Terms and Conditions
The Terms and Conditions set out below govern your use of our Online Store and thus distance selling. This includes all legal transactions and orders, you submit to us online, via mobile phone, fax or letter. The version of the Terms and Conditions valid at the time of your purchase controls the sales agreement. Special terms are only valid, if both, the Online Store and the customer agree on these special terms in writing.
II. Entering into a sales agreement
By placing an order and by the subsequent confirmation of Esbjerg you are entering into a legally binding sales agreement with the limited liability company „Esbjerg Walcher & Schönfeld Schönfeld GesmbH & Co. OHG“ hereafter referred to as Esbjerg or Online Store. The offers available at the Online Store are a non – binding proposal to purchase our products online. By ordering a product which is available at our Online Store you give your implied consent to submit a binding offer for the formation of a sales agreement. The Online Store is entitled to agree on this offer by sending you a confirmation of the order. All products of the Online Store are subject to prior sales. Persons under 18 years old need a confirmation of the legal guardian in order to purchase a product of the Online Store.
III. Refusal of order
We will immediately notify you, if we have to refuse your order or are incapable of providing our service. Any payments will be refunded. Unless not explicitly agreed on a certain date of delivery, any information about the delivery date is non-binding. If we cannot keep explicitly stated delivery dates (e.g. due to technical issues) we will inform you by telephone or mail about the expected new delivery date.
Products, which are available from stock, will be immediately delivered as long as stocks last. Orders, which have to be paid in advanced, will be shipped as soon as the respective amount of money has been transferred to Esbjerg’s account. The statutory period of delivery is 30 days. We deliver to Austria, to all member countries of the EU and globally. The estimated period of delivery is usually within 5 to 10 working days. Details of delivery time are non – binding, unless we confirmed an exact delivery date in writing. Products are delivered at your own risk and expanses. We are responsible to select the delivery method. If a product is currently not available from stock and thus the period of delivery will be longer than 2 weeks, we will notify you about the expected delivery time via e-mail (that only applies if you have given us your e-mail address beforehand). In the event of a delay in delivery caused by e.g. acts of Force majeure, interruption of traffic, acts of authorities, or any other events, which are not caused by the Online Store, the Online Store is not liable for those damages. The Online Store shall not be held to account for delays in delivery that have been caused due to a supplier’s fault or incapability of delivery.
V. Shipping constraints
Esbjerg reserves the right to ship only a restricted number of a product. If your order exceeds this number, Esbjerg will notify you via e-mail.
a. The legal regulations govern your claims against the Online Store in the case of damaged products.
b. As soon as you receive your order you are obligated to check if the product is damaged. In the event of a damaged product you shall immediately inform the Online Store about those damages. If you do not tell Esbjerg about the damages immediately after receipt, the product shall be deemed as accepted. In the event of a justified complaint you will either receive credit in the amount of the product’s value or a replacement. To the fullest extent permitted by law Esbjerg shall not be liable for any damages whatsoever, especially for compensation claims.
c. Defects caused due to your inappropriate use of the product or due to a behavior in breach of the contract do not count as damages. Information about the product supplied by the manufacturer determines possible inappropriateness and infringement of the contract. Esbjerg does not provide any warranty if you or any unauthorized third party repairs, tries to repair or modifies the product in any way.
d. You cannot claim any color deviation between the received product and the product depicted on the Internet.
VII. Right to return/Exchange
In accordance to § 5e Abs. 2 KSchG you may return the product within 14 working days (Saturday does not count as working day). The return period commences at the earliest upon receipt of your order. In order to keep the return period you only need to return the product or to send us your request on returning on time. The return will be at our own risk and expanses. The return or the request on return has to be made to:
Erik Esbjerg Walcher & Schönfeld GesmbH & Co. OHG
VIII. Right for withdrawal for German customers (according to the distance selling act BGB BGB (recently § 312e and § 357 Abs. 3 BGB)
Valid for orders on the Internet, that will be shipped.
a. Right of Withdrawal: You have the right to withdraw from this contract within 14 days without giving any reasons. You can either withdraw in written form (e.g. letter, fax, email) or by returning the product if you have received the product before the expiry of the withdrawal deadline. The deadline only commences after receipt of admonition in writing, but not before your receipt of the product (in case of subsequent deliveries of the same product, the deadline shall not commence before receipt of the first part delivery) and also not prior to performance of our duties of disclosure pursuant to article 246 § 2 in conjunction with § 1 article 1 and 2 EGBGB and to our duties pursuant to § 312g Absatz 1 Satz 1 BGB in conjunction with article 246 § 3 EGBGB. The timely sending of your withdrawal notification or the return of the product is sufficient for keeping the withdrawal term. You need to inform us about your decision to withdraw from the contract: Erik Esbjerg Walcher & Schönfeld GesmbH & Co. OHG Krugerstraße 7 A-1010 Wien Österreich Telefon: +43 – (01) – 513 1936 Email: [email protected]
b. Effects of withdrawal: In the event of effective revocation both parties shall return already delivered services and any benefits that may have been accrued (e.g. interest) shall be released. If you are either not able to return delivered products or benefits (benefits of use), parts of the product or only in a worsen condition you shall compensate that loss. Unless you only examine the service’s characteristics and manner of functionality, you do not need to compensate worsen conditions of services as well as accrued benefits due to that examination. Examining a product’s characteristics and manner of functionality implies testing and using the product in the same way, as it is usual and possible at the store. Any other damages shall be compensated by you. Products, which can be shipped by parcel, shall be returned at our risk. You are obligated to bear standard delivery costs if the delivered product corresponds to the ordered product and if the value of the returning product does not exceed 40€. You are also obligated to bear the standard delivery costs if the price of the product has been raised until your decision of withdrawal and you have not performed any consideration or a partial payment so far. Otherwise you will not bear any costs for the return. Products, which cannot be shipped by parcel, will be picked up from your home. You are obligated to fulfill any payments within 30 days. For you the period commences upon sending your notice of withdrawal or upon returning the product. For us the period commences upon the receipt of the notice of withdrawal or the returned product. – End of withdrawal admonition –
IX. Price of products and payment
a. All prices are final prices. If the delivery address is within the EU, the prices are inclusive of 20% VAT. If the delivery address is outside the EU, prices EXKL. 20% VAT
b. Final prices do not include costs for packaging and shipping. Shipping costs are calculated in accordance to the current shipping rates of the Österreichischen Post Aktiengesellschaft.
c. Permanent update of the Online Store determines the invalidity of previous stated information about price and characteristics of a product. The content of the Online Store may contain typographical errors or other errors or inaccuracies.
d. Product prices valid at the moment of your submission of an offer are decisive for the invoice.
e. The invoice consists of a product’s final price, of any shipping costs and the statutory VAT.
f. You agree that you will receive your invoices and any credits via email.
g. You can pay for products using common credit cards (MasterCard, Visa, Diners Club International, American Express), via Paypal, via “Sofortüberweisung” or by prepayment. Paying by cash on delivery is only possible within Austria. Unless there is no other written confirmation, exceptions are not valid.
X. Retention of title
Titles of products remain vested in Esbjerg until you paid the complete product’s price. If you do not pay on time, we reserve the right to withdraw your order. Unless expressly declared, this does not mean that you rescind the contract.
XI. Limitation of Liability
Provided there are no other issues, any further claims of the customer for any legal reason are excluded. Therefore Esbjerg shall not be liable for damages whatsoever that are not directly attributable to the ordered product. Esbjerg also shall not be liable for any customer’s loss of profit or other financial losses. Provided that Esbjerg’s contractual liability is excluded or limited, that as well applies for the personal liability of employees, sales representatives and agents. The above limitation of liability does not apply if the damages are caused by intent or gross negligence or in event of personal injury. This shall also not apply if the customer files legally regulated claims. Terms under product liability law remain unaffected. Unless the Online Store negligently breached a contractual obligation, the obligation to pay damages is limited to typical damages. As soon as you will receive the replacement you shall return the previous delivered product within 30 days. The Online Store will be responsible for the delivery costs. The damaged good shall be returned in accordance to the statutory provisions. Esbjerg reserves the right to claim damages in accordance to the statutory provisions. Statute of limitation is two years and starts upon delivery of the ordered product.
The entire content including external logos, pictures and graphics are property of the respective company and shall be subject to the respective licensor. Any pictures, logos, texts, stories, reports, scripts and programming codes, which were invented or processed by Esbjerg, shall not be copied or used without our agreement.
All rights reserved.
XIII. Partner Links
We are not responsible for content of partners websites, which are linked to ours and are not in our sphere of influence.
XIV. Google Analytics
You can refuse the use of Google Analytics by clicking on the following link. An opt-out cookie will be set on the computer, which prevents the future collection of your data when visiting this website:
Disable Google Analytics
Further information concerning the terms and conditions of use and data privacy can be found at http://www.google.com/analytics/terms/gb.html or at https://www.google.de/intl/en_uk/policies/. Please note that on this website, Google Analytics code is supplemented by “anonymizeIp” to ensure an anonymized collection of IP addresses (so called IP-masking).
XV. Google Remarketing
This website uses Google Remarketing, an advertising agent that is offered by Google Inc. (“Google”). Google Remarketing uses on your computer on the occasion of your use of www.esbjerg.com stored cookies to recognize your computer. Surfing then on sites in the Google Display Network, so be switched ads that match your use of www.esbjerg.com. The display of customized Google Display Network, you can disable via the Ads Preferences Manager or install the browser add-on for Google Analytics Opt.
The appropriate Viennese court has subject-matter jurisdiction over all disputes. The authoritative court for consumer transactions is defined by the consumer protection law Konsumentenschutzgesetz 1979 i.d. g. F. In the case that there are more than one possibility, the jurisdiction closest to Vienna will be in charge. Austrian law upon exclusion of the conflict of law rules governs disputes, which may evolve due to these legal circumstances. The United Nations Convention on Contracts for the International Sale of Goods shall not be applied.
XVII. Effectiveness of Terms and Conditions
By ordering any of our products, you agree to comply with the terms and conditions of Esbjerg’s Online Store. Invalidity of a single condition does not lead to the invalidity of the remaining terms and conditions. The invalid condition will be replaced by a condition which is closest to the invalid one as regards content and economy. Verbal agreements shall be confirmed in writing in order to be effective. Unless verbal agreements are confirmed in writing, they are not effective.
In the event of any discrepancies to the German version of these conditions and terms the German version of these Terms and Conditions shall prevail.