GENERAL TERMS AND CONDITIONS OF
https://Everbuild.org
Welcome to Everbuild!
§ 1 Scope and Provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products and services by Everbuild (hereinafter referred to as the Provider) to you in their version valid at the time of ordering.
(2) Deviating terms and conditions of the purchaser are rejected.
(3) Please read these terms carefully before placing an order with Everbuild. By placing an order with Everbuild, you agree to be bound by these GTC.
(4) At Everbuild, we offer you the sale of the following products:
Online software
(5) At Everbuild, we offer you the following services:
Order development
§ 2 Conclusion of the Contract
(1) Contracts on this portal can only be concluded in German and English.
(2) The offers are exclusively directed at end customers with an invoice and delivery address in:
worldwide;.
For individual bulky items, the possible delivery addresses and the place of delivery may be restricted; the restriction is indicated in the respective list price.
(3) The purchaser must have reached the age of 18.
(4) The presentation of goods in the online shop does not constitute a legally effective offer. The presentation of the goods merely prompts the customer to make an offer.
(5) Your order constitutes an offer to Everbuild to conclude a purchase contract. The purchaser makes a binding offer when he has completed the online ordering process by entering the required information there and clicks the "order with obligation to pay" button in the last order step.
(6) The purchase contract between the provider and the purchaser is only concluded by a declaration of acceptance by the provider. This takes place at the earlier of the two dates, either dispatch of the goods or dispatch of a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the sense mentioned above.
(7) The effectiveness of contracts for larger than household quantities as well as the commercial resale of the purchased item requires the express confirmation by the provider. This applies both to the number of ordered products within the framework of one order and to the placement of several orders for the same product, each of which comprises a household quantity.
(8) Your orders are stored with us after the conclusion of the contract. If you lose your documents relating to your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) Access to the use of the Everbuild service requires registration.
(10) By registering, the purchaser acknowledges the present GTC. By registering, a contractual relationship is established between Everbuild and the registered purchaser, which is governed by the provisions of these GTC.
(11) The presentation of the service on the website does not constitute a legally effective offer. The presentation of the service merely prompts the customer to make an offer.
(12) By ordering a paid service, the registered purchaser enters into another contractual relationship with Everbuild separate from the registration. The user will be informed about the respective paid service and the payment conditions before concluding this contractual relationship. The contractual relationship arises when the purchaser confirms the order and payment obligation by clicking the "order with obligation to pay" button.
(13) You agree to receive invoices electronically. Electronic invoices will be provided to you by e-mail or in the customer account on the website. We will inform you for each delivery and service whether an electronic invoice is available. Further information on electronic invoices can be found on our website.
§ 3 Description of the Scope of Services
The scope of services of Everbuild consists of the following services:
The user can register for free and also order paid products.
§ 4 Prices and Shipping Costs
(1) Our prices include the respective statutory value-added tax and do not include a flat-rate shipping fee or additional shipping surcharge. The shipping surcharges vary depending on the type of delivery and the nature of the item.
(2) Despite our greatest efforts, a small number of products in our catalog may be incorrectly priced. We will check the prices when we process your order and before charging the payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask if you would like to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price stated by us, we will charge the lower amount and send you the product.
(3) The prices at the time of ordering shall apply. If list prices are available, the prices of the list price valid at the time of ordering shall apply.
(4) Registration is initially required to use Everbuild.
(5) In order to purchase the services of the website, the user must register and create a user account.
(6) If the user wishes to use a paid service, he will be informed in advance about the cost. In particular, the respective additional scope of services, the costs incurred and the payment method are listed.
(7) The provider reserves the right to charge different fee models for different booking periods and user groups, and in particular to offer different scope of services.
§ 5 Delivery and Cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the purchaser. On the website, you will find information about the availability of products sold by Everbuild (e.g., on the respective product detail page). We would like to point out that all information on availability, shipping or delivery of a product is only approximate and approximate guidelines. They do not constitute binding or guaranteed shipping or delivery dates, unless expressly stated as binding dates in the shipping options of the respective product.
(2) If Everbuild determines during the processing of your order that products ordered by you are not available, you will be separately informed by e-mail or by message in your customer account. The purchaser's statutory rights remain unaffected.
(3) Insofar as delivery to the purchaser is not possible because the delivered goods do not fit through the entrance door, front door or stairway of the purchaser or because the purchaser is not encountered at the delivery address specified by him, although the delivery time has been announced to the purchaser with reasonable notice, the purchaser shall bear the costs for the unsuccessful delivery.
(4) Delivery depends on the customer's payment method. In the case of advance payment, delivery will be made after the payment order has been issued to the transferring credit institution. In the case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery will be made after conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract between us for the products listed in each shipping confirmation is concluded. The contracting party is Everbuild. Regardless of your right of withdrawal, you can cancel your order for a product free of charge at any time before the associated shipping confirmation is sent.
(6) This right of cancellation does not apply to certain product groups and services, including digital content or software that is not delivered on a physical medium (e.g., on a CD or DVD), if downloading or use (whichever is earlier) has begun.
§ 6 Customs
(1) If you order products from Everbuild for delivery outside the European Union, you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary greatly from country to country, so you should contact your local customs office for further information.
(2) Furthermore, please note that when ordering from Everbuild, you are considered the importer of record and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to inform our international customers that cross-border deliveries are subject to opening and inspection by customs authorities. For further information, please read our customs information.
§ 7 Payment Terms
(1) Any fee is to be paid in advance, without deduction, to Everbuild at the time of maturity.
(2) By registering, providing the necessary information for the payment process and using the paid service, the user authorizes the operator to collect the corresponding amount.
(3) A paid service is automatically extended by the respective booked period (subscription), unless it is canceled by telephone, e-mail or letter.
(4) The subscription will be debited on the following date: on the first working day of the month.
(5) The purchaser can pay for the goods or services by the following payment methods:
- Paypal
- Stripe
- Gift card
- Direct debit:
In the event of a chargeback caused by the purchaser, Everbuild will charge a lump sum compensation of 0 € (zero euros). The purchaser can demonstrate that no damage occurred or that it is significantly lower than the lump sum. The above provisions apply accordingly to payments of the purchase price for goods sold by third-party providers.
- Instant bank transfer
(6) Certain payment methods may be excluded by the provider on a case-by-case basis.
(7) The purchaser is not permitted to pay for the goods or services by sending cash or checks.
(8) If the purchaser chooses an online payment method, they authorize the provider to collect the amounts due at the time of ordering.
(9) If the provider offers payment in advance and the purchaser chooses this payment method, the purchaser must transfer the invoice amount to the provider's account within five calendar days after receipt of the order. The provider reserves the goods accordingly for five calendar days.
(10) If the provider offers payment by credit card and the purchaser chooses this payment method, the purchaser expressly authorizes the provider to collect the amounts due.
(11) If the provider offers payment by direct debit and the purchaser chooses this payment method, the purchaser grants the provider a SEPA basic mandate. If a payment transaction is reversed due to insufficient funds or incorrectly transmitted bank details, the purchaser is responsible for the costs.
(12) If the provider offers payment in advance and the purchaser chooses this payment method, the purchaser undertakes to settle the invoice amount within 14 days after dispatch of the goods, without any deduction for discount.
(13) If the purchaser is in default of payment, the provider reserves the right to claim damages for default.
§ 8 Registration and Termination
(1) Furthermore, the purchaser declares that they and, to their knowledge, no member of their household has been convicted of an intentional criminal offense endangering the safety of others, in particular, not for a criminal offense against sexual self-determination (Sections 174 et seq. of the German Criminal Code), a criminal offense against life (Sections 211 et seq. of the German Criminal Code), a criminal offense against physical integrity (Sections 223 et seq. of the German Criminal Code), a criminal offense against personal freedom (Sections 232 et seq. of the German Criminal Code), or for theft and embezzlement (Sections 242 et seq. of the German Criminal Code) or for robbery and extortion (Sections 249 et seq. of the German Criminal Code) or for drug abuse.
(2) A user account is for their sole and personal use, and a user may not authorize third parties to use this account. A user may not transfer their account to third parties.
(3) A user is, subject to reservation, entitled to deregister at any time without giving reasons in writing by post, email, or telephone. At the same time, there is the possibility to deactivate the user account completely and personally within the data and settings in the user account. The previously concluded contractual relationship is thereby terminated.
(4) If a user has registered for a fee-based service, they can cancel it no later than 90 days before the booking period. If this deadline is not met, the paid service will be extended by this period depending on the chosen booking period, and the cancellation will only become effective at the end of the subsequent booking period. Cancellation is possible by telephone, email, or letter and will be confirmed in writing by us. To allocate your cancellation, the full name, the registered email address, and the customer's address should be provided. In the case of cancellation by telephone, the individual telephone password is required.
(5) Everbuild may terminate the contract at its discretion, with or without prior notice and without giving reasons, at any time. Everbuild also reserves the right to remove profiles and/or any content published on the website by or from the user. If Everbuild terminates the user's registration and/or removes profiles or published content of the user, Everbuild is not obliged to inform the user about the reason for the termination or removal.
(6) Following the termination of any individual use of Everbuild's services, Everbuild reserves the right to send information about this to other registered users with whom Everbuild assumes that they have been in contact with the user. Everbuild's decision to terminate the user's registration and/or notify other users with whom Everbuild assumes the user has been in contact does not imply or in any way indicate that Everbuild makes statements about the individual character, general reputation, personal characteristics, or lifestyle of the user.
(7) Users are obliged not to make intentional or fraudulent false statements in their profile and other areas of the portal. Such statements may result in civil legal action. Furthermore, the operator reserves the right to terminate the existing contractual relationship with immediate effect in such cases.
(8) If a user's access is blocked due to a culpable breach of contract and/or the contractual relationship is terminated, the user must pay damages for the remaining term of the contract in the amount of the agreed remuneration minus the saved expenses. The amount of the saved expenses is fixed at a lump sum of 10% of the remuneration. It remains open to both parties to prove that the damage and/or saved expenses are actually higher or lower.
(9) After termination of the contractual relationship, all user data will be deleted by Everbuild.
§ 9 Limitation of Liability (Services)
(1) Everbuild assumes no responsibility for the content and accuracy of the information in the registration and profile data of the purchasers as well as other content generated by the purchasers.
(2) With regard to the sought or offered service, the contract is concluded exclusively between the respective participating purchasers. Therefore, Everbuild is not liable for services provided by participating purchasers. Accordingly, all matters concerning the relationship between the purchasers, including, without limitation, the services received by a seeker or payments due to purchasers, are to be directed directly to the respective party. Everbuild cannot be held responsible for this and expressly contradicts any liability claims of any kind, including claims, services, direct or indirect damages of any kind, whether known or unknown, disclosed or undisclosed, in any way related to the matters mentioned.
(3) Everbuild is liable for damages resulting from injury to life, body, or health only if they are based on an intentional or negligent breach of duty by Everbuild or an intentional or negligent breach of duty by a legal representative or vicarious agent of Everbuild.
(4) For other damages, insofar as they do not result from the violation of cardinal obligations (those obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely), Everbuild Europe is only liable if they are based on an intentional or grossly negligent breach of duty by Everbuild or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Everbuild.
(5) Compensation claims are limited to the foreseeable, typical damage. In the event of default, they amount to a maximum of 5% of the order value.
(6) Compensation claims based on injury to life, body, or health or freedom shall become statute-barred after 30 years; otherwise, after 1 year, with the limitation period ending with the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor, or would have had to become aware of them without gross negligence (§ 199 (1) of the German Civil Code).
(7) The provider reserves the right to review the content of a text written by a user and uploaded files for compliance with law and order and, if necessary, to delete them in whole or in part.
§ 10 Setoff and Right of Retention
(1) The purchaser is only entitled to setoff if their counterclaim has been legally established or is undisputed by the provider.
(2) The purchaser may only exercise a right of retention to the extent that their counterclaim is based on the same contractual relationship.
§ 11 Retention of Title
Everbuild reserves the right of ownership of the goods until full payment has been made.
§ 12 Warranty Rights
(1) If the purchaser is a consumer, the warranty and liability for defects of the delivered item are governed by statutory provisions: Accordingly, purchasers in the European Union, in addition to their 30-day return guarantee, have warranty rights for a period of two years from delivery of the goods and can demand repair or replacement of products purchased on Everbuild if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be less than two years.
(3) If the purchaser is not a consumer, defects are remedied by replacement or new performance.
(4) If the purchaser is not a consumer, the limitation period is one year. This applies unless claims for damages and reimbursement of expenses are made for damage to body and health or for intent or gross negligence.
§ 13 Limitation of Liability (Products)
(1) The provider is liable for compensation claims of the purchaser arising from injury to life, body, health, or from the violation of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty or that of a legal representative or vicarious agent of the provider.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the objective of the contract.
(3) The provider is liable for breaches of essential contractual obligations based on contract-typical, foreseeable damages, provided that the damage was caused simply negligently. This limitation does not apply to compensation claims of the purchaser based on injury to life, body, or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) To the extent that Everbuild's liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
§ 14 Revocation Policy
(1) If the purchaser is a consumer, they have a right of revocation in accordance with the following provisions:
(2) Right of Revocation
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods (or the last goods, partial shipment, or piece in the case of a contract for several goods in a single order or the delivery of goods in several partial shipments or pieces) or from the day of the conclusion of the contract, in the case of digital content not supplied on a physical medium (e.g., CDs or DVDs), without giving reasons for revocation.
The revocation period for services is fourteen days from the date of conclusion of the contract.
To exercise your right of revocation, you must inform us:
Everbuild
Fallerweg 7
54516 Wittlich
Germany
Email: nico.weber24@gmx.de
by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to revoke this contract. You can use the sample revocation form on our website or send us another clear statement. If you make use of this option, we will immediately (e.g., by email) send you confirmation of receipt of such revocation.
To meet the revocation deadline, it is sufficient for you to send your communication concerning the exercise of the right of revocation before the revocation period expires and for you to return the goods to us within the period defined below via our online return center.
For additional information on the scope, content, and explanations of the exercise, please contact our customer service.
(3) Consequences of Revocation
If you revoke this contract, we will refund you all payments we have received from you, including delivery costs (except for the additional costs arising from your choice of a different type of delivery than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the date on which we receive notice of your revocation of this contract. For this refund, 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 for this refund.
If you have requested that services begin during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of services already provided by the time you inform us of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided for in the contract.
We may refuse a refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return the goods to us immediately and in any event no later than fourteen days from the date on which you inform us of the revocation of this contract, to
Everbuild
Fallerweg 7
54516 Wittlich
Germany
Email: nico.weber24@gmx.de
To be returned or handed over. The deadline is met if you send the goods before the deadline of 14 days. You must bear the regular costs of returning the goods if the delivered goods correspond to the ordered ones and if the price of the goods to be returned does not exceed an amount of 0 € (zero euros) or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of revocation. Otherwise, the return is free of charge for you.
(4) Exceptions to the right of revocation
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 to examine their nature, properties, and functionality.
The right of revocation does not exist or expires for the following contracts:
§ 15 Exclusion of the right of withdrawal
(1) The right of withdrawal does not exist for contracts
(2) The right of withdrawal expires prematurely for contracts
§ 16 Data Protection
(1) Should personal data (e.g., name, address, email address) be collected, we undertake to obtain your prior consent. We undertake not to disclose data to third parties unless you have previously consented.
(2) We would like to point out that the transmission of data over the Internet (e.g., by email) may have security vulnerabilities. Therefore, flawless and trouble-free protection of third-party data cannot be completely guaranteed. In this regard, our liability is excluded.
(3) Third parties are not authorized to use contact data for commercial activities unless the provider has previously obtained written consent from the persons concerned.
(4) You have the right at any time to obtain complete and free information from Everbuild about the data concerning you.
(5) Furthermore, there is a right to correction/deletion of data/restriction of processing for the user.
(6) Further information on data protection can be found in the separate privacy policy.
§ 17 Cookies
(1) Cookies may be used to display the product range. Cookies are small text files that are stored locally in the cache of the visitor's Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows the visited Internet pages and servers to distinguish the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
(3) The use of cookies enables us to provide users of this website with more user-friendly services that would not be possible without setting the cookies.
(4) We would like to point out that some of these cookies are transmitted from our server to your computer system, usually so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system during your next visit (so-called persistent cookies).
(5) You can object to the storage of cookies; for this purpose, there is a banner available to you which you can object to/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or already stored cookies are deleted. Instructions on how to prevent and delete cookies can be found in the help function of your browser or software manufacturer.
§ 18 Final Provisions
(1) The contract language is German and English.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use Everbuild with the involvement of a parent or guardian.
(3) If you violate these terms and we do not take action against it, we will still be entitled to exercise our rights in any other situation where you violate these sales conditions.
(4) We reserve the right to make changes to our website, regulations, terms and conditions, including these terms and conditions, at any time. For your order, the sales conditions, contractual conditions, and terms and conditions that are in effect at the time of your order apply, unless a change to these conditions is required by law or by regulatory order (in which case they also apply to orders you have previously placed). If a provision in these sales conditions is ineffective, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
(5) The invalidity of one provision does not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced by another legally permissible provision which corresponds to the purpose and intent of the invalid provision.
Date: 07.04.2024