General Terms and Conditions
enyi, Kriegerstaße 29, 30161 Hanover, Germany
- §1 General, Definitions
- §2 Conclusion of contract
- §3 Retention of title
- §4 Remuneration
- §5 Payment options
- §6 Delivery
- §7 Transfer of risk
- §8 Warranty
- §9 Limitation of liability
- §10 Final provisions, dispute resolution
1 General, definitions
(1) enyi offers via the online store on the website http://enyi.app mainly streetwear collections and skincare products. The following General Terms and Conditions (GTC) apply to the business relationship between enyi and the customer in their version valid at the time of the order.
(2) Consumer is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to his commercial nor his independent professional activity. Entrepreneurs in the sense of the Terms and Conditions are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding the legal transaction. Customers within the meaning of the Terms and Conditions are both consumers and entrepreneurs.
(3) Individual contractual agreements shall take precedence over these GTC. Deviating, conflicting or supplementary GTC shall not become part of the contract unless their validity is expressly agreed.
2 Conclusion of contract
(1) The presentation of the goods on the website of enyi does not represent an offer in the legal sense, but only an invitation to the customer to make an offer in the legal sense. The ordered goods can deviate due to the technically conditioned representation possibilities slightly in the context of the reasonable from the goods represented in the Internet, in particular it can come here to color deviations, as far as this is reasonable.
(2) The order by the customer can be made via the website enyi.app or by e-mail The order of the customer represents a binding offer to conclude a purchase contract for the ordered product(s).
(3) enyi will confirm the receipt of the customer's order immediately by e-mail.
a) In case of payment by credit or debit card/GooglePay/ApplePay/PayPal, the contract is concluded with payment instruction by the customer. Condition for an effective conclusion of the contract is always that the ordering process is completed with sending the order.
(4) The conclusion of the contract is subject to the proviso that in the event of incorrect self-delivery, not to perform. This is valid only in the case that the non-delivery is not to be represented by enyi and this with the necessary care a concrete covering transaction with the supplier has locked. enyi will undertake all reasonable efforts, in order to procure the commodity. Otherwise the consideration will be refunded immediately. In case of unavailability of the goods the customer will be informed immediately.
3 Retention of title
(1) With consumers enyi reserves the property of the goods until the complete payment of the purchase price. With entrepreneurs enyi reserves the property of the product up to the complete payment of all demands from a current business relation.
(2) With behavior contrary to the terms of the contract of the customer, in particular with delay of payment, with wrong data of the customer about his creditworthiness or if an application for opening of the insolvency procedure is made, enyi is entitled - if necessary after setting of a time limit - to withdraw from the contract and to require the commodity out, if the customer did not furnish the consideration yet or not completely.
(3) The entrepreneur is entitled to resell the goods in the ordinary course of business. He assigns already now to enyi all claims in the amount of the invoice, which accrue to him by the resale against a third party. enyi accepts the assignment. After the assignment the entrepreneur is authorized to collect the claim. enyi reserves the right to collect the claim itself, as soon as the entrepreneur does not meet his payment obligations properly and is in default of payment.
(4) enyi commits itself to release the securities entitled to it on demand of the customer, as far as the realizable value of the securities exceeds the demand to be secured by more than 10%. The choice of the securities to be released is incumbent on enyi.
(1) The stated purchase price is binding. The purchase price includes the statutory sales tax. Additional shipping costs are included in the shipping costs overview/delivery restrictions. Costs for packaging are already included in the shipping costs.
5 Payment options
(1) Customers can pay the purchase price by Credit- or Debitcard. GooglePay, ApplePay, PayPal.
(1) Delivery is worldwide. Delivery within the EU: 5-10 business days. Delivery outside the EU: 15-20 working days.
(2) The delivery period for deliveries within Germany is indicated on the respective offer page. The start of the delivery period is determined (depending on the selected payment method).
(3) When paying by credit or debit card/GooglePay/ApplePay/PayPal the delivery period begins one day after making the payment instruction.
(4) If the beginning or the end of the period falls on a Saturday, Sunday or a public holiday, the beginning or the end of the period shall be postponed to the following working day.
(5) Regarding the reservation of proper self-delivery enyi refers to § 2 paragraph 4 of these terms and conditions.
(6) enyi is entitled to partial delivery, as far as a partial delivery is reasonable for the customer under consideration of his interests. This has no influence on the content of the contract, especially on the performance owed by enyi or on the agreed time of performance. The customer does not incur any additional costs due to the partial delivery.
7 Transfer of risk
(1) For consumers, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the consumer upon delivery of the goods, even in the case of a mail order purchase.
(2) In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, in the case of sale to destination upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
(3) Handover shall be deemed to have taken place if the Customer is in default of acceptance.
(1) The customer is entitled to a statutory warranty right, which is modified according to §§ 8, 9 of these GTC.
(2) Ordered goods may deviate slightly from the goods depicted on the Internet within the bounds of what is reasonable. Reference is made to § 2 para. 1 of these GTC.
(3) Consumers have the choice whether to demand subsequent performance by repair or replacement. The seller is entitled to refuse the type of supplementary performance chosen if it is only possible at disproportionate cost and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of companies, enyi shall initially provide warranty for defects of the goods at its discretion by rectification or replacement delivery.
(4) If the subsequent performance fails, the customer may in principle at his discretion demand reduction of the purchase price (reduction) or rescission of the contract (withdrawal); in addition, the customer may demand damages instead of performance. In the event of only insignificant defects, the customer - taking into account the interests of both parties - shall not be entitled to withdraw from the contract. Instead of damages in lieu of performance, the customer may demand reimbursement of futile expenses within the scope of § 284 of the German Civil Code (BGB), which the customer incurred and could reasonably be expected to incur in reliance on receipt of the goods. If the customer chooses compensation instead of performance, the limitations of liability according to § 9 para. 1 of these GTC apply.
(5) Entrepreneurs must notify enyi of obvious defects of the delivered goods within a period of 5 days from receipt of the goods; otherwise the assertion of the warranty claim is excluded. The timely dispatch or notification is sufficient to meet the deadline. For merchants, § 377 HGB (German Commercial Code) shall apply.
(6) If the customer is an entrepreneur, only the product description of enyi is considered as agreed upon as the quality of the goods. Public statements, promotion or advertising of the manufacturer do not represent a contractual quality of the goods.
(9) enyi does not give any guarantees in the legal sense to the customer, if not expressly agreed otherwise.
9 Limitations of liability
(1) In case of slightly negligent breaches of duty the liability is limited to the average damage foreseeable according to the type of goods and typical for the contract. This also applies to slightly negligent breaches of duty of the legal representatives or vicarious agents of enyi. enyi is not liable for slightly negligent breach of minor contractual obligations. enyi is liable, however, for the breach of obligations, the fulfillment of which makes the proper execution of the contract at all possible and on whose compliance the customer may rely.
(2) The preceding limitations of liability do not concern claims of the customer from warranties and/or product liability. Furthermore the limitations of liability do not apply in case of fraudulent intent, in case of breach of essential contractual obligations as well as in case of bodily harm and damage to health attributable to the seller or in case of loss of life of the customer.
(3) enyi is only liable for own contents on the website or the online store.
10 Final provisions, dispute resolution
(1) The law of the Federal Republic of Germany applies. For consumers who do not conclude the contract for professional or commercial purposes, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. §§ Sections 114, 99 TDSG shall remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is the competent court at the place of business of enyi, unless an exclusive place of jurisdiction is given. enyi is however also entitled to sue the merchant at his place of residence or business. The jurisdiction due to an exclusive place of jurisdiction remains unaffected.
(3) We are obliged to inform you that with regard to the so-called online dispute resolution by the European Commission, a corresponding online platform is available. You can access this platform at the following link: https://ec.europa.eu/consumers/odr. In this context, we are also obliged to inform you of our e-mail address. This is: [email protected]
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.