GENERAL TERMS AND CONDITIONS:

1. Scope

The business relations between ENERGETIX GmbH & Co.KG, hereafter called ENERGETIX, and the purchaser are exclusively governed by the following terms and conditions in the version in force at the time of the order. ENERGETIX will not accept other terms and conditions unless prior written consent has been given.

2. Contracting parties

ENERGETIX concludes contracts for the supply of goods only with

  • natural persons with full legal capacity who are at least 18 years of age or
  • legal entities.

The ordering party declares that he or she meets these conditions by clicking on the "I want to buy" button.

3. Conclusion of the contract

The customer's order constitutes an offer to conclude a purchase contract. We will confirm receipt of the order by sending an email to the email address indicated on the order form. The email reiterates the items ordered, their unit and total prices, any packing and shipping costs and the total amount of the order. This email does not constitute acceptance of the customer's offer to conclude a purchase contract. All ENERGETIX offers are subject to confirmation. The contract of sale comes about only when the ordered goods are dispatched to the address given.

4. Warranty

Material and manufacturing defects are covered by the statutory warranty.

Please send in any articles that turn out to be faulty as a result of a material or manufacturing defect within 24 months. ENERGETIX will reimburse the shipping costs for returning such products to customers if the materials or manufacturing processes were actually defective. Please enclose the invoice or a copy when returning items. Stating the order, invoice or customer number will suffice if you no longer have the invoice.

5. Prices

For orders in the online shop, the prices indicated at the time of the order apply. The prices are gross prices and include VAT at the applicable rate.

6. Shipping

Orders by standard delivery are delivered free of charge. The charges for other delivery options are indicated during the order process.

Deliveries to non-EU countries may be subject to additional duties, taxes and fees.

If an incorrect delivery address is given, we reserve the right to charge for any costs arising from the return of the packages. The same applies in the event of default of acceptance.

7. Delivery

Carrier deliveries take place on weekdays and postal deliveries in Germanyare also made on Saturdays. If you want the goods to be delivered to an address other than the billing address, please provide us with this information at the time of ordering.

Please do not accept damaged parcels or packages! Please refuse to accept damaged parcels and inform us accordingly. If you cannot avoid accepting damaged parcels, please have the delivery person confirm the damage and then get in touch with us. Please check your deliveries for completeness immediately after receiving them. Complaints received by ENERGETIX's Customer Support later than seven days after the goods have been received cannot be recognized. This does not affect your statutory rights.

8. Right of return

In regard to your 14-day right of revocation, we refer you to the revocation notice.

The right of return does not apply to goods that have been specifically made to the customer's specification (e.g. engravings) or otherwise tailored to the customer's personal requirements.

You may test the products for 30 days regardless of the statutory revocation period. You may return the products to the seller at your own cost if you are not satisfied. Please enclose the invoice or a copy when returning items. Stating the order, invoice or customer number will suffice if you no longer have the invoice. The purchasing price minus a 15% handling charge will be reimbursed if the statutory period of revocation has already elapsed. Exception: the Magnet4Go, MagnetWalk and MagnetBandage products must be returned as new and in a resalable condition. You are allowed to try them out but not to wear them over several days.

9. Reservation of ownership

ENERGETIX remains the owner of all goods that it delivers to the purchaser until full and final payment of the purchase price and any shipping costs. If third parties attempt to assert rights over the goods supplied under reservation of ownership, the purchaser shall inform such third party that ENERGETIX is the owner and immediately notify the latter. If the purchaser is in default of payment or culpably fails to fulfill other essential contractual obligations, ENERGETIX is entitled to cancel the contract in accordance with Sections 323 and 440 of the German Civil Code and demand the return of the goods or, where appropriate, demand the assignment of the purchaser's claims against third parties for the recovery of the goods

10. Satisfaction

We want you to be 100% satisfied with our products and performances. By law the goods must comply with their description and must be of satisfactory quality. Your ENERGETIX contract partner will be happy to help in the event of any questions. If you require any assistance beyond that, our headquarters in Bingen, which you may call on +49 (0)6721 18230, will, of course, also be at your disposal.

Any defective items, from material or workmanship, will be replaced in accordance with legal requirements. A copy of, or an original invoice must accompany all returns. This does not affect your statutory rights.

Only for UK consumers:

Any consumer who is still not satisfied may contact the Direct Selling Association which operates a dispute resolution service. For details of this and of the DSA’s Codes of Practice contact DSA, 30 Billing Road, Northampton NN1 5DQ, tel 01604 625700 or visit the DSA website: www.dsa.org.uk

ENERGETIX Bingen is a member of the Direct Selling Association and requires its consultants to comply with the DSA Codes of Practice.

11. Liability

We will only be liable in cases where ENERGETIX or one of its legal representatives has acted wilfully or with gross negligence.

This does not apply to damages for injury to life, limb or health or in cases of breach of essential contractual obligations. Damages[2] for simple negligence and the grounds on which they are based are restricted to those foreseeable at the conclusion of the contract and typical for this type of contract.

This offer and the descriptions and prices it contains have been compiled by us with the greatest care. However we cannot take responsibility for misprints, changes or the permanent availability of all products throughout the catalogue period.

12. Concluding provisions

The legal relationship between ENERGETIX and the purchaser and the individual terms and conditions are governed by German law. The place of jurisdiction for both parties shall be Bingen – in so far as permitted by law. Bingen shall also be the place of jurisdiction if the customer is a consumer and does not reside within the European Union. In the case of consumers within the European Union, the law in their country of residence may also be applicable if mandatory consumer rights provisions are concerned.

The purchaser only has a right of offset if the claim is not in dispute or has been has been judicially determined. If the customer is a public corporation or a merchant within the meaning of the German Commercial Code, the place of performance for deliveries and payments and the place of jurisdiction shall be Bingen.

The colours of the products shown on the Internet may differ from the original for various reasons (monitor settings, quality of the graphics card, etc.) If any of the above provisions is or becomes invalid, the validity of the remaining provisions shall not be affected.

 

ENERGETIX GmbH & Co.KG, 55411 Bingen, November 2015