Allgemeine Geschäftsbedingungen

General Terms and Conditions

§ 1 Formation of Contracts / Offers

The company ETARI GmbH processes your order based on the following General Terms and Conditions (GTC). Purchase contracts are concluded through the supplier’s order confirmation. This can be replaced by the invoice for the delivered goods. We do not recognize any provisions deviating from these terms. Special agreements are only valid if confirmed in writing by us.

The following GTC apply to consumers as defined in § 13 of the German Civil Code (BGB).

Our information regarding goods and prices in the context of the offer or order process is non-binding and subject to change. The purchase contract for the item(s) you select is concluded when we accept your order by notifying you of the dispatch or delivery of the goods. In the event of the unavailability of the product, we are not obliged to perform. We are committed to informing the customer immediately in cases of unavailability and refunding any customer payments without delay. In such cases, a purchase contract has not been concluded. If items are partially available, you will receive a corresponding notification asking whether you wish to conclude the contract for the partial delivery. Based on your response, a purchase contract will be concluded accordingly.

The stated price in the online shop is the final price for Germany and the EU (including VAT). This does not apply to tax-free intra-community deliveries for entrepreneurs as defined in § 14 BGB located in the EU or third countries.

§ 2 Changes to the Contractual Object

Construction and design changes resulting from technical improvements or legal requirements are reserved during the delivery period, provided the delivered item is not significantly altered and the changes are reasonable for the buyer.

§ 3 Delivery Deadlines / Partial Deliveries / Delay Damages

Delivery times are generally only approximately agreed upon. Agreed delivery deadlines only begin after the receipt of all documents and information required for executing the order and after fulfilling all usual obligations of the buyer, including payment of any requested deposits for B2B transactions.

The delivery period is extended for measures related to labor disputes or unforeseen obstacles beyond the supplier’s control, provided such obstacles significantly impact the production of the delivery item. This also applies to circumstances involving subcontractors. The delivery period is extended by the duration of such measures and obstacles. The aforementioned circumstances are not the supplier’s responsibility, even if they occur during the supplier’s delay.

Partial deliveries are permitted within the delivery periods, provided they do not disadvantage the buyer's usage.

Delay damages claimed by the buyer for late delivery are excluded unless the delay results from gross negligence or intentional misconduct.

§ 4 Right of Withdrawal

(Applies only to consumers as defined in § 13 BGB)

A consumer is any natural person (not a legal entity or business operator) who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity. For business operators, the German Commercial Code (HGB) applies.

Return Policy for Business Operators:
We grant the statutory right of return in distance selling only for transactions concluded by natural persons for purposes that are neither commercial nor independently professional. This right does not apply to business operators. If the customer is a business operator, correctly delivered and flawless goods generally cannot be returned or exchanged. If our customer service nevertheless agrees to a return upon the buyer’s request, we will charge a return fee of 20% of the goods' value. Returns must always be sent "free of charge." Packages sent "postage due" or with payment demands will not be accepted. A copy of the invoice must be included with the return.

Consumer Withdrawal Policy:
You have the right to withdraw from this contract within 14 (fourteen) days without providing any reason.

The withdrawal period is 14 (fourteen) days from the day you or a third party designated by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must inform us:

ETARI GmbH
Hoffeldstr. 207
D-70597 Stuttgart
Phone: +49 (0) 711 - 71 94 06 98
Website: www.etari.de
Email: info [@] etari.de

To
ETARI GmbH
Hoffeldstr. 207
D-70597 Stuttgart
Phone: +49 (0) 711 - 71 94 06 98
Website: www.etari.de
Email: info [@] etari.de

I/we () hereby withdraw from the contract concluded by me/us () regarding the purchase of the following goods () / the provision of the following service ()

Ordered on _____________ ()/Received on _____________ ()

Name of consumer(s): _____________________________Address of consumer(s): _____________________________

Date and signature (only for notification on paper)

(*) Delete as appropriate.

§ 5 Transfer of Risk

The risk of accidental loss or deterioration of the goods passes to the customer upon delivery to the appointed carrier.

Transport damages must be reported within 10 days of receiving the delivery, along with supporting evidence.

§ 6 Warranty and Guarantee

The supplier provides a warranty for defects in the delivered goods as follows:

Generally, statutory warranty rights apply to purchase contracts for new goods, with the following exceptions:

For subsequent performance claims, the supplier has the right to choose the type of subsequent delivery.

For obvious defects, the buyer must immediately notify the supplier by phone, fax, or email.

§ 7 Contract Termination for Business Operators (B2B)

A reservation with payment is considered a binding purchase contract.

Cancellation Policy: If the purchased item is not collected, 10% of the payment amount will be retained as compensation.

The supplier is entitled to terminate the contract in the following cases:

In the event of force majeure that prevents delivery.

If the supplier becomes aware of a significant deterioration in the buyer’s financial circumstances.

If the buyer ceases payments or if insolvency proceedings are requested or initiated over their assets.

If the buyer defaults on payment for a previous delivery.

Termination for the aforementioned reasons does not prevent the supplier from claiming damages for non-performance.

§ 8 Retention of Ownership / Insurance Obligation

The supplier retains ownership of the delivered goods until the full purchase price has been paid.

In the event of resale of goods delivered under retention of ownership, the buyer hereby assigns the claims arising from the resale to the supplier as security.

The buyer may not pledge or transfer as security the goods under retention of ownership.

In the event of third-party access to the goods under retention of ownership, the buyer is obliged to inform the supplier immediately.

§ 9 Prices, Payment, Packaging, and Shipping

Unless otherwise agreed, the supplier’s prices are ex-works and do not include packaging or shipping costs. VAT at the applicable rate is added to the prices.

Orders within and outside the country are only processed against advance payment.

In the event of default, interest on arrears of 11% p.a. and reminder charges of €6 in the first stage and €8 in the second stage will apply.

§ 10 Statute of Limitations

The statutory limitation period for claims for defects is reduced to one year for transactions outside consumer purchases and for used items in consumer purchases.

§ 11 Place of Fulfillment / Jurisdiction

The place of fulfillment is Stuttgart.

For all contracts with merchants and legal entities under public law, Stuttgart is agreed as the place of jurisdiction.

§ 12 Applicable Law

All contracts concluded with the supplier are subject to German law, even in cases involving international aspects.

§ 13 Severability Clause

Should any provision of this contract be invalid, the validity of the remaining provisions shall remain unaffected.