Terms of service

Table of contents

1. Validity of the GTC

  1. The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between ekomia GmbH (hereinafter referred to as "Vendor") and the purchaser, who is hereinafter referred to as "Customer", of the Vendor's products, goods and services (hereinafter referred to as "Products" or "Goods").
  2. Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer's deviating terms and conditions.
  3. A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
  4. "Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2. Contact and service details

Please note the following information about the availability of our customer service:

  1. E-mail address: service@ekomia.de.
  2. Phone number: +49 30 41 76 19 72.
  3. Customer service availability: Weekdays from 10 am to 6 pm.

3. Ordering process and Conclusion of Contract

  1. The presentation of the products in the shop, on websites and in digital printed brochures or catalogues or comparable product presentations of the Vendor does not constitute a legally binding offer, but an invitation to place an order and thus the offer of the Customer.
  2. The Customer can select from the products offered in the Vendor's assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
  3. The Vendor may accept the Customer's offer within five days (hereinafter referred to as the "Acceptance Period"). The Acceptance Period begins with the completion of the order process by the Customer. The Acceptance Period begins with the completion of the order process by the Customer in the Shop (or, if designated, by means of other communication channels) and ends with the expiry of its last day. The Vendor may accept the Customer's offer by means of an explicit acceptance of the offer, also by e-mail. Acceptance may also be affected by dispatch of the goods and their receipt by the Customer within the Acceptance Period, as well as by a request for payment addressed by the Vendor to the Customer. In the event of several acceptance events, the earliest acceptance date shall be decisive. If the Vendor does not accept the Customer's offer within the Acceptance Period, no contract shall be concluded and the Customer shall no longer be bound by his/her offer.
  4. By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.
  5. Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as return to the shopping basket or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices).
  6. A contract between the Customer and the Vendor may also be concluded by e-mail. The Customer may transmit a binding offer to the Vendor by e-mail or, in the event of the transmission of a binding offer by the Vendor, accept it by e-mail.
  7. Customers are responsible for ensuring that the details they provide are accurate and for notifying any changes to the Vendor if they are necessary for the Vendor's fulfilment of the contract. In particular, Customers are responsible for ensuring that the e-mail and delivery addresses they provide are accurate and that any obstructions to receipt for which Customers are responsible are taken into account accordingly (e.g. by checking the spam folder of the email software used).

4. Contract Text and Contract Language

  1. The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.
  2. The contract languages are German and English, contracts can be concluded in these languages.

5. Prices and Shipping Costs

  1. Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).
  2. The delivery and shipping charges incurred in addition to the sales price will be notified or linked to the Customer in the respective product description and before the order is completed.
  3. Information page with details of delivery and shipping costs: https://ekomia.de/en/pages/lieferung.

6. Payment Methods and Terms

  1. Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
  2. When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
  3. The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
  4. If a payment is not made or reversed due to insufficient funds in the Customer's account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called "pre-notification").
  5. The following payment methods are available to Customers:
  6. Prepayment - If payment in advance by means of a bank transfer has been agreed, the payment amount shall already be due upon conclusion of the contract, subject to any express agreement to the contrary. The Vendor shall inform the Customer of his bank details. Delivery shall be made after receipt of payment. If the advance payment has not been received by the Vendor within 30 calendar days of sending the order confirmation, despite the due date, even after a renewed request, the Vendor shall withdraw from the contract with the consequence that the order shall lapse and the Vendor shall have no obligation to deliver. The order is then settled for the buyer and seller without further consequences.
  7. Credit card payment - When placing an order, Customers provide their credit card details. The Customer's credit card will be charged immediately after completion of the order and after the Customer's authorisation as the legitimate cardholder.
  8. Giropay - The use of Giropay requires an online banking account activated by paydirekt. The payment transaction is carried out on the basis of the Giropay conditions, which are also communicated to the customer as part of the ordering process. Further information: https://www.giropay.de.
  9. Klarna Sofortüberweisung (Sofort) - The payment is carried out using online banking data by the provider Sofort GmbH immediately after the order according to the conditions of Klarna Sofortüberweisung (which are also communicated to the Customer during the ordering process). Further information: https://www.klarna.com/sofort/.
  10. PayPal - The payment is made through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal") by means of the type of PayPal payment provided by the seller or selected by Customers. Customers are redirected directly to PayPal at the end of the order process. The terms of use of PayPal apply, which can be viewed at https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full and will be communicated to the Customer during the payment process.
  11. PayPal Express - The customer pays the amount owed by means of the PayPal transaction.
  12. Google Pay - The use of Google Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Google Pay, which are also communicated to the Customer during the ordering process. Further information: https://pay.google.com.
  13. Apple Pay - The use of Apple Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Apple Pay, which are also communicated to the Customer during the ordering process. Further information and conditions: https://www.apple.com/apple-pay/.

7. Purchase on account

If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.

8. Delivery, Availability of Goods

  1. The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
  2. In the case of goods delivered by means of a freight carrier, delivery shall be made "free kerbside", unless otherwise agreed. This means that delivery will be made to a public kerbside nearest to the place of delivery.
  3. Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
  4. If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, the Vendor may withdraw from the contract. In this case, the Vendor will inform the Customer without delay and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.

Promotional vouchers

  1. 9. "Promotion Vouchers" are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.
  2. Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.
  3. Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.
  4. Unless otherwise stated, the Promotional Vouchers issued to recipients may not be transferred to third parties.
  5. Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.
  6. Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.
  7. If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.
  8. If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.

10. Instructions on Withdrawal and Withdrawal Form for Consumers

For the purposes of these Instructions on Withdrawal, "Consumer" means any natural person who enters into a legal transaction for purposes which are predominantly outside his or her trade, business or profession.

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 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 last good.

To exercise the right of withdrawal, you must inform us (ekomia GmbH, Schlesische Str. 29/30, 10997 Berlin, Germany, E-mail-address: service@ekomia.de, Phone number: +493041761972) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of the Exercise of the Right of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

We will collect the goods at our own expense.

We will bear the costs of returning the goods if you use the return label provided by us. Otherwise, the direct costs of returning the goods are to be borne by you.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion or Premature Expiry of the Right of Withdrawal

  • The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual choice of or decision by the Consumer is decisive or which are made to the consumer’s specifications or are clearly personalised. These goods are marked with the note “Custom" on the respective product pages.

Model Withdrawal Form

(If you wish to withdraw the contract, please complete and return this form).

To

ekomia GmbH, Schlesische Str. 29/30, 10997 Berlin, Germany,, E-mail-address:, service@ekomia.de,, Phone number: +493041761972

I/we (*) hereby revoke the contract concluded by me/us (*) concerning the

purchase of the following goods (*)/provision of the following service (*)

______________________________________________________

______________________________________________________

Ordered on (*) ____________ / received on (*) _________________

_______________________________________________________

Name of the consumer(s)

_______________________________________________________

Address of consumer(s)

_______________________________________________________

Signature of the consumer(s) (only in case of paper communication)

_________________________

Date

(*) Delete where inapplicable

Instructions for the Return of Goods

  • The following modalities mentioned in this section are not a precondition for the effective exercise of the right of withdrawal.
  • Please do not send the goods to us freight collect.
  • Please avoid damage or soiling of the goods.
  • Please return the goods to us in the original packaging and outer packaging with all accessories and packaging components, if possible. If the original packaging or outer packaging is no longer in your possession, other suitable packaging should be used to ensure adequate protection against damage in transit and to avoid any claims for damages due to inadequate packaging.

11. Voluntary right of return

  • The Vendor grants a voluntary return guarantee subject to the following conditions.
  • The period within which the ordered goods can be returned is 30 days from the receipt of the respective goods (the period begins on the day after receipt of the goods) or conclusion of the contract in the case of contracts for the purchase of digital content or for services. The return requires that the goods are dispatched on the last day of the period at the latest.

  • The goods to be returned will be collected from the customer by a service provider in the case of forwarding shipments by the seller. A return label will be provided by the seller for shipments that can be sent by parcel post. The goods to be returned must be sent back to the following address: ekomia GmbH, Schlesische Str. 29/30, 10997 Berlin, Germany.

  • The statutory right of withdrawal of Customers who are consumers shall not be affected by compliance with the rules of the complementary return policy and shall remain in force irrespective thereof.This also applies to the warranty rights and other statutory rights as well as claims of the Customers with regard to the relevant products. If products are returned on the basis of the statutory right of withdrawal within the withdrawal period, then the regulations on the costs of sending and returning the products as well as reimbursement of the purchase price shall be determined in accordance with the right of withdrawal as well as the instructions on withdrawal provided to the Consumers.
  • The goods can only be returned in complete, unused and undamaged condition.
  • The voluntary refund does not apply to goods that are not prefabricated and for the manufacture of which an individual choice of or decision by the Customer is decisive or which are made to the Customer’s specifications or are clearly personalised. These goods are marked with the note “Custom" on the respective product pages.
  • The voluntary right of return does not apply to contracts for the provision of services (Service contracts).
  • If goods are returned in accordance with this voluntary return guarantee, the Vendor will refund to the Customer the purchase price already paid for the goods.
  • The same means of payment used by the Customer in the initial transaction will be used for the repayment, unless expressly agreed otherwise with the Customer.
  • Customers are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
  • The amount to be repaid as a result of the voluntary refund shall be repaid by the seller to the buyer within 30 days of taking possession of the returned goods. The time of the order of the payment by the Vendor shall be decisive.

    • 12. Warranty and Liability

    1. Subject to the following provisions, the warranty (statutory liability for defects) shall be determined in accordance with statutory provisions.
    2. If a guarantee is granted for the products in addition to a statutory warranty, this guarantee can be found in the product descriptions. Customers will be informed about the guarantee conditions.
    3. With products made of solid wood, colour deviations and growth-related irregularities in the wood structure may occur. We therefore reserve the right to make changes of this kind, insofar as these are in the nature of the materials used and are insignificant. Colour deviations and growth-related irregularities are insignificant if they do not impair the usability and value of the object of purchase.
    4. The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor's statutory warranty.

    13. Dispute Resolution

    1. The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.
    2. We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.