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TERMS OF SERVICE

EzeEyes
Amboßweg 34, 38229 Salzgitter

Germany
info@ezelashes.com

 

Validity of the conditions / offers

(1) The following general terms and conditions apply to all contracts concluded between EzeEyes and the end customer as a consumer within the meaning of Section 13 of the German Civil Code (BGB) for deliveries made via online trading.

(2) Offers of EzeEyes are subject to change in all parts, unless EzeEyes has expressly marked them as binding. This applies in particular to drawings, illustrations, dimensions, weights or other performance data.

 

Conclusion of contract

(1) Contracts are concluded with EzeEyes. Managing director Rike Bojanowski.

(2) The presentation of the products in the online shop is not a legally binding offer from EzeEyes, but a non-binding invitation to submit an offer by the end customer. By clicking the “Buy Now” button, the end customer places a binding order for the goods contained in his shopping cart with EzeEyes. The receipt of the order is confirmed together with the acceptance of the order by EzeEyes immediately after it is sent by an automated email. With this email confirmation from EzeEyes, the purchase contract has been concluded on the terms and content stated in the confirmation.

(3) EzeEyes reserves the right to deviate from the contractually agreed quality of the goods insofar as such deviations are customary in the trade or represent an improvement.

 

Right of withdrawal

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. The right of withdrawal does not exist for distance contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery. Unsealed goods must remain unopened, EzeEyes reserves the right to exclude opened goods from exchange or return. In order to exercise your right of withdrawal, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or email).

To meet the cancellation deadline, it is sufficient for you to send your communication regarding the exercise of the right of cancellation to:

EzeEyes
Amboßweg 34, 38229 Salzgitter
Germany
info@ezelashes.com

 

Consequences of cancellation If you cancel this contract, we will have all payments that we have received from you, with the exception of the delivery costs and the additional costs that result from the fact that you have chosen a different type of delivery than the cheapest standard delivery we offer ), to be repaid immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. Delivery costs are only covered by EzeEyes if the reason for the revocation is demonstrably based on a defect. For this repayment, we use the same means of payment that you used in the original transaction, unless you have expressly agreed otherwise, under no circumstances will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. The goods must be delivered immediately and in any event not later than 14 days from the day on which you inform us of the cancellation of this contract

EzeEyes
Amboßweg 34, 38229 Salzgitter
Germany
info@ezelashes.com

be returned or handed over. The deadline is met if you send the goods before the 14 day period has expired. We do not bear the cost of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, characteristics and functionality of the goods. A refusal to accept the shipment or not to collect the shipment from the shipping service provider does not count as a cancellation of the order. The shipping costs are not reimbursed in these two cases either. End of revocation

 

Prices

(1) All prices of EzeEyes apply in euros from the EzeEyes headquarters, plus separately stated shipping costs and statutory sales tax, unless a different agreement has been made with the end customer. The type of packaging is at the discretion of EzeEyes, unless it has made a different agreement with the end customer. (2) EzeEyes reserves the right to change prices when accepting differing quantities compared to the agreed scope.

 

Terms of payment, lump sum for damages

(1) When ordering via the EzeEyes online portal, the end customer has the following payment options: a) Prepayment

b) payment with credit card

c) Payment via PayPal

d) Payment on account

e) Payment via Sofortüberweisung Payment is only deemed to have been made when the payment amount has been credited to the EzeEyes account. If the payment amount is not credited to the EzeEyes account, the end customer will receive an invoice 14 days after the invoice date plus any return debit fees and other third-party costs as well as an EzeEyes processing fee of
5,00 €.
(2) The end customer is only entitled to offset, even if he claims defects or counterclaims, if the counterclaims have been legally established, EzeEyes has recognized them or they are undisputed. The end customer is only authorized to exercise a right of retention if his counterclaim is based on the same contract.

(3) The end customer may only assign claims from the business relationship with the prior written consent of EzeEyes.

(4) If EzeEyes is entitled to demand compensation from the end customer instead of the service, the end customer has to pay a flat rate of 30% of the contract sum. EzeEyes reserves the right to assert further claims against evidence. The end customer is allowed to provide proof that EzeEyes has not suffered any damage at all or not at the flat rate of 30% of the contract sum.

 

Delivery / delivery time

(1) The delivery period begins on the day the order confirmation is sent or after receipt of all documents to be carried out by the end customer for the execution of the order, if these documents are not yet available on the day the EzeEyes order confirmation is sent.

(2) Delays in delivery and performance due to force majeure, natural disasters as well as due to unindebted labor disputes, or other unforeseeable and non-culpable obstacles to performance of EzeEyes that cannot be overcome by reasonable expenses, entitle EzeEyes to the delivery date by the duration of the performance disruptions caused by these circumstances – but at the longest for four weeks – postpone. EzeEyes and the end customer are entitled to withdraw from the contract if the aforementioned reasons lead to an appointment extension of more than four weeks; The end customer is free to exercise other statutory cancellation rights at an earlier point in time – for example, because the business basis ceases to exist or because EzeEyes is not responsible for the impossibility of performance.

(3) The delivery is subject to self-delivery insofar as EzeEyes has concluded a cover transaction for the delivery and for its part is not supplied for reasons for which it is not responsible. If the delivery from the cover transaction does not take place within the delivery period, EzeEyes is obliged to inform the end customer of this immediately and is entitled to withdraw from the contract. EzeEyes is also obliged to reimburse payments made to end customers. The assertion of claims for damages by the end customer due to such a withdrawal is excluded.

(4) EzeEyes is entitled to provide partial deliveries and partial services to the end customer insofar as this is reasonable for the end customer and overpayments are reimbursed directly by EzeEyes. EzeEyes will deliver the goods not delivered on the agreed delivery date in the areas of new goods, limited editions and gift sets to the end customer, if and as soon as this goods are available again at EzeEyes.

(5) If the end customer defaults on acceptance, EzeEyes is entitled to demand compensation from the end customer for the damage it has suffered and any additional expenses. With the delay in acceptance, the risk of accidental deterioration and accidental loss of the delivery item passes to the end customer.

(6) Is the delivery of an order due to errors by the end customer, e.g. due to input errors, EzeEyes is entitled to withhold the shipping costs. If a delivery is due to errors caused by EzeEyes, the shipping costs for the first delivery will be borne by EzeEyes.

(7) Two options are available for deliveries to Austria. If the customer chooses the delivery without tracking number during the ordering process, the order will not be delivered again if the shipment is lost. In this case EzeEyes reserves the right to invoice the outstanding amount despite the loss and to demand the amount from the customer.

 

Claims for defects / liability

(1) If the delivered goods have a defect at the time of delivery, EzeEyes is obliged, at the end customer’s option, to remedy the defect or to deliver a defect-free item to the end customer (supplementary performance), unless EzeEyes is required by law is entitled to refuse subsequent performance. The end customer must grant EzeEyes a reasonable period for supplementary performance. During the subsequent performance, the reduction of the purchase price (reduction), the assertion of claims for damages due to the defect or the withdrawal from the contract by the end customer are excluded. The rectification is deemed to have failed on the second unsuccessful attempt. If the supplementary performance has failed, the end customer can reduce the purchase price or withdraw from the contract. The end customer can only assert claims for damages under the following conditions if the supplementary performance has failed. The right of the end customer to assert further claims for damages according to the following provisions remains unaffected.

(2) EzeEyes only provides a guarantee for obvious defects if the end customer notifies EzeEyes in writing (e.g. letter, email) within 14 days of receipt of the goods. In order to meet the deadline, it is important to send the notice of defects in good time.

(3) If the end customer makes changes to EzeEyes products, the end customer’s claims for defects no longer apply if one of these circumstances has caused the defect.

(4) EzeEyes is liable for damage – regardless of the legal reason – in cases of intent and gross negligence.

(5) In addition, EzeEyes is liable for damage caused by simple negligent violation of such contractual obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations, the fulfillment of which enables the proper execution of the contract in the first place and for compliance with it by the end customer regularly trusts and may trust. In this case, EzeEyes is only liable if the damage is typically associated with the contract and is foreseeable. Without prejudice to paragraph 6 below, EzeEyes is not liable for the simple negligent breach of obligations other than those mentioned in the previous sentences.

(6) The above limitations of liability in favor of EzeEyes do not apply in cases of liability under the Product Liability Act, in the event of injury to life, limb or health, and also not if and to the extent that EzeEyes has maliciously concealed defects in the purchased item. The liability restrictions also do not apply insofar as EzeEyes has given a quality and / or durability guarantee regarding the goods or parts thereof within the scope of the guarantee given. However, EzeEyes is only liable for damage that is based on the violation of a given guarantee but does not occur directly on the goods if the risk of such damage is clearly covered by the given guarantee.

(7) As far as the liability of EzeEyes is hereby excluded or limited, this also applies to the personal liability of its representatives, employees and vicarious agents.

 

Retention of title

(1) EzeEyes reserves ownership of the delivered goods until the final and full payment has been received (reserved goods).

(2) The end customer has EzeEyes from all access by third parties, in particular foreclosure measures and other impairments to his (Co-) ownership to be informed immediately in writing. The end customer has to compensate EzeEyes for all damages and costs that result from a breach of this obligation and from necessary intervention measures against access by third parties.

(3) In the event of behavior of the end customer that is contrary to the contract – in particular delay in payment – EzeEyes is entitled to withdraw from the contract after a reasonable period of time in advance and to demand the return of the goods subject to retention of title and / or if necessary to demand the transfer of the end customer’s claims to third parties. The withdrawal of the goods subject to retention of title by v means a withdrawal from the contract, as well as their attachment by EzeEyes. After taking back the reserved goods, EzeEyes is authorized to use them; it will offset the proceeds from the sale against the liabilities of the end customer – less the reasonable costs actually incurred.

(4) Processing of the reserved goods is always carried out for EzeEyes as the manufacturer. If the reserved goods are processed with other objects not belonging to EzeEyes, EzeEyes acquires co-ownership of the new item in the ratio of the value of the reserved goods (total gross price) to the other processed objects at the time of processing. If the (co-) ownership of EzeEyes expires through connection or mixing, the contracting parties already agree that the (co-) ownership of the end customer in the unitary item is transferred proportionately to EzeEyes. The end customer stores the (joint) ownership of EzeEyes free of charge.

 

Patent infringement / copyrights

(1) If the goods are manufactured and delivered in a version that is specifically stipulated by the end customer, the end customer guarantees that the execution does not violate third party rights, in particular patents, utility models, trademarks and other property rights and copyrights. In such a case, the end customer is obliged to exempt EzeEyes from all claims by third parties that may result from such an infringement.

(2) EzeEyes reserves ownership and copyright to cost estimates and other documents; they may only be made accessible to third parties with the prior consent of EzeEyes. Drawings and other documents belonging to offers are to be returned to EzeEyes on request by the end customer.

 

Applicable law, place of performance, place of jurisdiction and partial nullity

(1) For all legal relationships between EzeEyes and the end customer, German law applies exclusively, excluding the provisions of the United Nations Convention of 11 April 1980 on the international sale of goods (CISG).

(2) The place of performance for the services of EzeEyes is Salzgitter in Germany.

(3) The contract language is German. End customers outside the German-speaking area will be provided with a translation into English as part of the contract. In the event of deviations between the German and English versions of the contract, the German version always applies.

(4) Should one or more provisions be or become partially or wholly ineffective, this does not affect the validity of the remaining provisions. The same applies in the event of a loophole.

EzeEyes
Owner: Rike Bojanowski
June 2021

Alternative dispute resolution according to (German Law) Art. 14 Para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

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