General Terms of Business of the esogetics GmbH for Therapists

§ 1 Scope

1. These general terms of business (from now on GTB) are valid for any and all contracts through our homepage between us,

the esogetics GmbH, Hildastraße 8, 76646 Bruchsal
CEO : Markus Wunderlich
entered in the business registry of the Amtsgericht Mannheim under HRB 231881

and you as our customer. The GTB are valid, no matter whether you are a consumer, entrepreneur or merchant.

2. All agreements between you and us concerning the agreements made during the purchase of online products result from these general terms of business, our written order confirmation and our acceptance declaration.

3. The version  of the GTB that is valid during the completion of the contract shall be used for reference.

4. We do not accept any deviating conditions from our clients. That applies even when we do not explicitly oppose the inclusion.

5. These GTB are valid for the purchase of online products and apply exclusively to the use of these offers in the locked area of the internet site.


§ 2 Sequence of the Order Process for the Purchase of Online Products
 
1. To post an order the following technical steps need to be taken:
2. You establish a free user account in the locked area of our internet site.
3. You log into the locked area of our internet site with your user name and password.
4. You choose the product and place it into the shopping basket by clicking the button “buy now”.
5. You confirm that you have read the General Terms of Business and the information of the Cancellation Policy and that you agree. The final price including shipping costs is displayed. By clicking the button “order and payment” you deploy your legally binding order.
6. After the completion of the contract (§3) and receipt of your payment you will be granted access to the use of your online product.


§ 3 Completion of the Contract

a) The presentation and advertising of products of online products on our homepage does not constitute a binding offer to enter into a purchase contract.

b) By sending an order you are executing a legally binding order. You are bound to this order for the duration of two weeks after submission of the order; your right according to § 3, where appropriate, to cancel your order is not affected by this.

c) We shall immediately send you an email confirmation for the order received through our homepage. Such an email does not constitute a binding acceptance of the order, unless it states apart from the receipt also the acceptance.

d) A contract is only completed, when we accept your order through a declaration of acceptance or an activation.


§ 4 Cancellation Policy

1. If you are a consumer (which means a natural person, who makes the order for a purpose that belongs neither to a commercial nor a self-employed professional business) , then you have according to the law a cancellation right.

2. The cancellation policy consists of the rules that are listed in detail in the following Cancellation Policy Instruction.

Cancellation right
You may cancel your contract in written form (for instance letter, fax, e-mail) within 14 days without any reason, or - if the item has been given to you before the end of this period - you can also cancel by sending the item back. The period begins upon receipt of this policy in written form, but not before receipt of the goods by the recipient (in the case of recurring delivery of the same type of goods, not before receipt of the first installment), and also not before fulfilment of our information duties in accordance with Art. 246 § 2 in conjunction with § 1 Paragraphs 1 and 2 EGBGB (Introductory Law to the German Civil Code), as well as our duties in accordance with § 312 e Paragr. 1 Clause 1 BGB in conjunction with Art. 246 § 3 EGBGB. For compliance with the cancellation period, the dispatch of the cancellation or the item in due time is sufficient.
The cancellation is to be addressed to:
esogetics GmbH
Hildastrasse 8
D-76646 Bruchsal
Germany
info-de@esogetics.com
Telefax-Nr.: +49 (0) 72 51 / 800 144


Consequences of cancellation
In case of a valid cancellation, the services received by either side and the profits drawn (for instance interest) shall be refunded, or if applicable, be returned. If you are unable or partially unable to refund or return the service or usage (for instance benefits of use) to us, or you can only return it in an impaired condition, you have to pay an appropriate compensation according to the value. Compensation must only be paid for the impairment of the item and benefits derived, insofar as the uses or impairment of the item is attributable to use beyond the scope of testing the properties and functionalities of the item. "Testing the properties and functionalities" is understood to mean the testing and trying out of the item in question, as it would have been possible and usual in a retail shop.

- End of the cancellation policy instruction -

The cancellation right does not apply in long distance sale contracts
a)about the delivery of items, which have been customized to client specifications or which are unequivocally adapted to personal needs or which due to their nature do not lend themselves to return shipment or that could spoil quickly or whose expiration date has passed.
b)about the delivery of audio or video recordings or of software, if the delivered data carriers have been unsealed.


§ 5 Prices, Payment Options

1. All prices are final prices including the legal VAT.
2. Your activation is subject to prepayment.


§ 6 Terms of Payment and Compensation and Right of Retention

1. The purchase price has to be paid within two weeks after receipt of our bill at the latest.
2. You can choose to either send the purchase price to the bank account listed in our online shop, or you can send us a direct debit mandate or pay by credit card. In the case of a direct debit mandate or payment by credit card we shall arrange to debit your account at the soonest at the time stated in paragraph 1. An issued direct debit mandate is valid for future orders unless withdrawn.
3. You do not have the right to reckon anything against our claims, only if your counterclaims are legally sound and uncontested. You do also have the right to reckon against our claims, if you have enforce notices of defects or counterclaims from the same purchase contract.
4. As a buyer you can only exercise a right of retention, if your counterclaim originates from the same contract.


§ 7 Warranty

We are liable for material or legal defects of the online products according to the applicable legal rules.


§ 8 Liability

1.We are liable to you in all cases of contractual or non-contractual liability in the case of premeditation or gross negligence according to the legal statutes for compensation or refund of unnecessary expenditures.
2.In all other cases we are only liable - as far as it is not determined differently in paragraph 3 - if a clause of contract has been violated, the fulfillment of which was necessary to even complete the contract in an orderly manner and which as a customer you can regularly trust in (so-called cardinal duty), yet limited to the replacement for the predictable and typical damage. In all other cases subject to the rule in paragraph 3 our liability is excluded.
3.Our liability for damages from injury to life, body or health and according to the product liability law stays unaffected by the previously mentioned liability limitations and exclusions.


§ 9 Copyright

We hold the copyright to all images, films and texts, which are published in our online shop. A use of the images, films or texts without our express permission is not allowed.


§ 10 Applicable Law and Court of Jurisdiction

1. The applicable law is that the of the Federal Republic of Germany. If you have placed your order as a consumer, and your main place of residence is in a different country at the time of the order, the application of peremptory statutes of the country stays unaffected the choice of law in Clause 1.
2. If you are a merchant and your location at the time of the order is Germany, the exclusive court of jurisdiction is the location of the seller. Otherwise the applicable legal rules apply in regards to local and international jurisdiction.


§11 Information about Data Management

1. Within the frame of processing contracts we are collecting a customer’s data. We are paying close attention to the regulations of the federal data protection law as well as the tele-media law. Without a customer’s permission we shall only collect, process and use the master and use data that are necessary for the processing of the contractual relationship.
2. Without a customer’s permission we shall not use the data for the purpose of advertising, market or public opinion research.
3. Otherwise, concerning a customer’s permission and further information about the collection, processing and use of data, we refer to the data protection clause, which can be retrieved in printable form through the button “data protection” at any time.