General Conditions of Business of EOD GmbH
The English wording is just for information. The German wording shall prevail.
1. Scope of Application
All deliveries, services and offers of EOD GmbH (hereinafter referred to as: EOD GmbH) are exclusively made/rendered on the basis of these General Conditions of Business. Any diverging terms and conditions of the buyer that are not expressly recognized in writing shall be non-binding even if they are not expressly contradicted.
2. Offer and Conclusion of Contract
Any details stated in advertising texts and letters are not to be regarded as guaranteed attributes of the product or guarantees, unless otherwise agreed. Our website is not to be qualified as an offer. The customer will receive an acknowledgement first. The contract is concluded with the dispatch of goods or a separate acceptance of the customer’s order by EOD GmbH.
3. Right of withdrawal
Right of withdrawal
The withdrawal period will expire after 30 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (EOD GmbH, Bötzinger Straße 31, 79111 Freiburg - Germany, [email protected] Phone +49 761 45 89 29-52) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effecty of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to contracts for the supply 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 (§ 312g BGB).
Model withdrawal form
To EOD GmbH, Bötzinger Straße 31, 79111 Freiburg - Germany, [email protected]
I/We (*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*)/ for the provision of the following service(*),
Ordered on(*)/ received on (*),
Name of consumer(s),(*)
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate. You can download the model withdrawal formular as a PDF here as well.
Bötzinger Straße 31
The orders are shipped by DHL, UPS and Deutsche Post.
5. Prices and Payment
Unless otherwise indicated, all prices
are understood including value-added tax at the respective legal rate.
Shipment is invoiced separately. Unless otherwise agreed, invoices
shall be due and payable without deduction within 10 days from the date
of invoice. In case of a default in payment, interest shall be charged
at the legal rate. Further claims remain reserved.
The Buyer shall only be entitled to a set-off if its counter-claims have become indefeasible, are undisputed or have been recognized by EOD GmbH.
6. Retention of Title
EOD GmbH reserves its title to the purchased goods until the receipt of all payments under the contract.
Warranty will be given in accordance with the statutory provisions. As regards warranty to business customers, however, claims on account of defects will become statute-barred 12 months after the risk has been transferred.
8. General Limitation of Liability
Any claims against EOD GmbH for damages for a breach of collateral contractual duties and for torts are excluded, except in cases of intent or gross negligence or breach of a material contractual duty or in case of damages to health or body of a human being. The same shall apply to claims for damages as far as compensation for indirect damage or consequential damage caused by a defect is claimed. The Product Liability Act shall be unaffected.
9. Place of Performance, Place of Jurisdiction, Governing Law
Place of performance for all obligations and place of jurisdiction for all disputes resulting from the contractual relationship shall be Freiburg, as far as the contracting party is a registered merchant or a legal person under public law. The contractual relationship shall be governed by German law. The CISG shall be inapplicable.
If any term or condition in these
General Conditions is null and void or will become null and void, then
the effectiveness of all other terms and conditions shall not be
impaired thereby. All terms and conditions of these General Conditions