Terms and Conditions Erson.de
Please note that the German version of our Terms and Conditions is exclusively legally binding. The English translation laid out below only serve comprehensional purposes for international customers
Terms and Conditions
The seller :
Erson Stanislaw Pagacz
Ul. Lipowa 7,
47-420 Kuźnia Raciborska, (Poland)
Tax ID : 6391797134,
+49 1514 5203005
+48 695 995 270
- These Terms and Conditions specify the general conditions and ways of provision of services electronically and selling via the Online Shop erson.de . The Shop is operated by Seller.
- These Terms and Conditions are always available at the website erson.de , which allows to download, display and record their contents by printing or saving them to a data carrier at any time.
- The Services are made available by the Seller in the Online Shop free of charge and are rendered by the Seller 24 hours a day, 7 days a week.
- Before proceeding with an order you will be required to show that you have read and understood the following terms and conditions.
- Insofar as these Terms and Conditions refer to “consumers”, these are natural persons who conclude a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity in accordance with Section 13 of the German Civil Code (BGB). “Entrepreneurs” are, on the other hand, natural or legal persons or partnerships with legal rights, which are able to appoint for commercial, independent or freelance purposes in accordance with Section 14 of the German Civil Code (BGB). “Customers” within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
- The presentation of the products in our online shop does not constitute a legally binding offer, but only a non-binding online catalogue.
- To place an Order, an active electronic mail account is required. If the Order is placed via the Order form available on the Online Shop website, the Customer places the Order with the Seller electronically, which constitutes an offer to conclude an Agreement for the Sales of the Goods being the subject of the Order. The offer made electronically shall be binding for the Customer if the Seller sends – to the electronic mail address provided by the Customer – a confirmation of acceptance of the Order for processing, in the form of the Seller’s declaration of acceptance of the Customer’s offer; upon its receipt by the Customer the Sales Agreement shall be concluded.
- Order confirmation and further information are not provided in all languages, but only in German or English. Contract language is exclusively German.
- The prices are provided in EUR and include all elements, in particular VAT(Value added Taxes ) and other charges.
- The Customer may choose the following payment methods:
- bank transfer to the Seller’s bank account (in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer, and the Goods shall be dispatched immediately after the funds are credited on the Seller’s bank account and after the Order is completed);
- electronic payment PayPal (in this case the Order’s processing shall commence after the Seller sends a confirmation of acceptance of the Order to the Customer and after the Seller receives information from the system of the payment processing agent that the Customer has made the payment, and the Goods shall be dispatched immediately after the Order is completed).
- When making a payment, the Customer will be informed immediately before making the payment about the amount in which the payment should be made, about the possible methods of its execution and about the data of the payment provider, if the given service is possible. Detailed terms and conditions for making payments through the operators performing electronic payments are available on the website of the given operator.
- When making a payment via an electronic payment operator, the User should follow the instructions given by the operator of electronic payments in order to make a payment.
- The customer agrees that the purchase documents (VAT invoice / receipt) for the order will be sent electronically.
- Until full payment has been made, the delivered goods remain our property (reservation of ownership pursuant to Sections 158, 449 of the German Civil Code).
- The product will be delivered to the address indicated by the customer at the time of ordering. Delivery takes place only within Germany.
- The delivery time takes place within approx. 3 to 7 working days after receipt of payment.
- The indication of a delivery date is non-binding and is extended appropriately if the buyer delays or fails to cooperate with any necessary or agreed cooperation.
- The deadline for delivery and processing of the Order shall be calculated per Business Days.
- If the ordered Goods have different delivery deadlines, the longest deadline shall apply to the whole Order.
- If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), you have a legal right to cancel your order in accordance with Section 312g of the German Civil Code (BGB) or Section 355 of the German Civil Code (BGB).
- You have the right to withdraw from this contract within fourteen days without giving any reason.
- In order to exercise your right of withdrawal, you must contact us
- Erson Stanislaw Pagacz
- Ul. Lipowa 7,
- 47-420 Raciborska Forge,
- The Customer may compose the declaration by himself or use the form of declaration of withdrawal from Agreement.
- The 14-days’ deadline shall be calculated from the day when the Goods were delivered or – in the case of an Agreement for Services – from the day it was concluded.
- Upon receipt of the Consumer’s declaration of withdrawal from the Agreement, the Seller shall send a confirmation of receipt of the declaration of withdrawal from Agreement to the Consumer’s electronic mail address.
- In the case of withdrawal from a distance Agreement, such an Agreement shall be deemed not concluded. What the parties have rendered shall be returned in an unchanged condition, unless the change was necessary within the scope of the ordinary management, in particular to determine the nature, features and functioning of the item. The items should be returned immediately, not later than within 14 days.
- The purchased Goods should be returned to the address of the Seller, attaching the proof of purchase.
- The Seller shall immediately, but not later than within 14 days from receipt of the Consumer’s declaration on withdrawal from the Agreement, return to the Consumer all the payments he has made, including the costs of delivery for the Goods. The Seller shall refund the payment with the same method of payment as was used by the Consumer, unless the Consumer agrees to another way of refund, whereas such a refund shall not generate any cost for the Consumer.
- The Seller may withhold the refund of payment received from the Consumer until he receives the returned item or the Consumer provides a proof of its return dispatch, whichever comes first, unless the Seller offered to pick up the item from the Consumer by himself.
- If the form of delivery of the Goods selected by the Consumer is other than the least expensive, regular form of delivery offered by the Seller, the Seller shall not be obliged to refund to the Consumer any additional costs he has incurred. The Customer shall only incur the direct cost of return of the Goods, unless the Seller has agreed to incur that cost.
- Exclusion of the right of withdrawal : The right to withdraw from Agreement by the Consumer shall be excluded in the following cases:
- for an agreement where the subject of the service are non-prefabricated Goods manufactured as per the specifications of the Consumer or serving to satisfy his unique needs;
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back to)
– Erson Stanislaw Pagacz
Ul. Lipowa 7,
47-420 Raciborska Forge,
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for paper communication)
(*) Inaccurate deletion.
- Liability for defects (guarantee)
- If the purchased good is defective, the provisions of the statutory liability for defects apply.
- The customer is asked to complain to the delivery company of delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
- Force Majeure (Force Majeure )
- The parties shall not be liable if they are unable to fulfil their obligations at all or only partially due to an unforeseen or force majeure event; this includes, but is not limited to: floods, fires, severe weather, shortages of raw materials, strikes in the transport sector, partial or full strikes or lockouts. The party affected by such events shall inform the other of this event without delay and at the latest within five (5) working days of the occurrence of this event.
- The parties agree that they shall agree as soon as possible how the order should be processed as long as the force majeure continues.
- Alternative dispute resolution
- According to article 14, paragraph. 1-2 of Regulation of the European Parliament and of the Council (EU) No 524/2013 from 21 May 2013, we commit ourselves to placing information on the ODR platform. Online Dispute Resolution is intended to facilitate an independent, non-judicial settlement of disputes between consumers and traders through the Internet. These disputes relate to contractual obligations arising from online sales or service contracts concluded between consumers living in the Union and traders established in the Union.
- The Consumer who would like to take advantage of the possibility of an amicable resolution to disputes concerning online purchases may submit a complaint, for example, via the EU”s Internet ODR platform which is available at: http://ec.europa.eu/consumers/odr/.
- Final provisions
- All content on the https://erson.de website including, without limitation, logos, registered trademarks, text, photographs, images, drawings, models or charts, is protected by intellectual property laws. None of the content may be downloaded, copied, reproduced, republished, posted, transmitted, stored, sold or distributed without the prior written permission of the copyright holder.
- Users agree that all access and use of this Website https://erson.de and its content is at their own risk. The Seller shall not be held liable in any manner for failures, errors, or computer viruses affecting access to this Website, or any computer malfunctions that occur following Website access. The Seller shall not be liable in any manner for any direct or indirect damages arising out of access to the Website or downloading content including images, text, or video files.
- These terms and conditions are governed by German law. If you are a consumer, this means a Contract for the purchase of Products and any dispute or claim arising out of or in connection with it will be governed by German law, except that if you are not resident in Germany law shall apply only to the extent that it does not override any mandatory laws of the country in which you have your usual place of residence.
- If any provision of these terms and conditions is found to be invalid or unenforceable by a court the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.
- The Seller reserves the right to modify these terms and conditions. New versions will be indicated on the Website. The online version on the Website at the time you place your order will supersede any other prior version