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Standard Business Terms and customer information


I. Standard business terms


§ 1 Basic provisions


1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Christian Evers) via the
www.c-evers.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.


(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an
overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to
every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent
professional or commercial activity.


§ 2 Conclusion of the contract


(1) The subject-matter of the contract is the selling of products including digital content (data created and delivered in digital form) .

Our offers on the website are non-binding and are not a binding offer to conclude a contract.


(2) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and
binding offer (e.g. via e-mail), which you can accept within a period of 5 days


(3) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a
partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one,
and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by
a SPAM filter.

§ 3 License to use digital content


(1) The digital content offered is protected by copyright. For each digital content purchased from us, you will receive a usage license from
the respective licensor. The type and scope of the usage license are determined by the license terms stated in the respective offer.

(2) Unless otherwise stated in the respective offer, you receive a simple license of use. This includes a non-exclusive right of use for an
unlimited period of time, in particular the permission to save and/or print out a copy of the digital content for your personal use on your
computer or other electronic device.

You are not entitled to rent out the digital content that is subject of the contract or parts thereof or, , to sublicense it either for a fee or free
of charge, to reproduce it publicly or make it accessible in any other way or otherwise make it available to third parties.

§ 4 Individually-designed products


(1) You provide us with the appropriate information, text or data necessary to customise the goods via the online ordering system or via E-
mail without undue delay after concluding the contract. Any potential specifications that we may issue regarding file formats are to be borne
in mind


(2) You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights,
rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be
raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.


3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.

(4) Insofar as is specified in the quote, we will send you a revised submission which must be checked by you without delay. If you approve of
the design, you are to approve the correction template for execution through a counter-signature in text format (e.g. e-mail).
Tasks related to the creation of the product in question are not carried out without your approval.
You are responsible for checking the correction template for accuracy and completeness and bringing any potential errors to our attention.
We assume no liability for unqueried errors.

§ 5 Special agreements related to the offered payment methods


(1) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method offered via “PayPal” / “PayPal Checkout”, the payment will be processed via the payment service provider
PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via
“PayPal” will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering
process. “PayPal” may use other payment services for payment processing; if special payment conditions apply, you will be informed of
these separately. You can find more information on “PayPal” at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 6 Right of retention, reservation of proprietary rights

(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full


§ 7 Warranty

(1) The statutory warranty rights are applicable.


(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it
is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it
shall have no effect on your legal warranty claims.


(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were
informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between
the contracting parties.


§ 8 Choice of law


(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed
by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-
doubt principle).


(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable..


II. Customer information


1. Identity of the seller

 

Christian Evers
Altersheimerstraße 18
81545 München
Deutschland
Telefon: +491522 7939718
E-Mail: mail@c-evers.de

Alternative dispute resolution:

The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under
https://ec.europa.eu/odr.

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.


2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in
accordance to the regulations “conclusion of the contract” in our standard business terms (part I.).


3. Contractual language, saving the text of the contract

3.1 Contract language shall be English


3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically
saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance
selling contracts and the standard business terms are re-sent to you via e-mail.


3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation
requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.


4. Main features of the product or service


The key features of the goods and/or services can be found in the respective quote.


5. Prices and payment arrangements


5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components,
including all the incidental taxes.

5.2 There are no shipping costs.


5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the
respective quote.


5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded
become payable immediately.


6. Delivery conditions, Provision


6.1 The terms and conditions of delivery, the delivery date and, if applicable, existing delivery restrictions as well as the terms and
conditions of the provision of digital content can be found under a correspondingly designated button on our website or in the respective
offer.


6.2 If you are a consumer, the following is statutorily regulated: The risk of the sold item accidentally being destroyed or degraded during
shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This
condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who
has otherwise been appointed to execute the shipping operation.


7. Statutory warranty right


Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).


These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly
checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings
are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-
service.


last update: 29.11.2022