https://erson.de

The seller:

Erson Stanislaw Pagacz ul. Lipowa 7 47-420 Kuźnia Raciborska (Poland)

Tax ID: 6391797134 E-Mail: info@erson.de Phone: +48 695 995 270

I. General

1. These General Terms and Conditions of Sale apply to all enquiries or orders placed via the website https://erson.de
2. These Terms and Conditions of Sale apply to all offers and contracts relating to the sale and delivery of products by us. Consequently, you agree to these Terms and Conditions of Sale when you place an order via the website or accept an offer from us. Any deviations from these Terms and Conditions of Sale require our written consent.
3. Where these Terms and Conditions refer to 'consumers', these are, in accordance with Section 13 of the German Civil Code (BGB), natural persons who enter into a legal transaction for a purpose that is predominantly neither attributable to their commercial nor their self-employed professional activity. 'Entrepreneurs', on the other hand, are, in accordance with Section 14 of the German Civil Code (BGB), natural or legal persons or partnerships with legal capacity who place orders for commercial, self-employed or freelance purposes. 'Customers' within the meaning of these General Terms and Conditions are both consumers and entrepreneurs.
4. Acceptance of these General Terms and Conditions by the customer is voluntary, but is nevertheless necessary in order to place an order.
5. Customers are entitled to use the online service subject to its availability at any given time. The content may only be used for their own private, non-commercial purposes.
6. There is no entitlement to the permanent availability of the websites or to access to the data or other services offered. ERSON does not guarantee that the platform or parts of the services will be available at all times.
7. Orders can only be accepted from customers who have reached the age of 18.
8. The use of the electronic services as a service provided electronically entails the typical risks associated with data transmission over the internet, such as the disclosure of customer data, unauthorised access or the loss of customer data. The seller and the customer are obliged to take measures to minimise these risks.
9. Use of the online shop, in particular the use of the electronic services and the conclusion of sales contracts, is possible provided that the customer's end devices and ICT system meet the technical requirements. The seller may, for technical reasons, temporarily disable some of the online shop's functions - but for no longer than 48 hours - in order to improve the shop, add services or carry out maintenance work. The seller will endeavour to provide information about any technical disruptions by posting a notice on the online shop's homepage.

II. Electronic services

1. The seller provides customers with the following electronic services free of charge via the online shop:
2. • a) Account;
   • b) the ability for customers to place orders and conclude sales contracts in accordance with the terms set out in these Terms and Conditions;
   • c) the option to use a shopping basket;
2. Customers may use their account by completing the following steps:
3. • a) Completing the registration form and accepting the terms of these Terms and Conditions;
   • b) clicking the 'Register' button.
3. The following customer details are required on the registration form: first name and surname, email address and a password of the customer's choosing.
4. The service contract is concluded when all of the following conditions are met: (i) the customer has validly completed and accepted the registration form to set up an account (submission to the seller), (ii) acceptance of the General Terms and Conditions; and (iii) confirmation by the customer of the conclusion of the service contract by clicking on the activation link sent by the seller to the email address provided by the customer during registration. The account is made available free of charge for an indefinite period.
5. The Seller may refuse to register an account if the Customer breaches the provisions of paragraph 7 below.
6. Use of the shopping basket begins when the customer adds the first product to the shopping basket. The shopping basket is a one-off service provided free of charge and ends when the customer places an order via it or ceases to do so. Depending on the available functions, the shopping basket at may store information about the products selected by the customer even after the browsing session has ended, but it does not guarantee that copies of the products selected by the customer will be available to enable the order to be placed at a later date.
7. In particular, the customer is obliged:
8. • a) to provide only truthful, up-to-date and complete customer details in the order and in their account, and, in the event of any change to these details, to update them immediately, including any personal data the customer has provided to the seller in connection with the conclusion of the sales contract or the use of the electronic services;
   • b) to use the electronic services in such a way that the operation of the seller's online shop is not impaired;
   • c) to use the electronic services in a manner consistent with the law, the provisions of these General Terms and Conditions, and the customs and rules of social conduct accepted in the relevant field;
   • d) to treat the login and password as confidential and, in particular, not to disclose them to unauthorised persons. In particular, the Seller shall not be liable for any loss of data or unauthorised access to data stored in the account resulting from a breach of the above obligation by the Customer;
8. The Seller may terminate the service contract on the following valid grounds:
   (c) the customer breaches the provisions of Article II (7) of the General Terms and Conditions.
9. • a) the manner in which the electronic services are used contravenes the rules and purpose of the online shop;
   • b) the customer's activities contravene public morality, incite violence, constitute a criminal offence or infringe the rights of third parties;
9. Notice of termination of the service contract by the seller must be sent to the email address provided by the customer.
10. The notice period for both parties is 14 days. Termination of the service contract by either party shall result in the deletion of the account.

III. Conclusion of the Contract

1. The presentation of products in our online shop does not constitute a legally binding offer, but merely a non-binding online catalogue.
2. All offers of goods displayed by us - including price information - are subject to change without notice and merely constitute non-binding invitations to the customer to make an offer to purchase. By clicking the 'Add to basket' button, you can place the relevant item in your virtual basket. The selected items are collected in the shopping basket. This process is non-binding and does not constitute an offer to enter into a contract.
3. In the shopping basket, you can check and amend the quantity of the selected items, remove individual items from the basket, or add further items by clicking the 'Continue shopping' button. By clicking the 'Proceed to checkout' button, you will be guided through further steps to access your existing account or enter your details. You (1) can then specify a different delivery address, (2) can choose one of the payment methods offered to you, (3) will be asked to agree to the General Terms and Conditions and the applicable data protection policy, and (4) will be asked to check your details and correct them if necessary before submitting the order.
4. By clicking the 'Place order with obligation to pay' button at the end of the ordering process, you are making a binding contractual declaration to conclude a contract of sale for the products in your shopping basket. You are bound by your contractual offer for a maximum of 5 days.
5. Before submitting your order in a binding manner, you have the opportunity to check the accuracy of your details and correct them if necessary. We will confirm receipt of your order immediately after you have submitted it by means of an automatic confirmation email. However, this email does not yet constitute a binding acceptance of your offer; it is merely intended to inform you that your order has been transmitted without technical errors.
6. A contract is concluded when we accept your offer to enter into a contract within the binding period by sending an order confirmation.
7. You may print out or save the contract text before submitting your order. You may also archive your order details by either (1) downloading the Terms and Conditions and saving the details summarised on the final page of the ordering process in the online shop using your browser's functions, or (2) waiting for the automatic order confirmation and the automatic contract confirmation, which we will also send to you by email to the email address you provided once your order has been completed. It is not possible to access the text of the contract separately.
8. The contract language is exclusively German.
9. Order confirmations and further information are not provided in all languages, but only in German or English. The language of the contract is exclusively German.

IV. Price/Payment

1. The prices listed in the online shop at the time of ordering apply. All prices are gross prices inclusive of statutory VAT and are quoted in euros (€). For all customers registered as business customers in the online shop, the prices shown are net prices. The prices are quoted per sales unit as specified and are ex-warehouse, plus delivery charges.
2. The customer may choose from the payment methods displayed during the ordering process.
3. For customers whose place of residence or registered office is in the Federal Republic of Germany, the following payment options are available:
4. • a) Payment via PayPal,
   • b) payment in advance,
   • c) by credit card
4. When paying using a payment method offered by PayPal, the payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
5. If you choose the 'prepayment' payment method, the purchase price is due for payment immediately. You will receive the bank transfer details immediately upon receipt of your order. Delivery times are calculated from the date of receipt of payment. With prepayment, delivery times may therefore vary depending on the availability of the ordered item at the time of payment.
6. If you choose to pay by credit card, the amount will initially be pre-authorised when the order is completed. Your credit card account will be debited shortly after the order is completed.
7. We reserve the right, following verification of your customer details, not to offer certain payment methods and to direct you to alternative payment methods.
8. You agree that invoices and credit notes will be sent exclusively in electronic form.
9. The goods delivered remain our property until full payment has been made (retention of title in accordance with Sections 158 and 449 of the German Civil Code (BGB)).

V. Delivery

1. The product will be delivered to the address provided by the customer when placing the order. Delivery is available within Germany only.
2. Delivery will take place within approximately 3 to 7 working days of receipt of payment.
3. Any specified delivery date is non-binding and shall be extended accordingly if the buyer delays or fails to provide the necessary or agreed cooperation.
4. In the event that the ordered goods are unavailable through no fault of ERSON as a result of late or incorrect delivery (including delivery of short quantities) by a supplier, despite a supply contract concluded between ERSON and the supplier for the ordered goods, ERSON reserves the right not to deliver. In this case, ERSON will inform the customer immediately of the unavailability of the ordered goods and will refund any payments already received without delay.
5. If delivery to you is not possible because you cannot be found at the delivery address you provided, even though you were given reasonable notice of the delivery time, you shall bear the costs of a redelivery.
6. For consumers, the risk of accidental loss and accidental deterioration of the goods sold passes to the consumer upon handover of the goods to the consumer or to a recipient designated by them. The handover is deemed to have taken place if the buyer is in default of acceptance. Otherwise, the risk of accidental loss and accidental deterioration of the goods passes to the buyer upon handover; in the case of a sale by delivery, upon delivery of the goods to the carrier or to any other person or organisation designated to carry out the dispatch.

VI. Right of withdrawal

1. Provided that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), you have a statutory right to cancel your order in accordance with Section 312g BGB or Section 355 BGB.
2. You have the right to withdraw from this contract within fourteen days without giving any reason.
3. The withdrawal period is fourteen days from the day on which you, or a third party designated by you (other than the carrier), took possession of the goods.
4. To exercise your right of withdrawal, you must contact us at
   Erson Stanisław Pagacz ul. Lipowa 7 47-420 Kuźnia Raciborska info@erson.de
   by means of a clear statement (e.g. a letter sent by post or an email) informing us of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory.
5. Furthermore, the consumer may submit a notice of withdrawal from the sales contract to the seller by using the 'Withdraw from the contract here' function (in accordance with Directive 2023/2673 of the European Parliament and of the Council of the EU), i.e. via their user account or via the online form provided on the website, in accordance with the instructions in paragraph 6.
6. The customer may notify their wish to withdraw from the contract in two ways:
7. • a) If they are logged into their user account - a list of orders eligible for return is displayed in their customer area, and they submit their notice of withdrawal via this area. The customer's details (first name, surname, address) are automatically populated based on the order.
   • b) Without creating a user account, directly via the website - the customer enters the order number and the email address used at the time of purchase. The system checks whether these details match the order placed before displaying the order details. In both cases, the customer selects which products they wish to return - they may return the entire order or just part of it. Once the request has been submitted, the system automatically carries out the following steps:
   • It calculates the estimated refund amount (based on the prices of the returned products and - if the entire order is being returned - the delivery costs as well),
   • generates the text of a formal cancellation notice, populated with the customer's and order's details,
   • sends the customer a confirmation email containing the following details: order number, date of the request, the full text of the declaration, a list of the products to be returned, and instructions on the next steps (where to return the goods, and the timeframe within which the refund will be processed).
7. To meet the withdrawal deadline, it is sufficient for you to send notification of your exercise of the right of withdrawal before the withdrawal period expires.
8. Consequences of withdrawal:
   Please return the goods to the following address or hand them in there: Erson, ul. Wspólna 9, 45-831 Opole, Poland.
9. • a) If you withdraw from this contract, we shall refund to you all payments we have received from you, including delivery costs (with the exception of any additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. We will make this refund using the same payment method you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund. We may withhold the refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.
   • b) You must return or hand over the goods to us without delay and, in any event, no later than fourteen days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you post the goods before the expiry of the fourteen-day period.
9. • c) You shall bear the direct costs of returning the goods. This does not apply to returns made via our standard delivery service within Germany, which are free of charge for you. You shall only be liable for any loss in value of the goods if this loss in value is attributable to handling of the goods that goes beyond what is necessary to check their condition, properties and functionality.
9. Please note that the acrylic sheets and tubes we sell must be returned undamaged, free from scratches and in their original protective film; tubes cut to size are excluded from exchange as they are customised products.
10. Exclusion of the right of withdrawal: Unless otherwise specified, the right of withdrawal does not apply to distance contracts

• a) for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive or which are clearly tailored to the consumer's personal needs

Model withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it to)

Erson Stanisław Pagacz ul. Lipowa 7 47-420 Kuźnia Raciborska E-Mail: info@erson.de

• I/we (*) hereby withdraw from 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 if notifying in writing)
• Date.

(*) Delete as appropriate.

VII. Liability for defects (warranty)

1. The warranty is governed by the statutory provisions.
2. We are liable for material defects or defects of title in delivered items in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
3. If and to the extent that you are a business, we shall generally not be liable for defects of which you were aware at the time of conclusion of the contract or of which you were unaware due to gross negligence (Section 442 of the German Civil Code (BGB)). Furthermore, in this case, claims for defects are subject to you having fulfilled your statutory obligations to inspect the goods and give notice of defects (Sections 377 and 381 of the German Commercial Code (HGB)). Should a defect become apparent upon delivery, during inspection or at any later point in time, the business operator must notify us of this in writing without delay. In any event, obvious defects must be reported within 14 working days of delivery, and defects not detectable during inspection must be reported within the same period following their discovery by the business operator. If the contractor fails to carry out the proper inspection and/or to give notice of defects, our liability for defects that have not been reported, or have not been reported in good time or in the proper manner, is excluded in accordance with the statutory provisions. The provisions of this paragraph 3 expressly do not apply to consumers.
4. The seller undertakes to deliver the goods or product free from defects.
5. If the product sold is defective, the customer may:
6. • 1. submit a notice demanding a reduction in the purchase price or withdraw from the contract, unless the seller replaces the defective product immediately and without undue inconvenience to the customer with a product free from defects. In the event of a reduction in the purchase price, the purchase price shall be adjusted in proportion to the price arising from the contract, in the same ratio as the value of the defective product bears to the value of the product free from defects. The customer may not withdraw from the contract if the defect is not significant;
   • 2. request that the product be replaced with a fault-free product or that the fault be rectified. The seller is then obliged to replace the faulty product with a fault-free product or to rectify the fault. This must be carried out within a reasonable time and without causing undue inconvenience to the customer, subject to and in accordance with the relevant provisions of the Civil Code.
6. The customer may request that, instead of the seller's proposed remedy, a product free from defects be supplied, or that the defect be remedied instead of the product being replaced, unless the course of action requested by the customer would entail excessive costs compared with the course of action proposed by the seller. When assessing whether costs are excessive, account shall be taken not only of the value of the defect-free product in question, but also of any inconvenience the customer might have to endure in order to have the product at restored to the condition specified in the contract.
7. The shop is liable for any lack of conformity of the goods with the contract only if this is discovered within two years of the goods being handed over to the customer. The right to have the defect remedied or to have the product replaced with a defect-free one expires after two years, calculated from the date on which the purchased goods were handed over.
8. Warranty claims may be submitted by the customer, for example, in writing to the following address: info@erson.de.
9. The seller undertakes to examine every complaint within 14 days.

VIII. Liability

1. ERSON's liability is excluded, except for liability for damages arising from a breach of contractual obligations that are essential to the fulfilment of the purpose of the contract (cardinal obligations), for defective products under the Product Liability Act, for injury to life, limb or health resulting from a negligent breach of duty by ERSON or an intentional or negligent breach of duty by a legal representative or vicarious agent of ERSON, and for any other damage arising from a grossly negligent breach of duty by ERSON or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of ERSON.

VIII. Force Majeure

1. The parties shall not be liable if they are unable to fulfil their obligations at all or can only fulfil them in part due to an unforeseen event or an event constituting force majeure; this includes, amongst other things (without this list being exhaustive): floods, fire, severe weather, shortages of raw materials, strikes in the transport sector, partial or full strikes or lockouts. The party affected by such events must notify the other party immediately, but no later than within five (5) working days of the occurrence of the event.
2. The parties agree to consult as soon as possible on how the order is to be processed whilst the force majeure persists.

IX. Alternative Dispute Resolution

1. The use of out-of-court complaint and redress procedures is voluntary. The following provisions are for information purposes only and do not oblige the seller to engage in out-of-court dispute resolution. The Seller's statement regarding its consent or refusal to participate in the procedure for the out-of-court settlement of consumer disputes must be provided by the Seller on paper or another durable medium if the dispute could not be resolved following the complaint submitted by the consumer.
2. As a consumer, the customer has, for example, the following options for dealing with complaints and asserting claims out of court: the Federal Universal Conciliation Body at Zentrum Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.universalschlichtungsstelle.de.
3. The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

IX. Final Provisions

1. The website and all its content (including graphics, editorial content, documents and descriptions of products and services) are the intellectual property of Erson and/or third parties. The website and its content are protected by intellectual property rights in accordance with applicable legislation. Only the viewing of the website and its subpages, as well as printing on paper for the customer's personal use, is permitted. The reproduction, in whole or in part, of the database or its content for purposes other than those strictly personal to the customer is prohibited.
2. All legal transactions or other legal relationships with us are governed by the law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other international conventions, even where incorporated into German law, shall not apply. In the case of contracts with consumers, this choice of law shall apply only 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 the consumer has their habitual residence.
3. If the customer is a trader, a legal person governed by public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business (Poland).
4. Should individually provisions of the contract, including these provisions, be or become invalid in whole or in part, or should the contract contain an unforeseen omission, the validity of the remaining provisions or parts of such provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the relevant statutory provisions.

20 July 2026