Terms & conditions

Table of Contents

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right to Cancel
  4. Prices and Payment Conditions
  5. Shipment and Delivery Conditions
  6. Granting Rights of Use for Digital Content
  7. Granting Rights of Use for License Keys
  8. Reservation of Proprietary Rights
  9. Warranty
  10. Liability
  11. Redemption of Gift Vouchers
  12. Redemption of Campaign Vouchers
  13. Applicable Law
  14. Place of Jurisdiction
  15. Code of Conduct
  16. Alternative Dispute Resolution
  1. 1. Scope of Application
    1. 1.1 These General Terms and Conditions (hereinafter referred to as GTC) of the company Esvitale GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
    2. 1.2 Regarding contracts for the delivery of vouchers, these GTC apply accordingly, unless expressly regulated otherwise.
    3. 1.3 For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
    4. 1.4 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.
    5. 1.5 A trader pursuant to these GTC is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
  2. 2. Conclusion of the Contract
    1. 2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but are merely descriptions which allow the Client to submit a binding offer.
    2. 2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket. The Client may also submit his offer to the Seller by telephone or e-mail.
    3. 2.3 The Seller may accept the Client’s offer within five days, - by transferring a written order confirmation or an order confirmation in written form (fax or e-mail), insofar as receipt of order confirmation by the Client is decisive, or - by delivering ordered goods to the Client, insofar as receipt of goods by the Client is decisive, or - by requesting the Client to pay after placing his order. The contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client's offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Client is no longer bound by his statement of intent.
    4. 2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE or, if the Client does not have a PayPal account, subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full#:~:text=You%20should% 20note%20that%20PayPal's,offer%20under%20the%20user%20agreement. If the Client pays by means of a method of payment offered by PayPal which can be selected in the online order process, the Seller hereby declares the acceptance of the Client's offer at the time when the Client clicks on the button concluding the order process.
    5. 2.5 If the Client chooses the payment method “Amazon Payments”, payments are processed by the payment service provider Amazon Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as „Amazon“) pursuant to the Amazon Payments Europe User Agreement, available at https://pay.amazon.eu/help/201212430. If the Client chooses “Amazon Payments” as payment method during the online ordering process, he, at the same time, makes a payment order to Amazon when initiating the payment transaction by clicking the button finalizing the ordering process. In this case, the Seller declares his acceptance of the Client’s offer at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.
    6. 2.6 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
    7. 2.7 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by attentively reading the information displayed on the screen. Use of the enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors. The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
    8. 2.8 The German and the English language are exclusively available for the conclusion of the contract.
    9. 2.9 Order processing and contacting usually take place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
  3. 3. Right to Cancel
    1. 3.1 Consumers are entitled to the right to cancel.
    2. 3.2 Detailed information about the right to cancel is provided in the Seller's instruction on cancellation.