Terms and Conditions
- Seller: Esox Inc. (Wim Van den Brande) located in Pfarrkirchen / Mühlkreis, Austria, being user of these General Terms and Conditions, Address: Pfarrkirchen im Mühlkreis, 11 Tür 2 in (4141) Pfarrkirchen / Mühlkreis; Email address: email@example.com; under number UID ATU76244556
- Customer: The person with whom Esox Inc. has entered into an agreement.
- Parties: ESOX Inc. and Customer together.
- Consumer: A customer who is also an individual and acts as a private person.
Applicability of general terms and conditions
- These terms and conditions apply to all quotationas, offers, works, orders, agreements and deliveries of services or products by or on behalf of Esox Inc.
- Parties may only derogate from these terms if they have expressly agreed to do so in writing.
- The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.
- All prices used by Esox Inc. are in euros, including VAT and excluding any other costs such’s administration costs, taxes and travel, shipping or transportation costs, unless expressly stated otherwise or agreed otherwise.
- All prices that Esox Inc. applies to its products or services, on its website or otherwise made known, may change Esox Inc. at any time.
- Increases in the cost prices of products or parts thereof, which Esox Inc. could not have foreseen at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Consequences not paying in time
- If the Customer fails to pay within the agreed term, Esox Inc. is entitled to charge an interest rate of 1% per month from the day the Customer is in default, where a part of a month is counted as a whole month.
- In addition, if the Customer is in default, he will also owe extrajudicial collection costs and any possible compensation for damages to Esox Inc..
- The collection costs shall be calculated on the basis of the Decree on reimbursement of extrajudicial collection costs.
- If the Customer fails to pay in time, Esox Inc. may suspend its obligations until the Customer has fulfilled its commitment.
- In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, the claims of Esox Inc. on the customer shall be immediately due.
- If the Customer refuses to cooperate in the performance of the agreement by Esox Inc., he is still obliged to pay the agreed price to Esox Inc.
Right of advertising
- As soon as the customer is in default, Esox Inc. is entitled to invoke the right to advertise the unpaid products delivered to the customer.
- ESOX Inc. invokes the right of advertising by means of a written or electronic communication.
- Once the Customer has been informed of the right of advertising invoked, Customer must promptly return the products to Esox Inc., unless other arrangements are made by the parties.
- The costs of retrieving or returning the products are borne by the customer.
Right of withdrawal
- A consumer may cancel an online purchase for a 14-day reflection period without giving any reason, provided that:
• the product has not been used
• it is not a product that is especially made or adapted for the consumer
• it is not a product that cannot be returned for hygienic reasons (e.g. clothing, caps, etc.)
• it is not an emergency repair (order)
• the consumer has not waived his right of withdrawal
- The 14-day period of reflection as referred to in paragraph 1 shall commence:
o on the day after the consumer has received the last product or part of the 1st order
o once the consumer has received the first product
- The consumer may make his appeal to the right of withdrawal via firstname.lastname@example.org, if desired using the withdrawal form which can be downloaded via the website of Esox Inc., .
- The consumer is obliged to return the product to Esox Inc. within 14 days of the notification of his right of withdrawal, failing which his right of withdrawal shall lapse.
- Discounted items, custom items or custom items specially customized for the customer cannot be returned.
- The costs of returning the goods will be borne by the consumer.
- If the purchase costs are eligible for reimbursement buy law, Esox Inc. will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Esox Inc. on time.
- Return shipments should be addressed to Esox Inc. (Wim Van den Brande) located at Pfarrkirchen im Mühlkreis 11 Tür 2, 4141 Pfarrkirchen / Mühlkreis in Austria.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any of the obligations arising from this agreement.
Right of retention
- ESOX Inc. may invoke its right of retention and, in that case, retain Customer’s products until Customer has paid all outstanding accounts for Esox Inc., unless Customer has provided sufficient security for those costs.
- The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Esox Inc..
- ESOX Inc. shall never be liable for any damage that the customer may suffer as a result of using his right of retention.
Unless the Customer is a Consumer, Customer waives its right to set off a debt to Esox Inc. against a claim against Esox Inc.
Retention of title
- ESOX Inc. will remain owner of all the products delivered until Customer has fullfilled all his payment obligations towards Esox Inc. under any agreement concluded with Esox Inc., including any claims for failure to comply.
- Until then, Esox Inc. may invoke its retention of title and take back the goods.
- Before the ownership has been transferred to the customer, the customer may not pledge, sell, dispose or otherwise encumber to the products.
- If Esox Inc. Invokes its retention of title, the agreement shall be deemed to be dissolved and Esox Inc. shall have the right to claim damages, lost profits and interest.
- Delivery will take place as long as stocks last.
- Delivery of online ordered products takes place at the address indicated by the customer.
- If the agreed amounts are not paid or not paid in time, Esox Inc. shall have the right to suspend its obligations until the agreed part is satisfied.
- In case of late payment, there is a default on the part of the creditor, which means that the customer cannot object to a late delivery of Esox Inc.
- The delivery times specified by Esox Inc. are indicative and ,if exceeded, do not entitle the Customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
- The delivery time begins when the customer has completed the (electronic) ordering process and has received an (electronic) confirmation from Esox Inc..
- Exceeding the stated delivery time does not entitle the customer to compensation or to dissolve the agreement, unless Esox Inc. cannot deliver within 14 days after having been reminded in writing to do so or the parties have agreed otherwise.
- EU and UK orders could take 1 – 2 weeks to be delivered, USA orders could take 2 – 3 weeks and other International orders may take longer.
But please rest assured your order will still be delivered to you as quickly and as safely as possible.
The customer must ensure that the actual delivery of the products ordered by him can take place on time
Transportation / shipping cost
Shipping and/or shipping costs are at the customer’s expense, unless the parties have agreed otherwise.
Packaging and shipping
- If the packaging of a delivered product is opened or damaged, the customer must, before receiving the product, have a note drawn up by the freight forwarder or carrier, failing which Esox Inc. cannot be held liable for any damage.
- If the customer is responsible for the transport of a product, he must report any visible damage to products or packaging prior to transportation to Esox Inc., failing which Esox Inc. cannot be held liable for any damage.
- ESOX. Inc. cannot be held liable for any loss and/or theft during transport.
- The warranty for products applies only to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the case of normal wear and damage caused by accidents, modifications made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly identified.
- The risk of loss, damage or theft of the products that are subject of an agreement between the parties shall be at the customer’s expense when they are legally and/or effectively delivered, at least in the customer’s power or from a third party receiving the product on behalf of the customer.
Customer indemnifies Esox Inc. against all claims of third parties relating to the products and/or services provided by Esox Inc.
- Customer must have promptly verified a product or service provided by Esox Inc., but no later than 6 days for any deficiencies. Any errors found must be reported in writing immediately, but within 3 working days of the discovery.
- The customer will provide the most detailed description of the deficiency, so that Esox Inc. is able to respond appropriately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- In any event, if a complaint relates to work in progress, it cannot lead to Esox Inc. being held to perform activities other than those agreed.
- If a defect is not reported or is not reported in time, the goods shall be deemed to have been accepted.
Notice of default
- The customer must notify Esox Inc. in wrting of any notic of default.
- It is the responsibility of the customer that a notice of default Esox Inc. actually reaches (in time).
Customer roll call liability
If Esox Inc. enters into an agreement with multiple customers, each of them shall be jointly and severally liable for the full amounts owed to Esox Inc. under that agreement.
Claims against Esox Inc. may not be submitted to us without our express consent.
Liability Esox Inc.
- ESOX Inc. is solely liable for any damage suffered by the Customer if and to the extent that such damage is caused by willful misconduct or willful recklessness.
- If Esox Inc. is liable for any damages, it is only liable for direct damages resulting from or related to the performance of an agreement.
- ESOX Inc. is never liable for indirect damages, such as consequential damages, lost profits, lost savings or damage to third parties.
- If Esox Inc. is liable, this liability shall be limited to the amount paid by a closed (professional) liability insurance and, in the absence of (full) payment by an insurance company of the amount of the damage, liability shall be limited to the (part of) invoice amount to which the liability relates.
- All images, photographs, colors, drawings, descriptions’s the website, social media or in a catalog are only indicative and are only approximate and cannot be the cause of compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
- Claims within the meaning of product liability are excluded, unless the trustee can prove that the error was caused by Esox Inc. and at least gross negligence.
Right to dissolve
- The Customer shall have the right to terminate the Agreement if Esox Inc. is guilty of failing to fulfill its obligations, unless such failure does not justify the dissolution, in view of its particular nature or minor significance.
- If the performance of the obligations by Esox Inc. is not permanent or temporarily impossible, dissolution can only take place after Esox Inc. is in default.
- ESOX Inc. has the right to terminate the agreement with the Customer if Customer fails to fully or promptly fulfill its obligations under the agreement, Or if Esox Inc. has taken note of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill his obligations.
- In addition, a failure by Esox Inc. in fulfilling any obligation to the customer cannot be attributed to Esox Inc. in any of the will of Esox Inc., an independant situation, Which prevents the fulfillment of its obligations toward the customer in whole or in part, or which does not reasonably require the fulfillment of its obligations by Esox Inc.
- The situation of force majeure referred to in paragraph 1 includes, but is not limited to, the state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, Internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions and work stoppages.
- If a situation of force majeure occurs that prevents Esox Inc. from fulfilling 1 or more obligations to the customer, such obligations shall be suspended until Esox Inc. can meet them again.
- From the moment that a situation of force majeure has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- ESOX Inc. shall not be liable for any (damage) compensation in an force majeure situation, even if it enjoys any advantage as a result of the situation of force majeure.
Modification of the agreement
If, after the conclusion of the agreement, it appears necessary to amend or supplement its contents for its implementation, the Parties shall adapt the agreement accordingly in good time and in agreement with each other.
Change of Terms and Conditions
- ESOX Inc. is entitled to modify or supplement these terms and conditions.
- Changes of minor importance can be made at any time.
- Major changes in content will be discussed with Esox Inc. in advance with the customer as much as possible.
- Consumers are entitled to terminate the agreement in the event of a substantial change in the general terms and conditions.
Transitions of rights
- Customer rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Esox Inc.
Consequences of voidness or voidability
- If one or more provisions of these General Terms and Conditions prove null and void or void, this shall not affect the other provisions of these Terms and Conditions.
- A provision that is void or voided shall in that case be replaced by a provision closest to what Esox Inc. intended to do when drawing up the terms at that point.
Applicable law and competent court
- Any agreement between the parties shall be governed exclusively by Austrian law. The maneuverability of UN-buying rights is explicitly excluded. The agreement language is German.
The agreement partners agree to an internal court. If it is not a detailed list, all the conflicts arising from this convention shall be decided by the local court instead of the company. Bezirksgericht Rohrbach, Haslacherstrasse 2, 4150 Rohrbach-Berg is authorized to take note of any disputes between the parties, unless the law requires otherwise.