You (hereinafter also referred to as "Client" or "Customer") are on the website ("phenolux" or "phenolux3d") of the company
EVERTRADE GmbH
Schönstr. 10 | D-81543 München
Phone: +49 (0)89 - 630 205 200
E-Mail: info@phenolux.com
hereinafter referred to as "provider" or "we
1. Scope of application
These General Terms and Conditions apply exclusively to all representations of the offers and the further use of the website and its products and services (hereinafter referred to as".GTC"). Deviating conditions are not accepted by the provider, unless the provider has expressly agreed to their validity in writing. These terms and conditions apply only to this website and, for example, not to the website from which you may have been linked. Other, possibly different conditions apply to the last named websites, about whose contents you should inform yourself.
2. Laser data / Point clouds
2.1 We are entitled to charge the client/customer in whole or in part for the costs of processing the basic data provided by him (photos, logos, 3D data, etc.) into laser data which are necessary for the execution of his order and which are produced by us or on our behalf by a third party.
2.2 The laser data or drafts that we have designed remain our property in any case, even if the client/customer has contributed to the costs in whole or in part. We undertake to keep the laser data ready for repeat orders until the agreed minimum order quantities have been accepted and to secure the data stock.
2.3 If our laser data are based on protected designs of our customer or his client, we will not use them for orders of other customers after written notification by the customer. If the laser data are based on our own samples and/or designs, we can also freely determine the use of the laser data for other customers.
2.4 In the event that the client/customer has provided the laser data himself, we retain a right of retention of the laser data until complete fulfilment of our claims against the customer.
2.5 We are only obliged to deliver the agreed delivery quantities. There is no obligation to make subsequent deliveries, even if the customer has participated in the laser data or has disadvantages due to non-delivery.
3. Industrial property rights / non-disclosure
3.1 We reserve the ownership and all industrial property rights and copyrights for our laser data, photos, samples, illustrations, 3D data or designs, even if the client/customer has assumed all or part of the costs for the creation of the data/laser data. The client/customer may only use the data/laser data and other data created in the manner agreed with us. He may not reproduce the delivered goods himself or have them reproduced by third parties without our written consent.
3.2 The client/customer is responsible for ensuring that his originals / specifications do not infringe any property rights or copyrights of third parties. In particular, they may not contain any representations of persons who are connected with an infringement of personal rights or violate the rights of use of third parties. If we manufacture and/or provide goods according to images and/or data records prescribed by the customer/client, he shall be liable to us in the event of fault for the fact that industrial property rights and other rights of third parties are not infringed by their manufacture and/or delivery. He must indemnify us against all damages resulting from such infringements of rights.
3.3 The customer must keep secret from third parties all non-public knowledge gained from the business relationship with us.
4. Obligation to perform and deliver
4.1 Unless otherwise agreed, the ordered goods are delivered ex works by the supplier to the delivery address specified by you.
4.2 If we are not able to deliver the ordered goods through no fault of our own because our supplier does not fulfil his contractual obligations, we are entitled to withdraw from the contract with you. In this case you will be informed immediately that the ordered product is not available. Your statutory claims remain unaffected.
4.3 If delivery is not possible because you or the person designated by you as the recipient is not found at the delivery address you have given, although you have been notified of the delivery date within a reasonable period, you shall bear the costs for the unsuccessful delivery.
4.4 Partial deliveries are permissible unless you have a recognisable interest in them or these are recognisably unreasonable for you. If the supplier makes use of this right, packaging and shipping costs will only be charged once.
5. Pricing and shipping costs
5.1 Our prices according to the offer are net prices and do not include the statutory value added tax and apply ex works in Germany. We make use of the services of third parties for delivery.
5.2 Our prices for packaging and shipping are per specified delivery address and apply to shipping services and normal packaging. They are determined separately for each order. Gift or jewellery packaging which is not included in the regular scope of delivery or which represents special requests of the customer will be charged separately.
6. Terms of payment and retention of title
6.1. Invoices are - subject to special written agreements as per offer - due immediately or with 30 days without deduction.
6.2. If you are in default of payment, we are entitled to charge interest in the amount of 5% above the base interest rate p.a. announced by the European Central Bank. If we can prove that we have suffered greater damage caused by default, we shall be entitled to assert this.
6.3. The goods remain the property of the supplier until full payment has been received. The retention of title expires with full payment of the goods.
7. Prohibition of set-off and rights of retention
You are only entitled to a right of set-off if your counterclaims have been legally established or are undisputed by us. Furthermore, you are only entitled to exercise a right of retention if your counterclaim is based on the same contractual relationship.
8. Warranty and liability
8.1 If there is a defect in the prefabricated object of sale, the statutory provisions shall apply. The assignment of these claims is excluded. In the case of custom-made products for the customer after specification, agreement and release of the design, for which an individual selection or determination by the client/customer is decisive for their production or which are clearly tailored to the personal needs of the customer, displeasure after completion and delivery is not considered a defect. Special designs are excluded from exchange, there is no obligation for subsequent performance unless there are clearly recognisable quality defects in the finishing (interior glass engraving) or the material.
8.2 Unless otherwise stated below, further claims of the client/customer - on whatever legal grounds - are excluded. We are therefore not liable for damages that have not occurred on the delivery item itself; in particular, we are not liable for lost profits or other financial losses of the client/customer. As far as the contractual liability is excluded or limited by us, this also applies to the personal liability of our employees, representatives and vicarious agents.
8.3 The above limitations of liability shall not apply if the cause of the damage is based on intent or gross negligence or if there is personal injury. If we negligently breach an essential contractual obligation, so-called cardinal obligation, the obligation to compensate for damage to property is limited to the typically occurring damage, which as a rule does not exceed the purchase price and is limited to the damage to the ordered goods.
8.4 If the subsequent performance has taken place by way of a replacement delivery, the customer is obliged to return the first delivered goods within 30 days to the supplier, to the address indicated above, at the cost of the supplier. The defective goods must be returned in accordance with the statutory provisions. We reserve the right to claim damages under the legally regulated conditions.
8.5 Any mandatory liability under the Product Liability Act remains unaffected.
8.6 The limitation period is two years (24 months), calculated from delivery.
9. Notifications
9.1. If the contracting parties agree by electronic mail (e-mail), they acknowledge the unlimited validity of the declarations of intent transmitted in this way in accordance with the following provisions.
9.2. The usual data may not be suppressed or circumvented in the e-mail; i.e. it must contain the name and the e-mail address of the sender, the time of sending (date and time) and a reproduction of the sender's name at the end of the message. An e-mail received within the scope of this provision shall be deemed to originate from the other partner, unless there is proof to the contrary.
9.3. All messages must be written in German.
10. Industrial property rights
You acknowledge that the contents of this website and any necessary software used in connection with this website is subject to intellectual property rights and contains confidential information that is protected by law, in particular those for the protection of intellectual property. You further acknowledge that content on this website, including products and their design and content, is protected by copyright, trademarks, patents or other proprietary rights or laws. Unless you have given your written consent, you may not modify or modify, modify, make available, rent, lease, loan, sell, distribute and/or advertise works that are accessible on this website or are made accessible and/or acquired or are based on the software, in whole or in part.
11. Use of this website
Use of this website is at your own risk. Any downloading or other receipt of content in connection with this website is at your own risk and you are solely responsible for any damage to your computer system, or other technical equipment used for use, for the loss of data or for any other damage resulting from the downloading of content or other transactions from this website. Despite careful control of the contents, we assume no liability for links from this website to other websites operated by third parties. The operators of the linked pages are solely responsible for their content.
The liability of the provider, if such should be given regardless of the above regulations for whatever legal reason, is limited in any case to damages which were caused by intentional or grossly negligent behavior or are based on the violation of a main obligation essential for the contractual relationship. For damages based on a negligent breach of non-essential contractual obligations or of obligations within the framework of contract negotiations, liability for indirect damages and atypical consequential damages shall be excluded and otherwise limited in amount to the average damages typical for the contract. Any mandatory liability under the Product Liability Act remains unaffected.
12. Other
12.1 Verbal collateral agreements must be documented on a permanent data medium, e.g. e-mail. Changes to the General Terms and Conditions, including this confirmation clause, as well as the agreement of delivery dates or periods, which can be agreed as binding or non-binding, must be confirmed by the supplier in order to be effective.
12.2 Should provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. Rather, each invalid provision shall be replaced by a replacement provision corresponding to or at least approaching the purpose of the agreement as the parties would have agreed to achieve the same economic result if they had been aware of the invalidity of the provision.
The same applies to gaps.
12.3 The contracting parties agree on the application of German law with regard to all legal relationships arising from this contractual relationship, present and future, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. To the extent permitted by law, the parties agree on Munich as the exclusive place of jurisdiction.
Status: 01.01.2018
EVERTRADE GmbH
Schönstr. 10 | 81543 München
Tel: 089-630 205 200
E-Mail: info@evertrade.de