General Conditions of Business of EOD

The English wording is just for information. The German wording shall prevail.

1. Scope of Application

All deliveries, services and offers of EOD European Online Disitribution GmbH (hereinafter referred to as: EOD) are exclusively made/rendered on the basis of these General Conditions of Business. Any diverging terms and conditions of the buyer that are not expressly recognized in writing shall be non-binding even if they are not expressly contradicted.

2. Offer and Conclusion of Contract

Any details stated in advertising texts and letters are not to be regarded as guaranteed attributes of the product or guarantees, unless otherwise agreed. Our website is not to be qualified as an offer. The customer will receive an acknowledgement first. The contract is concluded with the dispatch of goods or a separate acceptance of the customer’s order by EOD.

3. Right of revocation

You may revoke your declaration of intent within two weeks in textual form (e.g. letter, fax, e-mail) without indicating any reasons or by returning the respective goods. This does not apply if your order is related to your business or trade and not intended for private use. The two-week-period will begin soonest on the day following receipt of the merchandise and separate instructions in textform concerning your right of revocation. For the purpose of observing the time limit set for revocation it will be sufficient that the revocation resp. the goods are sent (back) in time. The revocation is to be addressed to:
EOD European Online Distribution GmbH; Boetzingerstrasse 60; 79111 Freiburg; Germany; Fax +49 761 45 14 201; eMail sales@wellango.de

Consequences of revocation:
In case of effective revocation the performances mutually received must be returned and benefits (e.g. interest) drawn, if any, be surrendered. If you are unable to return the merchandise or parts thereof or are only able to return it in a deteriorated condition, you may be required to pay damages as compensation. This will not apply if such deterioration of the merchandise has only been caused by its inspection – as would have, for example, been possible in a retail store – or by the first-time use of the merchandise for its intended purpose. You can avoid paying compensation by not using the merchandise and treating it as your property and by avoiding anything that reduces its value.
Items suitable for delivery by parcel are to be returned at our risk. Items not suitable for delivery by parcel will be picked up at your place. You will be required to bear the cost of return delivery if the merchandise delivered corresponds with the one ordered and the price of the item to be sent back does not exceed the amount of Euro 40 or – in case of a higher price of the item – if you have not paid the price or any contractually agreed instalment on the date of revocation as yet. Otherwise, return delivery will be free of charge for you. Obligations concerning the refund of payments must be met by you within 30 days after sending your letter of revocation.

The right of revocation does not apply to:

• products that have been assembled according to customer’s specifications or are clearly adapted to personal requirements, or by reason of their nature are not suitable for return shipment, or may deteriorate rapidly, or if after shipping their sell-by-date would be exceeded.
• audio or video tapes or software where the customer has unsealed the data carriers/media supplied.

4. Prices and Payment

Unless otherwise indicated, all prices are understood including value-added tax at the respective legal rate. Shipment is invoiced separately. Unless otherwise agreed, invoices shall be due and payable without deduction within 10 days from the date of invoice. In case of a default in payment, interest shall be charged at the legal rate. Further claims remain reserved.
The Buyer shall only be entitled to a set-off if its counter-claims have become indefeasible, are undisputed or have been recognized by EOD.

5. Retention of Title

EOD reserves its title to the purchased goods until the receipt of all payments under the contract.

6. Warranty

Warranty will be given in accordance with the statutory provisions. As regards warranty to business customers, however, claims on account of defects will become statute-barred 12 months after the risk has been transferred.

7. General Limitation of Liability

Any claims against EOD for damages for a breach of collateral contractual duties and for torts are excluded, except in cases of intent or gross negligence or breach of a material contractual duty or in case of damages to health or body of a human being. The same shall apply to claims for damages as far as compensation for indirect damage or consequential damage caused by a defect is claimed. The Product Liability Act shall be unaffected.

8. Place of Performance, Place of Jurisdiction, Governing Law

Place of performance for all obligations and place of jurisdiction for all disputes resulting from the contractual relationship shall be Freiburg, as far as the contracting party is a registered merchant or a legal person under public law. The contractual relationship shall be governed by German law. The CISG shall be inapplicable.

9. Severability

If any term or condition in these General Conditions is null and void or will become null and void, then the effectiveness of all other terms and conditions shall not be impaired thereby. All terms and conditions of these General Conditions are separable.