1. GENERAL INFORMATION – IDENTITY OF THE SELLER

These Terms and Conditions of Sale and Use (hereinafter the “Terms and Conditions” or “T&Cs”) govern all legal relationships between:

ENROUSH BENELUX BV,
a company duly incorporated and existing under the laws of the Netherlands,
having its registered office at Westerplantage 5, 8911 DC Leeuwarden, The Netherlands,
registered with the Dutch Chamber of Commerce (Kamer van Koophandel – KvK) under number 96171251,
(hereinafter referred to as the “Company”, “Seller”, or “ENROUSH”),

and

any natural or legal person accessing, browsing, registering on, or purchasing Products via the website www.enroush.de,
(hereinafter referred to as the “User”, “Customer”, or “Consumer”).

Contact details:
📧 contact@enroush.de

2. SCOPE OF APPLICATION

These Terms and Conditions apply to:

• the use of the website www.enroush.de (hereinafter the “Website”);
• all distance selling contracts concluded via the Website;
• all Orders, Subscriptions, and related services.

Any deviating, conflicting, or supplementary terms of the Customer shall not apply unless expressly agreed in writing by the Seller.

3. CONSUMER STATUS

These Terms and Conditions apply exclusively to consumers within the meaning of Section 13 of the German Civil Code (BGB).

4. ACCEPTANCE OF THE TERMS AND CONDITIONS

Use of the Website, creation of a Customer Account, subscription to marketing communications, or placement of an Order requires the full, unconditional, and binding acceptance of these Terms and Conditions.

Acceptance is effected in particular by:

• using the Website;
• clicking the button “order with obligation to pay”;
• ticking the checkbox “I accept the Terms and Conditions”.

5. AMENDMENTS TO THE TERMS AND CONDITIONS

The Seller reserves the right to amend these Terms and Conditions at any time.

The version applicable is the one in force at the time of Website use or Order placement.

The Customer is responsible for regularly reviewing the current version of the Terms and Conditions.

6. LEGAL CAPACITY AND AGE REQUIREMENT

Use of the Website and purchase of Products is permitted only to persons who:

• are at least 18 years of age;
• have full legal capacity.

By placing an Order, the Customer confirms compliance with these requirements.

7. DEFINITIONS

For the purposes of these Terms and Conditions, the following definitions apply:

• User: any person accessing or using the Website.
• Customer / Consumer: any natural person placing an Order for private purposes.
• Website: www.enroush.de.
• Online Store: the sales section of the Website.
• Product: any good or service offered by the Seller.
• Order: the Customer’s binding offer to purchase Products.
• Contract: the distance selling contract concluded between Seller and Customer.
• Subscription: a contract for recurring deliveries.
• Customer Account: the Customer’s personal online account.
• Force Majeure: an unforeseeable and unavoidable event beyond the Seller’s control.

8. ACCESS TO THE WEBSITE

Access to the Website is free of charge.

The Seller does not guarantee:

• uninterrupted availability;
• error-free operation;
• freedom from technical disruptions.

The Seller reserves the right to restrict or suspend access to the Website at any time.

9. PERMITTED USE

The User undertakes to use the Website:

• lawfully;
• in accordance with these Terms and Conditions;
• in good faith.

In particular, the following is prohibited:

• abusive use;
• fraudulent conduct;
• infringement of third-party rights;
• unauthorized advertising or spam.

10. USER-GENERATED CONTENT

Where Users submit content (e.g. reviews), they warrant that such content:

• is lawful;
• does not infringe third-party rights;
• does not contain offensive, misleading, or illegal material.

The Seller reserves the right to remove such content at any time.

11. INTELLECTUAL PROPERTY

All content on the Website, including but not limited to:

• text;
• images;
• logos;
• trademarks;
• databases;
• software,

is protected by intellectual property law and remains the exclusive property of the Seller or its partners.

Any unauthorized use is prohibited.

12. LIMITED LICENSE

The Seller grants the User a limited, non-exclusive, non-transferable, non-commercial right to use the Website in accordance with these Terms and Conditions.

13. ONLINE STORE – GENERAL DESCRIPTION

The Seller operates an online store on the Website through which Consumers may purchase Products by means of distance selling.

The Online Store includes, in particular:

• product descriptions and essential characteristics of the Products;
• pricing information;
• available payment methods;
• delivery options and shipping costs;
• information on promotions and discounts;
• subscription models, where offered.

The Seller expressly reserves the right to modify, expand, limit, or remove Products from the assortment at any time, without giving rise to any claim by the Customer.

14. LEGAL NATURE OF PRODUCT PRESENTATION

The presentation of Products in the Online Store does not constitute a legally binding offer within the meaning of Sections 145 et seq. of the German Civil Code (BGB), but merely a non-binding invitation to submit an Order.

The Customer’s Order constitutes a binding contractual offer.

A Contract is concluded only when the Seller expressly accepts the Customer’s offer.

15. PRODUCT AVAILABILITY

All Products are offered subject to availability.

If a Product is wholly or partially unavailable after an Order has been placed, the Customer shall be informed without undue delay.

In such a case, the Seller is entitled to:

• cancel the Order in whole or in part; or
• offer the Customer an equivalent or higher-value substitute Product.

If the Customer rejects the substitute Product, any payments already made shall be refunded without delay.

16. CUSTOMER ACCOUNT

The Customer may:

• create a Customer Account; or
• place an Order as a guest without registration.

When creating a Customer Account, the Customer is obliged to provide truthful, complete, and up-to-date information.

Login credentials must be kept confidential.
The Customer is responsible for all Orders placed via their Customer Account, unless misuse is proven that is not attributable to the Customer.

17. ORDER PROCESS

The Order process consists of the following steps:

1. Selection of Products and addition to the shopping cart
2. Review of the shopping cart (Products, quantities, prices)
3. Entry of billing and delivery details
4. Selection of the delivery method
5. Selection of the payment method
6. Review of the Order summary
7. Submission of the Order by clicking
   “order with obligation to pay”

Before submitting the Order, the Customer may review and correct all entered data at any time.

18. BINDING NATURE OF THE ORDER

By submitting the Order, the Customer:

• submits a binding offer to conclude a purchase contract;
• expressly accepts these Terms and Conditions;
• undertakes to pay the total price of the Order.

19. ORDER CONFIRMATION AND CONTRACT ACCEPTANCE

After receipt of the Order, the Customer receives an automated acknowledgment of receipt by email.

This acknowledgment of receipt does not constitute acceptance of the Order.

The Contract is concluded only when:

• the Seller expressly confirms acceptance of the Order by email; or
• the Products are dispatched.

The Seller is entitled to accept or reject Orders within seven (7) calendar days.

20. REFUSAL OF ORDERS

The Seller reserves the right to refuse Orders without stating reasons, in particular in cases of:

• suspected fraud;
• incorrect or incomplete Customer information;
• payment refusal or payment issues;
• unusually large Order quantities;
• obvious pricing errors;
• violations of these Terms and Conditions;
• abusive or improper conduct by the Customer.

Any payments already made shall be refunded without delay in the event of refusal.

21. SHOPPING CART – NO RESERVATION

Products placed in the shopping cart:

• do not constitute a reservation;
• do not guarantee availability;
• become binding only upon Contract acceptance by the Seller.

22. PRICES

All prices are stated in euros (€) and include statutory value-added tax (VAT).

Any additional costs (e.g. shipping costs) are clearly and transparently displayed before submission of the Order.

The price applicable is the price displayed at the time the Order is placed.

23. OBVIOUS PRICING ERRORS

Despite careful maintenance of pricing information, errors may occur.

In the event of an obvious, recognizable, or manifest pricing error, the Seller is not obliged to perform the Contract at the incorrect price.

In such cases:

• the Customer shall be informed;
• the Contract may be cancelled;
• any payments made shall be refunded in full.

24. PRICE CHANGES

The Seller is entitled to change prices at any time.

Price changes do not affect Orders that have already been accepted.

25. PAYMENT METHODS

Payment is due immediately upon submission of the Order.

The following payment methods may be offered:

• credit or debit card;
• payment via authorized payment service providers (e.g. Stripe);
• other payment methods displayed during the Order process.

The Seller reserves the right to exclude individual payment methods.

26. PAYMENT SECURITY

Payments are processed via certified payment service providers.

The Seller:

• does not store payment data;
• has no access to confidential banking or card information.

The Seller is not liable for disruptions attributable to payment service providers.

27. PAYMENT FAILURES

If a payment is not authorized or is reversed:

• the Order shall be deemed not accepted;
• no dispatch of Products shall take place.

In the event of repeated payment failures, the Seller is entitled to block or delete the Customer Account.

28. INVOICING

An invoice is issued for each Order.

The invoice is:

• provided electronically by email; and/or
• enclosed with the delivery.

The Customer is responsible for providing correct billing information.

29. STORAGE OF THE CONTRACT TEXT

The Seller stores the contract text.

Customers with a Customer Account may access their Orders via the account.

The contract text shall only be made accessible to third parties where required by law.

30. COMMUNICATION WITH THE CUSTOMER

The Seller is entitled to contact the Customer:

• by email;
• by telephone;
• via the Customer Account,

to the extent necessary for performance of the Contract.

31. DELIVERY – GENERAL PROVISIONS

Delivery of the ordered Products shall be made to the delivery address provided by the Customer at the time of placing the Order (hereinafter the “Delivery Address”).

The Customer is solely responsible for:

• the accuracy and completeness of the Delivery Address;
• ensuring accessibility of the Delivery Address at the time of delivery.

The Seller shall not be liable for delivery delays or failed deliveries resulting from incorrect or incomplete Delivery Address information provided by the Customer.

32. DELIVERY AREAS AND CARRIERS

Delivery is carried out by independent third-party carriers selected by the Seller.

Available delivery methods, estimated delivery times, and shipping costs are displayed during the Order process.

The Seller reserves the right to:

• change carriers at any time;
• make partial deliveries where reasonable;
• adapt delivery methods due to logistical or operational constraints.

33. DELIVERY TIMES

Stated delivery times are non-binding estimates, unless expressly agreed otherwise.

Orders placed:

• on Saturdays, Sundays, or public holidays are processed on the next business day;
• after the daily cut-off time may be processed on the following business day.

Delivery times are subject to unforeseeable events beyond the Seller’s control.

34. SIGNIFICANT DELIVERY DELAYS

In the event of a material delivery delay, the statutory provisions of Sections 323 and 326 (5) of the German Civil Code (BGB) shall apply.

The Customer is entitled to:

• set a reasonable additional deadline for delivery; and
• withdraw from the Contract if delivery does not occur within that period.

Any payments already made shall be refunded without undue delay.

35. TRANSFER OF RISK

In accordance with Section 475 (2) BGB, in contracts with consumers the risk of accidental loss or accidental deterioration of the Products passes to the Customer only when the Products are handed over to the Customer or to a third party designated by the Customer.

If the Customer independently appoints a carrier not designated by the Seller, the risk shall pass upon handover of the Products to that carrier.

36. ACCEPTANCE AND INSPECTION OF PRODUCTS

Upon receipt of the Products, the Customer must immediately inspect them for:

• completeness;
• obvious damage;
• conformity with the Order.

Any visible transport damage should be reported to the carrier and documented in writing.

37. UNDELIVERED OR UNCOLLECTED PARCELS

If the Customer is not available at the time of delivery, the carrier may:

• attempt redelivery; or
• make the parcel available for collection.

If the parcel is not collected within the carrier’s specified period and is returned to the Seller:

• the Contract may be deemed terminated;
• a refund shall be issued excluding delivery costs;
• additional costs incurred may be charged to the Customer.

38. LOST PARCELS

A parcel shall be deemed lost only after completion of the carrier’s investigation process, generally after twenty-one (21) business days.

No replacement or refund shall be issued prior to completion of the investigation.

39. SUBSCRIPTIONS – GENERAL PRINCIPLES

The Seller may offer subscription models providing for regular, automatic delivery of selected Products.

By entering into a Subscription, the Customer expressly authorizes the Seller to:

• automatically generate recurring Orders; and
• charge the stored payment method accordingly.

40. SUBSCRIPTION TERM AND MINIMUM COMMITMENT

Subscriptions may be concluded for defined terms (e.g. 1, 2, 4, or 6 months), depending on the offer.

Unless expressly stated otherwise, Subscriptions include a minimum commitment of three (3) deliveries.

41. SUBSCRIPTION PRICING AND ADJUSTMENTS

Subscriptions may include:

• discounted pricing;
• preferential conditions.

Such benefits apply only if the minimum commitment is fulfilled.

The total Subscription price may change due to:

• price adjustments;
• tax changes;
• changes in shipping costs.

42. TERMINATION OF SUBSCRIPTIONS

The Customer may terminate a Subscription:

• via the Customer Account; or
• by email to contact@enroush.de,

subject to a fourteen (14) day notice period prior to the next billing cycle.

43. EARLY TERMINATION AND PRICE RECALCULATION

If the Customer terminates a Subscription before fulfilling the minimum commitment:

• all granted Subscription discounts shall be forfeited;
• Products already delivered shall be recalculated at the regular unit price;
• any resulting price difference may be invoiced to the Customer.

44. SUSPENSION OR TERMINATION BY THE SELLER

The Seller reserves the right to suspend or terminate a Subscription in the event of:

• payment failures;
• suspected fraud;
• breach of these Terms and Conditions.

45. PROMOTIONS AND DISCOUNTS – GENERAL TERMS

The Seller may offer promotions, discount codes, vouchers, or other sales incentives (hereinafter “Promotions”).

Promotions are:

• non-transferable;
• non-redeemable for cash;
• limited in time and/or quantity.

46. USE OF PROMOTIONS

Unless expressly stated otherwise:

1. Promotions cannot be combined
2. Promotions must be applied during the checkout process
3. Promotions are valid only in the specified country
4. Retroactive application is excluded

The Seller reserves the right to cancel Promotions in cases of misuse or abuse.

47. MODIFICATION OR TERMINATION OF PROMOTIONS

The Seller is entitled to modify or discontinue Promotions at any time, provided that no vested rights of the Customer are adversely affected.

48. GENERAL WARRANTY PROVISIONS

All Products supplied by the Seller are subject to the statutory warranty rights under the provisions of the German Civil Code (BGB).

Nothing in these Terms and Conditions shall exclude or limit mandatory statutory warranty rights, insofar as such exclusion or limitation is prohibited by law.

49. LIABILITY FOR MATERIAL DEFECTS (SECTIONS 434 ET SEQ. BGB)

The Seller is liable for ensuring that the Products are free from material and legal defects at the time risk passes.

In particular, a material defect exists if the Product:

• does not have the agreed quality;
• is not suitable for the use stipulated in the Contract;
• is not suitable for customary use;
• does not have the quality customary for Products of the same type that the Customer may reasonably expect;
• does not correspond to public statements made by the Seller or the manufacturer.

50. DEFECTS OF TITLE

A defect of title exists if third parties are entitled to assert rights in relation to the Product that restrict or exclude the contractual use of the Product.

51. WARRANTY PERIOD

The statutory limitation period for warranty claims is two (2) years from delivery of the Product.

Statutory provisions regarding used goods remain unaffected where applicable.

52. PRESUMPTION OF DEFECT (SECTION 477 BGB)

If a material defect becomes apparent within twelve (12) months from the transfer of risk, it is presumed that the defect already existed at the time of transfer of risk, unless this presumption is incompatible with the nature of the Product or the defect.

53. CUSTOMER’S REMEDIES IN CASE OF DEFECTS

In the event of a material or legal defect, the Customer is entitled to the statutory remedies, in particular:

1. Subsequent performance (repair or replacement);
2. Withdrawal from the Contract or reduction of the purchase price;
3. Damages or reimbursement of futile expenses, subject to statutory conditions.

54. PRIORITY OF SUBSEQUENT PERFORMANCE

The Seller is entitled to refuse the type of subsequent performance chosen by the Customer if it is possible only at disproportionate cost (Section 439 (4) BGB).

55. EXCLUSION OF WARRANTY CLAIMS

Warranty claims shall not exist where the defect is attributable to:

• improper or non-intended use;
• normal wear and tear;
• improper storage;
• failure to observe care, use, or warning instructions;
• unauthorized modifications or repairs;
• external influences not attributable to the Seller.

56. PRODUCTS WITHOUT ADDITIONAL WARRANTY

Unless expressly stated otherwise, the Seller does not grant any additional warranty within the meaning of Section 443 BGB.

Statutory warranty rights remain unaffected.

57. HYGIENE AND CONSUMABLE PRODUCTS

Products which:

• are sealed;
• are not suitable for return for reasons of health or hygiene;
• qualify as consumable or intimate hygiene Products,

are subject to special statutory provisions.

Warranty claims exist only in the event of proven material or manufacturing defects.

58. DEFECTIVE OR UNSAFE PRODUCTS

A Product is considered defective if it does not provide the safety that may reasonably be expected, taking all circumstances into account, in particular its presentation, intended use, and warnings (Section 3 of the German Product Liability Act – ProdHaftG).

The Seller shall not be liable for damage resulting from:

• improper use;
• failure to observe safety or usage instructions;
• modifications to the Product after delivery.

59. CUSTOMER’S OBLIGATIONS IN THE EVENT OF DEFECTS

The Customer is required to notify the Seller of any defects without undue delay.

The notification should include:

• the Order number;
• a description of the defect;
• suitable evidence where available (e.g. photos).

60. COMPLAINTS PROCEDURE

Complaints may be submitted to the Seller:

• by email to contact@enroush.de;
• via the contact form on the Website; or
• in writing to the Seller’s business address.

The Seller shall examine each complaint carefully and without undue delay.

61. RETURN OF DEFECTIVE PRODUCTS

The return of defective Products requires prior coordination with the Seller.

Products must be returned:

• complete;
• properly packaged;
• where possible, in their original packaging.

Return shipping costs shall be borne by the Seller only if the defect is confirmed.

62. REPLACEMENT, REPAIR, OR REFUND

Depending on the circumstances, the Seller shall:

• provide a replacement Product;
• arrange for repair; or
• refund the purchase price in whole or in part.

The chosen remedy shall comply with statutory requirements.

63. NO WITHDRAWAL IN CASE OF MINOR DEFECTS

Withdrawal from the Contract is excluded if the defect is only insignificant (Section 323 (5) sentence 2 BGB).

64. LIABILITY IN CONNECTION WITH DEFECTS

The Seller’s liability in connection with defects is governed by statutory provisions.

Any further liability is excluded insofar as legally permissible.

65. RIGHT OF WITHDRAWAL – PRINCIPLE

Consumers have a statutory right of withdrawal pursuant to Sections 312g and 355 of the German Civil Code (BGB).

The Customer has the right to withdraw from the Contract within fourteen (14) calendar days without giving any reason.

66. COMMENCEMENT OF THE WITHDRAWAL PERIOD

The withdrawal period shall begin:

• in the case of a contract for the sale of goods, on the day on which the Customer or a third party designated by the Customer (other than the carrier) takes possession of the goods;
• in the case of a contract involving multiple goods ordered in a single Order and delivered separately, on the day on which the Customer takes possession of the last good;
• in the case of a contract for regular delivery of goods over a defined period, on the day on which the Customer takes possession of the first delivery.

67. EXERCISE OF THE RIGHT OF WITHDRAWAL

To exercise the right of withdrawal, the Customer must inform the Seller of their decision to withdraw from the Contract before the expiry of the withdrawal period by means of a clear and unequivocal statement.

The withdrawal may be made:

• by email to contact@enroush.de; or
• via any withdrawal form provided on the Website.

Timely dispatch of the withdrawal notice shall be sufficient to meet the deadline.

68. NO FORMAL REQUIREMENTS

Use of the statutory model withdrawal form is not mandatory.

Any clear statement expressing the Customer’s intention to withdraw shall be deemed valid.

69. CUSTOMER OBLIGATIONS FOLLOWING WITHDRAWAL

After exercising the right of withdrawal, the Customer must return the goods:

• without undue delay;
• in any event no later than fourteen (14) days from the date on which the withdrawal notice was sent.

Returned goods must be:

• unused;
• complete;
• in sound condition;
• where possible, in their original packaging.

70. RETURN SHIPPING COSTS

The Customer shall bear the direct costs of returning the goods, unless expressly agreed otherwise.

Outbound delivery costs shall be refunded only to the extent required by law.

71. COMPENSATION FOR DIMINISHED VALUE

The Customer shall be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods (Section 357 (7) BGB).

The Seller is entitled to deduct such compensation from the refund amount.

72. EXCLUSION OF THE RIGHT OF WITHDRAWAL

Pursuant to Section 312g (2) BGB, the right of withdrawal does not apply, in particular, to contracts for:

1. goods made to the Customer’s specifications or clearly personalized;
2. sealed goods which are not suitable for return for reasons of health or hygiene if the seal has been removed after delivery (including intimate hygiene products);
3. goods which are liable to deteriorate or expire rapidly.

These exclusions apply irrespective of the withdrawal period.

73. WITHDRAWAL AND SUBSCRIPTIONS

The right of withdrawal generally also applies to subscription contracts.

However, where a Subscription includes price reductions or preferential conditions subject to a minimum purchase or delivery commitment (e.g. three (3) deliveries), the following applies in the event of early termination:

• all granted discounts shall lapse retroactively;
• Products already delivered shall be recalculated at the regular unit price;
• any resulting price difference may be charged to the Customer.

74. CONSEQUENCES OF WITHDRAWAL

In the event of a valid withdrawal, the parties shall return all received performances.

The Seller shall reimburse all payments received from the Customer within fourteen (14) days from the date on which the withdrawal notice was received.

75. REFUND METHOD

Refunds shall be made using the same payment method used by the Customer for the original transaction, unless expressly agreed otherwise.

No additional fees shall be charged for the refund.

76. RIGHT OF RETENTION

The Seller may refuse to issue a refund until:

• the goods have been received back; or
• the Customer has provided proof of return,

whichever occurs first.

77. NON-ELIGIBLE OR INVALID RETURNS

No refund shall be granted where:

• the goods have been used, damaged, or altered;
• hygiene seals have been removed;
• the return is made after expiry of the withdrawal period;
• no valid withdrawal declaration has been submitted.

In such cases, the goods may be returned to the Customer at their expense.

78. NO EXCHANGE POLICY

Exchanges of goods are not offered unless expressly agreed otherwise.

79. PROOF OF RETURN

The Customer bears the risk of loss or damage during return shipment.

The Customer is strongly advised to retain proof of shipment.

80. CUSTOMER REVIEWS – PURPOSE AND SCOPE

The Website may allow Customers to submit reviews, comments, testimonials, ratings, or other content relating to the Seller’s Products or services (hereinafter referred to as “Reviews”).

Reviews are intended to:

• provide information to other consumers;
• improve the quality of Products and services offered by the Seller.

Reviews reflect solely the opinions and experiences of their respective authors and do not represent statements or guarantees by the Seller.

81. CONDITIONS FOR SUBMITTING REVIEWS

By submitting a Review, the Customer confirms and warrants that:

• the Review is based on genuine personal experience with the Product or service;
• the information provided is truthful, accurate, and not misleading;
• no third-party rights (including personal, intellectual property, or privacy rights) are infringed;
• the Review does not contain unlawful, defamatory, discriminatory, abusive, or obscene content.

In particular, Reviews must not contain:

• advertising or commercial content;
• references to competing products or companies;
• personal data of third parties;
• spam, automated submissions, or misleading statements.

82. MODERATION, PUBLICATION, AND REMOVAL OF REVIEWS

The Seller reserves the right, at its sole discretion, to:

• review and moderate submitted Reviews;
• refuse to publish Reviews;
• edit Reviews for length or clarity without altering their meaning;
• remove Reviews at any time,

if they violate these Terms and Conditions or applicable law.

There is no entitlement to publication or permanent availability of any Review.

83. GRANT OF RIGHTS TO USER-GENERATED CONTENT

By submitting Reviews or other user-generated content, the Customer grants the Seller a:

• non-exclusive;
• worldwide;
• perpetual;
• irrevocable;
• royalty-free;
• transferable

right to use, store, reproduce, publish, adapt, translate, distribute, and otherwise exploit such content, including for marketing and commercial purposes, across all media.

No compensation or remuneration shall be due to the Customer for such use.

84. LIABILITY FOR USE OF THE WEBSITE

Use of the Website is at the Customer’s own risk.

The Seller does not guarantee that:

• the Website will be available without interruption;
• the Website will be free from errors or technical faults;
• the Website will be compatible with all devices, operating systems, or browsers.

The Seller shall not be liable for damages resulting from:

• temporary unavailability of the Website;
• technical disruptions;
• data loss;
• viruses or cyberattacks,

unless caused by intent or gross negligence on the part of the Seller.

85. PRODUCT-RELATED LIABILITY

The Seller shall be liable without limitation:

• in cases of intent or gross negligence;
• in the event of injury to life, body, or health;
• under the German Product Liability Act (Produkthaftungsgesetz).

In cases of slight negligence, the Seller shall be liable only for breaches of essential contractual obligations (cardinal obligations), and liability shall be limited to the foreseeable, typical damage.

Any further liability is excluded to the extent permitted by law.

86. EXCLUSION OF LIABILITY FOR INDIRECT DAMAGES

To the extent permitted by law, the Seller shall not be liable for:

• loss of profit;
• loss of use;
• production downtime;
• data loss;
• indirect or consequential damages.

87. THIRD-PARTY LINKS

The Website may contain links to external websites operated by third parties.

The Seller has no influence over the content of such websites and assumes no responsibility or liability for their content.

The inclusion of such links does not constitute endorsement of the linked websites.

88. DATA PROTECTION

Personal data is processed in accordance with:

• the General Data Protection Regulation (GDPR);
• the German Federal Data Protection Act (BDSG);
• the Seller’s Privacy Policy available on the Website.

Customers have the right to:

• access their personal data;
• rectification;
• erasure;
• restriction of processing;
• data portability;
• objection to processing.

Data protection inquiries may be addressed to: contact@enroush.de

89. MARKETING COMMUNICATIONS

The Seller processes personal data for marketing purposes only where legally permitted and, where required, on the basis of the Customer’s explicit consent.

Consent may be withdrawn at any time with effect for the future.

Payment data is not stored by the Seller.

90. CONFIDENTIALITY

Customers undertake not to disclose any non-public, confidential information received from the Seller to third parties without prior written consent.

This obligation applies in particular to business, contractual, and technical information.

91. FORCE MAJEURE

The Seller shall not be liable for failure or delay in performance resulting from events beyond its reasonable control (Force Majeure).

Force Majeure events include, but are not limited to:

• natural disasters;
• pandemics or epidemics;
• strikes or labor disputes;
• governmental measures;
• failures of telecommunications or IT systems;
• supply chain disruptions.

92. SUSPENSION AND TERMINATION DUE TO FORCE MAJEURE

If a Force Majeure event persists for more than thirty (30) days, both parties shall be entitled to terminate the affected Contract without liability for damages.

93. CONSUMER DISPUTE RESOLUTION

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board, unless mandatory under applicable law.

94. GOVERNING LAW

These Terms and Conditions shall be governed by the laws of the Netherlands, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Mandatory consumer protection provisions of the country in which the Customer has their habitual residence shall remain unaffected.

95. JURISDICTION

For consumers, the statutory places of jurisdiction shall apply.

96. SEVERABILITY CLAUSE

Should any provision of these Terms and Conditions be held invalid or unenforceable, the remaining provisions shall remain fully effective.

97. NO WAIVER

Failure by the Seller to enforce any right shall not constitute a waiver of such right.

98. ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements or understandings relating to their subject matter.

99. CONTACT DETAILS

ENROUSH BENELUX BV
Westerplantage 5
8911 DC Leeuwarden
The Netherlands
KvK: 96171251
📧 contact@enroush.de