General Terms and Conditions of Business

1. scope of application

The following terms and conditions apply to all orders placed via our online shop (https://www.ecdgermany.de) by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity.

The following shall apply to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. contracting party, conclusion of contract, correction options

The purchase contract is concluded with Eris Car Design GmbH.

By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive a confirmation by e-mail. 3.

3. contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English, French, Dutch, Spanish, Italian, Polish.

We store the text of the contract and send you the order data and our General Terms and Conditions in text form. You can view the text of the contract in our customer login.

4. delivery conditions

Shipping costs may be added to the stated product prices. You can find out more about any shipping costs in the offers.

We deliver only in the dispatch way. Unfortunately, it is not possible to collect the goods yourself.

5. payment

The following payment methods are available in our shop:

Prepayment
If you choose payment in advance, we will send you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
You enter your credit card details when placing your order. Your card will be charged immediately after placing the order.

PayPal, PayPal Express
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions in the order process.

PayPal Plus
In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise stipulated below, payment via PayPal Plus does not require registration with PayPal. You will find further information on the respective payment option and in the order process.

PayPal
In order to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be carried out by PayPal immediately after the order has been placed.

Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.

Direct debit via PayPal
Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). The account will be debited before the goods are dispatched.

Purchase on account via PayPal
The purchase on account via PayPal requires an address and credit check and is made directly to PayPal.

Credit card via PayPal
Your card will be charged by PayPal after the goods have been dispatched.

Purchase on account via PayPal
The purchase on account via PayPal requires an address and credit check and is made directly to PayPal.

giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay" or "paydirekt") we offer the payment methods giropay and paydirekt.

giropay
In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.

paydirekt
To pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions in the order process.

6. right of withdrawal

Consumers are entitled to the statutory right of cancellation as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. reservation of proprietary rights

The goods remain our property until full payment has been made.

For entrepreneurs, the following shall apply in addition: We shall retain title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations. We shall release the securities to which we are entitled at your request insofar as the realisable value of the securities exceeds the value of the outstanding claims by more than 10 %.

8. transport damages

The following applies to consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

For entrepreneurs, the following applies: The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.

9. Warranty and guarantees

Validity of the statutory liability for defects

Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
The following restrictions and shortened periods shall not apply to claims based on damage caused by us, our legal representatives or vicarious agents

Restrictions vis-à-vis consumers

The following applies to the purchase of used goods by consumers: if the defect occurs after the expiry of one year from the delivery of the goods, the claims for defects are excluded. Defects occurring within one year of delivery of the goods may be claimed within the statutory limitation period of two years from delivery of the goods.

Restrictions vis-à-vis entrepreneurs

In relation to entrepreneurs, only our own specifications and the manufacturer's product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public statements made by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Regulations vis-à-vis merchants

Among merchants, the obligation to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) shall apply. If you fail to give notice as regulated therein, the goods shall be deemed to have been approved, unless the defect was not recognisable during the inspection. This does not apply if we have fraudulently concealed a defect.

Guarantees and customer service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and objections on working days from to by telephone and by e-mail at .

10. Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation

In the event of a breach of material contractual obligations, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected.
Otherwise, claims for damages are excluded.

11. Code of Conduct

We have submitted to the following codes of conduct:

12. dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein,www.verbraucher-schlichter.de.

13. final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the Sale of Goods.
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Last updated 28.05.2022