Terms of service
General terms and conditions of everValue GmbH
(As of January 2020)
§ 1 Scope
These terms and conditions contain the exclusively applicable conditions of everValue GmbH (HRB 85395) (hereinafter: everValue) for ordering goods via the online shop www.skeisan.com, unless these are changed by written agreements between the buyer and everValue. Different terms and conditions will not become part of the contract even in the event of delivery, even without everValue's express objection.
§ 2 Conclusion of contract
2.1 The purchase contract is concluded with everValue GmbH.
2.2 By placing the products in the online shop, we make a non-binding offer to conclude a contract for the quantity of an item that is shown as available at the time of your intention to purchase. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process.
2.3 By clicking the order button, you accept these terms and conditions and submit a binding purchase offer in accordance with Section 145 of the German Civil Code (BGB). If this offer is accepted, everValue will send an order confirmation by email to the email address you provided.
2.4 We only deliver to customers over 18 years of age. Sales to minors are not permitted. By placing your order you confirm that you are over 18 years old. Taking into account the applicable youth protection laws, if your order includes goods whose sale is subject to age restrictions, we can use a reliable procedure including personal identity and age verification to ensure that the purchaser has reached the required minimum age.
2.5 The languages available for concluding the contract are German and English.
§ 3 Prices and shipping costs
3.1. All prices stated on the website include VAT.
3.2. Shipping costs are to be borne by the buyer in addition to the stated prices and can be viewed via a link on the website. They will also be clearly stated before the binding order is submitted.
§ 4 Delivery
4.1. Delivery dates and delivery times are only binding if they have been confirmed in writing by everValue.
4.2. Agreed delivery times can only be adhered to if you have fulfilled your obligations (e.g. payment of the purchase price on time). If you subsequently request changes or additions, the delivery time may be extended. The delivery deadline is deemed to have been met if the goods have been dispatched or you have been informed that they are ready for dispatch before it expires.
4.3. Even if deadlines and dates have been agreed, everValue is not responsible for delays in delivery and service due to force majeure. Force majeure includes, in particular, war, riots, interventions by higher authorities, measures in the context of labor disputes, strikes or lockouts, shortages of raw materials or energy as well as unavoidable operational or transport disruptions such as power failures, fire, flooding or weather conditions affecting transport. This also applies if the above conditions apply to everValue's upstream suppliers or if everValue is not supplied by them through no fault of their own despite corresponding contracts that would have covered the requirements arising from the agreement with the buyer. In this case, everValue is entitled to postpone the delivery or service for the duration of the hindrance plus an appropriate start-up time or to withdraw from the contract in whole or in part due to the part that has not yet been fulfilled.
4.5. everValue is entitled to make partial deliveries as long as this is not unreasonable for you. everValue will bear the resulting additional transport costs.
§ 5 Payment
Our online shop offers the following payment methods, although we may not be able to offer all payment methods to all customers at all times:
Credit card
When you place your order, you also provide us with your credit card details. Once you have been authenticated as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after placing your order. The payment transaction is carried out automatically by the credit card company and your card is charged.
PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, identify yourself with your access data and confirm the payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
Instant bank transfer
After placing the order, you will be redirected to the website of the online provider SOFORT Transfer. In order to be able to pay the invoice amount via SOFORT transfer, you must have an online banking account with a PIN/TAN procedure that has been activated for participation in SOFORT transfer, identify yourself accordingly and confirm the payment instruction to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately by SOFORT Transfer and your account will be debited.
Payment in advance
Cash in advance. Goods will be delivered after receipt of payment.
invoice
In collaboration with
Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
The payment period is 14 days from the dispatch of the goods or, in the case of other services, from the provision of the service. Full billing terms and conditions can be found here.
The use of the invoice payment method requires a positive credit check. In this respect, as part of the purchase initiation and processing of the purchase contract, we forward your data to Klarna for the purpose of address and creditworthiness checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.
§ 6 Retention of title
The goods remain the property of everValue until full payment has been made. If you are more than 7 days late with payment, everValue has the right to withdraw from the contract and demand the return of the goods.
§ 7 Cancellation policy/right of cancellation
You have a right of withdrawal. With regard to the requirements and legal consequences of the right of withdrawal, we refer to the cancellation policy in the appendix.
§ 8 Warranty
8.1. If the goods delivered are defective, you are entitled, within the scope of the statutory provisions, to demand subsequent performance, to withdraw from the contract or to reduce the purchase price.
8.2. The limitation period for warranty claims for the delivered goods in legal transactions with consumers is two years from receipt of the goods. For buyers who are not consumers, the limitation period for warranty claims is one year.
8.3. When doing business with merchants, the buyer must immediately inspect the shipment upon arrival for transport and other damage and notify us of any damage or loss immediately by submitting a written report stating the exact facts. The provision of Section 377 of the German Commercial Code (HGB) remains applicable. In this case, the defective delivery items must be kept ready for inspection by us in the condition in which they were at the time the defect was discovered.
8.4. Goods must be returned free of charge. everValue can charge or specifically invoice a processing fee of EUR 30.00 (including VAT) for checking unjustified or incomplete returns of rejected goods. There is no processing fee if 6 months have not passed since the goods were sold and handed over by everValue. When charging the processing fee, you are entitled to provide counter-evidence that less damage actually occurred.
8.5. If the delivery item is defective or becomes defective within the agreed limitation period due to manufacturing or material defects, everValue will, at its discretion, provide a replacement or repair for buyers who are not consumers. Buyers who are not consumers can usually be expected to make at least two attempts at repair.
8.6. If the repair or replacement delivery fails after setting a reasonable deadline, you can either demand a reduction in the remuneration or cancellation of the contract after the legal requirements have been met.
8.7. While a repair is being carried out, the expiry of the limitation period is suspended.
8.8. Guarantees only exist if descriptions of the goods have been expressly stated in writing as a guarantee.
§ 9 Limitation of Liability
9.1. everValue is fully liable for damages resulting from injury to life, body or health that are based on a negligent breach of duty on its part, as well as for damages that are based on an intentional or grossly negligent breach of duty by everValue.
9.2. In the event of slight negligence, everValue is only liable if it has violated an essential contractual obligation (cardinal obligation). In the event of a breach of an essential contractual obligation, everValue is only liable for contract-typical, foreseeable damage. Essential contractual obligations (cardinal obligations) are those contractual obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the buyer regularly trusts and can also rely. Typical, foreseeable damages are those that fall under the protective purpose of the breached contractual norm.
9.3. The above liability regulations also apply to vicarious agents and vicarious agents of everValue. Liability under the Product Liability Act remains unaffected.
9.4. Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. everValue is not liable for the constant and uninterrupted availability of our online shop.
§ 10 Online dispute resolution
Online dispute resolution in accordance with Article 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.
§ 10 Final provisions
10.1. It is only the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (UNCISG) of April 11, 1980, the Uniform Sales Act (EKG) and the Uniform Sales Agreement (EKAG) do not apply.
10.2. Place of performance and exclusive place of jurisdiction for all disputes arising from contracts with companies and legal entities under public law on which these terms and conditions are based is Berlin.
Attachment
Consumer information and cancellation policy
If you order goods in our online shop, we would like to point out the following:
(1) The languages available for concluding the contract are German and English.
(2) The contract text is not necessarily stored by us and can no longer be accessed after the ordering process has been completed. However, you can print out the order data immediately after sending it.
(3) Please refer to the individual product descriptions in our online shop for the essential features of the goods we offer and the validity of limited offers.
(4) The presentation of our goods does not constitute a binding offer on our part. Only the ordering of goods by you is a binding offer in accordance with Section 145 of the German Civil Code (BGB). If you accept this offer, we will send you an order confirmation by email. This concludes the purchase contract between you and us.
(5) You can identify any input errors when submitting your order during the final confirmation before checkout and correct them at any time using the delete and change function before sending the order.
(6) If the goods you ordered are not available, we reserve the right not to provide the service.
(7) The purchase price is due immediately upon ordering, with the exception of the payment method invoice. Payment for the goods is made at your choice by credit card, PayPal or instant transfer, Giropay or invoice, although we cannot offer all payment methods to all customers at all times.
(8) You have a right of withdrawal.
(As of January 2020)
§ 1 Scope
These terms and conditions contain the exclusively applicable conditions of everValue GmbH (HRB 85395) (hereinafter: everValue) for ordering goods via the online shop www.skeisan.com, unless these are changed by written agreements between the buyer and everValue. Different terms and conditions will not become part of the contract even in the event of delivery, even without everValue's express objection.
§ 2 Conclusion of contract
2.1 The purchase contract is concluded with everValue GmbH.
2.2 By placing the products in the online shop, we make a non-binding offer to conclude a contract for the quantity of an item that is shown as available at the time of your intention to purchase. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process.
2.3 By clicking the order button, you accept these terms and conditions and submit a binding purchase offer in accordance with Section 145 of the German Civil Code (BGB). If this offer is accepted, everValue will send an order confirmation by email to the email address you provided.
2.4 We only deliver to customers over 18 years of age. Sales to minors are not permitted. By placing your order you confirm that you are over 18 years old. Taking into account the applicable youth protection laws, if your order includes goods whose sale is subject to age restrictions, we can use a reliable procedure including personal identity and age verification to ensure that the purchaser has reached the required minimum age.
2.5 The languages available for concluding the contract are German and English.
§ 3 Prices and shipping costs
3.1. All prices stated on the website include VAT.
3.2. Shipping costs are to be borne by the buyer in addition to the stated prices and can be viewed via a link on the website. They will also be clearly stated before the binding order is submitted.
§ 4 Delivery
4.1. Delivery dates and delivery times are only binding if they have been confirmed in writing by everValue.
4.2. Agreed delivery times can only be adhered to if you have fulfilled your obligations (e.g. payment of the purchase price on time). If you subsequently request changes or additions, the delivery time may be extended. The delivery deadline is deemed to have been met if the goods have been dispatched or you have been informed that they are ready for dispatch before it expires.
4.3. Even if deadlines and dates have been agreed, everValue is not responsible for delays in delivery and service due to force majeure. Force majeure includes, in particular, war, riots, interventions by higher authorities, measures in the context of labor disputes, strikes or lockouts, shortages of raw materials or energy as well as unavoidable operational or transport disruptions such as power failures, fire, flooding or weather conditions affecting transport. This also applies if the above conditions apply to everValue's upstream suppliers or if everValue is not supplied by them through no fault of their own despite corresponding contracts that would have covered the requirements arising from the agreement with the buyer. In this case, everValue is entitled to postpone the delivery or service for the duration of the hindrance plus an appropriate start-up time or to withdraw from the contract in whole or in part due to the part that has not yet been fulfilled.
4.5. everValue is entitled to make partial deliveries as long as this is not unreasonable for you. everValue will bear the resulting additional transport costs.
§ 5 Payment
Our online shop offers the following payment methods, although we may not be able to offer all payment methods to all customers at all times:
Credit card
When you place your order, you also provide us with your credit card details. Once you have been authenticated as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after placing your order. The payment transaction is carried out automatically by the credit card company and your card is charged.
PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, identify yourself with your access data and confirm the payment instructions to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
Instant bank transfer
After placing the order, you will be redirected to the website of the online provider SOFORT Transfer. In order to be able to pay the invoice amount via SOFORT transfer, you must have an online banking account with a PIN/TAN procedure that has been activated for participation in SOFORT transfer, identify yourself accordingly and confirm the payment instruction to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately by SOFORT Transfer and your account will be debited.
Payment in advance
Cash in advance. Goods will be delivered after receipt of payment.
invoice
In collaboration with
Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna:
The payment period is 14 days from the dispatch of the goods or, in the case of other services, from the provision of the service. Full billing terms and conditions can be found here.
The use of the invoice payment method requires a positive credit check. In this respect, as part of the purchase initiation and processing of the purchase contract, we forward your data to Klarna for the purpose of address and creditworthiness checks. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here. General information about Klarna can be found here. Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.
§ 6 Retention of title
The goods remain the property of everValue until full payment has been made. If you are more than 7 days late with payment, everValue has the right to withdraw from the contract and demand the return of the goods.
§ 7 Cancellation policy/right of cancellation
You have a right of withdrawal. With regard to the requirements and legal consequences of the right of withdrawal, we refer to the cancellation policy in the appendix.
§ 8 Warranty
8.1. If the goods delivered are defective, you are entitled, within the scope of the statutory provisions, to demand subsequent performance, to withdraw from the contract or to reduce the purchase price.
8.2. The limitation period for warranty claims for the delivered goods in legal transactions with consumers is two years from receipt of the goods. For buyers who are not consumers, the limitation period for warranty claims is one year.
8.3. When doing business with merchants, the buyer must immediately inspect the shipment upon arrival for transport and other damage and notify us of any damage or loss immediately by submitting a written report stating the exact facts. The provision of Section 377 of the German Commercial Code (HGB) remains applicable. In this case, the defective delivery items must be kept ready for inspection by us in the condition in which they were at the time the defect was discovered.
8.4. Goods must be returned free of charge. everValue can charge or specifically invoice a processing fee of EUR 30.00 (including VAT) for checking unjustified or incomplete returns of rejected goods. There is no processing fee if 6 months have not passed since the goods were sold and handed over by everValue. When charging the processing fee, you are entitled to provide counter-evidence that less damage actually occurred.
8.5. If the delivery item is defective or becomes defective within the agreed limitation period due to manufacturing or material defects, everValue will, at its discretion, provide a replacement or repair for buyers who are not consumers. Buyers who are not consumers can usually be expected to make at least two attempts at repair.
8.6. If the repair or replacement delivery fails after setting a reasonable deadline, you can either demand a reduction in the remuneration or cancellation of the contract after the legal requirements have been met.
8.7. While a repair is being carried out, the expiry of the limitation period is suspended.
8.8. Guarantees only exist if descriptions of the goods have been expressly stated in writing as a guarantee.
§ 9 Limitation of Liability
9.1. everValue is fully liable for damages resulting from injury to life, body or health that are based on a negligent breach of duty on its part, as well as for damages that are based on an intentional or grossly negligent breach of duty by everValue.
9.2. In the event of slight negligence, everValue is only liable if it has violated an essential contractual obligation (cardinal obligation). In the event of a breach of an essential contractual obligation, everValue is only liable for contract-typical, foreseeable damage. Essential contractual obligations (cardinal obligations) are those contractual obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the buyer regularly trusts and can also rely. Typical, foreseeable damages are those that fall under the protective purpose of the breached contractual norm.
9.3. The above liability regulations also apply to vicarious agents and vicarious agents of everValue. Liability under the Product Liability Act remains unaffected.
9.4. Given the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. everValue is not liable for the constant and uninterrupted availability of our online shop.
§ 10 Online dispute resolution
Online dispute resolution in accordance with Article 14 Para. 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr/.
§ 10 Final provisions
10.1. It is only the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods (UNCISG) of April 11, 1980, the Uniform Sales Act (EKG) and the Uniform Sales Agreement (EKAG) do not apply.
10.2. Place of performance and exclusive place of jurisdiction for all disputes arising from contracts with companies and legal entities under public law on which these terms and conditions are based is Berlin.
Attachment
Consumer information and cancellation policy
If you order goods in our online shop, we would like to point out the following:
(1) The languages available for concluding the contract are German and English.
(2) The contract text is not necessarily stored by us and can no longer be accessed after the ordering process has been completed. However, you can print out the order data immediately after sending it.
(3) Please refer to the individual product descriptions in our online shop for the essential features of the goods we offer and the validity of limited offers.
(4) The presentation of our goods does not constitute a binding offer on our part. Only the ordering of goods by you is a binding offer in accordance with Section 145 of the German Civil Code (BGB). If you accept this offer, we will send you an order confirmation by email. This concludes the purchase contract between you and us.
(5) You can identify any input errors when submitting your order during the final confirmation before checkout and correct them at any time using the delete and change function before sending the order.
(6) If the goods you ordered are not available, we reserve the right not to provide the service.
(7) The purchase price is due immediately upon ordering, with the exception of the payment method invoice. Payment for the goods is made at your choice by credit card, PayPal or instant transfer, Giropay or invoice, although we cannot offer all payment methods to all customers at all times.
(8) You have a right of withdrawal.