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 the provider ( Marvin Moik ) via the website https://essentialbag.de/. Unless otherwise agreed, the inclusion of any terms and conditions you may use 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 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 items you intend to purchase are placed in your "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 details will 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 selections or enter your data there. Finally, the order details will be displayed as an order overview on the instant payment system provider's website or after you have been redirected back to our online shop.

Before submitting your order, you have the opportunity to review the information in the order overview, change it (also via the "back" function of your 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 submit 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 orders and the transmission of all information required in connection with the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.  

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

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

(8) Should the customer exercise their right of withdrawal or cancel the original purchase, the additional offer will also be automatically canceled. 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 general return and warranty conditions, with the exception of the above restrictions related to cancellations and returns of the original purchase.



§ 3 Individually designed goods

(1) You shall 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 agree not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this context.

(3) We do not check the transmitted data for accuracy and therefore assume no liability for errors.

§ 4 Special agreements on offered payment methods

(1) Payment via SOFORT / Sofortüberweisung
If you select the Sofort / Sofortüberweisung payment method, payment processing will be carried out by 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 activated online banking account. During the payment process as part of the order, you must provide appropriate identification and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after you place your order. Further information about SOFORT can be found 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 payment methods such as invoice, installment purchase, and/or direct debit requires a positive credit check. Therefore, we will forward your data to Klarna for address and credit checks as part of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you 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," payment processing will be carried out by 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 during the online ordering process. "PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed separately. Further information about "PayPal" can be found 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" will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. "Stripe" may use other payment services for payment processing; if special payment terms apply, you will be informed 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 the claims arise 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 inspect 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. Failure to do so will not affect 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 contractual declaration was made and the deviation was expressly and separately agreed between the contracting parties.

§ 7 Choice of law

(1) German law shall apply. For 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 of their habitual residence (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 neither willing nor 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 via email.

3.3. For inquiries outside 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. Shipping costs apply, depending on the purchase value and whether the order is a pre-order or not. Current costs can be found in our Shipping and Payment Terms.

5.3. Any costs incurred for the transfer of money (transfer or exchange rate fees charged by credit institutions) shall be borne by you in cases where the delivery takes place 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 or accidental deterioration of the sold item during shipment only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated 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 prepared by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service .

General Terms and Conditions for the European Championship 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 terms and conditions you may use is hereby expressly excluded.

(2) Participation is open to natural persons who have reached the age of 18 and are resident in Germany. Employees of the organizer and their relatives are excluded from participation.

§ 2 Participation

(1) Participation takes place by liking the competition post, commenting with a tagging of 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 Notification of winnings

(1) The winner will be notified by 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 chosen.

§ 5 Data Protection

(1) To participate in the competition, you must provide personal information (e.g., Instagram name). This information will be used exclusively for the purpose of administering the competition and will not be shared with third parties.

(2) By participating, the participant agrees to the collection, storage and use of his 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 shall apply. For 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 of their habitual residence (favorability principle).

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

Last updated: 05.07.2024

§ 8 Mobile Terms of Use

Last updated: November 29, 2024

The Essentialbag mobile messaging service (hereinafter the "Service") is operated by ESSENTIALBAG ("Essentialbag," "we," or "us"). Your use of the Service constitutes your acceptance of 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 constitutes your acceptance of the modified Terms.

Consent for SMS/text messaging service

By opting in to Essentialbag's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Essentialbag through your wireless service provider 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 via an automated dialing system or other technology. Service messages may include updates, notifications, and information (e.g., order updates, account alerts). Promotional messages may include offers, promotions, and other marketing content (e.g., shopping cart reminders).

You understand that your consent to this program is not a condition of 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 service provider. Message frequency may vary. Message and data rates may apply. Check your wireless service plan and contact your provider for details. You are solely responsible for all SMS/text messaging charges imposed by your wireless service provider.

Unsubscribe

You can unsubscribe from the service at any time by texting ESSENTIALB with the keyword "STOP" or clicking the unsubscribe link (if available) in any text message. You will receive a one-time confirmation message confirming your unsubscribe. After that, no further messages will be sent to your mobile device unless you initiate it again. If you subscribe to multiple EssentialBag text messaging 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 are under no obligation to process such requests.

Disclaimer

The mobile operators that support the service are not liable for delayed or undelivered messages. You are responsible for providing us with a valid mobile phone number. If you get a new mobile phone number, you will need to re-register for 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 how we collect and use your personal data can be found in our Privacy Policy.