1. General / Conclusion of the Contract

1.1. For all deliveries and services, only these general terms and conditions are valid. Additional agreements, variations and subsidiary agreements must be in writing or confirmed in writing.

1.2. Our particulars and offers regarding the products sold by us are non-binding as long as a binding guarantee does not explicitly take place.

1.3. A purchase contract is achieved only by a written contract confirmation or dispatch of the goods to the customer.

1.4. Upon the acception of the delivery and opening of the delivery packaging, the customer accepts our warranty terms.

2. Prices and Payment Terms

2.1. The prices in the web shop quoted on the general price list which is relevant at the time of the contract confirmation or of the dispatch of the goods apply for the delivery.

2.2. Our prices are as given plus postage and packaging costs and include the statutory value added tax.

2.2.1. If ordering outside of Germany, the accompanying postage and packaging costs are calculated for the shipment.

2.3. The invoice amounts are due by prepayment 7 days before shipment without deduction. The goods are sent upon prepayment only after receipt of payment.

2.4. In the event of delay, we are entitled to refuse entire deliveries to the customer, even those from other contractual relationships. We are not liable for any damages caused from non-delivery.

3. Delivery, Shipment, Transfer of Risk

3.1. We are entitled to partial deliveries as long as another agreement was not explicitly made. Sold-out articles which cannot be replaced with replacement articles are cancelled from the order. If an article is unavailable short-term only, then it is delivered at a later time free of shipping charges. Partial deliveries are deemed for payment commitments, transfer of risk and seller's warranties as independent deliveries. The orderer is not entitled to reject independent partial deliveries.

3.2. Furthermore, upon sellout of an article, we reserve the right to deliver an article of equal or higher value for the price of the sold-out article. The buyer should note that he is not required to accept goods which he did not order at all or did not order as received. The right to return also applies here according to No. 4.

3.3. Technical changes in the sense of technical advancement, such as changes or deviations in form and color, remain reserved.

3.4. We can determine the shipping method, the shipping course and the company commissioned with the shipment as long as the orderer does not explicitly give instruction otherwise. The orderer is responsible for possible additional charges coming from these instructions.

3.5. If the seller is an entrepreneur, the risk passes over to the orderer as soon as the delivery is given over to the carrier. This is applicable regardless of who is responsible for the transport costs. We insure the goods at the cost of the customer upon written request. If the customer is a consumer, the risk of the accidental loss and of the accidental deterioration of the sold item passes over to the buyer only upon the delivery of the item.

4. Cancellation policy

4.1 Right to Revocation You can revoke your contractual acceptance within one month without specification of reasons in written form (e.g. letter, fax, e-mail) or – if the item is left to you before the deadline – through return of the item. The period begins after receipt of this cancellation in written form, however not before receipt of the goods by the receiver (upon the returning delivery of equal goods, not before the receipt of the first partial delivery) and also not before the fulfillment of our information obligations according to § 312c Sec. 2 German Civil Code in connection with § 1 Sec. 1, 2 and 4 German Civil Code Information Obligations Ordinance (Informationspflichten-Verordnung) as well as our obligations according to § 312e Sec. 1 Par. 1 German Civil Code in connection with § 3 German Civil Code Information Obligations Ordinance. The timely delivery of the cancellation or of the item is sufficient for maintaining the cancellation deadline. The cancellation should be sent to:

Everdry GmbH
Humboldtstr. 8 Hinterhaus
76137 Karlsruhe
+49 721-4709395
info@everdry.de

4.2 Consequences of Cancellation In the event of an effective cancellation, the services received on both sides shall be released and, if necessary, drawn usages (e.g. interests) issued. If you cannot entirely or partially release the received services or can only release them in deteriorated condition to us, you must compensate for any necessary value replacement. This does not apply to the surrender of goods if the deterioration of the item solely traces back to its inspection – such as would have been possible to you in the store. Usually you can prevent the obligation of compensation for deterioration arising from the intended use of the item in that you do not take the item into general use such as your own property and refrain from everything that affects its value. Items which can be shipped by parcel shall be returned at our risk. You shall carry the costs of the return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed a total of 40 euros or if you, upon a higher price of the item at the time of the cancellation, have not yet performed the return service or a contractually agreed partial payment. Otherwise, the return is free of charge for you. Items which cannot be shipped by parcel are collected by you. Obligations for the reimbursement of payments must be fulfilled within 30 days. The period begins for you upon delivery of your declaration of cancellation or of the item, for us upon receipt.

5. Reservation of Title

5.1. We reserve the ownership of the buying item until the complete payment of all outstanding bills from the delivery contract including subsidiary claims. If the customer is an entrepreneur, the reservation of title applies until the customer has paid all of our claims existing against him.

5.2. Upon attachments and other interventions of a third party, the orderer has to inform us immediately in writing.

5.3. If the customer is an entrepreneur, he is entitled to resell the goods in the proper course of business. This does not apply for the situation in which the customer is in arrears with EVERDRY GmbH. However, the orderer now surrenders all claims to us with regards to his consumers or third parties from the resale. The EVERDRY GmbH revocably authorizes the buyer to collect the claim assigned to you in his own name.

6. Warranty/ Liability Disclaimer

6.1. If the buyer is an entrepreneur, we guarantee for damages of the goods initially according to our choice. Through amendment or replacement delivery.

6.2. If the buyer is a consumer, then he initially has the choice whether the supplementary performance should take place through amendment or replacement delivery. We are entitled, however, to decline the type of the chosen supplementary performance if this choice is possible only with excessive costs and the other type of the supplementary performance remains without significant disadvantages for the consumer.

6.3. If the supplementary performance should fail, the customer can in principle request reduction of the payment (lowering) or rescission of the contract (withdrawal), dependent of his personal choice. With only a minimal violation of the contract, in particular with only minimal damages, no right of withdrawal is due to the customer.

6.4. Entrepreneurs must notify us in writing of obvious damages within a period of two weeks from receipt of the goods: otherwise, the raising of the warranty claim is ruled out. The timely sending is sufficient for the keeping of the term. The complete burden of proof comes upon the entrepreneur for all claim requirements, in particular for the damage itself, for the time of the ascertainment of the damage and for the timeliness of the claim. Consumers must inform us in writing of obvious damages within a period of two months after the time at which the contractually adverse condition of the goods was determined. Our access of the briefing is significant for the adherence of the period. If the consumer neglects the briefing, the warranty rights expire two months after his ascertainment of the damage. This does not apply upon deceit of the seller. The burden of proof for the time of the ascertainment of the damage comes upon the consumer. If the consumer was induced to the buying of the item through improper manufacturer statements, then he carries the burden of proof for his buying decision.

6.5. If the customer chooses the withdrawal from the contract because of a defect of title or material defect after unsuccessful supplementary performance, compensation claims because of the damage are not due to him. If the customer chooses compensation after unsuccessful supplementary performance, the goods remain with the customer if this is reasonable to him. The compensation is limited to the difference between buying price and value of the damaged item. This does not apply if we have fraudulently caused the breach of contract.

6.6. For the entrepreneur, the warranty period amounts to a year upon delivery of the goods. For the consumer, the limitation period amounts to two years upon delivery of the goods.

6.7. If the buyer is an entrepreneur, in principle only the product description of the manufacturer is valid as quality of the goods as agreed. Furthermore, public remarks, promotions or advertisement of the manufacturer do not represent contractual quality specifications of the goods.

6.8. The customer does not obtain guarantees in the legal sense through us. Manufacturer guarantees remain thereof untouched.

7. Withdrawal and Compensation from Unexecuted Orders

7.1. We can withdraw from the contract if a suspension of payment, the opening of an insolvency or judicial composition proceeding, the rejection of the insolvency proceedings for lack of assets, protests of bills or cheques or other concrete pointers about the deterioration in the pecuniary circumstances of the orderer are made known to us. In this case, all invoices still open are immediately due, and we can make all further deliveries on condition of the production of a payment in advance or the presentation of securities.

8. Other Compensation Claims

8.1. Upon slightly negligent violations of duty, our liability is limited to the foreseeable, contract-typical, direct average damages according to the type of the goods. This is also applicable with slightly negligent violations of duty of our legal representative or vicarious agents. We are not liable to the entrepreneurs for slightly negligent violations of extraneous contractual obligations.

8.2. The aforesaid liability limitations do not concern claims of the customer from product liability. Furthermore, the liability limitations are not applicable upon bodily and health injuries attributable to us or upon loss of the life of the customer.

9. Privacy Policy

9.1. Consent to the processing of personal data With this policy for privacy, we would like to inform you according to the legal requirements about which personal data is saved about you. The protection of your personal information is an important matter for our business and must be taken seriously. There takes place the elicitation, storing, processing or conveyance of information of our customers always in agreement with the applicable data protection regulations and remaining regulations. We use your inventory data only for the processing of your order. All customer data is stored and processed by us with respect to the relevant regulations of the Federal Data Protection Act (BDSG) and of the Teleservices Data Protection Act (TDDSG). You have the right at any time to free information, amendment, blocking and deletion of your stored data. Please turn to: info@everdry.de or send us your request by mail or fax. We do not give your personal data, including your home address and e-mail address, to third parties without explicit consent, which is revocable at any time. Excluded from this are our service partners who require the transfer of data for the processing of orders (e.g. the mail-order firm commissioned with the delivery and the credit institute commissioned with the payment processing). In these cases, the extent of the transferred data is limited to the required minimum only. We employ technical and organizational safety measurements in order to protect your data entrusted through us against accidental or intentional manipulations, loss, and deletion or against the access of unauthorized persons. Payment data is transferred encrypted (128-Bit SSL).

9.2. Consent and cancellation possibilities for data storage With the submission of your personal data and acceptance of this privacy policy, you declare yourself in agreement with the storage of your data according to the above-named privacy policy. You explicitly declare this content with the submission of your customer data. You have the possibility to retrieve the content of your consent (this text) at any time. Furthermore, you have the right to obtain complimentary information about the data stored about yourself. In this case, please turn to us at the e-mail address: info@everdry.de. You have the right to cancel your consent to the storage of your data at any time, effective for the future. You can send us your cancellation in writing.

10. Place of Performance, Jurisdiction, Severability, Governing Law.

10.1. As long as no act deviating stringently from the law takes place, Karlsruhe is agreed upon as place of performance of all services from both sides owed from the contract, including possible return warranty claims. In the business transactions with merchants and with juristic people of the public law, Karlsruhe is agreed upon as jurisdiction for all civil disputes arising from the contract, including actions on a bill and on a check. We are also entitled to file a suit at the seat of the customer.

10.3. Upon invalidity of individual regulations of the delivery contract or of these general terms and conditions, the remaining regulations continue effectively furthermore.

10.4. For all legal transactions or other legal relationships with the EVERDRY GmbH & Co KG, the law of the Federal Republic of Germany applies.