TERMS AND CONDITIONS
…
General Terms & Conditions
(“Terms“)
You (in the following referred to as “you“ or “Customer“) are currently visiting the website hosted under the URL www.paradoxtime.com
by
4everTREND GmbH
Schönstr. 10 | 81543 München | Germany
Tel: +49-89-630205300
E-Mail: info@4evertrend.com
(in the following referred to as “we” or “Company”).
1. General
1. These Terms form part of the contract between Company and the Customer in respect of the use of the Website and the sale of product and services provided on the Website. We do not accept any other terms and conditions applicable to the use of the Website and any transaction between you and us unless confirmed in writing by us.
2. These Terms apply only to this Website and for instance not the website from which you might have been linked. To all such other website general terms and conditions may apply which might divagate from the Terms here, and we recommend to make yourself familiar with such other terms.
3. We may revise these Terms at any time. You should check the Terms on the Website from time to time to take notice of any changes made by us and such changes will be binding on you from when you next use the Website after the change has been made.
4. Regarding registration obligations and the protection of your personal information please see our Privacy Policy.
2. Offers and conclusion of contract
2.1 Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, we will send you an e-mail confirming receipt of your order and containing the details of your order. This order confirmation e-mail is acknowledgement that we have received your order and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send an e-mail confirmation to you (“dispatch confirmation”) that we’ve dispatched the product to you. Product(s) included in the order but not included in the dispatch confirmation are not subject to the purchase agreement concluded.
2.2 We do not sell product to minors (17 years and younger). Same also applies to toys and other children’s product.
2.3 Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders exceed a quantity typical for a regular household.
3. Right of Withdrawal (EU consumers only)
By law, consumers in the European Union also have the right to withdraw from the purchase of an item within fourteen days of the day after the date the item is delivered. This applies to all of our products. If you are a consumer residing in the EU the following shall apply to your purchase:
A. Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire as of the fifteenth day following the day on which you or a third party, other than the carrier, so indicated by you obtains physical possession of the last of the products confirmed in the dispatch confirmation.
To exercise the right of withdrawal, you must inform us by Email: info@4evertrend.com, by phone: +49-89-630205300, or fax: +49-89-630205101, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax 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.
Effects 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. The deadline is met if you send back the goods before the period of 14 days has expired. 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.
B. Model withdrawal form
(If you wish to use the template provided by us, please complete and return this form only if you wish to withdraw from the contract)
To
4everTREND GmbH
Schönstr. 10
81543 München
Germany
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods: ________________
Received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete
C. Exclusion of the right to withdraw
The right to withdraw from the contract shall not apply as regards the following contracts on:
– the supply of goods made to the consumer’s specifications or clearly personalized;
– the supply of goods which are liable to deteriorate or expire rapidly;
– the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
– the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
– the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader;
– the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
– the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications.
END OF INFORMATION ON RIGHT OF WITHDRAWAL.
4. Delivery Obligations
4.1 Unless otherwise specially agreed in writing by us, delivery is made ex-works Company’s warehouse to the address you have provided in your order. We list availability information for products sold by us on the Website including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products. Please note that unless otherwise stated on the Website, delivery estimates are estimates only. They are not guaranteed delivery dates and should not be relied upon as such.
4.2 In the event we cannot deliver an ordered product due to non-delivery by our supplier, we are entitled to rescind the contract with you. We will inform you immediately that in such event the ordered product is not available. Your statutory rights remain unaffected.
4.3 In the event delivery to the address you have provided is not possible due to your or the person’s designated by you non-presence at the date provided to you in reasonable advance, you shall be responsible for the costs in connection with such failed delivery.
4.4 Partial deliveries are possible unless it is obvious that such partial deliveries are not reasonably acceptable to you. In the event of partial deliveries, packaging and delivery costs are charged only once.
4.5 We reserve the right to not fulfill orders exceeding quantities typical for a regular household. The commercial re-sale of our products is prohibited, unless agreed to us in writing in advance.
5. Prices and packaging and delivery cost
5.1 Prices and packaging and delivery costs apply as provided by us on the Website as of the order date. The prices provided on the Website include the applicable sales related taxes plus packaging and delivery costs ex-works Company’s warehouse in Germany. Deliveries are made by third parties commissioned by us.
5.2 Our prices for packaging and delivery apply per delivery address provided by you and include regular postage only. Present packaging is charged extra. You can find our current pricelist for packaging and delivery here.
6. Terms of payment and retention of title
6.1 Unless otherwise set out in the order form you can use all payment forms we offer, in particular credit card, bank transfer to the bank account provided (= advance payment). Orders made from outside of the United States may only be paid by credit card or by advance payment. Foreign orders exceeding $ 100,- must be paid in advance.
6.2 We may charge interest on late payments at the rate of 5% above the Interest Rate reported by the Federal Reserve. In the event of damages in excess of such interest we reserve the right to claim such higher damages.
6.3 Until full payment is received by us the goods remain our property (retention of title). Such retention of title remains effective until cleared funds are available in our bank account.
7. Offsetting ban and limitations on your retention right
You shall have the right to offset claims only in the event of counter claims confirmed by final jurisdiction or which are confirmed by us. In addition you are only entitled to exercise a retention right in the event your counter claim is based on the same contractual relationship.
8. Warranties and liability
8.1 Statutory provisions shall apply to default deliveries. The assignment of any such claims is prohibited.
8.2 Unless set out to the opposite below, further claims of Customer are excluded. Company shall therefore not be liable for damages not caused on the delivered good itself. To the fullest extent allowed by applicable law, we shall not be liable for any: (a) direct economic or financial loss; (b) direct loss of profit; (c) direct loss of data; (d) direct loss of anticipated savings; (e) direct loss of revenue; or (f) any indirect, special or consequential loss, resulting from the access or use of the Website or other material contained on web links from the Website or from temporary or permanent unavailability of the Website or the content therein included or goods offered and/or sold, any changes to the Website or from any corruption or loss of data the Customer may suffer arising from access to or use of the Website. To the extent such limitation of liability applies such limitation applies to our employees, representatives and agents.
8.3 Nothing in these Terms shall exclude or limit our liability for (i) death or personal injury caused by us or (ii) for fraud or fraudulent misrepresentation or (iii) for breach of such obligations which are essential for accomplishment of the agreement between the parties, the breach of such obligations jeopardizing the intent of the agreement and which fulfillment of such obligations has been relied on by you as customer (Essential Obligations), (iv) or any matter that is not capable of being limited or excluded by law. In the event of any damages caused by our negligence and/or where such limitation of liability is not excluded and/or limited by law, Company’s liability is limited to the purchase price and further limited to the damage caused on the delivered good.
8.4 In the event of replacement deliveries you are obligated to re-send to Company the default goods to Company’s address provided above, such re-sending to be made latest within 30 days following delivery, re-sending to be made at Company’s costs. Re-sending shall be made according to the statutory provisions, if and to the extent applicable. Company reserves the right to claim statutory damages to the extent applicable.
8.5 Compulsory product liability remains unaffected.
8.6 The period of limitation shall be two (2) years.
9. Data protection and confidentiality
9.1 All personal data collected from you are confidentially treated and are not divulged to third parties, unless set out to the opposite herein. We use the personal data which we receive from you for processing orders, the delivery of ordered goods and the provision of the services offered to you, as well as the processing of the transactions and payments hereunder.
9.2 We commission third parties with the fulfillment of Company’s obligations in connection with our offers made on the Website, including without limitations delivery of the ordered goods, processing of payments (e.g. credit cards, advance payments). These service providers have access to your personal data to the extent as required in order to provide the respective services, provided that they are not entitled to otherwise use such personal data. In addition such service providers are required to use such personal data only according to the terms of our privacy policy and applicable law.
9.3 We also use the personal data you provide to us for purposes of communication with you regarding your orders, products, services, in order to maintain and update your customer account as well as to provide customer services, such as a wish list.
10. Dispute resolution
As the law stands we are obliged to point to our customers that there is a new platform for online-dispute-resolutions, which should help to find an out-of-court settlement. Responsible for this platform is the European Commission. Please click here: http://ec.europa.eu/odr
Further details regarding your personal data and its use are found in our privacy policy, accessible here.
11. Notices
11.1 In the event the parties communicate by electronic mail (e-mail), the parties acknowledge such means of communication as binding form of communication subject to the following:
11.2 The e-mail may not suppress and/or anonymize information generally considered regular information contained in such e-mail, i.e. the email sent must include the name of the sender, the date of dispatch (date and time) as well as the name of the sender concluding the wording of the e-mail. An e-mail received including such information shall be deemed a communication of such person unless proven to the opposite.
11.3 All information is to be written in English.
12. Copyrights and/or other intellectual property rights
You hereby acknowledge and agree that the content of this Website including the respective software used in connection with this Website are subject to property rights and contain confidential information, which are protected by law, statute and/or otherwise, including such in respect of the protection of intellectual property rights. You further acknowledge and agree that the content of this Website, including the products offered and their design and the content herein included are protected as copyright, patent, trademark and/or by property rights. Unless we have agreed to the opposite in writing you may not alter, change and/or otherwise adapt, either in full and/or any part thereof, works made available on the Website and/or depictions of products which may be purchased via the Website and/or which are based on the software underlying the Website and/or use such works for purposes of making available, lease, lending, sale, distribution and/or use such works for purposes of marketing and advertising.
13. Trademarks
The names, logos and logotypes as well as product and service indications are trademarks owned by Company. Such trademarks may not be used without Company’s prior written approval.
14. Use of the Website
The use of this Website is your sole responsibility. The download of content or other access to content on this Website is made at your own risk. You are liable for damages caused on your computer and/or other device with which you access this Website in connection with the downloading of content and/or any other transaction on this Website. Although we thoroughly control the content of websites we link to we are not responsible for the links to third party websites. Such third party website operators are responsible for their respective websites and the content therein included. Reference is hereby made to clause 8 above regarding any liability we may have in connection with the Website and our operation thereof.
15. Miscellaneous
15.1 To become effective, verbal agreements require confirmation in a durable medium, e.g. e-mail. Any changes and modifications to these Terms, including the change of this clause 14.1, as well as any agreement on delivery dates require Company’s written approval to become effective.
15.2 If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced and such clause shall be deemed replaced by a provision in accordance with the intention of the parties of this agreement. Same applies to any incomplete provisions hereunder.
15.3 Company’s failure to act with respect to a breach by the Customer or others does not waive Company’s right to act with respect to subsequent or similar breaches.
15.4 These Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by German law and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Company and Customer both agree – to the extent possible according to applicable law – to the exclusive jurisdiction of the courts of Munich. Nothing in this clause 14.4 shall limit the right of Company to take proceedings against the Customer in any other court of competent jurisdiction.
Date: March 5, 2016
4everTREND GmbH
Schönstr. 10 | 81543 München | Germany
E-Mail: info@4evertrend.com
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