You can expect your order to arrive within 5-10 workdays – depending on where you live. We send all merchandise as packages, which makes it possible to track them in case of problems. During shipment your package is insured and we kindly ask you to verify the content upon delivery. Should the package or content be damaged upon arrival please report it to us no later than two days after receiving it and return the merchandise to us. Essence of Chi GmbH is not responsible for merchandise that is damaged during transport. We always pack everything with the utmost care and attention to detail, thereby minimizing possible damage.
Returns and Refunds
As part of our mission to ensure your satisfaction, Essence of Chi GmbH gladly accept returns. You must however return the merchandise unopened, no later than 14 days from the date of receipt. Please attach your invoice with the return package. We do not accept items that have been opened or altered in any way. As soon as we have received the returned items and they have been examined we will credit your account/credit card. We only credit the card or PayPal account that was used to purchase the items. Make sure to keep your postage receipt as a proof that the package was sent. You are responsible for the return expenses. Please return your product(s) to our Head Office.
General Terms & Conditions for web sales and delivery of Essence of Chi products
1 Applicability and amendments
The General Terms & Conditions exclusively apply to any and all offers, agreements, sale and deliveries of products by Essence of Chi GmbH through the Essence of Chi website shop.
Essence of Chi explicitly rejects the applicability of any other (general) terms. The Client explicitly acknowledges and accepts that any other terms or conditions are not applicable.
Essence of Chi GmbH has the right to amend the General Terms & Conditions without prior notice. Any amendments to the General Terms & Conditions will be published on the Website.
With regard to the sale, purchase, delivery of special products, but not limited to products of which the price is provided upon request, limited editions and products of which the purchase order / Agreement is not completed through the Website shop, Essence of Chi GmbH is entitled to apply additional or other terms and conditions.
2 Order confirmation
An order confirmation is legally binding to the Client 8 days after receiving the goods. The Client can, in writing, object to mistakes/incorrect information in the order confirmation up to 8 days from receiving the goods.
Complete or partial cancellation of confirmed orders will be charged 25% of invoice value, provided the cancellation takes place within 5 working days after receiving the order confirmation.
The cancellation of any special orders will be charged at 100% of the order price.
Any costs incurred for returning the products to Essence of Chi GmbH are the responsibility of the Client.
3 Offers and agreements
All offers made by Essence of Chi GmbH are noncommittal except in case of a Consumer Purchase, and may be subject to change, availability and the mentioned term of validity.
Unless Essence of Chi GmbH has explicitly accepted another manner of closing the Agreement, all Agreements are deemed closed if the Client has received a written (including e-mail) confirmation of his purchase from Essence of Chi GmbH. An automatically generated confirmation is not to be considered as such written confirmation.
Essence of Chi GmbH may refuse orders or attach certain conditions to the delivery, unless otherwise explicitly determined.
Acceptance of an offer or the purchase of a product implies that the Client accepts the applicability of these General Terms & Conditions.
The Client carries full responsibility for providing Essence of Chi GmbH with complete and correct details in order to enter into the Agreement.
Essence of Chi GmbH is entitled to assign third parties to execute the Agreement. These General Terms & Conditions also apply to the relation with these third parties.
4 Prices and payment
The prices published on the website for all products offered via/in the Essence of Chi™ website shop are in Euros and include VAT. The prices exclude the costs of handling and dispatch, applicable taxes or other duties, unless otherwise notified or agreed by Essence of Chi GmbH.
Currently, the prices published on the website for the products and services offered via/in the Essence of Chi™ online shop to Clients residing outside of Europe can be purchased excluding VAT (19%) However, costs of handling and dispatch do apply and vary depending on the country from which the order is received. Applicable taxes or other duties, unless otherwise notified or agreed by Essence of Chi GmbH are the responsibility of the Client. Essence of Chi charges a standard payment handling fee for each order which is handled via the website.
For orders processed via email, Essence of Chi GmbH payment terms are 14 days net from date of invoice. If payment is not completed in due time, Essence of Chi GmbH will charge interest according to the interest rates suggested by the German National Bank and additional 7% each month until payment is complete. Charges for sending reminders regarding non-payment are € 5.50 for each reminder.
In case of failure to meet payment, Essence of Chi GmbH reserves the right to cancel the agreement/order without prior notification and to demand compensation for any losses incurred due to failure to pay, including the agreed order price and other documented related costs.
5 Order size
There is no minimum order for Personal Consumer Orders via the Essence of Chi™ website.
Commercial orders are subject to a minimum order to be determined with the Client and confirmed in writing. To provide for the fastest delivery of orders, Essence of Chi GmbH reserves the right to adjust the order by 10% in order to meet standard packaging sizes.
The term for delivery given by Essence of Chi GmbH is provided as an indication only and shall never constitute a fixed or fatal deadline. Should a term for delivery be exceeded, this shall not give the purchaser the right to claim compensation.
For all purchases – with the exception of personal consumer orders – Essence of Chi GmbH must be notified in writing by Client upon late delivery and Essence of Chi must be granted a reasonable term for delivery before being in default.
Essence of Chi determines the method of transport of the goods ordered via the Essence of Chi website, unless otherwise agreed.
Delivery to the Client takes place at the moment that the products leave Essence of Chi’s premises or storage. Products are considered to be delivered to a Consumer at the moment the products are delivered at the address provided by the Consumer or in absence of Consumer at the post-office, at Consumers neighbor’s premises or, with the consumer’s consent, any other third party address which has been provided at the time of order.
If a delivery is rejected by a Client, the costs arising from this rejection may be charged to Client, as well as any ensuing damages suffered by Essence of Chi GmbH.
7 Defective products and complaints
All Essence of Chi products comply with standards, demands and functionalities that can reasonably be set for such products if used in the regular manner and for the purposes intended for. Certain products may be subject to minor deviations in shape and color. This depends on the raw materials from which the products are manufactured. Essence of Chi GmbH is considered to have met the obligation of delivery in case of such minor deviations. All information and pictures with regard to the colors, materials, sizes and details of the products are to be considered as an indication of the product. Minor deviations of these aspects cannot be a cause for return of the Product, dissolution of the Agreement, price reductions or compensation of damages or costs. If applicable, the terms and conditions for warrantees from manufacturers and importers apply to the delivered products.
Upon delivery, the Client is obliged to check whether the Products comply with the Agreement. Should this not be the case, the Client shall notify Essence of Chi GmbH in writing including motivation immediately in case of deviations in the outer appearance of the product, or within 8 days of delivery in any other case.
A complaint cannot be accepted if the product has been used contrary to the instructions for use, the product has been used without care or has been used for a purpose other than that for which it was designed and intended.
Essence of Chi GmbH is not liable for damages caused by inexpert use of the delivered product or usage for other purposes then the purposes for which the product is intended according to objective standards.
Essence of Chi GmbH is not liable for indirect damages and costs, but not limited to, lost profits, consequential damages, damages caused for example, by delayed delivery, mutilated or destructed data or materials or lost turnover.
The Client shall indemnify Essence of Chi GmbH from the consequences of any claims by third parties arising from the execution of the Agreement and which are caused by acts attributable to the Client.
Essence of Chi GmbH is only liable for personal or item damages when it can be documented that the damages are directly caused by negligence/mistakes from Essence of Chi GmbH. Essence of Chi GmbH is not liable if the product has been used without care or has been used for a purpose other than that for which it was designed and intended.
Claim for damages must be submitted in writing to Essence of Chi GmbH max. 14 days after the damage has occurred. Essence of Chi’s total liability is limited to compensation of the amount that the insurance company pays out to Essence of Chi GmbH. If the insurance company does not pay out any amount to Essence of Chi GmbH and Essence of Chi GmbH is liable for compensation of damages according to this article 3, then Essence of Chi’s total liability is limited to compensation of the amount of the invoice with regard to the relevant product delivery/purchase, which can be maximized by Essence of Chi GmbH to a specific amount with regard to products of which the purchase price is provided to Client upon request, limited editions or with regard to purchase orders/Agreements which are not completed through the online shop.
9 Force Majeure
Force Majeure is taken to mean any shortcoming, which may not be attributed to Essence of Chi GmbH according to law, jurisprudence or generally accepted situations or circumstances. Force Majeure is also taken to mean import or export prohibitions by or because of a government, lack of or non-timely delivery by suppliers to Essence of Chi GmbH, strikes or extremely high absenteeism due to illness suffered by employees of or suppliers to Essence of Chi GmbH.
In the event of a Force Majeure situation, Essence of Chi GmbH has the choice of either cancelling current and/or future orders, or the execution of the Client’s order or rescinding the order without legal intervention, by informing Client of this in writing and without being held to any form of liability for damages or costs. The Client shall be obliged to pay for any product(s) or services that have been delivered by Essence of Chi GmbH.
10 Intellectual property rights
The Client acknowledges that Essence of Chi GmbH is the rightful owner and/or licensee with regard to the relevant intellectual property rights concerning all Essence of Chi GmbH products, packaging and pictures thereof, the website, texts, trademarks, trade names and logo’s, information, Essence of Chi concepts and databases and shall entirely and unconditionally respect these rights. The Client is prohibited to reproduce and/or make available to the public any of the protected items without the prior written consent of Essence of Chi GmbH.
The Client is not allowed to share or transfer the Agreement or any rights arising from the Agreement with Essence of Chi GmbH to third parties.
11 Applicable law and competent court
All rights, obligations, offers, orders and Agreements to which these terms apply, as well as these General Terms & Conditions themselves, are governed by German law only.
Any disputes between parties will be submitted to the jurisdiction of the competent Courts in Germany.