General terms and conditions
**Article 1 - Definitions**
In these terms and conditions, the following words shall have the following meanings:
- **Right of Withdrawal**: the period during which the consumer can exercise the right to withdraw from the contract;
- **Consumer**: a natural person not acting in the exercise of a profession or business and who enters into a contract with an entrepreneur;
- **Day**: calendar day;
- **Durable Data Carrier**: any means that allows the consumer or the entrepreneur to store information in a way that permits future consultation and unchanged reproduction of the stored data;
- **Right of Withdrawal**: the option for the consumer to withdraw from the distance contract within the cooling-off period;
- **Entrepreneur**: a natural or legal person who offers products and/or services to consumers at a distance;
- **Distance Contract**: a contract in which, as part of a system organized by the entrepreneur for distance sales of products and/or services, only one or more means of distance communication are used up to and including the conclusion of the contract;
- **Means of Distance Communication**: a method that can be used to conclude a contract without the consumer and the entrepreneur being in the same room simultaneously;
- **General Terms and Conditions**: the current general terms and conditions of the entrepreneur.
**Article 2 - Identity of the Entrepreneur**
Email address: info@essito.com
Chamber of Commerce number: available upon request
VAT number: available upon request
**Article 3 - Applicability**
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
The text of these general terms and conditions will be made available to the consumer before the contract is concluded. If this is not reasonably possible, it will be indicated before the conclusion of the contract that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge upon request.
If the contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous clause, be made available to the consumer electronically in a way that allows the consumer to store them easily on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent electronically or by other means free of charge upon request.
If, in addition to these general terms and conditions, specific product or service terms apply, the second and third clauses of this article shall apply accordingly, and in the event of conflicting conditions, the consumer may always invoke the provision most favorable to them.
If any provision in these general terms and conditions is at any time wholly or partially null and void or annulled, the remainder of the contract and these terms and conditions shall remain in force, and the relevant provision will be replaced by a mutually agreed provision that approximates the purpose of the original as closely as possible.
In cases not covered by these general terms and conditions, these shall be interpreted "in the spirit" of these general terms and conditions.
Ambiguities about the interpretation or content of any provision in our terms shall be interpreted in the spirit of these general terms and conditions.
**Article 4 - Offer**
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services, unless clearly intended for illustrative purposes only.
Obvious mistakes or errors in the offer do not bind the entrepreneur.
The offer also includes information on the rights and obligations associated with acceptance of the offer. This includes payment terms, delivery terms, return and refund policy, warranty provisions, and any limitations or exclusions.
By accepting the offer, the consumer commits to paying the agreed price and accepting the stated terms and conditions.
**Article 5 - Formation of the Contract**
The contract is formed when the consumer accepts the offer and meets the stipulated conditions, for example, by confirming the order or paying for the products/services.
The entrepreneur immediately confirms receipt of the acceptance of the offer electronically, for example, through an order confirmation by email.
If the contract is formed electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may seek information about the consumer necessary for the proper performance of the contract. The consumer is responsible for the accuracy and completeness of the provided information.
After the conclusion of the contract, the entrepreneur will process the order as soon as possible in accordance with the indicated delivery terms. The consumer receives an order confirmation and information regarding the delivery time.
**Article 6 - Right of Withdrawal**
The consumer has the right to dissolve the contract without giving any reason within 14 days after receiving the products or after entering into the service contract.
If the consumer wishes to exercise the right of withdrawal, they must inform the entrepreneur within the withdrawal period. This can be done in writing or electronically.
The consumer must return the products to the entrepreneur within 14 days after notifying them of the exercise of the right of withdrawal. The return shipping costs are borne by the consumer.
The entrepreneur will refund all payments from the consumer, including any delivery costs for the returned products, within 14 days after receiving the products or the consumer's confirmation of the return.
Certain products and services may be excluded from the right of withdrawal, such as:
- Products made to the consumer's specifications or personalized;
- Sealed products that are unsuitable for return due to health or hygiene reasons and whose seal has been broken after delivery;
- Audio or video recordings or computer programs whose seal has been broken by the consumer;
- Services with a specific duration, such as event or travel tickets, where the service must be delivered at a specific time or within a specific period.
The consumer must handle the products carefully and only unpack or use them as necessary to establish the nature, characteristics, and functionality of the products. The consumer is responsible for any reduction in value resulting from handling beyond what is allowed.
**Article 7 - Consumer Obligations During the Cooling-off Period**
During the cooling-off period, the consumer must handle the products and packaging carefully. The consumer may only unpack or use the products to the extent necessary to establish the nature, characteristics, and functionality of the products. The principle is that the consumer may handle and inspect the product as they would in a physical store.
If the consumer exercises the right of withdrawal, they must return the product with all included accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
In these terms and conditions, the following words shall have the following meanings:
- **Right of Withdrawal**: the period during which the consumer can exercise the right to withdraw from the contract;
- **Consumer**: a natural person not acting in the exercise of a profession or business and who enters into a contract with an entrepreneur;
- **Day**: calendar day;
- **Durable Data Carrier**: any means that allows the consumer or the entrepreneur to store information in a way that permits future consultation and unchanged reproduction of the stored data;
- **Right of Withdrawal**: the option for the consumer to withdraw from the distance contract within the cooling-off period;
- **Entrepreneur**: a natural or legal person who offers products and/or services to consumers at a distance;
- **Distance Contract**: a contract in which, as part of a system organized by the entrepreneur for distance sales of products and/or services, only one or more means of distance communication are used up to and including the conclusion of the contract;
- **Means of Distance Communication**: a method that can be used to conclude a contract without the consumer and the entrepreneur being in the same room simultaneously;
- **General Terms and Conditions**: the current general terms and conditions of the entrepreneur.
**Article 2 - Identity of the Entrepreneur**
Email address: info@essito.com
Chamber of Commerce number: available upon request
VAT number: available upon request
**Article 3 - Applicability**
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
The text of these general terms and conditions will be made available to the consumer before the contract is concluded. If this is not reasonably possible, it will be indicated before the conclusion of the contract that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge upon request.
If the contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous clause, be made available to the consumer electronically in a way that allows the consumer to store them easily on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent electronically or by other means free of charge upon request.
If, in addition to these general terms and conditions, specific product or service terms apply, the second and third clauses of this article shall apply accordingly, and in the event of conflicting conditions, the consumer may always invoke the provision most favorable to them.
If any provision in these general terms and conditions is at any time wholly or partially null and void or annulled, the remainder of the contract and these terms and conditions shall remain in force, and the relevant provision will be replaced by a mutually agreed provision that approximates the purpose of the original as closely as possible.
In cases not covered by these general terms and conditions, these shall be interpreted "in the spirit" of these general terms and conditions.
Ambiguities about the interpretation or content of any provision in our terms shall be interpreted in the spirit of these general terms and conditions.
**Article 4 - Offer**
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services, unless clearly intended for illustrative purposes only.
Obvious mistakes or errors in the offer do not bind the entrepreneur.
The offer also includes information on the rights and obligations associated with acceptance of the offer. This includes payment terms, delivery terms, return and refund policy, warranty provisions, and any limitations or exclusions.
By accepting the offer, the consumer commits to paying the agreed price and accepting the stated terms and conditions.
**Article 5 - Formation of the Contract**
The contract is formed when the consumer accepts the offer and meets the stipulated conditions, for example, by confirming the order or paying for the products/services.
The entrepreneur immediately confirms receipt of the acceptance of the offer electronically, for example, through an order confirmation by email.
If the contract is formed electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may seek information about the consumer necessary for the proper performance of the contract. The consumer is responsible for the accuracy and completeness of the provided information.
After the conclusion of the contract, the entrepreneur will process the order as soon as possible in accordance with the indicated delivery terms. The consumer receives an order confirmation and information regarding the delivery time.
**Article 6 - Right of Withdrawal**
The consumer has the right to dissolve the contract without giving any reason within 14 days after receiving the products or after entering into the service contract.
If the consumer wishes to exercise the right of withdrawal, they must inform the entrepreneur within the withdrawal period. This can be done in writing or electronically.
The consumer must return the products to the entrepreneur within 14 days after notifying them of the exercise of the right of withdrawal. The return shipping costs are borne by the consumer.
The entrepreneur will refund all payments from the consumer, including any delivery costs for the returned products, within 14 days after receiving the products or the consumer's confirmation of the return.
Certain products and services may be excluded from the right of withdrawal, such as:
- Products made to the consumer's specifications or personalized;
- Sealed products that are unsuitable for return due to health or hygiene reasons and whose seal has been broken after delivery;
- Audio or video recordings or computer programs whose seal has been broken by the consumer;
- Services with a specific duration, such as event or travel tickets, where the service must be delivered at a specific time or within a specific period.
The consumer must handle the products carefully and only unpack or use them as necessary to establish the nature, characteristics, and functionality of the products. The consumer is responsible for any reduction in value resulting from handling beyond what is allowed.
**Article 7 - Consumer Obligations During the Cooling-off Period**
During the cooling-off period, the consumer must handle the products and packaging carefully. The consumer may only unpack or use the products to the extent necessary to establish the nature, characteristics, and functionality of the products. The principle is that the consumer may handle and inspect the product as they would in a physical store.
If the consumer exercises the right of withdrawal, they must return the product with all included accessories and, if reasonably possible, in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.