Conditions

  • 1 Validity and definitions of terms
(1) The following General Terms and Conditions shall apply to all business relations between us and the Customer in the version valid at the time of the order.
(2) "Consumer" within the meaning of these Terms and Conditions is any natural person who enters into a business relationship with us for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB).
(3) "Entrepreneurs" within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity who enter into business relations with us and who act in the exercise of their commercial or self-employed activity (§ 14 BGB). If entrepreneurs do not act in the exercise of their commercial or independent activity, they also benefit from the rights intended for consumers. They shall be deemed to be consumers within the meaning of these Terms and Conditions.
(4) "Customers" within the meaning of these Terms and Conditions are both consumers and entrepreneurs.
(5) Deviating, conflicting or supplementary General Terms and Conditions of Business of entrepreneurs, even if known, shall not become part of the contract unless their validity is expressly agreed to in writing.

  • 2 Conclusion of a contract, storage of the contract text

(1) The following regulations on the conclusion of a contract apply to orders placed via our Internet store.
(2) In the event of the conclusion of a contract, the contract with the provider of Devo Brand

Devo Brand

Uhlandstrasse 18
74821 Mosbach

comes about.

(3) The presentation of the goods in our Internet store (not eBay) does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the customer to order goods. By ordering the desired goods, the customer submits a binding offer to conclude a purchase contract.
(4) Upon receipt of an order in our Internet store (not eBay), the following rules apply:
The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet store. The order is placed in the following steps:

1.Selection of the desired goods

2. confirming by clicking the button "add to shopping cart" (symbol shopping cart/shopping cart)

3. checking the data in the shopping cart
4. pressing the button "checkout
5. input of the applicant's data (address, telephone number and e-mail address)
6. selection of the payment method
7. acknowledgement of the terms and conditions and cancellation policy
8. binding sending of the order by clicking the "buy" button

Before the binding submission of the order, the customer can, by pressing the "back" button contained in the Internet browser used by him, after checking his details, return to the Internet page on which the customer's details are recorded and correct input errors or cancel the order process by closing the Internet browser. We confirm the receipt of the order immediately by an automatically generated e-mail. This does not constitute acceptance of the offer. The acceptance of the offer is made in writing, in text form or by sending the ordered goods.
(5) In the case of orders placed via our Internet store (not eBay), we shall be entitled to accept the customer's contractual offer contained in the order in writing or in text form or by sending the ordered goods within five days. After fruitless expiration of the period mentioned in sentence 1, the offer shall be deemed rejected.
(6) Storage of the contract text for orders via our Internet store (not eBay): We store the text of the contract and send you the order data and our GTC by e-mail in the form of a link.

  • 3 Prices, Shipping Costs, Payment, Due Date

(1) The stated prices include the statutory value added tax.
(2) The customer has the option of payment in advance (bank transfer), by PayPal, by credit card. To protect the credit risk, we reserve the right to carry out the requested order only against prepayment.
(3) If the customer has chosen payment in advance or PayPal, he undertakes to pay the purchase price immediately after conclusion of the contract.
(4) The Entrepreneur shall only have a right of set-off if his counterclaims are undisputed or have been legally established. This shall not affect any warranty claims of the Entrepreneur.

  • 4 Delivery, Transfer of Risk

(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment and will be delivered within 1-3 working days from the conclusion of the contract.
(2) If the customer has chosen payment in advance or PayPal, we will not ship the goods before receipt of payment.
(3) If the buyer is a consumer, the risk of accidental loss and accidental deterioration of the sold item shall pass to the buyer only upon delivery of the item to the buyer, even in the case of a mail order purchase.
(4) If the Buyer is an entrepreneur, the risk and peril of the shipment shall pass as soon as the goods have been handed over by us to the commissioned logistics cooperation partner.
(5) If the Customer is an entrepreneur, we reserve the right, in the event that we are unable to meet a delivery deadline for reasons for which we are not responsible, to set a new reasonable delivery deadline after immediately informing the Customer. If the ordered item is also not available within this new delivery period, we are entitled to withdraw from the contract in the case of entrepreneurs. We will immediately refund any consideration already paid.

  • 5 Retention of title

(1) If the customer is a consumer, we retain title to the goods until the purchase price has been paid in full.
(2) If the customer is an entrepreneur, we shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. If the value of the reserved goods exceeds the claims to be secured from the current business relationship by 10%, we shall be obliged to release the reserved goods to this extent.
(3) If the customer is an entrepreneur, he shall be entitled to resell the goods in the ordinary course of business. He hereby assigns to us all claims in the amount of the invoice which accrue to him against a third party as a result of the resale. We accept the assignment. After the assignment, the entrepreneur shall be authorized to collect the claim. We reserve the right to collect the claim ourselves as soon as the entrepreneur does not properly meet his payment obligations and is in default of payment. The processing of the goods by the entrepreneur shall always be carried out in our name and on our behalf. If the goods are processed by the entrepreneur, we shall acquire co-ownership of the new item in proportion to the value of the goods delivered by us. The same shall apply if the goods are processed or mixed by entrepreneurs with other items not belonging to us.

  • 6 Warranty

(1) For consumers, the statutory warranty provisions shall apply.
(2) Claims for damages due to injury to life, body or health or due to the Product Liability Act shall remain unaffected. The same shall apply to breaches of duty by our vicarious agents.
(3) In the case of entrepreneurs, warranty claims that are not directed at compensation for damages shall become statute-barred one year after delivery of the goods. The statutory limitation periods for recourse claims of the entrepreneur according to § 478 BGB shall remain unaffected.

  • 7 Limitation of liability

We exclude liability for damages caused by simple negligence, unless these result from the breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the contractual partner may regularly rely, or relate to guarantees for the quality of the object of purchase or damages resulting from injury to life, limb or health or claims under the Product Liability Act. The same applies to breaches of duty by our vicarious agents. In the event of a breach of material contractual obligations, liability in cases of ordinary negligence shall be limited to the damage typically associated with the contract and foreseeable.

  • 8 Contractual regulation regarding the return costs in case of revocation

Should you make use of your right of revocation, you shall bear the direct costs of the return shipment, irrespective of the price of the item to be returned.

  • 9 Contractual language, choice of law & place of jurisdiction

(1) The contract language is exclusively German.
(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the respective competent court at our place of business.

  • 10 Customer Service

Our customer service for questions, complaints and objections is available on weekdays from 08:00 to 17:00 as follows:
E-mail: info@devo-brand.com

11 Dispute resolution procedure
We do not participate in a dispute resolution procedure before a consumer arbitration board.

http://ec.europa.eu/consumers/odr/

Devo Brand

Uhlandstrasse 18
74821 Mosbach

Contact
E-Mail: info@devo-brand.com

Mosbach, the 04.02.2023