Conditions
GENERAL BUSINESS AND DELIVERY TERMS FOR ENTREPRENEURS
​
eco Ltd
Pelican Square 19
D-30177 Hanover, Germany
​
§ 1 Scope
1. The following general terms and conditions of business and delivery (GTC) are part of all current and future deliveries and services of the company eco GmbH (hereinafter referred to as "eco").
2. These terms and conditions apply exclusively to entrepreneurs, i.e. to natural or legal persons or partnerships with legal capacity, with whom a business relationship is entered into and who act in the exercise of a commercial or independent professional activity. A right of withdrawal is therefore excluded (see also Section 4 of these General Terms and Conditions).
3. With his order via fax, e-mail, telephone or via the Internet, the customer expressly acknowledges the content of these general terms and conditions and confirms that he has read them. Deviating and/or supplementary conditions of the customer do not apply unless eco expressly agrees to the validity of such conditions in writing.
4. The terms of delivery and payment are determined customer-specifically.
​
§ 2 Range of goods and conclusion of contract
1. The product range offered by eco on the Internet is, in the legal sense, a request for the customer to submit offers. All offers from eco are therefore non-binding and are subject to interim sale.
2. With his order, the customer submits an offer to eco to conclude a corresponding purchase contract.
3. eco accepts the customer's offer aimed at concluding the respective purchase contract by sending the goods to the customer and/or issuing a separate order confirmation.
4. The conclusion of the contract is subject to the correct and timely self-delivery by eco's suppliers. This only applies in the event that the non-delivery is caused by an obstacle for which eco is not responsible, in particular if a congruent hedging transaction is concluded with the supplier. The entrepreneur will be informed immediately about the non-availability of the service. The consideration will be refunded immediately if already provided.
5. We reserve the right to make technical changes to the goods and changes in shape, color and/or weight within reasonable limits.
6. If the delivery time is not met, the entrepreneur can set a grace period of at least 14 days in writing. After this period has expired without result, a further period of at least 10 days must be set. If this period of grace has also expired without result, the entrepreneur can withdraw from the purchase contract. A claim for damages does not come into play
consideration, unless the delay is due to intent or gross negligence on the part of eco or one of our vicarious agents.
​
§ 3 Purchase prices, order quantity, payment methods
1. The net purchase prices that are shown on the eco website at the time the offer is accepted apply.
2. If, after the conclusion of the contract, the acquisition and/or production costs for the deliveries from eco demonstrably change as a result of changes in raw material prices, labor and transport costs or taxes, levies and customs duties, eco is entitled to make a corresponding price change. The price change is limited to a maximum of 15% (fifteen percent).
3. eco delivers the goods plus the payment of the usual postal shipping costs. The prices for deliveries abroad are also dependent on freight and customs costs. They can be requested from the e-mail office@eco-gmbh.de.
4. eco issues an invoice with each delivery of goods. Payment to eco is made by bank transfer (payment in advance). We ask you to transfer the outstanding amount to the account details of eco stated in the invoice immediately after completing the purchase. Other forms of payment require the express written agreement of eco.
5. The buyer can only offset against eco’s payment claims with counterclaims that are undisputed, legally established, ready for a decision in the respective proceedings or with such counterclaims or establish a right of retention that is based on the same contractual relationship.
​
§ 4 No right of withdrawal, since sale exclusively to entrepreneurs
eco sells exclusively to tradespeople, a right of withdrawal is therefore excluded.
​
§ 5 Delivery, acceptance and transfer of risk
1. Delivery times are only approximate. The specification of a delivery time by eco is made to the best of its judgment and is extended appropriately if the buyer delays or fails to cooperate as required or agreed. Changes to the delivered goods initiated by the buyer also lead to a reasonable extension of the delivery period. Adherence to the deadline presupposes: the timely receipt of all documents to be supplied by the customer, the necessary approvals, compliance with the agreed terms of payment and other obligations. Furthermore, each delivery is subject to the proviso that eco itself is supplied in a timely and proper manner.
2. Claims for damages due to damage caused by delay or non-performance in the event of a delay in delivery or impossibility for which eco is not responsible are excluded, unless liability is mandatory in cases of intent or gross negligence.
3. The customer is obliged to accept the goods offered to him; otherwise the customer is in default of acceptance. If dispatch is delayed at the request of or through the fault of the customer, the goods will be stored at the risk and expense of the customer.
4. The risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon handover, in the case of mail-order sales upon delivery of the goods to the forwarding agent, to the carrier or to the person otherwise responsible for carrying out the shipment.
5. Transport and all other packaging and packaging materials will not be taken back. The customer is obliged to dispose of the packaging at his own expense.
6. Events of force majeure entitle eco to postpone delivery for the duration of the hindrance or to withdraw from the contract because of the part that has not yet been fulfilled, without the customer having any claims for damages. Force majeure is equivalent to all circumstances for which eco is not responsible and which make delivery impossible or unreasonably difficult for eco, such as strikes, lockouts, blockades, import and export bans, traffic closures, official measures, energy and raw material shortages , regardless of whether they occur at eco or at eco's suppliers or sub-suppliers. In these cases, the customer is entitled to withdraw from the contract insofar as he is no longer interested in the full or partial delivery that is still outstanding due to the delay.
​
§ 6 Warranty
1. The buyer must inspect the goods immediately upon receipt and notify eco in writing of any recognizable defects or incorrect deliveries immediately, but no later than within one week of receipt. Otherwise the assertion of warranty claims is excluded. The object complained of must be carefully packed with an exact description of the defect and sent to eco for inspection free of charge. If this deadline is missed, warranty rights due to obvious defects are excluded. In the case of justified and timely complaints, the buyer will receive a repair, a free exchange of goods or a goods credit against return of the goods, at our discretion. If rectification and exchange of goods are not possible or unreasonable, the buyer can withdraw from the contract. During the subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the buyer are excluded.
2. The warranty is limited to six months. No warranty is given for rechargeable batteries or similar energy storage devices, unless a defect was already present when the risk passed to the buyer. The buyer bears the burden of proof for the existence of such a defect.
3. eco assumes no liability for damage caused by unsuitable or improper use or treatment of the delivery item, incorrect assembly or commissioning by the buyer or third parties.
4. The buyer can only assert claims for damages due to a defect if subsequent performance has failed or eco has refused subsequent performance. The assignment of any claims for damages by the buyer to third parties is excluded. performs
the manufacturer's guarantee, in case of doubt this is decisive for the scope of the guarantee. In this respect, eco assigns all claims against the manufacturer to the buyer.
5. eco is only liable for further claims and rights in cases of intent and gross negligence. Moreover, liability is excluded. In particular, eco is not liable for lost profits, missed savings and other indirect and/or consequential damages.
6. The delivery of special items or clearance goods takes place, provided a price reduction of at least 20% is granted, always to the exclusion of exchange or withdrawal rights as well as claims for defects due to known or obvious defects.
​
§ 7 Intellectual Property Rights
1. If a third party raises claims due to the infringement of an industrial property right or copyright by the goods delivered by eco, the customer must inform eco of this immediately. Under no circumstances may he acknowledge an infringement of property rights. eco exclusively reserves the right to take all defensive measures.
2. If the buyer sells or alters the goods in a way - including the addition of a trademark - that infringes the industrial property rights or copyrights of a third party, the buyer shall be solely liable for such infringement and shall indemnify eco from any resulting claims of the release third parties of any kind.
3. The buyer may not copy or imitate eco goods delivered to him. The same applies to all eco advertising materials or order documents. In the event of violations of this, eco can immediately terminate all contractual relationships, in particular withdraw from open purchase contracts.
​
§ 8 Retention of title
1. Delivery by eco is always subject to retention of title until full payment by the customer from all contracts.
2. The buyer is entitled to resell the goods from eco in the ordinary course of business. eco can revoke this right and take back delivered goods if the customer is in default of payment, files an application for the opening of insolvency proceedings or transfers his expectant right to the reserved goods to third parties. The taking back of the goods by eco does not constitute a withdrawal from the contract unless this is expressly declared in writing by eco. eco can freely sell the goods. The sales proceeds are to be offset against the liabilities of the buyer less reasonable sales costs.
3. The customer may neither pledge the delivery items nor assign them as security. In the event of attachments, confiscation or other dispositions by third parties, the customer must inform eco immediately and provide eco with all information and documents that are necessary to protect eco's rights. Enforcement officers or a third party must be informed of eco's property.
4. If the buyer is completely or partially in arrears with several payments, he shall provide his
If payments are made or if insolvency proceedings are opened against his assets, the buyer may no longer dispose of the goods subject to retention of title. In such a case, eco is entitled to withdraw from the contract without having to set a deadline for the provision of services beforehand. A demand for return only counts as withdrawal from the contract if eco expressly declares this. If the goods subject to retention of title are finally taken back, the buyer will be credited with the current price at the time of taking them back or the proceeds from the sale, with a deduction of 10% for the costs incurred as part of the taking back and sale.
5. The processing or transformation of the delivery item by the buyer is always carried out for eco. If the delivery item is processed or inseparably connected with other items that do not belong to eco, eco acquires co-ownership of the new item in relation to the value of the processed delivery item to the other processed items. If the connection is made in such a way that the buyer's item is to be regarded as the main item, it is agreed that the buyer transfers ownership to eco on a pro rata basis.
​
§ 9 Website
eco makes every reasonable effort to provide correct and complete information on its website. However, eco assumes no liability for the correctness and completeness of the information provided on its websites. The same applies to the content of external websites to which these pages refer directly or indirectly via hyperlinks and the content of which eco has no influence on.
​
§ 10 data protection
1. eco uses the collected customer data exclusively to process the order. All customer data is stored and processed by eco in compliance with the relevant provisions of the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG).
2. If the customer registers for the "eco newsletter", the customer's e-mail address will be used exclusively for advertising purposes.
3. The customer has the right to free information, correction, blocking and, if necessary, deletion of his stored data at any time. A corresponding request by the customer can be sent to the e-mail address of eco office@eco-gmbh.de or in writing to the company address given at the beginning of these General Terms and Conditions.
​
§ 11 Severability Clause
1. There are no ancillary agreements to these General Terms and Conditions. Changes and additions to these GTC must be in writing. This also applies to the regulation regarding the written form requirement.
2. Place of jurisdiction for all disputes arising from the contractual relationship between the customer and eco is Hanover.
3. The law of the Federal Republic of Germany applies. UN Sales Convention (CISG) does not apply.
4. Should a provision of these General Terms and Conditions be or become invalid, the remainder shall remain valid. Instead of the ineffective provision, that which the parties would have agreed upon in the knowledge of the ineffectiveness of the individual GTC clauses in order to bring about the economic success of this clause shall apply. The same applies in the case of loopholes.
As of January 2022