General Business Terms
A. General Business Terms
1. Scope and provider
1.1. The following General Business Terms (“Terms”) shall apply to all orders of goods, which are placed by consumers via the online shop of the company
EIS GmbH, Am Lenkwerk 3, 33609 Bielefeld, managing directors: Bojan Neumann, Bielefeld County Court HRB 38482 (hereinafter “EIS” or “we”, “us”).
1.2. Please read these terms carefully before submitting any order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract and what to do if there is a problem as well other important information. If you think there is a mistake in these terms, please contact us to discuss.
1.3. Consumers within the meaning of the law and these Terms are natural persons, with whom we enter into business relationships whose primary purpose for entering such business relationship is not due to a commercial or self-employed professional activity.
1.4. All deliveries and services that are provided by us within the scope of contracts, which were concluded via the online shop under the Internet domain: www.satisfyer.com, shall be exclusively carried out based on the following Terms in their version that is valid at the time when the order is placed.
1.5. Individual contractual agreements shall have precedence over these General Business Terms. No amendment to these Terms will be valid unless agreed to in advance by us.
1.6. The delivery territory are the following countries: Belgium, Bulgaria, Cyprus, Denmark, Germany, Estonia, Finland, France (without overseas departements), Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Swiss, Norway, the Czech Republic, Hungary and the United Kingdom.
2. Conclusion of contracts
2.1. We will accept the order automatically through the online shop system. The receipt of the order will be confirmed immediately in all cases. However, automated confirmation of receipt itself does not represent an acceptance of an order but merely a notification that we have received the order and it is being processed.
Confirmation of any order may be made separately or in connection with the notification that an order has been received. Once confirmation of any order is made, a contract will come into existence between you and us.
2.2. Where a confirmation of an order contain typing or printing errors or should the price advertised be incorrect due to transmission errors or for technical reasons, then we may be entitled to contest any confirmation of an order, so long as can prove the error. In this case, any payments made by you will be reimbursed immediately.
3. Delivery, reservation of the self-delivery and right of retention
3.1. The delivery will be carried out with the shipping service provider Hermes Europe.
We would like to point out that we only deliver within the delivery territory defined in Subclause 1.6 and for organisational reasons a refund of the value added tax by us is not possible.
3.2. Once the order is confirmed, we will endeavour to deliver the goods to you as soon as reasonably possible and in any event within 30 days after the day on which your order is accepted OR we will contact you with an estimated delivery date.
3.3. Any delivery charges shall be set out when you place the order and may vary depending where delivery is made.
3.4. Should not all ordered products be in stock we shall be entitled to make partial deliveries at the costs of the customer insofar as this is deemed reasonable by the customer.
3.5. We explicitly reserve the right to cancel the contract if we are not in a position to deliver the ordered product due to circumstances beyond our control. In this case we will inform you immediately about the inability to deliver the goods and will reimburse any payments which have already been paid to you immediately.
3.6. If there is a delay in the delivery owing to so-called force majeure, war, strike at our suppliers or natural disasters, we will inform you as soon as reasonably possible and will reserve the right to subsequently carry out the delivery immediately after the reason ceases to apply unless you wish to cancel the order, in which case we will reimburse any sums paid immediately.
4. Reservation of title
The delivered goods shall remain our property until full payment is received by us.
A pledge, assignment as collateral, processing or re-design is not permitted before the transfer of ownership without our explicit consent.
5. Shipment and payment
5.1. The statutory value added tax and other price components is included in all presented prices. All previous prices and other details concerning goods will become invalid when the websites are updated. The version that is valid at the time when the order is placed shall respectively be decisive.
5.2. We will not charge any shipping costs with the purchase and the subsequent standard shipment of our goods.
5.3. The payment of the goods ordered from our company will be carried out by credit card or by PayPal. We will debit your credit card immediately before despatching the ordered goods to you.
5.5. In the event of a rejected payment ,for which the customer is responsible, either due to insufficient funds or cancelled payment, you agree to bear all costs which we may incur as a result of the rejected payment.
5.6. Unless you are exercising the right to change your mind as per clause 6 below, if you reject the goods without good reason, you must return the goods to us using the address below. You will be liable for the costs of returning the products and we may deduct those costs from any refund provided to you. We will pay the costs of returning the products if the products are faulty or misdescribed or if you have a legal right to reject the product as a result of something we have done wrong.
6. Right To Change Your Mind
6.1. You have a right to revoke this contract and/or to change your mind for any reason within 14 days of the acceptance of your order.
In order to exercise your right of revocation you must inform us, using the following contact details
30559 Hannover / GERMANY
Phone: +49 800-4450000
Fax: +49 800-4460000
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) concerning your decision to change your mind. You can use the enclosed sample revocation form for this purpose, however this is not mandatory. It is enough that you send the notification about changing your mind before the expiry of the 14 day deadline.
Consequences of the revocation
If you change your mind, we will refund to you all payments, which we have received from you, including the delivery costs (with the exception of the additional costs, which arise from the fact that you chose another type of delivery than the most reasonably priced standard delivery offered by us) immediately and no later than within 14 days from the day, on which we received the notification about you changing your mind. We will use the same means of payment for this repayment that you used with the original transaction, unless explicitly otherwise agreed with you. In no way will you be charged fees for this repayment. We can refuse the repayment until the goods have been returned to us or until you have provided the proof that you have returned the goods – depending on which is the earlier time.
You have to return or hand over the goods to us immediately and, in any case, no later than within 14 days from the day, on which you inform us of you changing your mind. The deadline is deemed to be met if you send the goods before expiry of the deadline of 14 days.
You will bear the direct costs for returning the goods. You only have to pay for a possible loss in value of the goods if this loss in value is a result of a handling of the goods that is not necessary in order to examine the condition, properties and functionality of the goods.
You cannot change your mind in relation to sealed goods, which are not suitable for being returned due to reasons of health protection or hygiene, if their sealing was removed after delivery and in case of contracts for the delivery of sound or video recordings or computer software in a sealed packaging if the sealing was removed after the delivery.
You will find a sample revocation form here. If you have not installed a PDF reader on your computer you can download the free programme under the following link: https://get.adobe.com/reader/.
6.2. Please avoid damage and contamination to the goods. Please return the goods to us as far as possible in the original packaging with all accessories and with all packaging parts. If applicable use protective surrounding packaging. If you no longer possess the original packaging please ensure sufficient protection against damage in transit by using suitable packaging in order to avoid claims for damages owing to damages resulting from deficient packaging.
6.3. Please ensure sufficient postage is paid for the package in order to avoid a surcharge for receipt of the parcel. We will then refund you the postage costs immediately if these are not to be borne by you.
6.4. Please note that the compliance with clauses 6.2 and 6.3 is not required in order to exercise your right to change your mind.
7. Agreement regarding the exercising of the right to change your mind
Consumers within the meaning of the law and according to 1.2 of these General Business Terms may exercise their right of revocation of distance selling contracts by returning the goods. In order to effectively exercise the right to change your mind or revoke the contract, you must return the goods to us within the 14 day deadline and explicitly mark the goods with the return shipment so that we can identify it as a revocation.
If several goods are returned to us within one return shipment of goods then you must make it clear which of the returned goods is to be covered by the exercising of the right of revocation with distance selling contracts. If the goods are not marked when several goods are returned or if the returned goods are not marked or designated as a revocation then the right of revocation by a return shipment may not be effective, subject to any other means of revocation that you may use.
All statutory warranty provisions relating to the sale of goods shall apply. These warranties start once the goods have been delivered. Below is a summary of your key legal rights in relation to goods. Nothing in these Terms shall affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your product is goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
up to 30 days: if your goods are faulty, then you can get an immediate refund.
up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
9. Conditions for the redemption of gift vouchers
The following conditions shall apply to the redemption of gift vouchers (these are vouchers, which can be acquired as gift vouchers against payment of a charge):
- Gift vouchers can be redeemed for all or selected articles at EIS GmbH. However, further vouchers cannot be acquired by using these vouchers.
- Gift vouchers cannot be paid out in cash and will not bear interest either.
- Gift vouchers and their credits can only be redeemed before the completion of the order process. A subsequent offsetting is not possible.
- The purchase of a gift voucher can be cancelled if the goods voucher has not been redeemed yet. A gift voucher shall be deemed as redeemed if it was offset against an order in full or in part.
- If the value of the order exceeds the credit of the gift voucher the difference can be compensated for by using the available payment possibilities. Promotional campaign vouchers cannot be used for the purchase of gift vouchers.
- Several gift vouchers can be used with an order. Gift vouchers cannot be combined with promotional campaign vouchers.
- No liability will be assumed in case of loss, theft or illegibility, which was not caused by us in case of gift vouchers. We are also not liable in the event of a typing error when entering the e-mail address.
- The gift voucher is transferrable.
- The use of gift vouchers for public purposes is not permitted.
- The duplication, editing or manipulation of the gift vouchers is forbidden.
10. Conditions for the redemption of promotional campaign vouchers
The following conditions shall apply to the redemption of promotional campaign vouchers (this are vouchers, which are issued within the scope of advertising campaigns and are valid for a period of time within the scope of the advertising campaigns):
- The voucher has a stipulated period of validity
- The voucher cannot be paid out in cash
- The minimum order value shown on the respective voucher will apply.
- The voucher code may not be published
- The voucher cannot be combined with other promotional campaign vouchers
- The voucher cannot be offset against shipping costs
- No liability is assumed for printing errors
- A possible credit will lapse
- The voucher cannot be used to acquire gift vouchers
- The voucher can only be redeemed once per order of goods
- The voucher cannot be used with postage-free actions
- Should the purchase value be higher than the value of the voucher then the difference must be settled through another payment method
11.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products
11.2. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12. Final provisions
12.1. English law shall apply to the conclusion and the processing of all contracts and you may bring legal proceedings in respect of any products in the English courts.
12.2. The provisions of the UN Convention on Contracts for the Sale of Goods will explicitly not apply.
12.3. Should one or several regulations of these General Business Terms be invalid this shall not result in the invalidity of the entire contract. The invalid regulation will be replaced by the applicable statutory regulation.
13. Information relating to online dispute resolution (ODR Regulation) and Consumer Dispute Resolution Act (VSBG)
Information obligation according to the ODR Regulation
Online dispute resolution according to Art. 14 Par. 1 ODR Regulation: The European Commission has made a platform available for the online dispute resolution (OS).
More here: http://www.ec.europa.eu/consumers/odr
Information obligation according to the The Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015
EIS GmbH declares in advance that it is not willing to take part in any alternative or online dispute resolution proceedings before any approved ADR provider.
This shall in no way preclude the possibility of resolution of disputes by a particular ADR provider over the course of or during a specific dispute where both contractual parties agree.