburg in Breisgau, Germany
- Client – a natural person, a legal person or an organizational unit that is not a legal person, the specific legal provisions of which grant legal capacity, which orders within the Shop;
- Consumer – in accordance with § 13 of the German Civil Code (BGB) means any natural person making a legal transaction for purposes that are predominantly neither commercial nor can be assigned to their sole business activity.
- BGB or German Civil Code – German Civil Code in the version published on 2 January 2002 (BGBl. I p. 42, 2909; 2003 I p. 738), last amended by Article 1 of the Act of 19 March 2020 (BGBl. I p. 541);
- Regulations – these Regulations defining the general terms and conditions of sale as well as the rules of providing electronic services as part of the Enbio online store;
- Online Store (Store) – an internet service available at https://www.enbio.com, through which the Customer may, in particular, place Orders;
- Goods – products presented in the Online Store;
- Sales contract – a contract for the sale of Goods within the meaning of the Civil Code, concluded between Enbio and the Customer, concluded using the Store’s website;
- Order – Customer’s declaration of intent, aimed directly at the conclusion of the Sales Agreement, specifying in particular the type and number of the Goods.
B. General provisions
- These Regulations define the rules for using the online store available at enbio.com
- The Enbio online store, operating at www.enbio.com, is run by Enbio Group GmbH, Basler Straße 115, 79115 Freiburg in Breisgau, Germany, firstname.lastname@example.org
- These Regulations specify in particular:
- rules for registering and using an account as part of an online store;
- conditions and rules for submitting orders via e-mail as part of an online store
- the principles of concluding Sales Agreements with the use of services provided as part of the Online Store.
- Using the online store is possible provided that the IT system used by the customer meets the following minimum technical requirements: web browser supporting Java and html, e-mail (e-mail address)
- In order to use the online store, the Customer should gain access to a computer station or terminal device with access to the Internet.
- In accordance to the applicable law, Enbio reserves the right to limit the provision of services via the Online Store to persons who have reached the age of 18 years. In this case, potential customers will be notified of the above.
- Customers can access these Regulations at any time via the link found on the home page of www.enbio.com and download it and print it out.
C. The rules of using the Online Store
- Registration at the Online Store is optional. The customer may place an order without registering at the Store, after reading these Regulations and accepting them.
Registration takes place by completing and accepting the registration form, available on one of the Store’s websites.
The condition of registration is to agree to the content of the Regulations and provide personal data marked as mandatory.
Enbio may deprive the Customer of the right to use the Online Store, as well as limit its access to some or all of the Online Store’s resources, with immediate effect, if the Customer violates the Regulations, in particular when the Customer:
- during registration in the online store, he provided false, inaccurate or out-of-date data, misleading or violating the rights of third parties,
- committed an online violation of personal rights of third parties, in particular the personal rights of other customers of the online store,
- engage in other behaviours that can generally be considered as inconsistent with applicable law or general principles of using the Internet or harming the reputation of Enbio.
- In order to ensure the security of transmission of messages and data in relation to the services provided on the Website, the Online Store takes technical and organizational measures appropriate to the degree of threat to the security of services provided, in particular measures to prevent the unauthorized collection and modification of personal data sent on the Internet .
- The customer is obliged in particular to:
- non-delivery and non-forwarding of content prohibited by law, e.g. content that promotes violence, defamatory or violates personal rights and other rights of third parties,
- use the Online Store in a way that does not interfere with its operation, in particular through the use of specific software or devices,
- failure to take actions such as: sending or placing unsolicited commercial information (spam) as part of the Online Store,
- using the Online Store in a way that is not inconvenient for other customers and for Enbio,
- use of all content included in the Online Store only for personal or commercially justified use.
D. The procedure of conclusion of the Sales Agreement
- In order to conclude a Sales Agreement via the Online Store, go to the website www.enbio.com and select the Goods taking further technical steps based on the messages displayed to the Customer and information available on the website
- The selection of ordered goods by the customer is made by adding them to the basket.
- While placing the Order – until the button confirming the Order placement is pressed – the Customer has the possibility to modify the entered data and the selected Product. To do this, follow the messages displayed to the Client and the information available on the website.
- After providing the Customer using the Online Store with all the necessary data, a summary of the placed Order will be displayed. The summary of the placed Order will include, among others description of selected goods or services, total price and all other costs.
- In order to send an Order, it is necessary to accept the content of the Regulations, provide personal data marked as mandatory and press the button confirming the submission of the Order.
- Information about the Goods provided on the Store’s websites constitutes an invitation to treat. Sending the Order by the Customer is a declaration of intent to conclude a Sales Agreement with Enbio, within the meaning of § 145 of BGB (offer).
After the order is placed in the Online Store, Enbio shall send an automatic e-mail with the order confirmation containing all essential elements of the Order and other legally necessary information to the Customer (eg. cancellation policy). However, this confirmation email does not yet constitute an acceptance of the offer. The contract is concluded either by a separate confirmation of acceptance within five days of the order or by delivery of the goods.
- The contract is concluded in the language corresponding to the language version of the Online Store the Client uses, with the content in accordance with the Regulations.
- Customers can access these Regulations at any time via the link found on the home page of www.enbio.com and download it and print it out.
- Delivery of the ordered Goods is carried out through a courier company.
There is no possibility to personally collect an ordered product in our store.
The delivery costs for an ordinary delivery per courier are: EUR 0.
Any additional costs of delivery will be indicated at the time of placing the Order.
- The delivery deadline is up to 10 business days and counts from the date of the Customer’s order.
- Damage to the Product caused during delivery.
In the case of consumer distance shopping, our Store always bears the risk of accidental damage or loss of goods in transit. If the goods are delivered with obvious damage during transport, we kindly ask you to report such defect to the carrier and contact us as soon as possible. The delay in submitting such a complaint or establishing a contact has no consequences for your statutory claims and their satisfaction, in particular for your rights under statutory warranty for defects (point VIII of the Regulations). Faster notification of noticed damage during transport is for us help in the recovery of our own claims against the carrier or transport insurer.
F.Prices and payment methods
- Commodity prices are given in Euro and include all components, including VAT, customs and all other components.
- The customer has the option to pay the price by:
- payment in the PayPal system
G. The right to withdraw from the contract
- You have the right to withdraw from this contract within 14 days without giving any reason. The deadline to withdraw from the contract expires after 14 days from the date on which the item was delivered, i.e. the Consumer or a third party, other than a carrier designated by him, has received the goods.
- If the consumer has ordered several goods under a single order and the goods are delivered separately, the time period begins as soon as the consumer or a third party designated by the consumer, who is not a carrier, has received the last goods.
- If the goods are delivered in several parts or pieces, the period shall begin as soon as the consumer or a third party, other than a carrier and nominated by the consumer, has received the last part or piece.
- To exercise your right of withdrawal, you must inform us (Enbio Group GmbH, Basler Straße 115, 79115 Freiburg in Breisgau, Germany, email@example.com, Telephone: +49 761 88794421) of your decision to withdraw from this contract. You can use the model withdrawal form, but it is not obligatory. You can also fill out and send the withdrawal form or any other unambiguous statement by e-mail or through our website https://enbio.com/uk/return-form. If you use this option, we will send you a confirmation of receipt of information about the withdrawal from the contract on a durable medium (on example by email).
To keep the deadline to withdraw from the contract, it is enough for you to send information regarding the exercise of your right to withdraw from the contract before the deadline to withdraw from the contract.
- Effects of withdrawal from the contract
In the event of withdrawal from this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from the delivery method chosen by you other than the cheapest method of delivery offered by us), immediately, and in any case not later than 14 days from the date on which we were informed about your decision to exercise the right to withdraw from this contract. We will refund the payment using the same payment methods that you used in the original transaction, unless you have explicitly agreed to a different solution; in any case, you will not incur any fees in connection with this return. We can withhold the return of the payment until receipt of the item or until proof of its return is provided to us, depending on which event occurs first.
Please send us a product to: Enbio Group GmbH, Basler Straße 115, 79115 Freiburg in Breisgau, Germany, immediately, and in any case not later than 14 days from the date on which you informed us about the withdrawal from this contract. The deadline is met if you send back the item before the deadline of 14 days. You bear the direct costs of the return shipment. If you have damaged the goods or if they have lost their value in any other way, you are obliged to pay compensation. This does not apply if the loss of value is due to handling of the goods that was necessary to check the condition, properties and functionality of the goods.
H. Complaints about the Goods
- Applies to a Customer who is a Consumer:
We are obliged to deliver goods free from defects. The statutory liability law for defects in sold goods applies to the extent specified in 437 of BGB.
Complaints can be submitted:
- by phone at+49 761 88794421
- using the complaint form available on the Store website
- via e-mail to the following address: firstname.lastname@example.org
- or in writing to the following address: Enbio Group GmbH, Basler Straße 115, 79115 Freiburg in Breisgau, Germany.
In the case of exercising the rights under the § 437 of BGB – if we deem it necessary to consider the complaint, you are obliged, at our expense, to deliver the defective goods to the above-mentioned postal address. If, due to the type of product or the method of its installation, the delivery of the goods would be excessively difficult, you must make it available to us in the place where it is located. We undertake to respond to the complaint promptly, no later than within 14 days from the date of its submission.
We are responsible for the statutory warranty if a physical defect is found before the expiration of two years from the date of delivery of goods to you.
In the complaint, it is recommended:
- to provide information about the subject of the complaint, in particular the type and date of the defect;
- specification of a request regarding the method of removing the defect (eg. replacement of the good with a new article, repair, price reduction, withdrawal from the contract); and
- providing contact details of the complaining party – this will facilitate and accelerate the complaint handling process through the Store.
The recommendations specified in the previous sentence are only in the form of non-binding guidelines and in no way affect the effectiveness of complaints submitted bypassing the provision of the recommended information.
- Applies to a Customer who is not a Consumer at the same time:
The buyer who is not a consumer at the same time loses the statutory warranty rights if he has not examined the goods in time and in the manner accepted with such items and did not immediately notify the seller about the defect, and if the defect appeared only later – if he did not notify the seller immediately after its finding. In the absence of notification of the defect, the goods are considered as accepted. The above does not apply in case of fraudulent concealment by us. Complaints may be submitted in writing or electronically to the Store’s address.
I. Additional guarantees when selling Goods in the Store
Enbio is a producer of Goods available in the Store. Enbio as a manufacturer provides an additional warranty for the Goods, which it is the manufacturer on terms and for the period indicated in the warranty card attached to the Goods. The warranty granted by us does not exclude, limit or suspend the Customer’s rights under the provisions of the warranty for defects in the sold item (Section VIII of the Regulations).
J. Complaints regarding the provision of electronic services
- Enbio takes steps to ensure fully correct operation of the Online Store, to the extent that results from current technical knowledge and undertakes to remove within a reasonable time any irregularities reported by customers.
- The customer may notify us of any irregularities or interruptions in the functioning of the Online Store website. Irregularities related to the functioning of the Store should be reported electronically to the following address: email@example.com
- In a complaint regarding irregularities related to the functioning of the Online Store website, please indicate the type and date of occurrence of the irregularity.
- We undertake to respond to the complaint promptly, no later than within 14 days from the date of its submission.
K. Possibilities of alternative dispute resolutions to handle complaints and redress
- Please be advised that there are opportunities to use extrajudicial ways to deal with complaints and redress. Making use of them is voluntary and can only take place if both parties of the dispute agree.
The European Commission provides a platform for online dispute resolution between Consumers and Entrepreneurs (ODR platform).
L. Final Provisions
- The UN convention on the sales of goods (CISG) is not applicable.
- The contracts concluded between Enbio and customers who are not consumers in accordance with this Regulation are governed by the law of the Federal Republic of Germany.
- The contracts concluded between Enbio and customers who are consumers in accordance with this Regulation are governed by the law of the Federal Republic of Germany. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not denied (principle of favourability). Should German law be excluded, the law of the state in which the consumer has his or her habitual residence applies, provided that Enbio
- pursues his commercial activities in the State where the consumer has his habitual residence; or
- directs such activity in any manner whatsoever towards that State or towards several States, including that State.
- Any disputes arising between Enbio and the Client who is not a Consumer shall fall under the jurisdiction of German courts. The competent court shall be the court in Stuttgart the place of the registered office of Enbio.
- Any disputes arising between Enbio and the Client who is a Consumer shall fall under the jurisdiction of German courts. Should this be excluded, the consumer may bring an action against Enbio either in the courts of the state in whose territory Enbio has its registered office, branch, agency or other establishment or in the courts of the place where the consumer is domiciled. Enbio may bring an action against the consumer only in the courts of the member state in whose territory the consumer is domiciled.