General Terms and Conditions
of Eve Systems GmbH, Directors Jerome Gackel, Lu Han
Rotkreuzplatz 1, 80634 Munich
Commercial register of the Munich Local Court (Amtsgericht) HRB 108591
Phone no.: +49 89 1433390
Fax no.: +49 89 14333999
E-mail: [email protected]
1. Scope of applicability
The following General Terms and Conditions shall apply to all orders placed via our online store by consumers and entrepreneurs ("GTC").
A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession. An entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
With respect to entrepreneurs, these GTC shall also apply to future business relationships without having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their applicability is hereby objected to. They shall only become part of the contract if we have expressly agreed to them.
2. Contractual partner, conclusion of contract, contract language
The purchase contract is concluded with Eve Systems GmbH.
The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).
First, you can add our products to the shopping cart without obligation by clicking on "buy now" or on "add to cart". If you want to complete the order, go to the shopping cart ("proceed to checkout"), where you will be guided through the rest of the ordering process. You will then have to log in with your personal access data (e-mail address and password) or create a new account. After selecting the item in the shopping cart and entering all necessary order and address data, you will be redirected to an order overview, in which the essential product details, including any costs incurred, are summarized once again. You can correct your entries at any time before sending your binding order by using the correction tool provided and explained for this purpose in the ordering process.
Only by clicking the order button "order and pay" in the last step of the ordering process or only by confirming the payment, you place a binding order of the goods contained in the shopping cart and agree to the validity of these General Terms and Conditions.
The confirmation of your order receipt will be sent by e-mail immediately after submitting the order and does not constitute an acceptance of the contract. If a product is not available, you will be informed of the unavailability before your order is accepted by Eve Systems and you will be offered a replacement item of the same price and quality if possible. Payments already received will be refunded immediately. A contract between you and us is concluded as soon as we accept your order by a separate e-mail (order confirmation or dispatch confirmation) or release the goods for dispatch. Please check the spam folder of your e-mail account regularly.
Eve Systems GmbH is entitled to withdraw from the contract if there is an important reason of which we only became aware after conclusion of the contract. An important reason exists in particular if you are in arrears with a payment or if a party culpably violates an essential obligation assumed in this contract and does not remedy the violation within the set period despite a warning with a reasonable deadline.
For orders with customized specifications (e.g. Eve Blinds Collection), there is no right of cancellation or withdrawal because they are made according to customer specifications or are clearly tailored to the personal needs of the customer.
Moreover, you can pay for our products directly using PayPal or Apple Pay by clicking on "checkout with PayPal" or "checkout with Apple Pay". Hence, you do not need a customer account on our website. As soon as you click on the payment button ("Apple Pay", "checkout with PayPal"), you submit a binding contractual offer. When the contract with us will be concluded depends on the method of payment you have chosen:
PayPal, PayPal Express
If you select a payment method offered by PayPal (PayPal or PayPal Express), the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. In the ordering process, you will be redirected to the website of the online provider PayPal. There, you can enter your payment details and confirm the payment instruction to PayPal.
After placing the order in the store, we request PayPal to initiate the payment transaction and thereby accept your offer to conclude the contract.
You can find more information about using PayPal in PayPal’s Terms of Use here https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=en_US (payment with PayPal account and payment without PayPal account).
Apple Pay
When you click on "checkout with Apple Pay", you will be displayed an overlapping window of the online provider Apple. There, you can adjust your payment details and confirm the payment instruction to Apple.
After placing the order in the store, we request Apple to initiate the payment transaction and thereby accept your offer to conclude the contract.
You can find more information about using Apple Pay here: https://support.apple.com/en-euro/HT201469.
The languages available for concluding the contract are German and English.
We will send you the contract text with details of your ordered products, including these GTC, and the instructions on withdrawal by e-mail. You can also view the GTC at any time here on this site. Your past orders are no longer accessible via the Internet for security reasons. The contract text is not stored by us.
3. Terms of delivery
Unless otherwise specified in the product description, the stated prices are total prices, including the statutory value-added tax, in the respective valid legal version. Shipping costs are added to the stated product prices. You can find more information on shipping costs in the offers and here.
Eve Systems issues an invoice to the customer for the goods ordered. The customer agrees that the invoices will be sent to him in PDF format to the e-mail address provided.
We do not deliver to British, Dutch and French Overseas Territories, Channel Islands, Canary Islands and Balearic Islands, Gibraltar, Livigno, Vatican City, Republic of San Marino, Ceuta and Melilla, Andorra, Madeira and to post offices of the British Armed Forces or post office boxes.
We deliver only by mail order. Unfortunately, self-collection of the goods is not possible.
4. Payment
The purchase price is due for payment immediately with the order. In our online store, the following methods of payment are generally available:
4.1 PayPal, PayPal Express
In the ordering process, you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal or PayPal Express, you will have to be registered or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the store, we request PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal after the goods have been shipped. You will receive further instructions during the ordering process.
4.2 Apple Pay
When you click on "checkout with Apple Pay", you will be displayed an overlapping window of the provider Apple. In order to pay the invoice amount via Apple Pay, you will have to have a suitable Apple device and an Apple ID logged into Apple iCloud, as well as having activated payment with Apple Pay.
The payment transaction is carried out automatically by Apple Pay. You will receive further instructions during the ordering process.
4.3
The data entered with the payment service providers under points 4.1 and 4.2 will not be stored by us but may be stored by the respective payment service provider. The respective data protection provisions of the payment service provider apply.
5. Retention of title and assignment
Eve Systems retains title to the respective goods delivered by it to customers until their final and complete payment.
Insofar as Eve Systems replaces goods within the scope of claims for defects, the transfer of ownership of the subsequently delivered goods shall be subject to the condition precedent that the customer returns the goods to be replaced or - if he is not in a position to do so - pays compensation for the value if the legal requirements are met.
The assignment of rights from contracts for the dispatch of goods and the transfer of these contracts as a whole by the customer require the prior consent of EVE Systems at least in text form.
Set-off or retention against claims of Eve Systems arising from these contracts or related non-contractual claims is only permitted with due counterclaims that are undisputed, legally established or ready for judgement or that are based on defects in the underlying service.
The following shall apply in addition to entrepreneurs: We shall retain title to the goods until all claims arising from an ongoing business relationship have been satisfied in full. You may resell the reserved goods in the course of your normal business operations. You shall assign to us, in advance, all claims arising from this resale, irrespective of any combination or intermixture of the reserved goods with a new thing, in the amount of the invoice amount, and we shall accept this assignment. You shall remain authorized to collect claims, but we may also collect claims ourselves if you fail to meet your payment obligations. If the value of all security rights to which we are entitled against you exceeds the amount of all secured claims by more than 20 %, we shall release a respective part of the security rights at your request. We shall be entitled to choose between different security rights for release.
6. Instructions on withdrawal
Consumers shall be entitled to the statutory right of withdrawal in accordance with the instructions on withdrawal below. Entrepreneurs shall not be granted a voluntary right of withdrawal.
6.1. Right of withdrawal
You have the right to withdraw from this contract for the ordered goods within fourteen days without stating reasons.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not a carrier, has or has taken possession of the goods.
To exercise your right of withdrawal, you shall inform us (Eve Systems GmbH, Rotkreuzplatz 1, 80634 Munich, Germany, [email protected], phone: +49 89 143339 0, fax: +49891433399) by a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached template withdrawal form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification regarding the exercise of the right of withdrawal before expiry of the withdrawal period.
6.2. Consequences of withdrawal
If you withdraw from this contract, we shall reimburse you any payments we have received from you, including delivery costs (excluding any additional costs incurred because you have opted for a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your withdrawal from this contract. In making this repayment, we shall use the same means of payment that you used in the original transaction, unless otherwise expressly agreed with you. However, you shall not be charged any costs as a result of this repayment. We may refuse to make repayment until we have received the returned goods or until you have provided proof that you have dispatched the goods, whichever is earlier.
You shall return or deliver the goods to Eve Systems GmbH, Rotkreuzplatz 1, 80634 München without undue delay and in any case no later than within fourteen days from the day on which you notify us of the withdrawal from this contract. The period is preserved if you send the goods prior to expiry of the period of fourteen days. You shall bear the direct costs of return shipment of the goods. You shall only be liable for any diminished value of the goods if the diminished value results from the handling of the goods in any other manner than that necessary to establish the nature, characteristics and functioning of the goods.
End of the withdrawal policy
7. Exclusion of the right of withdrawal
Unless otherwise specified, the right of withdrawal in accordance with Section 6 does not apply to distance contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer, e.g. Eve Blinds Collection (§ 312g paragraph 1 in connection with. § 312g paragraph 2, No. 1 German Civil Code (Bürgerliches Gesetzbuch – BGB).
8. Transport damages
Applies to consumers: If goods are delivered with obvious transport damages, please complain about such damage to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us shall have no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or transport insurance.
Applies to entrepreneurs: The risk of accidental destruction and accidental deterioration shall pass to you as soon as we have handed the thing over to the forwarder, carrier or other person or body specified to carry out the shipment. The obligation of examination and notice of defects set forth in § 377 German Commercial Code "HGB" shall apply to merchants. If you fail to report a defect regulated in the aforementioned paragraph, the goods shall be deemed to have been accepted, unless the defect was not detectable during the examination. This shall not apply if we have fraudulently concealed the defect.
9. Warranty and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects shall apply to defective goods that you have purchased in our online store.
For consumers, the limitation period of claims for defects in the case of second-hand things is one year upon delivery of the goods.
For entrepreneurs, the limitation period of claims for defects is one year upon the passing of the risk. The statutory limitation periods for the right of recourse according to § 478 German Civil Code "BGB" shall remain unaffected.
With respect to entrepreneurs, only our own statements and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the nature of the goods. We shall not assume any liability for the manufacturer’s public statements or other advertising statements.
If the delivered thing is defective, we shall initially provide a warranty to entrepreneurs, at our choice, by remedying the defect (repair) or by delivering a thing free of defects (replacement delivery).
The above limitations and shortened periods shall not apply to claims based on damages caused by us, our legal representatives or vicarious agents
- in the event of an injury to life, body or health
- in the event of an intentional or grossly negligent breach of duty as well as fraudulent intent
- in the event of a violation of essential contractual obligations, whose fulfilment enables the proper performance of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- in the context of a promise of guarantee if agreed
- where the scope of the German Product Liability Act "ProdHaftG" is applicable
- in the case of liability under mandatory law.
Information on any additional guarantees that may apply and their specific terms and conditions can be found with the product and on special information pages in the store.
10. Limitation of liability
For claims based on damage caused by us, our legal representatives or vicarious agents, we shall always be liable without limitation
- in the event of an injury to life, body or health
- in the event of an intentional or grossly negligent breach of duty
- in the event of promises of guarantee if agreed
- where the scope of the German Product Liability Act "ProdHaftG" is applicable
- in the case of liability under mandatory law.
In the event of a breach of essential contractual obligations, whose fulfilment enables the proper performance of the contract and on whose compliance the contractual partner can regularly rely and/or obligations, the breach of which jeopardizes the achievement of the purpose of the contract (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage typically foreseeable at the time of the conclusion of the contract, and its occurrence is typically to be expected.
Furthermore, claims for damages shall be excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/.
However, we would like to advise you according to § 36 German Act on Alternative Dispute Resolution in Consumer Matters "VSBG" that we are not willing and are not obliged to take part in an out-of-court dispute resolution procedure before a consumer conciliation body.
12. Final Provisions
These GTC do not grant the customer any rights to logos, figurative and/or word marks or product or other designations of Eve Systems.
German law shall apply to all legal relationships between the contracting parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to a consumer insofar as it does not restrict any mandatory statutory provisions of the country in which the consumer is domiciled or habitually resident.
These GTC are complete and final. Changes and additions to these GTC shall be made in writing in order to avoid ambiguities or disputes between the parties regarding the respective agreed content of the contract.
If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant according to the German Commercial Code, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us shall be our registered office.
The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, where applicable.
Attachment
Template withdrawal form
(If you want to withdraw from the contract, please fill in this form and return it to [email protected].)
To Eve Systems GmbH
Rotkreuzplatz 1
80634 Munich
Phone no.: +49 89 1433390
Fax: +49 89 1433399
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
__________________________
Ordered on (*)/received on (*)
__________________________
Order number
__________________________
Name of consumer(s)
________________________
Address of consumer(s)
__________________________
Signature of consumer(s) (only for notification on paper)
__________________________
Date
__________________________
(*) Delete as appropriate.
About FCC Compliance
Please visit https://www.evehome.com/fcc-compliance-statements-eve-products for FCC compliance statements for Eve products. For questions about Eve product compliance with FCC regulations, please contact:
Compliance Officer
Eve Systems GmbH
Rotkreuzplatz 1
80634 München (Munich)
Germany
