Terms and Conditions

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider ( Marvin Moik ) via the website https://essentialbag.de/. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby excluded.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of goods .

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to buy are placed in the "shopping cart". You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar.
After clicking the "Checkout" or "Continue to order" button (or similar name) and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before submitting your order, you have the opportunity to check the details in the order overview again, change them (also via the "back" function of the Internet browser) or cancel the order.

By submitting the order via the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for a quote are non-binding. We will provide you with a binding offer in text form (e.g. by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.  

(6) After completing a purchase, the customer may be shown a one-time, time-limited additional offer (“Post-Purchase Offer”). This offer is only valid for the same order process and cannot be used separately or at a later date.

(7) This is not an additional discount for the order already placed, but a one-time discount for another product that is added to the order. A separate order of this discounted product is not possible.

(8) Should the customer exercise his right of withdrawal or cancel the original purchase, the additional offer will also be automatically cancelled. In this case, there is no entitlement to the discounted price of the additional product.

(9) The Post-Purchase Offer is subject to Essentialbag's standard return and warranty terms, with the exception of the above restrictions related to cancellations and returns of the original purchase.



§ 3 Individually designed goods

(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email immediately after conclusion of the contract at the latest. Our specifications regarding file formats must be observed.

(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all claims made by third parties in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for accuracy of content and therefore assume no liability for errors.

§ 4 Special agreements on payment methods offered

(1) Payment via SOFORT / Sofortüberweisung
If you select the payment method Sofort / Sofortüberweisung, the payment will be processed via the payment service provider Sofort GmbH (Theresienhöhe 12, 80339 Munich, Germany; "SOFORT"). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). The prerequisite for using the SOFORT payment method is that you have an online banking account that has been activated for this purpose. During the payment process as part of the order, you must identify yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after you place your order. You can find more information about SOFORT at https://www.klarna.com/sofort/ .

(2) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”) we offer the following payment options. Payment is made to Klarna in each case:

  • direct debit ("Pay Now")
  • credit card

The use of the payment methods invoice and/or installment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna as part of the purchase initiation and processing of the purchase contract for the purpose of address and credit checks. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

Further information about Klarna and the Klarna terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/ .

Further information about Klarna and the Klarna terms of use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/ .

(3) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and in the online ordering process. "PayPal" may use other payment services to process payments; if special payment conditions apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .

(4) Payment via "Stripe"
If you select a payment method offered by "Stripe", payment processing will be carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are displayed to you under a correspondingly labeled button on our website and in the online ordering process. "Stripe" may use other payment services to process payments; if special payment conditions apply, you will be informed of these separately. Further information about "Stripe" can be found at https://stripe.com/de .

§ 5 Right of retention , retention of title

(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

§ 6 Warranty

(1) The statutory liability for defects applies.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.

(3) If a feature of the goods deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contract was concluded and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Choice of Law

(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.




II. Customer information
1. Identity of the seller

Marvin Moik
Hildegard-von-Bingen Str. 9
65462 Ginsheim
Germany
Phone: 030 41737421
Email: support@essentialbag.de


Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr .

We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The contract language is German .

3.2. We do not save the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance selling contracts and the general terms and conditions will be sent to you again by email.

3.3. If you request a quote outside of the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment terms

5.1. The prices and shipping costs stated in the respective offers represent total prices. They include all price components including all applicable taxes.

5.2. There are no shipping costs.

5.3. Any costs incurred in transferring money (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where the delivery is made in an EU member state but the payment was made outside the European Union.

5.4 The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

5.5 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1 The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

6.2. If you are a consumer, the law stipulates that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

7. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/ de/leistungen/ rechtssicherheit/agb-service .

General Terms and Conditions EM Competition

§ 1 Basic Provisions
(1) The following terms and conditions apply to participation in our Instagram competition, conducted by Marvin Moik, via the website https://essentialbag.de/ and the Instagram account @essentialbag.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

(2) Natural persons who are at least 18 years old and resident in Germany are eligible to participate. Employees of the organizer and their relatives are excluded from participation.

§ 2 Participation

(1) Participation is by liking the competition post, commenting and tagging a friend and following the Instagram account @essentialbag.de.

(2) Only one participation per person is possible.

(3) The competition begins on July 5, 2024 and ends on July 5, 2024 at 18:00 CET.

§ 3 Profit

(1) There is 100 € to be won.

(2) The winner will be randomly selected from all participants.

§ 4 Winning notification

(1) The winner will be notified via direct message on Instagram by July 9, 2024.

(2) If the winner does not respond within 7 days of notification, the prize will be forfeited and a new winner will be determined.

§ 5 Data Protection

(1) To participate in the competition, you must provide personal information (e.g. Instagram name). This information will be used exclusively to conduct the competition and will not be passed on to third parties.

(2) By participating, the participant agrees to the collection, storage and use of his/her personal data.

§ 6 Liability

(1) The organizer is not liable for technical malfunctions, failures of the Instagram network or other technical problems that could affect participation in the competition.

§ 7 Choice of Law

(1) German law applies. In the case of consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which he or she is habitually resident (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

Last update: 05.07.2024

§ 8 Mobile Terms of Use

Last updated: November 29, 2024

The Essentialbag mobile messaging service (the "Service") is operated by ESSENTIALBAG ("Essentialbag", "we" or "us"). Your use of the Service constitutes your agreement to these terms ("Mobile Terms"). We may change or discontinue the Service or any feature thereof without prior notice. To the extent permitted by law, we may also change these Mobile Terms at any time. Your continued use of the Service after such changes become effective will constitute your acceptance of the modified terms.

consent for the SMS/text messaging service

By agreeing to Essentialbag's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Essentialbag through your wireless carrier to the wireless number you provide, even if your wireless number is registered in a state or federal "Do Not Call" directory. Text messages may be sent using an automated dialing system or other technology. Service messages may include updates, notifications and information (e.g., order updates, account notifications). Promotional messages may include offers, promotions and other marketing content (e.g., shopping cart reminders).

You understand that your agreement to this program is not a requirement for making a purchase from Essentialbag. Participation in this program is entirely voluntary.

costs and frequency

We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless carrier. Message frequency may vary. Message and data rates may apply. Check your wireless plan and contact your carrier for more details. You are solely responsible for all charges associated with SMS/text messaging imposed by your wireless carrier.

deregistration

You may unsubscribe from the service at any time by texting the keyword "STOP" to ESSENTIALB or by clicking on the unsubscribe link (if available) in any of the text messages. You will receive a one-time unsubscribe confirmation message. After that, no further messages will be sent to your mobile device unless you initiate it again. If you participate in multiple Essentialbag SMS services, you must unsubscribe from each service separately, unless otherwise required by law.

Support and Help

For support or help, send the keyword “HELP” to ESSENTIALB or write an email to support@essentialbag.de.

Changes to speed dial or phone number

We reserve the right to change the short code or telephone number we use for the Service at any time and to notify you of such changes. You acknowledge that messages, including "STOP" or "HELP" requests, sent to a short code or telephone number that is no longer valid may not reach us, and we have no obligation to process such requests.

disclaimer

The wireless carriers that support the Service are not responsible for delayed or undelivered messages. You are responsible for providing us with a valid wireless number. If you get a new wireless number, you must re-enroll in the Service using the new number.

To the extent permitted by law, we assume no liability for any inaccurate, delayed or misdirected messages or information sent through the Service, or for any errors in such information or for any actions you may take or omit to take based on such information or the Service.

data protection

We respect your right to privacy. Information about the collection and use of your personal data can be found in our privacy policy.