Imprint

esogetics GmbH
Hildastrasse 8
D-76646 Bruchsal

Fon +49 (0)7251 8001 0
Fax +49 (0)7251 8001 55

mail info-de@esogetics.com
web www.esogetics.com

Managing Director
Markus Wunderlich


Bank Account Details
Holder: esogetics GmbH
Bank: Sparkasse Kraichgau
Account No.: 10 30 60
Sort Code: 663 500 36
BIC: BRUSDE66XXX
IBAN: DE20663500360000103060

Register Court
Amtsgericht Mannheim
L2, 11-13
D-68161 Mannheim

Registration No.
HRB 231881

VAT ID No. according to § 27 a Sales Tax Law
DE171312898

Responsible for the content according to § 55 Abs. 2 RStV
Markus Wunderlich

Privacy Policy

Data Protection Regulation/ Privacy policy

We, Esogetics GmbH, Hildastrasse 8, D – 76646 Bruchsal are taking the protection of your personal data very seriously and are strictly following the rules of the data protection laws. On our website personal information is only collected to the degree that it is necessary for technical and organizational means. In no case will the acquired data be sold or passed on to a  third party for any reason. The following regulation provides an overview of how we are providing this protection and what kind of data are collected for what purpose.

1. Name and Contact Information of the Party Responsible for the Data Regulation

This Privacy Policy is valid for the data processing by:  

Esogetics GmbH

Responsible Party: Markus Wunderlich, Hildastr. 8 11, D-76646 Bruchsal, Deutschland
Email: markus.wunderlich@esogetics.com
Telephone: +49 (0)7251 – 800 10 Fax: +49 (0)7251 – 800 155

2. Collection and Storage of Personal Data and the Manner and Purpose of their Use

a) During the visit of our website

By accessing our website www.esogetics.com, shop.esogetics.com and www.professionals.esogetics.com the browser you are using on your terminal will automatically be sending information to the server of our website. This information is stored temporarily in a so-called log file. At that point the following information is registered automatically until it is deleted again:

  • date and time of your activity
  • URL of the referring website
  • your search
  • the amount of data sent
  • the type of browser and its version
  • operating system
  • IP address

The collected information is made anonymous after seven days.

The data mentioned are processed by us for the following purposes:

  • Providing a trouble free connection and mounting of the website
  • Providing a comfortable use of our website
  • Evaluation of system security and stability as well as
  • further administrative purposes.

The legal basis for the data processing is Art. 6 Abs. 1 S. 1 lit. f DSGVO.

Our warranted interest follows from the above listed purpose of data collection. In no case are we using the collected data to the purpose of drawing conclusions about your person.

During the visit of our website we are utilizing cookies. More detailed explanations about that can be found at number 4 of this Privacy Policy.

b) When Subscribing to Our Newsletter

If you have agreed according to Art. 6 Abs. 1 S. 1 lit. a DSGVO, we are using your email address to regularly send you our newsletter. In order to receive the newsletter the email address is sufficient.

In order to receive the newsletter that we are offering on our website, you may use our subscription form. We are utilizing the so-called double-opt-in procedure. A confirmation mail will be sent to your specified email address, with the request for confirmation. The application becomes only active when you are clicking on the activation link contained in the confirmatory email. We are using the data that you have provided exclusively for the sending of the newsletter, which may contain information and offers. 

We are using rapidmail to send our newsletters. Therefore your data are transferred on to the rapidmail GmbH, Augustinerplatz 2, 79098 Freiburg i.Br. Rapidmail has been prohibited to use your data for any purpose other than the dispatch of the newsletter. A passing on or sale of your data by the rapidmail GmbH is not permitted. Rapidmail is a German, certified newsletter software provider, which has been carefully chosen according to the requirements of the DSGVO and the BDSG. 

You may withdraw your permission to store your data and use them for the newsletter transmission at any time, for instance by using the unsubscribe link in the newsletter.

As an alternative you may post your unsubscribe request to markus.wunderlich@esogetics.com by email. 

c) The Use of our Contact Form

If you have any type of question, we have provided you with the option to contact us through a contact form that we are making available on our website. That requires the use of a valid email address, so that we know who is making the request in order for us to answer it. Additional information is voluntary.

The data processing for the purpose of establishing contact with us is regulated according to Art. 6 Abs. 1 S. 1 lit. a DSGVO based on your voluntarily provided agreement.

The personal information that we have collected during the use of the contact form will be automatically deleted after the completion of your query.

 

3. Data Sharing

A sharing of your personal data with a third party does not take place, except for the following listed purposes:

We are sharing your personal data with a third party, when:

You have given your permission according to Art. 6 Abs. 1 S. 1 lit. a DSGVO,

the sharing according to Art. 6 Abs. 1 S. 1 lit. f DSGVO is necessary to establish, exercise or defend legal claims and there is no reason to assume that you have a prevailing protection worthy interest in the non-sharing of your data, it is the case that there is a legal obligation for the sharing according to Art. 6 Abs. 1 S. 1 lit. c DSGVO, and this is permitted by law and according to Art. 6 Abs. 1 S. 1 lit. b DSGVO mandatory for the completion of the contractual relationship with you.

4. Cookies

We are using cookies on our website. These are small data files, which your browser is producing automatically and which are stored on your terminal (laptop, tablet, smartphone or such), when you are visiting our website. Cookies are not doing any damage to your terminal, do not contain viruses, Trojans or other malware.

Certain information that originates within the context of the specifically used terminal are deposited in the cookie. That does not mean, however, that we are receiving any direct knowledge of your identity.

The use of cookies is meant to make the utilization of our platform more comfortable for you. Thus we are using so-called session cookies, in order to recognize that you have already visited certain pages on our website. These are automatically deleted after you leave our site.

Moreover we are using temporary cookies, which are being stored in your terminal for a certain defined time interval, so that we can optimize user friendliness. When you are visiting our site again, to employ our services, it is automatically detected that you have visited us before and which input and settings you have entered, so that these do not have to be repeated. 

On the other hand we are using cookies to get a statistical overview of the use of our website, in order to evaluate the optimum presentation of our offer for you. These cookies make it possible for us to recognize you during a repeat visit at our site. These cookies are automatically deleted after a certain defined time interval.

The data that have been processed by cookies are necessary for the outlined purposes, in order to guarantee our legitimate interests or that of a third party according to Art. 6 Abs. 1 S. 1 lit. f DSGVO.

Most browsers accept cookies automatically. You may, however, configure your browser in a way that no cookies are stored in your computer, or that there always is a dialogue box before a cookie is being installed. The complete deactivation of cookies may limit your access to some features of our website.

5. Use of Script Libraries (Google Webfonts)

In order to portray the contents of our website independent from the type of browser in a correct and graphically appealing manner, we are using script libraries and font libraries like for instance Google webfonts (https://www.google.com/webfonts/). To avoid multiple loading the Google webfonts are transferred to the cache of your browser. If the browser does not support the Google webfonts or prohibits access, the contents will be shown in a standard script.

The extensive manual about how to administrate your own data in connection with Google products can be found in the following privacy policy: https://www.google.com/policies/privacy/

6. Use of Google Maps

This website uses Google Maps API to represent geographical information visually. To use Google maps Google is collecting, processing and using data about the use of the map function by users. 

You can find further information about Google’s data processing in the Google Privacy Policy. There you are able to change your personal privacy settings in the data protection area. 

The extensive manual about how to administrate your own data in connection with Google products can be found in this privacy policy: https://www.google.com/policies/privacy/

7. Rights of Persons Concerned

You have the right :

According to Art. 15 DSGVO to request information about your personal data that we are processing. In particular you may ask for information about the processing purposes, the category of personal data, the categories of recipients, who have received or are receiving insight into your data, the planned duration of storage, the existence of the right of correction, deletion, limitation of processing or objection, the existence of a right to complain, the origin of the data, as far as they have not been collected by us, as well as about the existence of automatic decision finding including profiling and possibly explicit information about their details;

according to Art. 16 DSGVO request the immediate correction of incorrect personal data, which we are storing, or their completion;

 according to ART. 17 DSGVO request the deletion of your personal data that we are storing, as far as the processing is not necessary to exercise the right of free speech and provides information necessary to fulfill a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;

according to Art. 18 DSGVO to request the limited processing of your personal data, as far as the accuracy of the data is questioned by you, the processing is unlawful, yet you are refusing their deletion and we are no longer needing your data, yet you are needing them to assert, exercise or defend against legal claims or you have placed an objection according to Art. 21 DSGVO against the processing;

according to Art. 20 DSGVO to receive the personal data that you have given us in a structured, common and machine readable format or to request the transfer to a different responsible party;

according to Art. 7 Abs. 3 DSGVO to revoke the permission that you have given us at any time. The consequence will be that we are no longer allowed to process the data covered by your permission in the future and

according to ARt. 77 DSGVO to complain at a supervising agency. Usually you may do so at the supervisory agency of your common location or workplace or our law office.

8. Right to Appeal

As far as your personal data are processed based on justified interests according to Art. 6 Abs. 1 S. 1 lit. f DSGVO, you have the right to appeal according to Art. 21 DSGVO against the processing of your personal data, as far as there are reasons stemming from your particular situation or the appeal is directed against direct advertising. In the latter case you have a general right to appeal, which we shall implement without specification of a special situation.

If you want to use your right to appeal or or retract, an email to info-de@esogetics.com will be sufficient.

9. Data Security

During your website visit we are using the common SSL procedure (Secure Socket Layer) in combination with the highest encryption level that your browser is supporting. Usually that is a 256 bit encryption. In case your browser does not support a 256 bit encryption, we are reverting to the 128 bit v3 technology. Whether a particular page of our website is being transmitted in an encrypted manner can be discerned by the diagram of the closed key or lock symbol in the lower status indicator of your browser.

We are also using appropriate technical and organizational security measures to protect your data against random or deliberate manipulations, partial or complete loss, destruction or the unauthorized access by a third party. Our security measures will be continuously improved according to the technological developments. 

10. Currentness and Revision of this Privacy Policy

This privacy policy (data protection regulation) is valid at present and has the status of May 2018.

Through the development of our website and offers on it or changed legal or regulatory requirements it may be necessary to change this policy. The current Privacy Policy can always be found by you on the website at www.esogetics.com and printed.

Notice

Notice

Please inform us in the event that this website should violate statutory provisions or even the rights of a third party. In the case of justified claims, we shall immediately undertake the appropriate changes. The involvement of a jurist can therefore be excluded. Should we receive a debit note without previous notification, we shall immediately refuse this and point out the violation of this clause.

Liability

Liability

Despite careful checking, we accept no liability for the content of any external links. The owners of linked external websites bear sole responsibility for their content. In a judgment dated 12 May 1998, the District Court of Hamburg ruled that a website owner providing links to other websites might also become liable for the content of such linked websites or pages. According to this decision of the District Court of Hamburg, such liability can only be excluded if the website owner expressly dissociates himself or herself from any such content.

Insofar as this website is linked to other websites on the Internet, we have no influence over the design or content of the linked websites. We therefore expressly dissociate ourselves from all content of all pages linked from our entire website, including all sub-pages. This declaration applies to all the links and to all the content of the pages on this domain that lead to links or banners.

Terms and Conditions of Business of esogetics GmbH

General Terms of Business for the Online-Shop


§ 1 Scope

1. These general terms of business (from now on GTB) are valid for any and all contracts completed through our online shop between us,

the esogetics GmbH, Hildastraße 8, 76646 Bruchsal
CEO : Markus Wunderlich
entered in the business registry of the Amtsgericht Mannheim under HRB 231881

and you as our customer. The GTB are valid, no matter whether you are a consumer, entrepreneur or merchant.

2. All agreements between you and us concerning the sales contract result from these general terms of business, our written order confirmation and our acceptance declaration.

3. The version  of the GTB that is valid during the completion of the contract shall be used for reference.

4. We do not accept any deviating conditions from our clients. That applies even when we do not explicitly oppose the inclusion.

5. Application for seminars of the esogetics GmbH are only accepted in written form and they are only confirmed in written form. These GTB do not apply to seminars, but exclusively to the delivery of products.

§ 2 Sequence of the Order Process

1. To post an order the following technical steps need to be taken:
2. You choose the product and place it through a click of the button into your shopping basket.
3. The shopping basket is shown. By clicking the button “check-out” you complete the selection of purchases.
4. You complete the client form and click on “continue”.
5. You choose the shipping option and click on “continue”.
6. You choose your method of payment.
7. You confirm that you have read the General Terms of Business and the information of the Cancellation Policy and that you agree. By clicking the button “order and payment” you deploy your legally binding order.

§ 3 Completion of the Contract

1. The presentation and advertising of products in our online shop does not constitute a binding offer to enter into a purchase contract.
1. By sending an order through the online shop you are executing a legally binding order. You are bound to this order for the duration of two weeks after submission of the order; your right according to § 3, where appropriate, to cancel your order is not affected by this.
2. We shall immediately send you an email confirmation for the order received through our online shop. Such an email does not constitute a binding acceptance of the order, unless it states apart from the receipt also the acceptance.
3. A contract is only completed, when we accept your order through a declaration of acceptance or the delivery of the ordered articles.
4. Should the delivery of the goods you ordered be impossible, because the items may not be in the warehouse, we shall not sent an acceptance declaration. In that case a contract will not come about. We will inform you without delay and immediately refund any services received.

§ 4 Cancellation Policy

1. If you are a consumer (which means a natural person, who makes the order for a purpose that belongs neither to a commercial nor a self-employed professional business) , then you have according to the law a cancellation right.
2. Should you as a consumer utilize your cancellation right according to Paragraph1, then you are responsible for the usual cost of the return shipment, if the delivered product corresponds to the ordered one, and if the price of the returned item does not exceed an amount of € 40.00, or if the item is more expensive yet at the time of the cancellation you have not completed the payment or the contractually agreed upon partial payment.
3. The cancellation policy consists of the rules that are listed in detail in the following

Cancellation Policy Instruction

Cancellation Policy
You may cancel your contract in written form (for instance letter, fax, e-mail) within 14 days without any reason, or – if the item has been given to you before the end of this period – you can also cancel by sending the item back. The period begins upon receipt of this policy in written form, but not before receipt of the goods by the recipient (in the case of recurring delivery of the same type of goods, not before receipt of the first installment), and also not before fulfilment of our information duties in accordance with Art. 246 § 2 in conjunction with § 1 Paragraphs 1 and 2 EGBGB (Introductory Law to the German Civil Code), as well as our duties in accordance with § 312 e Paragr. 1 Clause 1 BGB in conjunction with Art. 246 § 3 EGBGB. For compliance with the cancellation period, the dispatch of the cancellation or the item in due time is sufficient.

Cancellation form

The cancellation is to be addressed to:
esogetics GmbH
Hildastrasse 8
D-76646 Bruchsal
Germany
info-de@esogetics.com

Consequences of cancellation
In case of a valid cancellation, the services received by either side and the profits drawn (for instance interest) shall be refunded, or if applicable, be returned. If you are unable or partially unable to refund or return the service or usage (for instance benefits of use) to us, or you can only return it in an impaired condition, you have to pay an appropriate compensation according to the value. Compensation must only be paid for the impairment of the item and benefits derived, insofar as the uses or impairment of the item is attributable to use beyond the scope of testing the properties and functionalities of the item. “Testing the properties and functionalities” is understood to mean the testing and trying out of the item in question, as it would have been possible and usual in a retail shop. Goods consignable by parcel shipment may be returned at our risk.

You must bear the regular costs of the return shipment, if the goods conform with those ordered, and if the price of the items returned does not exceed an amount of € 40.00, or in the case of a higher price of the goods, if you have not yet performed the return service or any partial payment, as agreed upon by contract at the point in time of cancellation.

Otherwise, returning the goods is free of charge for you. Objects not capable of dispatch by parcel post shall be collected from you. Obligation for payment refunds must be fulfilled within 30 days. The deadline begins for you with the sending of the cancellation or item, and for us it begins with the receipt.

– End of the cancellation policy instruction –

The cancellation right does not apply in long distance sale contracts
a) about the delivery of items, which have been customized to client specifications or which are unequivocally adapted to personal needs, or which due to their nature do not lend themselves to return shipment or that could spoil quickly or whose expiration date has passed.
b) about the delivery of audio or video recordings or of software, if the delivered data carriers have been unsealed.

§ 5 Terms of Delivery and Prepayment Caveat

1. We do reserve the right to make partial deliveries, if that does not seem unreasonable for you.
2. The shipping period  takes about 5 working days, if no other agreements have been made. It starts – subject to the rule in Paragraph 3 – at the completion of the contract.
3. We reserve the right for orders from clients living or conducting business abroad, or if there is a valid indication that the payment might be endangered, to make the shipment only after the purchase price plus shipping costs have been received in full(prepayment caveat). If we are utilizing the prepayment caveat, we shall inform you about it in our declaration of acceptance. In that case the shipping term starts as soon as we receive the funds for the purchase price and shipping costs.

§ 6 Prices and Shipping Costs

1. All prices in our online shop are final prices including the legal VAT and they are subject to additional shipping costs.
2. The shipping costs are listed in our price list in our online shop. The price including VAT and applicable shipping costs is also displayed on the order screen before you are submitting your order.
3. If we fulfill your order according to § 4 Paragraph 1 through partial shipments, you only have to pay for the first partial shipment. If the partial deliveries are due to your choice, then we shall charge for each partial shipment.
4. If you cancel your contract effectively according to § 3, you can, based on fulfilling the requirements, ask for a refund of already paid costs of shipment to your address (compare other consequences of cancellation §3 Paragraph 3).

§ 7 Terms of Payment and Compensation and Right of Retention

1. The purchase price and the shipping costs have to be paid within two weeks after receipt of our bill at the latest.
2. You can choose to either send the purchase price and shipping costs to the bank account listed in our online shop, or you can send us a direct debit mandate or pay by credit card. In the case of a direct debit mandate or payment by credit card we shall arrange to debit your account at the soonest at the time stated in paragraph 1. An issued direct debit mandate is valid for future orders unless withdrawn.
3. You do not have the right to reckon anything against our claims, only if your counterclaims are legally sound and uncontested. You do also have the right to reckon against our claims, if you are enforcing notices of defects or counterclaims from the same purchase contract.
4. As a buyer you can only exercise a right of retention, if your counterclaim originates from the same contract.


§ 8 Reservation of Property

The delivered goods stay our property until the purchase price has been paid in full.

§ 9 Warranty

1. We are liable for material or legal defects of delivered articles according to the valid legal rules, in particular §§ 434 ff. BGB. The statutory period of limitation for legal claims of defects is two years and starts as soon as the goods are delivered.
2. Some warranties for certain articles provided by us as sellers or warranties provided by the producers of certain articles are valid in addition to claims due to material or legal defects in the sense of paragraph 1. Details of the extent of such warranties can be seen in the warranty conditions, which potentially accompany such articles.

§ 10 Liability

1. We are liable to you in all cases of contractual or non-contractual liability in the case of premeditation or gross negligence according to the legal statutes for compensation or refund of unnecessary expenditures.
2. In all other cases we are only liable – as far as it is not determined differently in paragraph 3 – if a clause of contract has been violated, the fulfillment of which was necessary to even complete the contract in an orderly manner, and which as a customer you can regularly trust in (so-called cardinal duty), yet limited to the replacement for the predictable and typical damage. In all other cases subject to the rule in paragraph 3 our liability is excluded.
3. Our liability for damages from injury to life, body or health and according to the product liability law stays unaffected by the previously mentioned liability limitations and exclusions.

§ 11 Copyright

We hold the copyright to all images, films and texts, which are published in our online shop. A use of the images, films or texts without our express permission is not allowed.

§ 12 Applicable Law and Court of Jurisdiction

1. The applicable law is that the of the Federal Republic of Germany. If you have placed your order as a consumer, and your main place of residence is in a different country at the time of the order, the application of peremptory statutes of the country stays unaffected the choice of law in Clause 1.
2. If you are a merchant and your location at the time of the order is Germany, the exclusive court of jurisdiction is the location of the seller. Otherwise the applicable legal rules apply in regards to local and international jurisdiction.

§13 Information about Data Management

1. Within the frame of processing contracts we are collecting a customer’s data. We are paying close attention to the regulations of the federal data protection law as well as the tele-media law. Without a customer’s permission we shall only collect, process and use the master and use data that are necessary for the processing of the contractual relationship.
2. Without a customer’s permission we shall not use the data for the purpose of advertising, market or public opinion research.
3. Otherwise, concerning a customer’s permission and further information about the collection, processing and use of data, we refer to the data protection clause, which can be retrieved in printable form through the button “data protection” at any time.

General Terms of Business for Seminars

§ 1 Scope

1. These general terms of business (from now on GTB) are valid for any and all contracts about seminars between us,

the esogetics GmbH, Hildastraße 8, 76646 Bruchsal
CEO : Markus Wunderlich
entered in the business registry of the Amtsgericht Mannheim under HRB 231881

and you as our customer. The GTB are valid, no matter whether you are a consumer, entrepreneur or merchant.

2. All agreements between you and us concerning the agreements made in the sales contract result from these general terms of business, our written order confirmation and our acceptance declaration.

3. The version of the GTB that is valid during the completion of the contract shall be used for reference.

4. We do not accept any deviating conditions from our clients. That applies even when we do not explicitly oppose the inclusion.

5. Applications for seminars of the esogetics GmbH are only accepted in written form and will only be confirmed in written form as well. These GTB do not apply for any other deliveries and services of the esogetics GmbH, but exclusively for the execution of seminars.

§ 2 Sequence of the Online Application Process

1. To apply the following technical steps need to be taken:
2. You choose the seminar.
3. The chosen seminar is indicated by title, location of the presentation, date and price. By clicking the button “Participation” you complete your selection.
4. In the rubric “Application for the seminar” the seminar is again indicated by title, location, presenter and price. You complete the customer account and click onto “continue”.
5. You choose your method of payment.
6. You confirm that you have read the General Terms of Business and the information of the Cancellation Policy and that you agree. By clicking the button “application and payment” you deploy your legally binding application.

§ 3 Completion of the Contract

1. The presentation of seminars on our homepage does not constitute a binding offer to enter into a purchase contract.
2. By sending an application you are executing a legally binding order. You are bound to this order for the duration of two weeks after submission of the application; your right to cancel your application according to § 3, where appropriate, is not affected by this.
3. We shall immediately send you an email confirmation when receiving your application. Such an email does not constitute a binding acceptance of the application, unless it states apart from the receipt also the acceptance.
4. A contract is only completed, when we accept your application through a declaration of acceptance or your participation in the seminar.
5. Should the fulfillment of the contract be impossible, because for instance the seminar is cancelled, we shall not issue a declaration of acceptance. In that case a contract does not happen. We shall inform you without delay and immediately refund any payments already received.

§ 4 Cancellation Policy

1. If you are a consumer (which means a natural person, who makes the order for a purpose that belongs neither to a commercial nor a self-employed professional business) , then you have according to the law a cancellation right.

2. The cancellation policy consists of the rules that are listed in detail in the following Cancellation Policy Instruction.

Cancellation Policy
You may cancel your contract in written form (for instance letter, fax, e-mail) within 14 days without any reason, or – if the item has been given to you before the end of this period – you can also cancel by sending the item back. The period begins upon receipt of this policy in written form, but not before receipt of the goods by the recipient (in the case of recurring delivery of the same type of goods, not before receipt of the first installment), and also not before fulfilment of our information duties in accordance with Art. 246 § 2 in conjunction with § 1 Paragraphs 1 and 2 EGBGB (Introductory Law to the German Civil Code), as well as our duties in accordance with § 312 e Paragr. 1 Clause 1 BGB in conjunction with Art. 246 § 3 EGBGB. For compliance with the cancellation period, the dispatch of the cancellation or the item in due time is sufficient.

Cancellation form

The cancellation is to be addressed to:
esogetics GmbH
Hildastrasse 8
D-76646 Bruchsal
Germany
info-de@esogetics.com
Telefax-Nr.: +49 (0) 72 51 / 800 144

Consequences of cancellation
In case of a valid cancellation, the services received by either side and the profits drawn (for instance interest) shall be refunded, or if applicable, be returned. If you are unable or partially unable to refund or return the service or usage (for instance benefits of use) to us, or you can only return it in an impaired condition, you have to pay an appropriate compensation according to the value.

– End of the cancellation policy instruction –

§ 5 Terms of Payment and Compensation and Right of Retention

1.The seminar price has to be paid within two weeks after receipt of our bill at the latest.
2.You can choose to either send the fee to the bank account listed in our online shop, or you can send us a direct debit mandate or pay by credit card. In the case of a direct debit mandate or payment by credit card we shall arrange to debit your account at the soonest at the time stated in paragraph 1. An issued direct debit mandate is valid for future orders unless withdrawn.
3.You do not have the right to reckon anything against our claims, only if your counterclaims are legally sound and uncontested. You do also have the right to reckon against our claims, if you have enforce notices of defects or counterclaims from the same purchase contract.

§ 6 Liability

1. We are liable to you in all cases of contractual or non-contractual liability in the case of premeditation or gross negligence according to the legal statutes for compensation or refund of unnecessary expenditures.
2. In all other cases we are only liable – as far as it is not determined differently in paragraph 3 – if a clause of contract has been violated, the fulfillment of which was necessary to even complete the contract in an orderly manner, and which as a customer you can regularly trust in (so-called cardinal duty), yet limited to the replacement for the predictable and typical damage. In all other cases subject to the rule in paragraph 3 our liability is excluded.
3. Our liability for damages from injury to life, body or health and according to the product liability law stays unaffected by the previously mentioned liability limitations and exclusions.

§ 7 Copyright

We hold the copyright to all images, films and texts, which are published in our online shop. A use of the images, films or texts without our express permission is not allowed.

§ 8 Applicable Law and Court of Jurisdiction

1. The applicable law is that the of the Federal Republic of Germany. If you have placed your order as a consumer, and your main place of residence is in a different country at the time of the order, the application of peremptory statutes of the country stays unaffected the choice of law in Clause 1.
2. If you are a merchant and your location at the time of the order is Germany, the exclusive court of jurisdiction is the location of the seller. Otherwise the applicable legal rules apply in regards to local and international jurisdiction.

§ 9 Information about Data Management

1. Within the frame of processing contracts we are collecting a customer’s data. We are paying close attention to the regulations of the federal data protection law as well as the tele-media law. Without a customer’s permission we shall only collect, process and use the master and use data that are necessary for the processing of the contractual relationship.
2. Without a customer’s permission we shall not use the data for the purpose of advertising, market or public opinion research.
3. Otherwise, concerning a customer’s permission and further information about the collection, processing and use of data, we refer to the data protection clause, which can be retrieved in printable form through the button “data protection” at any time.

General Terms of Business of the esogetics GmbH for Therapists

§ 1 Scope

1. These general terms of business (from now on GTB) are valid for any and all contracts through our homepage between us,

the esogetics GmbH, Hildastraße 8, 76646 Bruchsal
CEO : Markus Wunderlich
entered in the business registry of the Amtsgericht Mannheim under HRB 231881

and you as our customer. The GTB are valid, no matter whether you are a consumer, entrepreneur or merchant.

2. All agreements between you and us concerning the agreements made during the purchase of online products result from these general terms of business, our written order confirmation and our acceptance declaration.

3. The version  of the GTB that is valid during the completion of the contract shall be used for reference.

4. We do not accept any deviating conditions from our clients. That applies even when we do not explicitly oppose the inclusion.

5. These GTB are valid for the purchase of online products and apply exclusively to the use of these offers in the locked area of the internet site.

§ 2 Sequence of the Order Process for the Purchase of Online Products

1. To post an order the following technical steps need to be taken:
2. You establish a free user account in the locked area of our internet site.
3. You log into the locked area of our internet site with your user name and password.
4. You choose the product and place it into the shopping basket by clicking the button “buy now”.
5. You confirm that you have read the General Terms of Business and the information of the Cancellation Policy and that you agree. The final price including shipping costs is displayed. By clicking the button “order and payment” you deploy your legally binding order.
6. After the completion of the contract (§3) and receipt of your payment you will be granted access to the use of your online product.

§ 3 Completion of the Contract

a) The presentation and advertising of products of online products on our homepage does not constitute a binding offer to enter into a purchase contract.

b) By sending an order you are executing a legally binding order. You are bound to this order for the duration of two weeks after submission of the order; your right according to § 3, where appropriate, to cancel your order is not affected by this.

c) We shall immediately send you an email confirmation for the order received through our homepage. Such an email does not constitute a binding acceptance of the order, unless it states apart from the receipt also the acceptance.

d) A contract is only completed, when we accept your order through a declaration of acceptance or an activation.

§ 4 Cancellation Policy

1. If you are a consumer (which means a natural person, who makes the order for a purpose that belongs neither to a commercial nor a self-employed professional business) , then you have according to the law a cancellation right.

2. The cancellation policy consists of the rules that are listed in detail in the following Cancellation Policy Instruction.

Cancellation right
You may cancel your contract in written form (for instance letter, fax, e-mail) within 14 days without any reason, or – if the item has been given to you before the end of this period – you can also cancel by sending the item back. The period begins upon receipt of this policy in written form, but not before receipt of the goods by the recipient (in the case of recurring delivery of the same type of goods, not before receipt of the first installment), and also not before fulfilment of our information duties in accordance with Art. 246 § 2 in conjunction with § 1 Paragraphs 1 and 2 EGBGB (Introductory Law to the German Civil Code), as well as our duties in accordance with § 312 e Paragr. 1 Clause 1 BGB in conjunction with Art. 246 § 3 EGBGB. For compliance with the cancellation period, the dispatch of the cancellation or the item in due time is sufficient.

Cancellation form

The cancellation is to be addressed to:
esogetics GmbH
Hildastrasse 8
D-76646 Bruchsal
Germany
info-de@esogetics.com
Telefax-Nr.: +49 (0) 72 51 / 800 144

Consequences of cancellation
In case of a valid cancellation, the services received by either side and the profits drawn (for instance interest) shall be refunded, or if applicable, be returned. If you are unable or partially unable to refund or return the service or usage (for instance benefits of use) to us, or you can only return it in an impaired condition, you have to pay an appropriate compensation according to the value. Compensation must only be paid for the impairment of the item and benefits derived, insofar as the uses or impairment of the item is attributable to use beyond the scope of testing the properties and functionalities of the item. “Testing the properties and functionalities” is understood to mean the testing and trying out of the item in question, as it would have been possible and usual in a retail shop.

– End of the cancellation policy instruction –

The cancellation right does not apply in long distance sale contracts
a)about the delivery of items, which have been customized to client specifications or which are unequivocally adapted to personal needs or which due to their nature do not lend themselves to return shipment or that could spoil quickly or whose expiration date has passed.
b)about the delivery of audio or video recordings or of software, if the delivered data carriers have been unsealed.

§ 5 Prices, Payment Options

1. All prices are final prices including the legal VAT.
2. Your activation is subject to prepayment.

§ 6 Terms of Payment and Compensation and Right of Retention

1. The purchase price has to be paid within two weeks after receipt of our bill at the latest.
2. You can choose to either send the purchase price to the bank account listed in our online shop, or you can send us a direct debit mandate or pay by credit card. In the case of a direct debit mandate or payment by credit card we shall arrange to debit your account at the soonest at the time stated in paragraph 1. An issued direct debit mandate is valid for future orders unless withdrawn.
3. You do not have the right to reckon anything against our claims, only if your counterclaims are legally sound and uncontested. You do also have the right to reckon against our claims, if you have enforce notices of defects or counterclaims from the same purchase contract.
4. As a buyer you can only exercise a right of retention, if your counterclaim originates from the same contract.

§ 7 Warranty

We are liable for material or legal defects of the online products according to the applicable legal rules.

§ 8 Liability

1.We are liable to you in all cases of contractual or non-contractual liability in the case of premeditation or gross negligence according to the legal statutes for compensation or refund of unnecessary expenditures.
2.In all other cases we are only liable – as far as it is not determined differently in paragraph 3 – if a clause of contract has been violated, the fulfillment of which was necessary to even complete the contract in an orderly manner and which as a customer you can regularly trust in (so-called cardinal duty), yet limited to the replacement for the predictable and typical damage. In all other cases subject to the rule in paragraph 3 our liability is excluded.
3.Our liability for damages from injury to life, body or health and according to the product liability law stays unaffected by the previously mentioned liability limitations and exclusions.

§ 9 Copyright

We hold the copyright to all images, films and texts, which are published in our online shop. A use of the images, films or texts without our express permission is not allowed.

§ 10 Applicable Law and Court of Jurisdiction

1. The applicable law is that the of the Federal Republic of Germany. If you have placed your order as a consumer, and your main place of residence is in a different country at the time of the order, the application of peremptory statutes of the country stays unaffected the choice of law in Clause 1.
2. If you are a merchant and your location at the time of the order is Germany, the exclusive court of jurisdiction is the location of the seller. Otherwise the applicable legal rules apply in regards to local and international jurisdiction.

§11 Information about Data Management

1. Within the frame of processing contracts we are collecting a customer’s data. We are paying close attention to the regulations of the federal data protection law as well as the tele-media law. Without a customer’s permission we shall only collect, process and use the master and use data that are necessary for the processing of the contractual relationship.
2. Without a customer’s permission we shall not use the data for the purpose of advertising, market or public opinion research.
3. Otherwise, concerning a customer’s permission and further information about the collection, processing and use of data, we refer to the data protection clause, which can be retrieved in printable form through the button “data protection” at any time.

Legal Information

Legal Information

1. Warning about the Content

We do want to point out to you, that the content of this website, which is free of charge and open to the public, has been delineated and collected with utmost care, especially as far as the featured methods of treatment and diagnosis are concerned.
On principle, ESOGETICS does not take on any responsibility for the currentness, correctness, completeness or quality of the provided information. Moreover any liabilities are limited to those damages that have verifiably been caused by intent or gross negligence by ESOGETICS or its helpers in action and performance.

2. External Links

The website contains links to other websites. The published links have been researched and gathered with utmost diligence and are subject to the liability of the respective website owners. During the linking of the external links we did not perceive any legal violations. In the case of future legal violations becoming known, the external links in question will be immediately deleted.
For illegal, faulty or incomplete contents, as well as for damages that have occurred due to the use or non-use of the information, only the host of the website, which has been referred to, is liable. The liability of the one, who only refers to the publication through a link is excluded. The editor is only responsible for foreign evidence, if he has positive knowledge of it, and also of possible illegal or punishable content, and it is technically possible and reasonable to stop its use. ESOGETICS is referring to the ruling of the OLG Schleswig v. 19. Dezember 2000 (Az.:6 U 51/00).

3. Copyright

The use of the contact information of the masthead for commercial advertising is expressively discouraged, unless the host has given a written permission previously or there already exists a business relationship. The host and all persons and partners mentioned on this website are herewith dissenting to any commercial use and transmission of their data.

4. Further Information

The visit to this website, which is free of charge and open to the public, does not constitute any contractual agreements, especially not a treatment contract between the user and the host.

Many of our therapeutic methods and their effects are exclusively based on the experiential knowledge of naturopathic medicine. Medical diagnoses and treatment processes, especially their treatment methods and their effects, are extremely individual and variable. Therefore a treatment success cannot be prognosticated or guaranteed. We are thus taking the precaution to emphasize that we are intimating that fact in our written content by ways of the subjunctive. The word “can” therefore is only hinting at a possibility, at an assumption or surmise, the presence of which is uncertain and which could be paraphrased as “perhaps” or “possibly”. We are making a point here to not understand these terminologies as a promise of healing, as far as a possible treatment success and the suitability of a therapy are concerned.

Please keep in mind: Certain diseases and complaints are less or not at all fit for self-treatment. We would like to expressively point out that before attempting self-treatment with our products, especially in the home environment, it is recommended to seek advice from your physician or naturopath.

That also applies to the application of the wildcrafted herbal oil, which we are featuring on this website.

Photo credit

Fotolia:
#124049425 | © pololia
#142438896 | © Dash#44874929 | © CandyBox Images
#123267300 | © Kzenon
#48384 | © jeff gynane
#458599 | © Susanne Güttler
#85758292 | © Jürgen Fälchle
#120031339 | © o_lypa
#142010378 | © Gregory Lee
#115703088 | © kichigin19

Istockphoto:
#124206853 OJO_Images

Product- & Moodphotos:
Harald Habets Firmendesign

Realization of the website

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