Terms & Conditions
Terms & Conditions*
Only the following terms & conditions shall apply for the business relationship resulting from orders in the online shop at www.euroviva-shop .com between the Euroviva GmbH - Karl-Hergt-Str. 22 - 77855 Achern ("Euroviva GmbH" or "we") and the customer ("customer" or "you"). You may print these terms and conditions using your web browser or save it to your computer. Different conditions of the customer are not recognized unless Euroviva GmbH agrees to their validity in writing.
All products and services offered by Euroviva GmbH in this online shop are exclusively for corporate customers within the meaning of § 14 BGB. Euroviva GmbH reserves the right to request supporting documents. If Euroviva GmbH learns after the conclusion of the contract that the customer is not acting as corporate customer within the meaning of § 14 BGB Euroviva GmbH reserves the right to withdraw from the contract.
2. Conclusion of Contract
Contracts for the Euroviva GmbH online shop at www.euroviva-shop.com form as follows:
You can choose items from the assortment at www.euroviva-shop.com by clicking the "add to cart" button. The item is put into the so-called shopping cart. In the cart you can remove items or change there quantity. By clicking the "check out" button you start the actual order process in which you have to submit some data in order to process your order. Before submitting the binding order you can see and amend your data. To submit your binding order you have to accept the terms & conditions and click the “confirm order” button.
We will send an automatic confirmation by e-mail. This e-mail confirmation does not yet constitute the conclusion of a contract. A purchase contract is concluded only if and when Euroviva GmbH does send you the goods you have ordered. For goods ordered but not sent no contract of purchase is concluded.
3. Prices and Payment
All prices in our online shop at www.euroviva-shop.com are given net and exclusive shipping costs.
Default payments results in default interest of 8 % above standard EZB interest rate
You can only offset uncontested or legally fully established claims within one purchase contract.
4. Retention of Title
The delivered goods remain our property until payment is received in full. Pledging of goods or transfer of ownership as security on debts is not permitted. Any claims against third parties regarding the further disposal or transfer of goods are transferred to us. In case of seizure of the retained goods by third parties, it is your responsibility to point out our ownership and inform us immediately. In the event of violation of contract we reserve the right to repossess the retained goods or to demand the transfer of your claims against third parties. By repossessing the retained goods we do not waive the contract as long as German credit purchase legislation is not affected.
5. Delivery and Product Availability
If Euroviva GmbH accepts the customer's order Euroviva GmbH will ship the goods as soon as possible. If prepayment payment option is chosen Euroviva GmbH will dispatch the goods after having received full payment.
If one or many of the items ordered are sold out at the time full payment is received Euroviva GmbH will inform the customer immediately.
We reserve the right to deliver and perform in parts. Delivery dates or delivery times are only binding if given by ourselves in writing. Delays in delivery of goods or services which are caused by an act of higher will and/or occurrences beyond our control which result in difficulty or impossibility or delay to deliver goods or services - particularly industrial action, action by authorities, etc. - devaluate delivery dates and times given in writing. In these cases we are entitled to delay the delivery of goods or services until the occurrence does not affect delivery of goods or services plus an appropriate start time. We also reserve the right to waive the contract fully or partially should we feel unfit to deliver goods or services fully. If the handicap lasts longer than 4 weeks, we are authorized to waive the contract post an appropriate addition to the agreed delivery date and time should we feel unfit to deliver goods or services fully. We are not liable for any damages caused in the case of an addition to the delivery date and time or waiving of contract if we have informed the customer as soon as possible. Delivery and shipment and any resulting liability is customers responsibility.
6. Complaint and Warranty Procedures
It is the customers responsibility to inform us about obvious defects shortages, faults or discrepancies immediately or within one week after the delivery at the latest. If the customer fails to inform us in time the goods shall be deemed approved unless that the defect is of such nature that the defect was not recognizable. Such defects must be made known to Euroviva GmbH immediately after the realisation. Otherwise these goods shall be deemed approved too. If Euroviva GmbH engages in negotiations on a complaint, this does not constitute an acceptance of the complaint.
The liability of Euroviva GmbH for loss and damages to the customer is limited to intentional or grossly negligent behaviour in accordance with statutory provisions.
In case of lightly negligent behaviour of Euroviva GmbH liability is limited to the reasonably foreseeable damage but in any case not more than 5 % of the total contract value.
The aforementioned liability restrictions also apply to the assignees of Euroviva GmbH
Collected data is used only to process your order. To do so some information will be passed on to affiliates and assignees of Euroviva GmbH. That might be e.g. shipping companies or banking firms. Your data is not intentionally made available to any other entity that is not involved with processing your order.
9. Final Provisions
In any case, also with foreign customers, the entire legal relation between yourself and ourselves is governed by the legislation of the Federal Republic of Germany. The UN Convention son Contracts for teh International Sale of Goods hall not be applicable. Place of jurisdiction is Karlsruhe/Germany. If one or more of the provisions of these terms & conditions is or becomes invalid, the validity of the remaining provisions shall not be affected. Instead of the invalid provision shall be found such a replacement that comes as close as possible to the invalid provision(s).
*translation is for your convenience only. Accepted as contractually binding is exclusivbely the German AGB text.