Standard business conditions

The standard business conditions regularize the formation of a contract, duties of the company ESOVita LIMITED and of the user as well as carrying out of concluded contracts between the user and the company ESOVita Limited.

Licencee informationen

ESOVita LIMITED
Crown House
37 High Street
East Grinstead RH19 3AF
West Sussex
United Kingdom

Registered in England and Wales
Company Nummer: 06051504
Telefax: 0044 2392 814 300

Telephone: 0049 6203 65513 Hotline

Purpose of the standard business conditions

Purpose of the standard business conditions is the regulation of the contract conditions for every contract which is concluded via the online-shop between the company ESOVita Limited (contractor) and the user of the online-shop (customer). The standard business conditions for every contract are valid in the relevant version at the time of formation of a contract.

1. Formation of a contract

The quotations in the online-shop are without obligation. By clicking the order button the user validates obligatory against the contractor his intention to buy the content of the shopping cart. The contract is concluded by declaration of the contractor after forwarding the order by the user. The declaration is send directly to the user after clicking the order button. This completes the formation of the contract.

2. Information duties

2.1 The user is obligated to make true particulars along his order. If data of the cuctomer have changed, especially name, address or e-mail-address, he/she is obligated to notify immediately the change to the contractor by e-mail to info@esovita.de or for registered customers with a trade account by changing the data in the customer area of the online-shop.

2.2 If the user omits this information or declares from the first false data, especially a false e-mail-address, the contractor is allowed, as far as a contract has been concluded, to withdraw from the contract. The withdrawal will be declared in written form. The written form is also preserved by sending an e-mail.

2.3 The contractor sends immediately after formation of a contract a confirmation e-mail with the customer data to that e-mail address which the customer has been declared during the order.

2.4 The customer is obligated to inform directly the contractor via e-mail (info@esovita.de) if the confirmation e-mail has not arrived him/her within 4 hours after formation of the contract.

2.5 The customer has to make sure that his e-mail account is accessible after the moment of formation of the contract and the reception of e-mail messages is not excluded according to forwarding, closedown or overfilling of the e-mail account.

2.6 The faultiness of data will be assumed, when an e-mail directed to the customer is undeliverable three times in a row or the service cannot be provided due to inaccurate address data.

3. Prices

3.1 All prices are final prices in Euro inclusive the legal value added tax. Applicable are those prices which are valid in the moment of order. Errors, modifications and omissions excepted. Books and touristic maps go under legal retail price maintenance and have to be calculated with the price valid at the day of delivery. Possible value added tax increase will also increase the prices by the additional tax. If there are exceptional offers, which hold for a specific period, the period will be pointed out explicitly.

3.2 Exceptional offers are valid while stock lasts. Subject to prior sale.

4. Data protection

4.1 Data of customers will be recorded and used exclusively for the transaction of orders. Legal basis therefore are corresponding data protection regulations of Bundesdatenschutzgesetz and of Teledienstedatenschutzgesetz.

4.2 Additional services (customer account, newsletter) demand agreement of the user according to the named laws.

4.3 Registered customers (with customer account): The user is obligated, to keep codeword and password safe and to deal with it in that way, that losing is excluded and third persons cannot get knowledge of it. In the case of losing the password the user is obligated to inform directly the contractor. This could be done via e-mail. The contractor will lock the access to the password protected area of the user immediately upon entry of the information. Cancellation of the lock will not be possible until a request in writing is send from the user to the contractor. A possible reregistration of the user will remain unaffected. If a third person has got knowledge of the codeword and / or password due to careless handling the user will be liable for the full amount of all orders done with the code- and password until the moment of entry of the losing notification.

If the user isn’t responsible for the knowledge of the codeword and / or password to a third person his liability is limited to 50 Euro.

4.4 To safeguard a safe transmission of the customer’s data the contractor uses the generally accepted SSL-standard (secure-socket-layer-technique). This sophisticated security standard possesses a key of at least 128-bit-length.

5. Right of revocation due to § 361a BGB

5.1 The customer is entitled to revocate the contract due to legal regulations. The extensive informations to exercise the right of revocation are available at any time for the user in the online-shop below the item revocation. Furthermore the user gets these informations by e-mail. There is no agreement on a unrestricted right to return within the meaning of § 361 b BGB. Sound recording media, videos and dvds are generally non-returnable. The contractor will only take articles back, which are soundness and in original packaging.

5.2 In the case of exercising the right of revocation the user has to bear the costs of reshipment, if the value is below 40,- € or in the case of a value beyond 40,- € if the customer hasn’t effected the whole consideration or a part payment in the moment of revocation. The contractor bears the costs of reshipment if the delivered goods don’t comply with the order.

6. Delivery of goods, performing services

6.1 The order is treated directly, not later than the very next working day upon entry to the contractor.

6.2 With handover of the goods to the delivery company the contractor has fulfilled his compulsory treaty indemnity and the risk of the delivery is transferred to the customer.

6.3 All services are performed directly to the customer, if there are no other agreements. If the service isn’t to perform via internet and the customer can not be found at the address as stated, the customer is in default with acceptance of delivery. Accordingly the customer has to compensate any additional expenditures of the contractor for the delivery.

6.4 The contractor hasn’t to perform the ordered service any more and is allowed to withdraw from the contract, if the customer doesn’t do his/her part to accept the delivery.

6.5 If the contractor doesn’t perform the ordered service in an acceptable period, the customer is allowed to withdraw from the contract.

6.6 In the case of unavailability of a service as specified in the contract the contractor reserves the right to perform a service of equal quality and price (products or service).

6.7 If the performance of a service of equal quality and price is not possible the contractor is allowed to cancel the contract and hasn’t to perform the ordered service. In this case the contractor is obligated to inform the customer directly about the unavailability and to refund already provided considerations of the customer immediately.

6.8 The paragraphs 6. and 8. apply only, if the contractor cannot account the unavailability of the ordered products of services and if the contractor hasn’t guaranteed the delivery or performing of the service to the customer.

6.9 The delivery of the ordered goods is a service of:

Ivarsson´s Produkte für´s Leben
Sophienstraße 31
69198 Schriesheim
Tel. 06203 / 655 13

7. Packing and shipping costs

7.1 All costs for packing and shipping bears the customer.

7.2 The contractor demands the following shipping costs:

Shipping inside of germany:

Shipping by DHL - insured parcel - EUR 4,50 free of charge beyond orders of EUR 60.-

Shipping outside germany, inside of EU:

Shipping by DHL - insured parcel - EUR 9,50

Shipping costs to other countries: Please contact the contractor.

Shipping costs for parcels of outstanding weight are calculated individually.

8. Payment

8.1 The invoice value is due for payment 10 days upon receipt of the invoice, if there is no other agreement.

8.2 If a recurring service is subject of the contract and if the customer has to make regular payments, the customer has to make these payments on the first of every month in advance. In case of cancellation payments in excess are repaid pro rata temporis to the customer.

8.3 The customer is automatically in default with payment, if the invoice isn’t paid within 10 days after receipt. In case of recurring services the customer is in default with payment, even without dunning letter, if he misses the regular date of payment.

8.4 In case of default the legitimate defaulted interest are charged.

8.5 The right of set-off is only entitled to the customer, if his counterclaims are legally established or if they are acknowledged by the contractor.

8.6 To exercise the right of retention is only allowed to the customer if his counterclaim belongs to the same contractual relationship.

8.7 Payment per direct debit: If the debit is dishonoured by the bank of the customer due to wrong account data, objection, missing debit coverage and the like, the contractor will pass the fee of EUR 12,- to the customer. In the case of return of goods the customer should not enter an objection, because the amount of the credit note will be transferred directly to his account after receipt and inspection of the goods.

9. Reservation of proprietary rights

The delivered goods remain property of the contractor until complete payment of the invoice, regardless of expiration of the cancellation period.

10. Warranty

10.1 The warranty follows the legal provisions according to the following regulations.

10.2 The customer is committed to examine immediately the received good(s) for damage and flaw(s). If he realises apparent flaw(s), he has to inform the contractor directly. If he fails to do so, he isn’t allowed to enforce his warranty claims due to this/these flaw(s) against the contractor furthermore.

10.3 The contractor isn’t liable for flaws whose occurrences are induced by the customer. This applies also to fair wear and tear. To exercise the right of revocation through the customer remains thereof unaffected.

10.4. In case of flaw(s) the conductor is authorised to a subsequent delivery or improvement of his own choice. If the subsequent improvement fails definitely or the subsequent delivery is also flawed the customer is allowed to demand the return of the good(s) by refund of the purchase price or to demand a reduction of the purchase price.

11. Liability

11.1 The conductor is absolute liable for malice and gross negligence of his employees, legal representatives and executive officers. The same applies to ensured attributes.

11.2 A formal guarantee for attributes of goods of services doesn’t exist. The description of goods and services are no formal guarantee of attributes. The contractor also ensures no attributes in the texts of the internet-shop.

11.3 The contractor is only liable for ordinary negligence if a primary obligation for achieving the purpose and performance of a contract is violated (cardinal obligation).

11.4 Claims out of c.i.c / pVV become time-barred within two years, regardless of foregoing terms of business.

11.5 The product liability law remains unaffected.

11.6 The foregoing terms of business apply also for vicarious agents and subcontractors of the contractor.

12. Continuing obligation, termination

12.1 If the contracting parties conclude a contract, which has a regular service or any other continuing obligation as subject, then the customer is authorised to terminate the contract for the first time at the end of 6 months with a cancellation period of one month to the end of the following month.

12.2 The right of the customer of extraordinary termination without notice at every time because of good cause remains unaffected of the regulation in paragraph 1. A good cause is particularly existent when one of the contracting parties strongly violates against her incumbent contractual obligation and a continuation of the contractual relationship is therefore unacceptable. Two written requests to comply to the contractual obligations have to precede the extraordinary termination.

13. Applicable legislation

Applicable is german legislation to the exclusion of CISG (United Nations Convention on Contracts for the International Sale of Goods).

14. Deviating terms of the customer

In the case of application of own standard business conditions by the customer, which deviate contentual from these standard business conditions, shall apply only the standard business conditions of the contractor.

Effective 01.07.2010

Right of revocation
Consumer (§ 13 BGB) have a legal right of revocation.

Revocation policy

You can terminate your contractual statement within two weeks without giving reasons in written form (e.g. letter, fax, e-mail) or – if the matter is disposed before the period has expired – by return of the matter. The period starts after receipt of this revocation policy in written form, but not before the customer’s reception of the product(s) (in case of regular delivery of similar products not before reception of the first partial delivery) and also not before fulfilment of our duty to supply information according to § 312c para. 2 BGB in conjunction with § 1 para. 1, 2 and 4 BGB-InfoV and our duties according to § 312e para. 1 sentence 1 BGB in conjunction with § 3 BGB-InfoV. To maintain the cancellation period it is adequate to send the revocation or the matter in time. The revocation should be addressed to:

ESOVita LIMITED
Crown House
37 High Street
East Grinstead RH19 3AF
West Sussex
United Kingdom

Registered in England and Wales
Company Nummer: 06051504
Telefax: 0044 2392 814 300

Consequences of revocation

In the event of a valid revocation, any mutually received services or products and any profit derived therefrom, if any, such as interest, shall be returned. In the event that you are unable to return the services or products received in their entirety or in part or only in a deteriorated state, then you will be liable to pay compensation to us accordingly. This does not apply with respect to goods being handed over in the event that such deterioration is exclusively due to your inspecting the goods as you would have been able to do in a retail shop. You may avoid the obligation for value replacement due to an impairment resulting from using the goods in accordance with their intended purpose, if you do not take possession of the item as if you were the owner and if you refrain from doing anything which might have an effect on the value of the item.

The right of revocation isn’t applicable if the products are made according to customer’s specification or clearly fitted to the individual needs of the customer or aren’t suitable for returning because of their condition. In addition the right of revocation isn’t applicable in the case of delivering audio- or videorecordings or software, if the delivered data media are unsealed or the outer package is removed. Also the right of revocation isn’t applicable to nutrition supplements, products for muscle formation and other dietary or common food, if its package is opened.

Products which are compatible for reshipment have to be returned at our risk. You have to bear the costs if the delivered product is according to your order and if the price of the returned items is below EUR 40 or, in the case of a price above EUR 40, if your consideration or a agreed partial payment is missing in the moment of revocation. Otherwise, the reshipment is exempt from charges for you. Products which aren’t compatible for shipment will be picked up at your address. Obligations for refunding of payments have to fulfilled within 30 days. The period starts for you with sending your revocation statement respective the product/item and for us with the receipt of it.

End of revocation policy