Terms and Conditions
Version: August 2026
Note: The German version of these Terms and Conditions is legally binding. This English translation is provided for convenience only.
§ 1 Scope
(1) These General Terms and Conditions ("Terms") apply to all orders and contracts for the purchase of goods concluded via the online shop of HKS Knitwear Germany GmbH & Co. KG, Mahdentalstraße 82, 71065 Sindelfingen, Germany ("ESISTO", "we" or "us") at www.esisto.de.
(2) These Terms apply to both consumers and businesses, unless expressly provided otherwise in the following provisions.
(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 of the German Civil Code, BGB). A business is a natural or legal person or a partnership with legal capacity acting in the exercise of its trade, business or profession when concluding a legal transaction (Section 14 BGB).
(4) With respect to businesses, these Terms apply exclusively. Deviating, conflicting or supplementary terms and conditions of the customer only become part of the contract if we have expressly agreed to their application.
§ 2 Conclusion of Contract
(1) The subject of the contract is the sale and delivery of the goods offered in our online shop.
(2) The presentation of the goods in our online shop constitutes a binding offer to conclude a purchase contract for the respective goods.
(3) You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting the order by using the correction tools provided and explained in the ordering process.
(4) The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation by email; this documents the contract that has already been concluded.
(5) If, for a payment method chosen by the customer, a contract is already concluded upon completion of the payment process due to the technical design of the respective payment service, the conditions communicated for the respective payment method during the ordering process apply.
(6) Order processing and the transmission of the information required in connection with the conclusion of the contract are generally carried out by email. The customer must therefore ensure that the email address provided is correct and that the receipt of emails is technically guaranteed.
(7) The contract language is German. For orders placed via the English-language version of the online shop, the German version of these Terms prevails.
§ 3 Prices and Payment
(1) The prices stated in the online shop are total prices and include statutory VAT and all other price components.
(2) Shipping costs amount to a flat rate of €5.90 per order. They will be clearly communicated to you during the ordering process before you place your order. Further details on shipping and shipping costs can be found on our Payment & Shipping page.
(3) The following payment methods are available to you:
- Credit card (Visa, Mastercard) — your card is charged upon completion of the order;
- PayPal — your PayPal account is charged upon completion of the order;
- Apple Pay / Google Pay — the charge is made upon completion of the order;
- other payment methods displayed during the ordering process and processed via Shopify Payments.
(4) Unless otherwise stated for the respective payment method, the purchase price is due for payment upon conclusion of the contract.
(5) Where payment service providers are used for individual payment methods, their terms and conditions apply in addition. The customer will be informed of this during the respective payment process.
§ 4 Delivery
(1) We only deliver within Germany.
(2) Delivery times and any delivery restrictions are stated with the respective offer or during the ordering process; further information can be found on our Shipping page.
(3) We are entitled to make partial deliveries insofar as this is reasonable for the customer. No additional shipping costs are incurred as a result of partial deliveries.
(4) With respect to consumers, the risk of accidental loss and accidental deterioration of the goods only passes upon handover of the goods to the consumer or a third party designated by the consumer. This does not apply if the consumer has independently commissioned a carrier not previously named by us to transport the goods.
(5) If the customer is a business and delivery is made by shipping the goods, the risk of accidental loss and accidental deterioration passes upon handover of the goods to the forwarding agent, carrier or other person designated to carry out the shipment.
§ 5 Retention of Title
(1) The delivered goods remain our property until the purchase price has been paid in full.
(2) With respect to businesses, the following applies in addition:
a) We retain title to the delivered goods until all claims arising from the ongoing business relationship with the customer have been satisfied in full.
b) The customer is entitled to resell the reserved goods in the ordinary course of business. The customer hereby assigns to us all claims against third parties arising from the resale in the amount of the respective invoice amount including VAT. We accept this assignment. The customer remains authorised to collect the claims. Our right to collect the claims ourselves remains unaffected; however, we will not make use of this right as long as the customer duly meets their payment obligations.
c) Pledging or transfer by way of security of the reserved goods is not permitted before full transfer of ownership.
d) In the event of processing, combination or mixing of the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the value of the other processed, combined or mixed items at the time of processing, combination or mixing.
e) We undertake to release the securities to which we are entitled at the customer's request to the extent that their realisable value exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 6 Warranty Rights
(1) Consumers are entitled to the statutory warranty rights.
(2) Consumers are asked to check the delivered goods upon receipt for completeness, obvious defects and transport damage and to notify us of any complaints as soon as possible. The consumer's statutory warranty rights are not affected by a failure to notify or a late notification.
(3) If the customer is a business, the following provisions apply in addition:
a) The customer must inspect the goods immediately after delivery and, if a defect becomes apparent, notify us of it without undue delay, insofar as the requirements of Section 377 of the German Commercial Code (HGB) are met. In all other respects, the statutory inspection and notification obligations apply.
b) In the event of defects, we shall, at our discretion, provide subsequent performance by remedying the defect or delivering a defect-free item. If subsequent performance fails or is unreasonable for the customer, the customer is entitled to the further statutory warranty rights.
c) The limitation period for warranty claims is one year from delivery of the goods.
d) The shortening of the limitation period does not apply to claims for damages arising from injury to life, body or health, to other damage based on an intentional or grossly negligent breach of duty by us or our legal representatives or vicarious agents, where we have fraudulently concealed a defect or assumed a guarantee for the quality of the goods, or to statutory recourse claims.
§ 7 Right of Withdrawal for Consumers
(1) Consumers have a statutory right of withdrawal of 14 days. Details — in particular regarding the period, exercise and consequences of withdrawal as well as the model withdrawal form — can be found in our Withdrawal Policy.
(2) We bear the costs of the return shipment. You can conveniently register returns via our returns portal; all you need is your order number and email address, and you will then receive your DHL return label by email. Alternatively, you can contact our customer service at info@esisto.com. Further information on the returns process can be found on our Returns page.
(3) The customer is asked to return the goods unworn, with all labels attached and in the original packaging. This is not a prerequisite for the effective exercise of the right of withdrawal; however, the customer may be liable under statutory provisions for any loss in value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
§ 8 Liability
(1) We are liable without limitation in cases of intent and gross negligence, culpable injury to life, body or health, under the provisions of the German Product Liability Act, where we have fraudulently concealed a defect or assumed a guarantee, and in other cases of mandatory statutory liability.
(2) In the event of a slightly negligent breach of a material contractual obligation, we are liable for the foreseeable damage typical of the contract at the time of its conclusion. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose observance the contractual partner may regularly rely.
(3) In all other respects, liability for damage caused by slight negligence is excluded.
(4) The above limitations of liability also apply in favour of our legal representatives, employees and vicarious agents.
§ 9 Copyright, Trademark and Other Intellectual Property Rights
(1) The contents of our online shop, in particular texts, photographs, images, graphics, logos and other designs, may be protected by copyright, trademark law or other intellectual property rights.
(2) Any reproduction, editing, distribution, making available to the public or other use of these contents outside the statutory limits requires our prior consent or the consent of the respective rights holder.
(3) The above provisions do not affect the right of commercial customers to resell the original goods purchased from us using the trademarks and markings affixed to the goods within the scope of the statutory provisions.
(4) Where we provide commercial customers with product images, product texts or other advertising materials for the resale of our goods, their right of use is governed by the respective agreement made in this regard.
(5) "ESISTO" is a registered trademark of HKS.
§ 10 Governing Law and Jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) With respect to consumers, the choice of law under paragraph 1 only applies 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 merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with the business relationship is our registered office. The same applies if the customer has no general place of jurisdiction in Germany or another member state of the European Union, or if the customer's place of residence or habitual residence is unknown at the time the action is filed.
(4) Our right to bring proceedings against the customer at any other legally permissible place of jurisdiction remains unaffected.
§ 11 Consumer Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).
§ 12 Provider and Contracting Party
The provider of the online shop and contracting party for contracts concluded via the online shop is:
HKS Knitwear Germany GmbH & Co. KG
Mahdentalstraße 82
71065 Sindelfingen, Germany
Phone: +49 7031 4181 60
Email: info@esisto.com
Management: Robert Müller
Register entry: Commercial Register, Local Court of Stuttgart, register number HRA 242423
VAT identification number pursuant to Section 27a of the German VAT Act: DE813196911
General partner with sole power of representation: HKS Knitwear Germany Verwaltungs-GmbH, registered office Sindelfingen, Commercial Register Stuttgart, HRB 245156, Managing Director: Robert Müller