Terms

General Terms and Conditions

General Terms and Conditions of Essendia e.U.

1 Applicability to entrepreneurs and definitions of terms

(1) The following General Terms and Conditions apply to all deliveries between us and a consumer in their version valid at the time of ordering.

The consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to his commercial or independent professional activity (Section 13 of the German Civil Code).

2 Conclusion of a contract, storage of the contract text

(1) The following rules on the conclusion of the contract apply to orders made via our Internet shop http://essendia.online .

(2) In the event of the conclusion of the contract, the contract shall be concluded with

Essendia e.U.
Mirza Prosicanovic
Gaudenzdorfer Belt 69/15
A-1120 Vienna
Register number 473142y
Register Court Commercial Court Vienna

achieved.

(3) The presentation of the goods in our internet shop does not constitute a legally binding contract offer on our part, but is only a non-binding request to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer for him to conclude a purchase contract.
(4) Upon receipt of an order in our internet shop, the following regulations apply: The consumer makes a binding contract offer by successfully going through the order procedure provided for in our internet shop.

The order is made in the following steps:

1) Selection of the desired goods
2) Confirm by clicking on the “Order” buttons
3) Checking the information in the shopping cart
4) Actuation of the button “to the checkout”
5) Registration in the Internet shop after registration and entering the applicant information (e-mail address and password).
6) Re-examination or correction of the respective entered data.
7) Binding dispatch of the order by clicking on the button “Order for a fee” or “buy”

Before submitting the order in a binding manner, the consumer can return to the website, where the customer’s details are recorded and correct input errors or cancel the ordering process by closing the internet browser. We confirm receipt of the order immediately by means of an automatically generated e-mail (“Order Confirmation”). With this we accept your offer.

(5) Storage of the contract text for orders via our internet shop : We send you the order data and our gtcism by e-mail. You can also view the Terms and Conditions at any time under https://www.essendia.online/agb. For security reasons, your order data is no longer accessible via the Internet.

3 Prices, shipping costs, payment, due date

(1) The prices quoted include the statutory value added tax and other price components. In addition, there are possible shipping costs.

(2) The consumer has the possibility of payment by prepayment, cash on delivery, direct debit, PayPal, credit card ( Visa, Mastercard, American Express ) .

(3) If the consumer has chosen the payment in advance, he undertakes to pay the purchase price immediately after the conclusion of the contract.
Insofar as we deliver by cash on delivery, the due date of the purchase price claim occurs upon receipt of the goods.

(4)

In cooperation with
Klarna Bank AB (publ)
, Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:

  • Invoice: The payment period is [14] days from the dispatch of the goods/ticket/ or, in the case of other services, the provision of the service. The full accounting conditions for the countries in which this payment method is available can be found here:
    Germany
    ,
    Austria
  • Installment purchase: With Klarna’s financing service, you can pay for your purchase in fixed or flexible monthly instalments on the terms specified in the cashier. The instalment payment is due at the end of each month after klarna has sent a monthly invoice. For more information on the installment purchase, including the General Terms and Conditions and the European Standard Consumer Credit Information for the countries where this payment method is available, please click here (only available in the countries indicated):
    Germany
    ,
    Austria
    ,
  • Immediate transfer: Available in Germany, Austria. The debiting of your account will take place immediately after placing the order.
  • Direct debit: The debit is made after the shipment of the goods. The time will be communicated to you by e-mail.
  • Credit card (Visa/Mastercard): Available in Germany. The charge will be made after dispatch of the goods or tickets / availability of the service or in the case of a subscription according to the times communicated.
  • [PLEASE ADJUST ABOVE AND BELOW IN ACCORDANCE WITH THE PAYMENT METHODS USED]

The use of the payment methods invoice, installment purchase and direct debit requires a positive credit check. In this respect, we forward your data to Klarna for the purpose of address and credit check as part of the purchase initiation and execution of the purchase contract. Please understand that we can only offer you those payment methods that are permitted on the basis of the results of the credit check. More information and Klarna’s Terms of Use can be found
here
. General information about Klarna can be found
here
. Your personal data will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information provided in Klarna’s privacy policy.

4 Delivery

(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for dispatch immediately. Delivery takes place here at the latest within 3 working days. In the case of payment in advance, the deadline for delivery begins to run on the day after the payment order to the bank responsible for the transfer and for all other payment methods on the day after the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.

(2) The risk of accidental loss and accidental deterioration of the sold item shall not pass to the buyer until the goods are handed over to the buyer, even when the goods are purchased.

Section 5 Retention of title

We reserve ownership of the goods until full payment of the purchase price.

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Section 6 Customer’s right of withdrawal as a consumer:

Right of withdrawal for consumers

Consumers are entitled to a right of withdrawal in accordance with the following conditions, whereby the consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to their commercial or independent professional activity:

Cancellation

Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

In order to exercise your right of withdrawal, you must contact us

Essendia e.U.
Mirza Prosicanovic
Gaudenzdorfer Belt 69/15
A-1120 Vienna
Email office@essendia.at

by means of a clear statement (e.B. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undisclosed and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment.

We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.

You bear the direct costs of returning the goods. Customers are asked to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the possession of the buyer, other suitable packaging should be used to ensure sufficient protection against transport damage and to avoid any claims for damages due to damage caused by defective packaging.

End of the revocation instruction

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Section 7 Withdrawal Form

Sample withdrawal form

(If you want to cancel the contract, please fill out this form and send it back.)

To:
Essendia e.U.
Mirza Prosicanovic
Gaudenzdorfer Belt 69/15
A-1120 Vienna
Email office@essendia.at

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

_____________________________________________________

Ordered on (*)/received on (*)

__________________

Name of the consumer(s)

_____________________________________________________

Address of the consumer(s)

_____________________________________________________

Signature of the consumer(s) (only in case of communication on paper)

__________________

Date

__________________

Exclusion of the right of withdrawal The right of withdrawal exists in the case of contracts for the delivery of goods – which are made according to customer specifications or are clearly tailored to the personal needs – which, due to their nature, are not suitable for a return, which can quickly spoil or whose expiry date has been exceeded – which contain audio or video recordings, provided that the supplied data carriers have been unsealed by you.

Section 8 Warranty

The statutory warranty regulations apply.

Section 9 Contract Language

Only German is available as the contract language.

Status of the General Terms and Conditions Mar.2019

Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:

Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.