I. General Terms and Conditions
1. Basic Provisions
(1) The following terms and conditions apply to all contracts that you enter into with us as a provider (ESP Germany GmbH) for the website www.pumpmycar.com. Unless otherwise agreed, the inclusion of your own terms and conditions is rejected.
(2) Consumer in terms of the following rules shall mean any natural person who enters into a transaction for purposes which can be attributed neither to their commercial nor their independent business activity. Entrepreneur is any natural or legal person or a legal partnership, that, in concluding a legal transaction exercises their independent business or commercial activity.
2. Formation of Contract
(1) The object of the contract is the sale of goods.
Our offers on the Internet are not binding and they are no binding offer to conclude a contract.
(2) You may submit a binding offer to purchase (order) via the online shopping cart system.
The goods intended to purchase are placed in the "cart". By means of the appropriate button in the navigation bar, you can call the "shopping cart" and then make changes at any time.
After proceeding to checkout on the one step checkout page you can enter the personal information, the payment and shipping terms and your order data will be finally displayed on the “Review your order” box.
Before submitting the order, here you have the possibility to check all the details again and to change them (also using the "backwards" function of the Internet browser) or cancel the purchase.
By sending the order via the "Place order now" button, you submit a binding offer with us.
(3) The acceptance of the offer (and therefore the conclusion of the contract) is made immediately after the order by confirmation in writing (for example, e-mail), in which the acceptance of the order or delivery of the goods is confirmed (confirmation of order).
If you have not received a corresponding message, you are no longer bound to your order. Services which have already been rendered will be returned immediately in this case.
(4) Your requests for the creation of an offer are not binding on you. We submit a binding offer to you in writing (for example, e-mail), which you can accept within 5 days.
(5) The completion of the order and the transfer of all information necessary in connection with the contract is concluded via email partially automated. You are required, therefore, to ensure that your e-mail address which you submitted to us is correct, the receiving of emails is technically assured and especially not inhibited by SPAM filters.
3. Right of retention, retention of title
(1) You can only exercise a right of retention as far as it concerns claims arising from the same contract relationship.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur, the following also applies:
a) We reserve the title to the goods until full payment of all claims from the ongoing business relationship is done. Before transfer of ownership of the retained goods, a pledge or security agreement is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, you will assign to us all claims in the amount of the bill that will accrue from the resale, we accept the assignment. You are also authorized to collect the receivable. Unless you meet your payment obligations incorrectly, we reserve the right, however, to collect the receivable ourselves.
c) In zonnection and mixing of the retained goods we acquire joint ownership of the new item in proportion of the invoice value of the retained goods to the other processed items at the time of processing.
d) We undertake to release the securities we are entitled to, at your request, insofar the realizable value of our securities exceeds the secured claims by more than 10%. The choice of the securities to be released belongs to us.
(1) There are the statutory warranty rights.
(2) If you are an entrepreneur, the following applies notwithstanding paragraph 1:
a) As a condition of the goods, only our own specifications and the manufacturer's product description applies as agreed, but no other advertising, promotions and public statements by the manufacturer.
b) You are required to inspect the goods immediately and with due attention in terms of the quality and quantity and to notify us of obvious defects in writing within 7 days of receipt of the goods, the timely dispatch is sufficient. This also applies to hidden defects found later, from the moment of discovery. In case of violation of the obligation of inspection and giving notice of defects, the assertion of warranty claims is excluded.
c) We shall remedy defects at our discretion by repair or replacement. If we fail to remedy the defect, you can demand reduction or withdraw from the contract according to your choice. After the unsuccessful second attempt, the remedial measures shall be construed as failed if a particular fact to the contrary does not appear from the nature of the item or the defect, or other circumstances. In case of repair, we do not have to bear the extra costs incurred by the shipment of the goods to a place other than the agreed place, provided that the shipment does not comply with the intended use of the goods.
d) The warranty period is one year from date of delivery. The shortened warranty period does not apply to us with attributable culpably caused damages like injury to life, body or health and gross negligence or intentionally caused damage or bad faith, as well as claims pursuant to §§ 478, 479 of the German Civil Code (Bürgerliches Gesetzbuch [BGB]).
(1) We shall be liable without limitation for damage resulting from injury to life, body or health. Further, we are liable without limitation in all cases of intent or gross negligence, fraudulent concealment of a defect, assumption of guarantee for the quality of the purchased item and in all other cases established by law.
(2) The liability for defects within the statutory warranty is based on the corresponding rules in our customer information (Part II) and General Terms and Conditions (Part I).
(3) If substantial contractual obligations are concerned, our liability for slight negligence is limited to typical, foreseeable damage. Material contractual obligations are material obligations arising from the nature of the contract and the breach of which would jeopardize the purpose of the contract and obligations which the contract imposes on us in its content to achieve the purpose of the contract, making the fulfillment of the proper execution of the contract possible and you may generally rely on the compliance therewith.
(4) In breach of minor contractual obligations, liability is excluded for slight negligence.
(5) The data communication via the Internet cannot be guaranteed with the current state of the art to be error-free and / or available at all times. We are liable to the extent neither for the continuous nor uninterrupted availability of the website and the services offered there.
6. Applicable law, place of performance and jurisdiction
(1) German law applies. For consumers only, this choice of law is applicable insofar as this does not withdraw the protection afforded by mandatory provisions of the law of the country of habitual residence of the consumer (favourability principle).
(2) The place of performance for all aspects of the business relationship with us and the place of jurisdiction is our seat as far as you are not aconsumer but a merchant, legal entity under public law or public legal special assets. The same is true if you have no general jurisdiction in Germany or in the EU or if the domicile or habitual residence at the time of arising of the claim is not known. The right to also appeal to the court in another jurisdiction remains unaffected.
(3) The provisions of the UN commercial right expressly do not apply.
II. Customer Information
1. Identity of the seller
ESP Germany GmbH
Lupinenstraße 7 A
2. Information about the conclusion of the contract
The technical steps to conclude a contract, the contract itself and the possibilities of correction are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. The contract language is English.
3.2. The full text of the contract is not stored by us. Before submitting the order via the online - shopping cart system, the contract data can be printed using the print function of the browser or they can be saved electronically. After receipt of the order with us, the order data, the information required by law for distance contracts and the terms and conditions are again sent to you via email.
3.3. In offer issues outside the online shopping cart system you will receive all contract data sent as part of a binding offer by e-mail, which you can print or save electronically.
4. Main features of the product or service
The essential characteristics of the goods and / or services can be found in the item description and additional information available online on our website.
5. Price and Payment Methods
5.1. The prices indicated in the respective offer and the shipping costs are total prices. They include all price components, including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They are accessed via a correspondingly designated button on our website or in the respective product description, they are shown separately in the course of the order process and are payable by you in addition, unless a delivery with no shipping costs is promised.
5.3. The payment methods available to you are included under a correspondingly labeled button on our website or in the respective product description.
5.4. Unless the individual payment methods indicate otherwise, the payment claims from the completed contract are immediately due for payment.
6.1. The delivery terms and conditions and any existing delivery restrictions can be found at a correspondingly labeled button on our website or in the respective product description.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold product during the shipment 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 indicated by the contractor, or a specified person to otherwise execute the dispatch.
Are you an entrepreneur, supply and shipment is at your risk.
7. Statutory warranty rights
7.1. The warranty for our goods is governed by the rules "Warranty" in our General Terms and Conditions (Part I).
7.2. As a consumer, you are required to check the goods immediately upon delivery for completeness, obvious defects and damage and to inform us and the shipper of your complaints as quickly as possible. If you fail to do so, this does not affect your statutory warranty claims.
These terms and conditions and customer information has been prepared by the specialist on IT law of the trading association and are permanently checked for legal compliance. The trading association Management AG guarantees the legal security of the texts and is liable in the event of warnings. More information can be found at: https://www.haendlerbund.de/agb-service.
8. Right to cancel
8.1. Consumers are entitled to the right of cancellation.
8.2 As a consumer you have the right to cancel this contract within 14 days without giving any reason.
The cancellation period will expire after 14 days (from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods).
To exercise your right to cancel, you must inform us (Tel.: +49 3818 6516 4343, E-Mail: firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. by email). You can use the attached model cancellation form (but it is not obligatory).
It is sufficient to send your communication concerning your desire to exercise the right to cancel before the cancellation period has expired, to meet the cancellation deadline.
8.3 Effects of cancellation
8.3.1 If you decide to cancel this contract, we will reimburse to you all payments received from you (except for the supplementary costs arising if you chose a delivery type other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
In case of reimbursement, we make the without undue delay, and not later than –
(a) 14 days after the day we receive back any goods supplied from you, or
(b) if there were no goods supplied, 14 days after the day on which we are informed about your decision to make cancelation of this contract.
We will make the reimbursement using the same payment methods as you used for the initial transaction, unless you have expressly agreed to make it otherwise; in any event, as a result of the reimbursement, you will not incur any fees.
8.3.2 We will provide you with a free return label for returns from the European Union (excluded areas with special tax and customs special regulations), Switzerland, as well as from the United States of America.
8.4 General information: Please make sure to prevent damage to and contamination of the goods. If possible, return the goods, in the original packaging with all packaging components and accessories. Please use protective outer packaging, if it is necessary. Use suitable packaging providing adequate protection against potential transport damage, if you no longer possess the original packaging. Note that the above General information is not a precondition for effectively exercising your right of cancelation.
8.5 Cancellation form: If you decide to cancel this contract, please complete and submit this form . Alternatively you can copy the withdrawal form, which you can see below. Fill it in and send it back to us, please:
ESP Germany GmbH
Lupinenstraße 7 A
I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods
Ordered on / received on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
9) Price and Delivery Costs
9.1 Prices indicated are end prices and include the statutory value-added tax, unless otherwise stated in the product descriptions. In the respective product description are specified separately any possible additional delivery and dispatch costs.
9.2 For deliveries to countries outside the European Union, additional costs may arise. This is beyond the Seller’s control. The additional costs shall be borne by the Client. Such costs are money transfer costs (exchange rate charges, transfer fees) or customs duties or import taxes, for example.
9.3 Payment can be made choosing one of the payment methods mentioned in the Seller’s online shop.
9.4 payment shall be due immediately upon conclusion of the contract, if payment in advance has been agreed upon.
10) Shipment and delivery conditions
10.1 Generally , goods are delivered on dispatch route and to the delivery address indicated by the Client, unless Client and Seller agreed otherwise.
10.2 If delivery to the Client should not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch. If the Client is not responsible for the event that entails the impossibility of delivery, this shall not apply. If he/she has been temporarily impeded to receive the ordered goods, this shall not apply too (unless the Seller has given notice to the Client in an adequate period of time prior to the delivery).
10.3 The risk of accidental deterioration and accidental destruction of the sold goods shall in principle be transferred to the Client when he/she comes into the physical possession of the Client or a person identified by the Client to take possession of the goods. Should the Client act as a trader, the risk of accidental destruction and deterioration in the event of a sale by dispatch shall be transferred upon delivery of the goods to a qualified transport person at the Seller's place of business.
10.4 In the event of incorrect or improper self-supply the Seller reserves the right to withdraw from the contract. This applies only if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client without delay and Client`s payments will be immediately refunded.
10.5 For logistical reasons collection by the Client is not possible.
11) Online dispute resolution information
The EU Commission provides on its website the following information to the ODR platform: https://ec.europa.eu/consumers/odr
The trader is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
Last updated: 27/01/2020