T&C

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Basic Provisions

(1)The following terms and conditions apply to contracts that you conclude with us as the provider(Eris Car-Design GmbH)via the website www.ecdgermany.de. Unless otherwise agreed, we oppose the inclusion of any terms you may use.

(2)A consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

§ 2 Accessibility

(1) According to § 14 para. 1 no. 2 in conjunction with Annex 3 no. 1 BFSG, we inform you about how our online presence or our service in electronic business transactions meets the accessibility requirements of the relevant regulation (BFSGV). This information can be accessed via a separate, appropriately labeled button (e.g., "Accessibility Statement" or similar designation) on our online presence and includes in particular the following points:
  • a description of the applicable accessibility requirements;
  • a general description of the service in an accessible format;
  • descriptions and explanations necessary for understanding the execution of the service;
  • a description of how the service meets the relevant accessibility requirements.
(2)The contact details of the responsible market surveillance authority are as follows:
 
Market Surveillance Authority of the States for the Accessibility of Products and Services - Public Law Institution (MLBF AöR)
Carl-Miller-Str. 6
39112 Magdeburg
Phone: +49 391 567 6970
E-mail: kontakt@mlbf-barrierefrei.de
 
(3) We may use artificial intelligence (AI) and special tools to implement the accessibility requirements on our website. This is intended to take into account a variety of possible disabilities, including visual, auditory, physical, linguistic, cognitive, and neurological impairments. Further details can be found under the separate, appropriately labeled button mentioned in paragraph 1 on our website.

(4)Our website or our service in electronic commerce is accessible if it is findable, accessible, and usable for people with disabilities in the generally usual way, without special difficulty and basically without external assistance.

(5) The measures to implement the accessibility requirements include, for example, clearly recognizable font sizes and sufficient color contrasts, navigability by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (as far as videos are embedded on the website), easily readable and understandable language, compatibility with all common screen readers, customizable display options for different devices (smartphones, tablets, desktop computers, etc.).

§ 3 Conclusion of the contract

(1)The subject of the contract is the sale of goods .

(2)By listing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase  are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Proceed to Order"
  (or similar designation) and after entering the personal data as well as the payment and shipping conditions, the order data will be displayed to you as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, please make the appropriate selection or enter your data there. Finally, the order details will be displayed to you on the provider's website of the instant payment system or after you have been redirected back to our online shop.


Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the information in the order summary.
By submitting the order via the corresponding button ("order with payment obligation", "buy" / "buy now", "order for a fee", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
 
(4)Your inquiries for the creation of an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., via email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5)The processing of the order and the transmission of all information required in connection with the conclusion of the contract is done partially automatically via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and that it is not blocked by SPAM filters.

§ 4 Right of retention, Retention of title

(1)You can only exercise a right of retention to the extent that it concerns claims arising from the same contractual relationship.

(2)The goods remain our property until the purchase price has been paid in full.

§ 5 Warranty

(1) The statutory rights of liability for defects exist.

(2) As far as you are informed about this before submitting the declaration of contract by us and this has been expressly and separately agreed, the limitation period for claims for defects in used goods is one year from the delivery of the goods. The above restriction does not apply:

- for damages caused by us that are culpably attributable to the violation of life, body, or health and for other damages caused intentionally or through gross negligence;
- to the extent that we have fraudulently concealed the defect or have assumed a guarantee for the quality of the goods.
 
(3)As a consumer, you are requested to check the goods upon delivery for completeness, obvious defects, and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this will not affect your statutory warranty claims.

(4) If a characteristic of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed about it before submitting the declaration of contract by us and the deviation was expressly and separately agreed between the contracting parties.

§ 6 Choice of law, place of performance, jurisdiction

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

(2)The place of performance for all services arising from the business relationships with us, as well as the jurisdiction, is our registered office, unless you are a consumer, but rather a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general jurisdiction in Germany or the EU, or if your residence or habitual residence is not known at the time of filing the lawsuit. The right to call upon the court at another statutory jurisdiction remains unaffected.

(3)The provisions of the UN Sales Convention explicitly do not apply.





II. Customer Information

1. Identity of the seller

Eris Car-Design GmbH
Höhenweg 47
51674 Wiehl
Germany
Phone: +4922479168371
E-Mail: shop@ecdgermany.de



We are not willing and not obliged to participate in dispute resolution procedures before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).

3. Language of the contract, storage of the contract text

3.1. The language of the contract is German..

3.2. The complete text of the contract is not stored by us. Before submitting the order via the online shopping cart system,the contract data can be printed or saved electronically using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by e-mail. können die Vertragsdaten über die Druckfunktion des Browsers ausgedruckt oder elektronisch gesichert werden. Nach Zugang der Bestellung bei uns werden die Bestelldaten, die gesetzlich vorgeschriebenen Informationen bei Fernabsatzverträgen und die Allgemeinen Geschäftsbedingungen nochmals per E-Mail an Sie übersandt.

3.3. For inquiries outside the online shopping cart system, you will receive all contractual data in the form of a binding offer in text form, e.g., by email, which you can print out or save electronically.

4. Codes of Conduct

4.1. We have submitted to the quality criteria of Trusted Shops GmbH, which can be viewed at:https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

5. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment modalities

6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.

6.2.No shipping costs will be incurred.

6.3.Costs incurred for money transfers(transfer or exchange rate fees of the credit institutions)are to be borne by you in cases where the delivery takes place in an EU member state, but the payment was made outside the European Union.

6.4. The payment methods available to youare indicated under a correspondingly labeled button on our website or in the respective offer.

6.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7. Delivery conditions

7.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.

7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item passes to you only upon delivery of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated for the execution of the shipment.

8. Statutory Liability for Defects

The liability for defects is based on the regulation "Warranty" in our General Terms and Conditions (Part I).

These GTC and customer information were created by the lawyers of the Händlerbund specialized in IT law and are continuously checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at:https://www.haendlerbund.de/de/services/legal certainty/gtc-service.