General Terms and Conditions

§ 1 Scope and Definitions

(1) Everblue Technologies GmbH, Fabeckstr. 60, 14195 Berlin, Germany (hereinafter: “we” or “EverBlue Technologies”) operates an online shop for goods on the website https://everblue-technologies.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) A “consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An “entrepreneur” is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity, whereby a legal partnership is a partnership endowed with the ability to acquire rights and incur liabilities.

§ 2 Conclusion of Contracts, Storage of the Contract Text

(1) The following regulations regarding the conclusion of contracts apply to orders placed via our online shop at https://everblue-technologies.de.

(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding contractual offer by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:

1. Selection of the desired goods,
2. Adding products by clicking the corresponding button (e.g., “Add to Cart,” “Add to Shopping Bag,” or similar),
3. Reviewing the information in the shopping cart,
4. Accessing the order summary by clicking the corresponding button (e.g., “Proceed to Checkout,” “Proceed to Payment,” “To Order Summary,” or similar),
5. Entering/reviewing address and contact details, selecting the payment method, confirming the Terms and Conditions and cancellation policy,
6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
7. Completing the order by clicking the “Buy Now” button. This constitutes your binding order.
8. The contract is concluded when you receive an order confirmation from us at the email address provided within three business days.

(4) In the event of a contract being concluded, the contract is made with Everblue Technologies GmbH, Fabeckstr. 60, 14195 Berlin, Germany.

(5) Before placing the order, the contract data can be printed or electronically saved using the browser’s print function. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order data, the General Terms and Conditions, and the cancellation policy, are carried out by email after you trigger the order, partly automatically. We do not store the contract text after the contract is concluded.

(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the browser’s “Back” button). They can also be corrected by prematurely canceling the order process, closing the browser window, and repeating the process.

(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular, that it is not prevented by spam filters.

§ 3 Subject Matter of the Contract and Essential Product Characteristics

(1) The subject matter of the contract in our online shop is:

1. The sale of goods. You can find the specific goods offered on our product pages.

(2) The essential characteristics of the goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be explicitly stated in the item description (negative quality agreement). If the customer has given their express consent to the negative quality deviation, this defines the subject matter of the contract.

§ 4 Prices, Shipping Costs, and Delivery

(1) The prices listed in the respective offers, as well as the shipping costs, are total prices and include all price components, including all applicable taxes.

(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are indicated under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for individual payment methods, payment claims are due immediately.

(3) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is designated as free shipping. The shipping costs will be clearly communicated to you again in the offers, possibly in the shopping cart system, and on the order summary.

(4) All products offered are, unless clearly stated otherwise in the product description, ready for immediate dispatch (delivery time: [ Platziere den Wert für default_delivery_time_text ] after receipt of payment).

(5) The following delivery area restrictions apply: Delivery is made to the following countries: Germany.

(6) If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of sending the goods if you effectively exercise your right of withdrawal. For return costs, if you effectively exercise your right of withdrawal, the regulation we have made in the cancellation policy applies.

§ 5 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

§ 6 Right of Withdrawal

As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.

§ 7 Contract Language

German is the only contract language available.

§ 8 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tort is limited to intent or gross negligence.

(2) We are liable without limitation for slight negligence in the event of injury to life, body, health, or in the event of a breach of a material contractual obligation. If we are in default with performance due to slight negligence, if performance has become impossible, or if we have breached a material contractual obligation, liability for property damage and financial loss attributable thereto is limited to the foreseeable damages typical for the contract. A material contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose breach jeopardizes the achievement of the contract’s purpose, and on whose observance you can regularly rely. This includes, in particular, our obligation to act and to fulfill the contractually owed performance described in § 3.

§ 9 Warranty

(1) The warranty is governed by statutory provisions.

(2) For entrepreneurs, the warranty period for delivered goods is 12 months.

(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon contract fulfillment for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will, of course, not affect your statutory warranty claims.

§ 10 Final Provisions/Dispute Resolution

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state of their habitual residence (favorability principle).

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

(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.

(4) Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.