GTCs

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Fofo & Nobre Lda) through the website www.essently.com. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§ 2 Formation of the contract

(1) The subject of the contract is the sale of goods.

(2) Already with the placement of the respective product on our website, we submit a non-binding offer to conclude a contract under the terms and conditions stated in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the “shopping cart”. Using the corresponding button in the navigation bar, you can call up the “shopping cart” and make changes there at any time.
After calling up the “Checkout” page and entering the personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online store or you will first be redirected to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online store to the order summary page.
Before sending the order, you have the opportunity to check all the information again, change it (also using the “back” function of the Internet browser) or cancel the purchase.
By sending the order via the “buy” button, you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

• 3 Right of retention, reservation of title

  (1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

  (2)  The goods remain our property until full payment of the purchase price.

  (3) If you are an entrepreneur, the following shall apply in addition:

  a) We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, a pledge or transfer of ownership by way of security is not permitted.

  b) You may resell the goods in the ordinary course of business. In this case, you already now assign to us all claims in the amount of the invoice amount accruing to you from the resale; we accept the assignment. You are further authorized to collect the claim. However, insofar as you do not properly fulfill your payment obligations, we reserve the right to collect the claim ourselves.

  c) If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

  d) We undertake to release the securities to which we are entitled at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

  § 4 Warranty

  (1) The statutory rights of liability for defects shall apply.

  (2)As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will not affect your statutory warranty claims.

  (3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

  a)  Only our own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

  b)  In the event of defects, we shall, at our discretion, provide warranty through rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that such transport does not correspond to the intended use of the goods.

  c)  The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:

• for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
• insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
• in the case of items that have been used for a building in accordance with their customary use and have caused its defectiveness;
• in the case of statutory rights of recourse that you have against us in connection with rights arising from defects.

5 Choice of law

(1) Portuguese law shall apply. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

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II. customer information

1. Identity of the seller

Fofo & Nobre Lda

Largo do Bombeiros Voluntários

Espaco CoWorking

6250-056 Belmonte

Portugal

Phone: +351 966 188 486

E-mail: info@essently.com

VAT number: PT 516 402 692

Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr.

2. information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations “Conclusion of the Contract” of our General Terms and Conditions (Part I.).

3. contract language, contract text storage

3.1. Contract language is German.

3.2. The complete contract text is not stored by us. Before sending the order via the online shopping cart system  , the contract data can be printed out or electronically saved using the browser’s print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.

3.3. In the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer sent in text form, e.g. by e-mail, which you can print out or save electronically.

4. essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. prices and payment methods

5.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you additionally, unless free shipping is promised.

5.3. If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you. Any costs incurred for the transfer of funds shall also be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

5.4. The payment methods available to you are shown under a correspondingly designated button on our Internet presence or in the respective offer.

5.5. Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. delivery conditions

6.1. The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a correspondingly designated button on our Internet presence or in the respective offer.

6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

If you are an entrepreneur, the delivery and shipment is at your risk.

7. statutory liability for defects

Liability for defects shall be governed by the “Warranty” provision in our General Terms and Conditions Part I