General Terms and Conditions of Sale and Delivery
IMPORTANT: These Conditions are a legally non-binding convenience translation of the original German language „Allgemeine Verkaufs- und Lieferbedingungen“ available under encrypted.evenios.com. Any rights or claims alleged to be available under or in relation to these Conditions shall exclusively be governed by the German language „Allgemeine Verkaufs- und Lieferbedingungen“.
1. Introduction
We supply goods and provide services exclusively on the basis of these General Terms and Conditions in the version valid at the time the order is placed. Conflicting conditions imposed by the customer apply only if approved by us in each individual case, explicitly and in writing.
2. Conclusion of contract
Our offers on the web at encrypted.evenios.com represent a non-binding invitation to customers in the countries stated in the country selection to order goods from us. Once you submit your order over the Internet, however, it becomes binding. Immediately after submitting your order, you will receive an electronic (e-mail) order confirmation from us. A binding purchase contract is only concluded by our shipment confirmation or when we ship the goods.
3. Delivery
Delivery is possible only in the countries as offered in the order process and to the shipping address indicated in your order. Delivery of stock goods will be made in Europe usually within 7-10 working days of receipt of the payment in our account depending on the shipping options and the destination country. Please consult the country selection to evaluate the estimated time from dispatch to delivery for the destination address of your order. These deadlines are non-binding unless explicitly agreed otherwise. All delivery to countries or destinations not listed explicitly in the country selection (e.g. islands!) are subject to manually negotiated contracts and cannot be ordered by the online interface.
All our customers with domicile in the European Countries (including Norway, Switzerland) commit themselves to pay an additional amount of taxes and toll to the invoice amount - resulting from the import into the country according to the well-known and general tariffs.
4. Prices
All prices quoted by us are valid only for customers and delivery addresses within Austria, Belgium, Bulgaria, Denmark, France, Germany, Great Britain, Italy, Luxembourg, Netherlands, Portugal, Slovenia, Spain, Sweden. If our website encrypted.evenios.com is updated, all previously quoted prices and other information on goods and services becomes invalid. The order confirmation sent to you in accordance with Section 2 above is definitive in every case.
5. Right to cancel and cancellation policy
All individualized products that you order are made exclusively for you according to measurements and other specifications that you have chosen from our product range. The right to cancel your order (see Section 2) is therefore excluded in this case.
If the products in question are not individualized products and your cancellation right is not excluded or restricted by the provisions below, you may cancel your order (see Section 2) in writing (e.g., by letter or e-mail) within two weeks without giving any reason to do so. The two-week period begins no earlier than your receipt of these instructions. To meet the cancellation period, you need only send your cancellation request on time to the following address:
Evenios Publishing – Armin Stross-Radschinski, Landgrafenstr. 32, 53842 Troisdorf, Germany
or eMail to
cancellation@evenios.com
Please note that refusal to accept delivery does not constitute a cancellation.
No right of cancellation exists for goods produced to customer specifications or tailored to the personal requirements of the customer, or which, by reason of their nature, are not suitable for return.
Once the cancellation becomes effective, the services and the payments received on both sides and any benefits drawn therefrom, such as interest, are to be returned. If you cannot return to us the goods received, either in whole or in part, or can return them only in impaired condition, you may have to compensate us for the value of the goods. This does not apply if such impairment of the goods is solely attributable to their damage-free inspection. Furthermore, you can avoid having to pay compensation by not treating the goods as your own property and by avoiding any action that may impair their value.
You must bear the costs of returning the goods if the goods delivered are exactly those that you ordered and the price of the goods to be returned does not exceed €40, or, in the event of a higher price, if you have not yet made a payment at the time of the cancellation.
Returns may be sent only to the following address:
Evenios Publishing
Armin Stross-Radschinski
Landgrafenstr. 32
53842 Troisdorf
Germany
In all other cases, the goods will be collected from you. For this to be done, please contact us at the address provided for cancellations.
In case of returns or collections with the original packaging missing, you may have to pay compensation. Please therefore save the original packaging and use the goods only when you have decided not to exercise your cancellation right.
6. Payment
Payment must be made to our account immediately and in full upon receipt of the order confirmation; otherwise the goods will not be prepared for shipping.
You may pay by credit card (VISA or MasterCard) or Wire transfer in advance. In Germany you may also pay in advance by bank transfer.
If you pay by credit card and the transaction is successful, the entry on the credit card statement appears as "encrypted.evenios.com, Troisdorf, Germany".
7. Rescission
If payment for the goods ordered is not made within two weeks after the electronic order confirmation was sent, or if a direct debit cannot be effected within this period for reasons beyond our control, or if, contrary to agreement, the goods are not accepted on delivery, we are entitled, without prejudice to our other rights, to withdraw from the contract and cancel your order.
8. Reservation of proprietary rights
The goods ordered remain our property until full and final payment is received. No pledging, assignment as collateral, processing, assembly, or other utilization of the goods without our explicit consent is permitted before transfer of ownership.
9. Damage in transit
If goods are delivered with obvious damage to the packaging or contents, you must, notwithstanding your warranty rights, immediately lodge a complaint with the shipping agent or freight forwarding service and refuse to accept delivery. You must also contact us immediately so that we may assert our rights, if any, vis-à-vis the shipping agent or freight forwarding service. Hidden defects must—again notwithstanding any warranty rights—be reported to us immediately on detection, so that any warranty claims against upstream suppliers can be asserted.
10. Warranty
Provided that this is not restricted by the regulations below, please make your claims against us as regards faulty goods in accordance with the statutory regulations and deadlines:
Damage caused by abuse or by use in violation of the contract on part of the customer in setting up, processing, storing, or using the goods does not constitute grounds for claims against us. Abuse or use in violation of the contract is determined in particular also by the relevant information and instructions supplied by us.
For purchase of used goods, customers' claims in the event of defects must be made within one year of receipt of the goods.
If the customer is an entrepreneur (in the sense of §14 of the BGB (German Civil Code)), claims in respect of defects must be made within one year from receipt of the goods or services.
11. Liability
In case of statutory liability regardless of negligence or fault, particularly under the Product Liability Law, and of personal injury (injury to life, limb, or health) we accept full liability. For other breaches of obligations we accept liability only for willful intent and gross negligence. This limitation applies also for our legal representatives, employees, agents, representatives and proxies. If an obligation is breached whose fulfillment is particularly important to achieve the purpose of the contract (cardinal obligation), we accept liability also for slight negligence. Our liability here is limited to contractually typical and foreseeable damage.
If the customer is an entrepreneur (in the sense of §14 of the BGB), our liability is additionally limited to twice the net invoice amount of the delivery or service for which damages are being claimed.
Please take particular note of our product and supply information and our notes on processing and maintenance of our goods.
This information and all further technical advice is based on our best present knowledge and experience. However, it implies no liability or other legal responsibility on our part, including with regard to existing third party intellectual property rights, especially patent rights. In particular, no warranty, whether express or implied, or guarantee of product properties in the legal sense is intended or implied. We reserve the right to make any changes according to technological progress or further developments. The customer is not released from the obligation to conduct careful inspection and testing of incoming goods. Performance of the product described herein should be verified by testing, which should be carried out only by qualified experts in the sole responsibility of a customer. Reference to trade names used by other companies is neither a recommendation, nor does it imply that similar products could not be used.
12. Privacy protection
We draw your attention to the fact that information recorded by us in the initiation and conclusion of the contract is collected, processed, and used by us in compliance with the German Federal Privacy Protection Law (BDSG) and the German Teleservices Law (TMG) to satisfy our contractual obligations. We may pass this information to authorized and (within the meaning of §11 of the BDSG) carefully selected partners for the purpose of credit assessment.
For payments by online direct debit or by credit card, you will be redirected on confirmation of the order to the website of OGONE, for processing of the payment. Information collected and retrieved by the website is encrypted via an SSL connection.
13. Other
If the customer is a full merchant, or has no general place of jurisdiction in the Federal Republic of Germany, or has transferred his domicile or usual place of residence to outside Germany after conclusion of the contract, or if his domicile or usual place of residence is unknown at the time of institution of legal proceedings, the exclusive place of jurisdiction is Siegburg, Federal Republic of Germany.
For all disputes arising from the contract, German law applies exclusively, without regard for the provisions of private international law. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
Retrospective amendments and supplements to the contract and any subsidiary contracts must be in writing. This applies also to the cancellation of this written form provision.
The invalidity of one or more regulations of these General Terms and Conditions does not invalidate the entire contract. The invalid regulation will be replaced by the relevant statutory regulation.
Copyright by "Evenios Publishing – Armin Stross Radschinski", issued 4th December, 2011
