dated November 2019
1. Scope of application
These general terms and conditions (hereinafter referred to as "GTC") apply to all legal transactions concluded via www.tranzbag.com. The online shop is operated by EVOC Sports GmbH, Tegernseer Landstr. 37A, DE-81541 München (hereinafter referred to as "EVOC").
EVOC may amend these GTC at any time. The version of the General Terms and Conditions published on the www.tranzbag.com website at the time of an order shall be decisive in each case. Terms and conditions of the customer which deviate from the respective valid GTC shall not be recognized.
2. Product and price information
Illustrations of products in advertising, brochures, online shops, etc. serve as illustrations and are non-binding.
All sales prices published in the online shop represent final prices and usually include all taxes (e.g. VAT), packaging and delivery costs and other charges, fees or costs. An exception is a possible surcharge for small quantities of a maximum of EUR 9.00, which is charged by EVOC, if the sum of the shopping basket is less than EUR 50.00 for an order. EVOC reserves the right to change the prices of the products and services offered at any time. The price in the online shop at the time of the order is decisive for the conclusion of the purchase contract.
3. Offer and conclusion of contract
The products and prices in the online shop are considered an offer, which, however, is always subject to a delivery impossibility or an incorrect price quotation. A contract for products or services of EVOC is concluded as soon as the customer places his order in the online shop, by telephone or e-mail (hereinafter referred to as "purchase contract"). The arrival of an online order is indicated by an automatically generated order confirmation sent to the specified e-mail address. The receipt of the order confirmation does not, however, contain any confirmation that the product can also be delivered under these conditions. It merely indicates to the customer that the order placed has been received by the online shop and that the contract with EVOC has therefore been concluded under the condition that delivery is possible and that the price has been correctly quoted.
4. Delivery date
EVOC attaches great importance to indicating availability and delivery times in the online shop up-to-date and accurately. However, delays in delivery may occur in particular due to production or delivery bottlenecks. All information regarding availability and delivery time are therefore subject to change without notice.
With the order confirmation, the customer is informed of a provisional delivery date. If EVOC is in default of delivery, the customer is entitled (except in the case of special orders) from the 30th calendar day since the announced delivery date to withdraw from the contract. In this case, EVOC will reimburse the customer for any amounts already paid in advance. Further claims against EVOC are excluded.
5. Terms of delivery
For EVOC products and services, customers have access to the delivery and collection options offered in the online shop.
If the customer does not accept the ordered products on the agreed or indicated delivery date, EVOC may terminate (cancel) the contract and charge the customer for the delivery costs incurred and any losses in value.
6. Obligation of customers to audit
The customer must immediately check delivered or collected products for correctness, completeness and delivery damage. In the case of forwarding deliveries, any delivery damage must be noted immediately on the delivery note. Defective products must not be put into operation by the customer. They must be returned to EVOC in their original packaging.
EVOC guarantees for 2 years from delivery that the ordered product has no defects. The warranty period shall continue to run irrespective of the provision of any warranty services. EVOC can provide the warranty either by, free repair, partial or complete replacement, credit note at the current price or reduction. All further claims and in particular the guarantee regulations in the non-mandatory law are excluded.
8. Liability and exclusion of liability
Liability is governed by applicable law and is limited to cases of gross negligence or intent. In particular, EVOC shall in no event be liable for (i) slight negligence, (ii) indirect or consequential damages or loss of profits, (iii) unrealized savings, (iv) damages resulting from delay in delivery or (v) any acts or omissions of EVOC's assistants, whether contractual or non-contractual. EVOC is also not liable for any damage caused by any of the following causes:
- improper, non-contractual or unlawful storage, adjustment or use of the products;
- Use of incompatible spare parts or accessories
- failure to carry out maintenance and/or improper modification or repair of the products by the customer or a third party;
- Force majeure, in particular natural, moisture, fall and impact damage etc. for which REPAPER is not responsible, and official orders.
9. Terms of payment
EVOC will claim all payment claims for products and services purchased through the EVOC online shop directly from the customer. The customers have access to the payment options offered in the online shop as means of payment. The respective means of payment fees, which may be charged by EVOC, are shown in detail in the order process.
In the case of payment by credit card or other means of immediate payment, the charge will be made when the order is placed and in the case of prepayment, delivery will be made only after receipt of payment. The products in the EVOC central warehouse are reserved until the end of the payment period of at least 40 calendar days.
10. Changes to the order or cancellation
If a delivery impossibility (resolutory condition) occurs after conclusion of the contract, the customer will be informed immediately by e-mail. If the customer has already paid, this amount will be refunded. If payment has not yet been made, the customer shall be released from the obligation to pay to the exclusion of all other claims.
11. Data protection
12. Partition Invalidity
Should individual provisions of these GTC be invalid or ineffective, this shall not affect the effectiveness of the remaining provisions and these GTC as a whole.
13. Place of jurisdiction and applicable law
The contract is governed by the law of the Federal Republic of Germany to the exclusion of international conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980.
The place of jurisdiction for consumer actions shall be their place of residence. Otherwise, the exclusive place of jurisdiction for all legal disputes arising from this contract shall be the City of Munich. EVOC can, however, also submit complaints to other courts.