Terms & Conditions
The following General Terms and Conditions (hereinafter referred to as "GTC") form the basis of all contracts concluded for the purchase of goods/products via the website https://www.eversteel.io/ (hereinafter referred to as "Online Shop" or "Website").
1. scope of application
(1) Contractual partner with regard to the business relationship established by the purchase of goods/products via the online store is on the one hand Shopeco GmbH, IZ-Kälberweide 15 / Top 4, 7111 Parndorf, Austria (hereinafter "Seller") and on the other hand the customer (hereinafter "Customer" or "you"). Purchase contracts in this respect shall be concluded by the Seller exclusively on the basis of the present General Terms and Conditions in the version valid at the time of the order.
(2) Consumer in the sense of Art 2 No. 1 of the Directive 2011/83/EU and in the sense of these GTC is in principle any natural person who enters into a contract for a purpose that can be attributed neither to his commercial, business, craft or (self-employed) professional activity. This shall not preclude the consideration of a possibly broader definition of consumer in the customer's home country law, which shall apply to these GTC. Entrepreneur in the sense of Art. 2 No. 2 of Directive 2011/83/EU as well as in the sense of these GTC is in principle any natural or legal person who is active for one of the above-mentioned purposes.
(3) Terms and conditions of the Customer that deviate from the present GTC shall not be recognized unless the Seller expressly agrees to their validity in writing.
2. offers and service descriptions
on of the products in the online store does not constitute a legally binding offer, but merely an invitation to submit a contract offer. The seller is not obliged to conclude contracts with customers. In this respect, the product portfolio in the online store is not to be understood as an offer to customers, but rather as a general overview, which serves the customer in the further to submit an offer to the seller. For the customer, the order becomes binding as soon as he has sent it.3. order process, acceptance of offer and conclusion of contract
er can select Products from the Seller's range without obligation and collect them in a so-called shopping cart by clicking the [Add to Cart] button.(2) Subsequently, the Customer can proceed to the conclusion of the order process within the shopping cart via the button [Check out].
(3) By clicking the button [Pay now], the Customer makes a binding offer to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time using the instructions and correction aids provided. Required information is marked with an asterisk (*). The seller saves the contract text of the order. The current version of these terms and conditions is available online. The customer can print the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
(4) The Seller shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function (confirmation of receipt). The automatic confirmation of receipt merely documents that the order of the customer has been received by the seller and does not constitute an acceptance of the offer. The purchase contract is only concluded when the seller has shipped the ordered product within 2 days to the customer, handed over or confirmed the shipment to the customer within 2 days by means of an explicit contract confirmation via a second e-mail, or sending the invoice. As far as immediately after an order the payment process is triggered and the corresponding payment is actually made, this also leads to the acceptance of the contract offer by the seller. If necessary, confirmation of receipt and confirmation of contract are accordingly also combined in a single e-mail, which is clearly visible to the customer. Furthermore, the customer will receive a copy of the version of these GTC applicable to his order. The invoice will be sent electronically.
4. prices and shipping costs
(1) All prices stated on the Seller's website are inclusive of the applicable statutory value added tax.
(2) In addition to the stated prices, the Seller shall charge shipping costs for delivery. The shipping costs incurred in each case for a product purchase made are clearly communicated to the customer on the shipping costs page (Delivery Times and Costs) and during the order process.
5. payment modalities; default of payment
er can choose from the available payment methods within the framework of and before the conclusion of the order process. The seller keeps open not to offer at any time certain of the payment options presented below in the online store. If third-party providers are commissioned with the payment processing (e.g. PayPal), their general terms and conditions apply. Furthermore, in connection with online payments, the security requirements arising from the second Payment Services Directive (EU) 2015/2366 must be observed. Therefore, in the relevant use cases, you will generally be asked to authenticate yourself electronically using so-called two-factor authentication by providing two different pieces of information (e.g. PIN, TAN, biometric data such as fingerprint).(a) PayPal
When selecting the payment method "PayPal", you will be redirected to the website of the online payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). You can enter your payment details there directly and confirm that you want to carry out the transaction. Please note that you need a PayPal account to use it. By your confirmation of payment via PayPal, the seller accepts your offer to conclude the contract. The debit takes place after completion of the order. Please also refer to the terms and conditions of PayPal at https://www.paypal.com/at/webapps/mpp/ua/legalhub-full?locale.x=de_AT.
(b) Credit card
When selecting the payment method "credit card", you will be asked to transmit your credit card data to the seller or your credit card data will be forwarded directly to your credit card company via appropriately secured input masks. The data will be verified and you thereby legitimized as a legitimate cardholder. Your credit card company will be requested to initiate the payment transaction, whereby the seller accepts your offer to conclude the contract. The payment transaction is automatically carried out by the credit card company and your card is charged. The charge will be made after the order is completed. Please refer to the terms and conditions provided by your respective credit card company.
(c) Pay immediately with Klarna
After selecting the payment method "Pay immediately with Klarna", you will be redirected to the website of the online payment provider Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). On this website, you will then have the choice between (i) paying by Sofortüberweisung or (ii) paying by direct debit.
(i) If you choose "Pay immediately with Klarna" as your payment method in the web store, you log in with your online banking data. This first authentication factor is supplemented by a second authentication step (varies depending on the bank, e.g. fingerprint, TAN), by which you confirm that Klarna has access to your account. Only then you can confirm the payment instruction to the seller. Upon receipt of the payment confirmation from Klarna, the seller accepts your offer to conclude the contract and releases the order. You will receive further instructions during the ordering process. Please also note in particular the General Terms and Conditions of Klarna.
(ii) When paying by direct debit, you will first be asked to identify yourself with your date of birth and mobile phone number and then to enter your bank details. By confirming your entry, you authorize Klarna to collect the invoice amount from your account. You will receive further instructions during the ordering process. The seller accepts the customer's offer to conclude the contract in the course of carrying out the payment transaction. Please also note in particular the General Terms and Conditions of Klarna.
(d) Sofort
After selecting the payment method "Sofort", you will be redirected to the website of the online payment provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "Sofort"). If you choose Sofortüberweisung as your payment method in the webshop, you log in with your online banking data. This first authentication factor is supplemented by a second authentication step (varies depending on the bank, e.g. fingerprint, TAN), whereby you confirm that Sofort has access to your account. Only then can you confirm the payment instruction to the seller. Upon receipt of the payment confirmation from Sofort, the seller accepts your offer to conclude the contract and releases the order. You will receive further instructions during the ordering process. Please also note in particular the General Terms and Conditions of Sofort.
(e) Apple Pay
You can also make your payment in the online store with "Apple Pay", a service of Apple Distribution International Ltd, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (hereinafter "Apple"). After selecting the Apple Pay payment option, you will be prompted to verify your billing information, shipping information, and contact information. The relevant credit or debit card information must have been previously provided by you to Apple. You will then need to authenticate using Face ID or Touch ID, or alternatively enter a code of your choosing. Apple Pay uses your credit or debit card based on an agreement with the respective financial institution to complete the transaction. The seller accepts the customer's offer to conclude the contract in the course of carrying out the payment transaction. In this context, please also refer to the General Terms and Conditions for Apple Pay customers.
(f) Google Pay
You can also make your payment in the online store using Google Pay, a service of Google Ireland Ltd, Barrow Street, Dublin 4, Ireland (hereinafter "Google"). After selecting the Google Pay payment option, you will be redirected to the corresponding page to enter or confirm your data. In this context, please also refer to the Terms of Use for Coinbase, available at: https://payments.google.com/payments/apis-secure/get_legal_document?ldo=0&ldt=buyertos&ldr=de.
(g) Coinbase Commerce
You can also make your payment in the online store using Coinbase Commerce a service of Coinbase Global, Inc. (hereinafter "Coinbase"). After selecting the Coinbase payment option, you will be redirected to the corresponding page to enter or confirm your data. Coinbase uses your credit or debit card on the basis of an agreement with the respective financial institution to carry out the transaction. In this process, Google creates a virtual card number (token), which represents your actual credit- debit card number. In order to execute the payment, the virtual card number and, if applicable, your delivery address are transmitted by Google to the seller. Then, your existing customer information at your bank is used to decrypt the payment information and complete the transaction. The seller accepts the customer's offer to conclude the contract in the course of carrying out the payment transaction. In this context, please also refer to the Terms of Use for Google Pay customers, available at: https://commerce.coinbase.com/legal/terms-of-service/.
(2) In the event of default of payment by the Customer, the Seller shall be entitled to claim the default interest provided for by law. In the case of purchase contracts concluded with entrepreneurs via the online store, the default interest rate is 9.2% above the prime rate (as can be seen at: https://www.oenb.at/Service/Zins--und-Wechselkurse/Anknuepfungszinssaetze.html) p. a. However, if the customer, who is acting as an entrepreneur in the context of the order in the online store, is not responsible for the delay, the default interest rate is 4% p.a.. In addition, in the event of a delay in payment, we shall be entitled pursuant to Section 458 of the Austrian Commercial Code to demand a lump sum of EUR 40 as compensation for any costs of recovery from entrepreneurs.
(3) The Customer's obligation to pay default interest shall not preclude the Seller from claiming further damages for default.
(4) The Customer shall only have a right of set-off (except in the event of the Seller's insolvency) (i) insofar as it concerns a claim which is legally related to the respective liability (against which set-off is to be made), (ii) if its counterclaims have been legally established or acknowledged by the Seller. However, if the Customer is an entrepreneur, offsetting against claims of the Seller with counterclaims - of any kind whatsoever - is excluded. If the customer is an entrepreneur, the following shall further apply: The entrepreneurial right of retention according to §§ 369 ff of the Austrian Business Code is excluded; the customer may only exercise any other right of retention insofar as the claims result from the same contractual relationship.
6. delivery; transfer of risk
(1) Unless otherwise expressly agreed with the Seller, delivery of the Products to the Customer are based on our Delivery times & costs
(2) If the customer is a consumer, the risk in the course of shipment of the goods for loss or damage to the goods (accidental loss or accidental deterioration) shall not pass to the consumer until the goods have been delivered to the consumer or to a third party designated by the consumer and different from the carrier. If, however, the consumer has concluded the contract of carriage himself without making use of a selection option proposed by the seller, the risk shall pass as soon as the goods are handed over to the carrier.
(3) If the customer is an entrepreneur, the risk in the course of shipment of the goods for loss or damage to the goods (accidental loss or accidental deterioration) shall pass to the customer upon delivery to the carrier, provided that a specific mode of shipment has been agreed upon or the goods are shipped by a mode of shipment customary in the trade (mail, rail, air, ship, etc.).
7. retention of title
(1) Until full payment of the purchase price and all associated costs, the delivered goods remain the sole property of the seller. Until then, the customer shall bear the full risk in all respects for any goods entrusted to him prior to payment of the purchase price, in particular also for the risk of accidental destruction, accidental loss and accidental deterioration.
(2) A resale before full payment is not permitted. If the goods are nevertheless sold to a third party who acquires ownership thereof in good faith, the Customer's purchase price claim against the third party - insofar as the Customer is an entrepreneur - shall be assigned to the Seller.
8. right of revocation (right of withdrawal)
(1) If the Customer is a consumer, he shall have the right to revoke (withdraw from) the contract concluded on the basis of these General Terms and Conditions under the conditions set out in the following revocation instructions, unless one of the exceptions set out in Section 8 (6) applies.
(2) Right of revocation
You have the right to cancel this contract within 14 days without giving any reason. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. To exercise your right of withdrawal, you must inform the seller - Shopeco GmbH, IZ-Kälberweide 15 / Top 4, 7111 Parndorf, Austria, e-mail: info@eversteel.io - by means of a clear statement (eg a letter sent by mail or e-mail) about your decision to revoke this contract. You can use the withdrawal form (see point 8 [4]), which is not mandatory. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
(3) Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by the seller), without undue delay and no later than 14 days from the day on which the notification of your revocation of this contract was received by the seller. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to the Seller without undue delay and in any case no later than 14 days from the day on which you notify the Seller of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
(4) cancellation form
(If you want to revoke the contract, please fill out this form and send it back.
and send it back).
(5) revocation by simply returning the goods
The customer can also exercise his right of withdrawal by simply returning the goods to the seller within 14 days of receipt without written notice of withdrawal. In this case, it is sufficient to send the goods in time (the date of the postmark is valid) in order to meet the deadline. The prerequisite for this form of exercising the right of withdrawal by simply returning the goods is that the goods are not damaged or used and that the return is sufficiently stamped. Furthermore, the above statements on the right of withdrawal shall apply mutatis mutandis.
(6) notes on the exclusion of the right of revocation
The right of withdrawal regarding products purchased via the online store does not apply (anymore) to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, provided that their seal has been removed after delivery. As long as they have not removed the respective seal, your right of withdrawal is not affected.
9. statutory warranty, guarantee
(1) The warranty shall be governed by the statutory provisions on warranty and liability for defects. Warranty claims can generally be asserted within the statutory period of 2 years from the date of acceptance of the goods by the customer. To assert your warranty claims, please send an informal letter to the contact address listed under item 13 (1), whereupon the seller will contact you accordingly.
(2) If possible, defects must be notified upon delivery or after they become visible, whereby failure to notify a consumer upon delivery or after they become visible shall not affect the consumer's warranty claims. If the purchase is a business-related transaction for the customer (entrepreneurial transaction) and the customer is therefore an entrepreneur, he must inspect the goods immediately, but no later than within 5 working days after receipt of the goods, and immediately notify the seller if a defect is found. If this obligation to give notice of defects (inspection and notification) is not complied with by the entrepreneur, he shall in principle lose his claims to warranty, damages due to the defect itself as well as due to an error regarding the defect-free nature of the goods concerned. The obligation to give notice of defects shall apply exclusively with regard to material defects; defects of title shall not be affected.
(3) a warranty assumed by the Seller shall only exist for goods purchased via the Online Shop if this has been expressly given. In addition, the respective manufacturer may (additionally) grant a warranty for certain items; you can find out which items this applies to directly at the respective items - the warranty must be claimed from the guarantor (manufacturer) and is subject to its terms and conditions. Any additional warranty does not limit the statutory warranty.
10. returns
(1) in the event of returns (e.g. in warranty or revocation cases), customers are requested to return the goods to the Seller as a prepaid package and to retain all evidence received in the course of this. Upon request, the seller will reimburse the customer in advance for the postage costs, unless the customer is responsible for these costs.
(2) customers are requested to avoid damage or contamination of the goods. If possible, the goods should be returned to the seller in the original packaging with all accessories. If the original packaging is no longer in the Seller's possession, other suitable packaging should be used to ensure adequate protection against damage in transit.
(3) the modalities mentioned in this point 10 of the GTC are not a prerequisite for the effective exercise of the right of withdrawal (right of rescission) according to point 8 of these GTC.
11. liability
(1) The Seller shall always be liable without limitation for damages which it causes to the Customer with regard to the contractual relationship established on the basis of the present GTC, insofar as the conduct of the Seller causing the damage is based on intent or gross negligence.
(2) If the customer is an entrepreneur, liability of the seller for damages caused by slight negligence is excluded.
(3) If the Customer is a consumer, the Seller shall be liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
(4) The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. The liability according to the product liability law remains unaffected.
(5) The seller will not be liable for the loss of valuable assets, cryptocurrencies or other information due to product failure, damage or loss of the end-users. If product failure is established, the seller will replace the damaged product with a new product or a similar product. Under no circumstances will the seller be liable for the loss of valuable assets, cryptocurrencies or other information. We advise you to take additional safety measures to prevent damage, loss or theft of the product. If the letters on the product are not readable anymore, the seller can not recover the words for you. The seller will not be liable for loss of valuable assets, cryptocurrencies or other information due to product failure, damage, loss or theft or the end-users.
12. data protection
For information on the processing of your personal data when visiting the website and in the event of purchasing products via the online store, please refer to the seller's privacy policy.
13. general provisions
(1) You can reach the seller's customer service for explanations, notifications, questions, complaints and objections of any kind by e-mail at info@eversteel.io
(2) Should individual provisions of these GTC be wholly or partially invalid, this shall not affect the validity of the remaining provisions of the contracts concluded on the basis thereof. The wholly or partially invalid provision shall be replaced exclusively in contracts with entrepreneurs by a provision that comes closest to the economic sense and purpose of the invalid provision.
(3) The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
14. jurisdiction, applicable law, contract language
(1) This contract and all claims arising from it shall be governed by the laws of the Republic of Austria. The UN Convention on Contracts for the International Sale of Goods as well as all provisions referring to the UN Convention on Contracts for the International Sale of Goods are expressly excluded. The same applies to the reference norms of Austrian international private law. The contractual language shall be German.
(2) However, the statutory provisions on the restriction of the choice of law vis-à-vis consumers shall remain unaffected. In the case of consumers, this choice of law shall accordingly only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorability principle).
(3) For contracts with entrepreneurs, any disputes arising from or in connection with this contract shall be settled exclusively by the competent court at the Seller's registered office - IZ-Kälberweide 15 - Top 4, 7111 Parndorf, Austria (place of jurisdiction).
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