General Terms and Conditions (GTC)

You are a dealer? Here you find the GTC for B2B


Inhaltsverzeichnis:


§1: General scope of the terms and conditions and delivery area

§2: Conclusion of contract and contracting party

§3: Product availability

§4: Right of withdrawal of the consumer

§5: Terms of payment, purchase price and payment methods

§6: Shipping

§7: Retention of title

§8: Warranty

§9: Liability

§10: Final provisions


§1: General scope of the terms and conditions and delivery area

1.1

These terms of sale and delivery apply to all contracts, deliveries and other services, unless they have been changed or excluded with our express written consent. Any other terms and conditions of the buyer are hereby expressly contradicted.

1.2

Consumers within the meaning of these General Terms and Conditions are natural persons who conclude contracts with ECOVACS Europe GmbH for purposes which cannot be attributed to their commercial or professional activities.

1.3

The delivery area is Germany.


§2: Conclusion of contract and contracting party

2.1

Contractual partner of the customer is:

The company ECOVACS Europe GmbH
Holzstraße 2
40221 Düsseldorf
Represented by managing director Donqui Qian
Tel.: +49 (0) 211 / 53 80 43 00
Fax: +49 (0) 211/ 53 80 43 01
E-Mail: info@ecovacs-europe.com
(hereinafter referred to as ECOVACS Europe)

2.2

By clicking on the "Buy" button, the customer submits a binding offer to purchase the goods in the shopping cart, and expressly agrees to the validity of this general terms and conditions. The order confirmation sent by ECOVACS Europe automatically after sending the customer's order confirms the content and the receipt of the customer's order, but this does not constitute acceptance of the customer's offer.

2.3

The corresponding contract with the customer only goes into effect through the declaration of acceptance by ECOVACS Europe, and this acceptance is sent by separate email (order confirmation and / or shipping confirmation). In any case, at the latest upon shipment of the ordered goods. ECOVACS Europe will declare this acceptance either by sending a shipping / order confirmation, or by shipping the ordered goods within seven working days of receipt of the order. The customer’s order was not accepted if an acceptance or delivery by ECOVACS Europe does not take place within the specified period of time.

2.4

The goods offered in this online shop are sold only to consumers and entrepreneurs as end users. The commercial resale of goods is not permitted. ECOVACS Europe therefore reserves the right not to accept contract offers that appear to be for the purpose of commercial resale of the goods.


§3: Product availability

3.1

ECOVACS Europe reserves the right not to accept the customer's order if the ordered goods are not available to the customer at the time the customer places the order. In this case, a corresponding contract will not materialize. ECOVACS Europe will inform the customer separately of this.


§4: Right of withdrawal of the consumer

According to § 1.2, consumers are subject to the statutory provisions of the following right of withdrawal:

4.1 Cancellation policies


Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period for a purchase contract is fourteen days from the day on which you or a third party named by you, who is not the carrier, has possession of or has taken possession of the goods. In the case of a contract for several goods that you have ordered in a single order and that are delivered separately, the period of revocation is fourteen days from the date on which you or a third party named by you, who is not the carrier, have possession of or have taken possession the goods. In the case of a contract for the delivery of a good(s) arriving in several partial shipments or pieces, the cancellation period shall be fourteen days from the date on which you or a third party named by you who is not the carrier either has possession of or has taken possession of the last piece or the last partial shipment. In the case of a contract for regular delivery of goods over a fixed period of time, the period of revocation shall be fourteen days from the date on which you or a third party named by you, who is not the carrier, has possession of or has taken possession of the first goods. To exercise your right of withdrawal, you must contact us (ECOVACS Europe GmbH, Holzstraße 2, 40221 Düsseldorf, Tel.: 0211 / 53 80 43 00, Fax: 0211/53 80 43 01, e-mail: info@ecovacs-europe.com) and clearly state (such as a letter sent by mail, fax or e-mail) your reasons for deciding to withdraw from this contract. You can use the attached sample withdrawal form, which, however, is not required. To comply with the withdrawal period, you only need to send the notice of the exercise of the revocation before the expiry of the withdrawal period.

Consequences of cancelling
If you withdraw from this Agreement, we will immediately repay to you all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method other than the most favourable standard delivery we offer), and will do this within fourteen days from the date on which the notification of your revocation of this contract has reached us. We will repay you using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever occurs first. You must return the goods to ECOVACS Europe GmbH, Holzstraße 2, 40221 Düsseldorf without delay and in any event not later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is considered met if you send the goods before expiration of the 14-day deadline. We bear the cost of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
End of revocation.


4.2 Sample withdrawal form

(If you want to cancel the contract, please fill out this form and send it back)

To
The company ECOVACS Europe GmbH
Holzstraße 2
40221 Düsseldorf
Fax: +49 (0) 211/ 53 80 43 01
E-Mail: info@ecovacs-europe.com

Revocation

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (+) / the provision of the following service (*):

__________________________________

__________________________________

__________________________________


Ordered on (*) / received on (*): _______________________

Name of the consumer(s): _______________________

Address of the consumer(s): _______________________



__________________________

Signature of the consumer(s)

(only on message on paper)

Date: __________________

(*) Delete as appropriate.


4.3 The right of withdrawal does not apply to the following contracts:

Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer,

Contracts for the delivery of sealed goods that are not suitable for return for reasons of health or hygiene if their seal has been removed after delivery,

Contracts for the supply of goods, if, due to their nature, were inseparably mixed with other goods after delivery,

Contracts for the supply of sound or video recordings or computer software in a sealed package when the seal has been removed after delivery,

Contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts,

Contracts where the consumer has expressly requested the company to pay him a call him to perform urgent repair or maintenance work; this shall not apply to other services provided during the visit which the consumer has not expressly requested, or to those goods delivered during the visit which are not necessarily required as spare parts during maintenance or repair.

4.4

In the case of a cancellation of the entire order, the customer will be fully reimbursed the shipping fee. In the case of a revocation of a part of an order, the shipping fee will only be refunded if the revoked goods have actually incurred shipping costs. The customer will be notified which goods have incurred shipping costs at the time the order is placed. Shipping costs are not reimbursed if they have additionally accrued to the customer’s expense because he has opted for a type of delivery different from the most favourable standard delivery offered by ECOVACS Europe.


§5: Terms of payment, purchase price and payment methods

5.1

All prices indicated on this website include the Federal Republic of Germany VAT. All prices quoted are plus shipping costs. The shipping costs are displayed immediately before the order on the order form screen.

5.2

The customer also selects the payment method they want when placing the order.

Payment types we accept:
- Immediate funds transfer
- Specified credit cards
- PayPal


§6 Shipping

6.1

All ordered goods are delivered either by freight forwarders or by parcel service.

6.2

Unless otherwise agreed, we determine the transport route and the means of transport without incurring any liability for using the cheapest or fastest way.

6.3

Handing over goods by the freight forwarder regularly takes place up to curbside.


§7: Retention of title

7.1

All delivered goods remain the property of ECOVACS Europe until full satisfaction of all our claims, for whatever legal reason.


§8: Warranty

8.1

There are legal warranty rights for all items offered in our online shop.

8.2

For consumers, the statutory limitation period is 2 years from the delivery of the ordered goods.

8.3

The statutory warranty claim of the customer remains unaffected even in the case of the existence of a guarantee for the ordered goods.


§9: Liability

9.1

Claims of the customer for damages are excluded. This does not apply to any claims for damages of the customer resulting from injury to life, limb, health or liability for other damages based on an intentional or grossly negligent breach of duty by ECOVACS Europe, its legal representatives or vicarious agents. In addition, liability for the breach of obligations, the fulfilment of which enables the proper execution of the contract in the first place and on the compliance of which the customer regularly relies, remains unaffected. In the event of a slightly negligent breach of these contractual obligations, ECOVACS Europe shall only be liable for the foreseeable damage typical for the contract, unless this concerns claims for damages of the customer resulting from injury to life, limb or health.

9.2

The above statements also apply in favour of the legal representatives and / or vicarious agents of ECOVACS Europe, if claims are asserted directly against them.

9.3

The provisions of the Product Liability Act and the Federal Data Protection Act remain unaffected.


§10: Final Provisions

10.1

These general terms and conditions are subject to the law of the Federal Republic of Germany to the exclusion of the UN sales law.

10.2

If the customer is a merchant, a legal entity under public law or a public special right, the place of jurisdiction for all disputes resulting from the contractual relationship between the customer and ECOVACS Europe is Düsseldorf.

10.3

The contract and these terms and conditions remain binding even in the case of legal ineffectiveness of individual points in its other components. The statutory provisions, if any, replace the ineffective points.

10.4

Only the German language is available for concluding the contract.