Terms and Conditions Uwe Evers GmbH

Terms and Conditions and Customer Information

1.0 Scope of Application

1.1 These Terms and Conditions of Uwe Evers GmbH (hereinafter "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods and/or services offered in the Seller's online shop. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise expressly agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. An entrepreneur within the meaning of these General Terms and Conditions is any natural or legal person or a partnership with legal personality who, when entering into a legal transaction, acts in exercise of their trade, business or profession.

2) Conclusion of Contract

2.1 The product descriptions in the Seller's online shop do not constitute binding offers by the Seller, but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. To do this, the Customer places the desired goods and/or services in the virtual shopping cart and goes through the electronic ordering process. By clicking the button that concludes the ordering process, the Customer submits a legally binding contract offer with regard to the goods and/or services contained in the shopping cart. Alternatively, the Customer can also submit the offer to the Seller by post, email, fax, or telephone.

2.3 The Seller can accept the Customer's offer within five days by taking one of the following actions:

• Transmitting an order confirmation in writing or in text form (fax or email) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive.
• Delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive.
• Requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the time when the first of these alternatives occurs. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their offer.

2.4 The period for accepting the offer begins on the day after the Customer sends the offer and ends at the expiry of the fifth day following the sending of the offer.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) along with these Terms and Conditions after the order has been sent. In addition, the contract text is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected customer account by entering the relevant login data, provided the Customer has created a customer account in the Seller's online shop before submitting their order.

2.6 Before bindingly submitting the order via the Seller's online order form, the Customer can correct their entries at any time using the usual keyboard and mouse functions. Furthermore, all entries are displayed again in a confirmation window before the final submission, where they can also be corrected using the usual keyboard and mouse functions.

2.7 The languages available for concluding the contract are German, English, and Spanish.

2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct and that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.

3.0 Right of Withdrawal

3.1 Consumers generally have the right of withdrawal.

3.2 Detailed information on the right of withdrawal can be found in the Seller's withdrawal policy.

4.0 Prices and Payment Terms

4.1 The prices indicated by the Seller are final prices including the statutory value-added tax. Any additional delivery and shipping costs incurred will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfer by banks (e.g., transfer fees, exchange rate fees) as well as import duties or taxes (e.g., customs duties).

4.3 The payment options available to the Customer are specified in the Seller's online shop.

4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract.

5.0 Delivery and Shipping Conditions

5.1 Goods are delivered by shipment to the delivery address specified by the Customer, unless otherwise expressly agreed. The delivery address specified in the Seller's order processing is decisive for the transaction. Deviating from this, if the Customer selects PayPal as the payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If the transport company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the Customer exercises their right of withdrawal by refusing acceptance, if they are not responsible for the circumstance that led to the impossibility of delivery, or if they were temporarily prevented from accepting the offered service, unless the Seller had announced the service to them a reasonable time in advance.

5.3 In principle, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer upon handover to the Customer or a person authorized to receive them. If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of sale involving the carriage of goods passes to the Customer upon handover of the goods at the Seller's place of business to a suitable transport company.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery (proviso of correct and timely self-delivery). This only applies if the non-delivery is not attributable to the Seller and the Seller has, with due diligence, concluded a specific congruent covering transaction with the supplier. The Seller will make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the Customer will be informed immediately and any payment already made will be refunded without undue delay.

5.5 In the case of self-collection, the Seller first informs the Customer by email that the ordered goods are ready for collection. After receiving this email, the Customer can collect the goods by prior appointment with the Seller. In this case, no shipping costs will be charged.

6.0 Delivery Date

6.1 We dispatch the goods as quickly as possible, usually within 2-3 working days by post (DHL / UPS). You can find precise information on the delivery date and its calculation directly in the respective item description in our online shop. If payment is made in advance, the delivery period begins on the day after the payment instruction is issued to the transferring credit institution. For other payment methods, the period begins on the day after the contract is concluded. The period ends with the expiry of the last day. If the last day of the period falls on a Saturday, Sunday, or a public holiday recognized by the state at the place of delivery, the end of the period shifts to the next working day. For deliveries outside Germany but within the EU, the standard delivery time indicated in the item description is extended by a maximum of 5 working days. If multiple items with different delivery times are ordered, we will ship the goods in partial deliveries depending on availability, whereby the delivery times specified for the respective item apply. No additional shipping costs arise. Together with the delivery, you will receive customer information and an invoice with details of the amount already paid or still outstanding.

7.0 Retention of Title

7.1 With regard to consumers, the Seller retains title to the delivered goods until the purchase price owed has been paid in full.

7.2 With regard to entrepreneurs, the Seller retains title to the delivered goods until all claims arising from the ongoing business relationship have been settled in full.

7.3 If the Customer acts as an entrepreneur, they are entitled to resell the reserved goods in the ordinary course of business. The Customer hereby assigns all resulting claims against third parties to the Seller in the amount of the respective invoice value (including value-added tax). This assignment applies regardless of whether the reserved goods have been resold without or after processing. The Customer remains authorized to collect the claims even after the assignment. The Seller's authority to collect the claims itself remains unaffected. However, the Seller will not collect the claims as long as the Customer meets their payment obligations to the Seller, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.

8.0 Liability for Defects (Warranty)

If the purchased item is defective, the statutory provisions shall apply. Notwithstanding this, the following applies to items that have not been used for a building in accordance with their customary use and have caused its defectiveness:

8.1 For entrepreneurs, the following applies to defects in the purchased item:

• An insignificant defect generally does not justify claims for defects.
• The Seller has the choice between rectification or replacement delivery (type of subsequent performance).
• For new goods, the limitation period for defects is one year from the transfer of risk.
• For used goods, rights and claims for defects are generally excluded.
• The limitation period does not recommence if a replacement delivery is made within the scope of liability for defects

8.2 For consumers, the limitation period for claims for defects is:

• for new goods, two years from delivery of the goods to the Customer.
• for used goods, one year from delivery of the goods to the Customer, subject to the restriction in Clause 8.3.

8.3 For entrepreneurs and consumers, it holds true that the aforementioned limitations of liability and limitation periods in Clauses 8.1 and 8.2 do not apply to claims for damages and reimbursement of expenses which the buyer can assert according to the statutory provisions due to defects pursuant to Clause 9.

8.4 For entrepreneurs, the statutory limitation periods for the right of recourse according to § 478 BGB (German Civil Code) remain unaffected hereby. The same applies to entrepreneurs and consumers in the event of intentional breach of duty and fraudulent concealment of a defect.

8.5 If the Customer is a merchant (Kaufmann) within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to inspect and notify defects pursuant to § 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

8.6 If the Customer acts as a consumer, they are requested to complain about delivered goods with obvious transport damage directly to the deliverer and to inform the Seller thereof. If the Customer does not comply with this request, this shall in no way affect their statutory or contractual claims for defects.

8.7 If subsequent performance was provided by means of a replacement delivery, the Customer is obliged to return the originally delivered goods to the Seller within 30 days at the Seller's expense. The return of the defective goods must be carried out in accordance with the statutory provisions.

9.0 Liability

9.1 The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

• In cases of intent or gross negligence,
• In cases of negligent or intentional injury to life, body, or health.
• Based on a given guarantee promise, unless otherwise agreed in this respect.
• Based on mandatory statutory liability, for example under the Product Liability Act (Produkthaftungsgesetz).

9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited according to Clause 9.1. Material contractual obligations are those obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.

9.3 Otherwise, the Seller's liability is excluded.

9.4 The foregoing liability provisions shall apply accordingly to the liability of the Seller's vicarious agents and legal representatives.

10.0 Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international purchase of movable goods (UN Convention on Contracts for the International Sale of Goods - CISG). For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.