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Terms & Conditions

Online-Shop/Terms and Conditions vis-à-vis Consumer (B2C) – Online Shop

(1) The following general Terms and Conditions (GTC) apply to all contracts concluded between you and us, the company Eagle Vision UG (Monschauerstraße 2, 40549 Düsseldorf, Commercial Register Number, VAT-number) via this online shop.

(2) The exclusive language available for the conclusion of the contract shall be German. Translations of these GTC to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

§ 2 Applicable Law, Mandatory Consumer Protection Regulations

The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if

a) your abode is in Germany, or

(b) your abode is situated in a state not being member of the European Union.

In the event that your abode is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which your abode is situated. Such rules shall remain unaffected.

§ 3 Conclusion of contract

(1) The presentation of the services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).

2) By clicking the „Subscribe-Button” for one of the different Abonnement-possibilities and after filling in your account-dates and bank-transfer possibilities / credit-number or other paying modalities in the last step of the order process, you submit a binding offer for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us if you not revoke the account after the 7 day test period and debit of the Abonnement sum. Please regularly check the spam folder of your mailbox.

(3) In our online shop, you can select services for booking by placing them in the shopping cart via a click on the respective button. To finish the order, go to the shopping cart, from where you will be guided through the remaining part of the order process. Following the product selection in the shopping cart and the specification of all required order and address data in the subsequent step, you can click „Next“ to access a page that summarises the most important product details including the costs that will be incurred. Until this stage, you can correct your input or decide not to enter the contract. Only by subsequently clicking the „Order with obligation to pay“ to button, you place a binding order in the meaning of subsection (2).

§ 4 Information on Adjustments

To place an order, start by placing the desired services in the shopping cart. There you may modify at any time the desired quantity or delete services completely. If you have placed ervices in the shopping cart, by clicking on the buttons „Next“ you will get first to a website where you may enter your data and then you may choose the payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click „Edit“ next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button „Order with obligation to pay“, your declaration becomes binding in the meaning of section 3 (2) of these GTC.

§ 5 Storage of the contract text

You will receive the information on the services booked including these GTC and the information on the right of withdrawal by the confirmation-email. You can find the GTC on our webside under: https://the-eaglevision.comterms-conditions/

§ 6 Collecting, saving and processsing of your personal data

(1) In our online shop you may order services as a guest or after opening a customer account. With a customer account you must not enter your personal data every time you use our online shop but you may log on to your customer account with your e-mail address and your password before or during the order process.

(2) In order to process your order we need the following data:

– your first and family name

– your email address

(3) To open a customer account you have to provide us with the data mentioned in subsection (2) as well as a password chosen by you.

(4) Without your further consent, we will use your personal data only in order to process your orders. If you pay by bank transfer, we also use your banking data in order to carry out your payment. A use of your personal data for advertising, market research or for the purpose of a needs-based design of our offers, requires your explicit consent. You have the possibility to give this consent before placing your order. This declaration of consent is given completely voluntarily and can be accessed and revoked any time by you on our website.

(5) Your data will be stored in your customer account until you delete it by yourself. In addition, or if you order as a guest (without opening a customer account), we save your data according to our obligations under commercial and tax law.

(6) If your personal information shall change, you yourself are responsible for its update. All amendments can be made online under „My account“ after the log in.

Sec. 7 Payment Conditions

The purchase price is due immediately after placing the order. The payment can be made via credit card (we use the transmission method „SSL“ to encrypt your personal data), via bank transfer or via our payment provider. Our bank details are DE83 1101 0101 5518 3318 12

Sec. 8 Right of Withdrawal

As a consumer you have in accordance with the rules described in the attachment below a right of withdrawal. A consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.

Sec. 12 Limitation of Liability

1) We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. We are not liable for slight negligent breach of other obligations than those mentioned in the above sentences.

The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.

(2) If necessary, we are also liable for product defects according to § 327 ff. BGB. If liability is relevant here, we are liable according to the statutory provisions.

(3) Based on the current state of art, data communication via internet cannot be guaranteed to be error-free and/or available at any time. We are not liable for constant and continuous availability of our online trading system.

Sec. 13 Final Provisions

The terms and conditions stipulated herein are complete and final. Amendments and changes of these GTC shall be made in writing in avoidance of any doubt or dispute between the parties regarding the content of the agreement.

(2) If, on conclusion of this contract, you had your place of residence or habitual place of abode in Germany and you relocated it to a location outside Germany at the time of commencement of proceedings by us or if your place of residence or habitual place of abode is unknown at this time, the jurisdiction for all disputes shall be the seat of our company in Düsseldorf.

(3) We would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website http://ec.europa.eu/consumers/odr.

Our e-mail address is: info@the-eaglevision.com We inform you according to § 36 German VSBG that we are not under obligation to take part in an extrajudicial resolution proceeding pursuant to the VSBG.

(4) Should individual provisions of this contract be invalid, this shall not affect the validity of this contract as a whole.

Annex

Consumer information and instruction on withdrawal.

If you order goods in our online shop, we want to draw your attention to the following:

(1) The exclusive language available for the conclusion of the contract shall be German. Translations of information and legal texts to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

(2) You will find the essential characteristics of the goods and services offered by us as well as the validity of limited offers in the individual product specifications within the scope of our internet offering.

(3) The presentation of our goods does not represent a binding offer on our side. Only your order of the goods is regarded as a binding offer pursuant to Sec. 145 BGB. In case of the acceptance of such an order, we will send you an order confirmation via email or we dispatch the good. This way, a purchasing contract between you and us comes into existence.

(4) Any input errors when ordering can be seen in the confirmation before the check-out and with the delete- and change function you can correct your order at any time before sending it.

(5) If the goods ordered by you are not available, we reserve the right not to render the service. We will inform you about that before the conclusion of the contract without delay.

(6) The prices indicated by us are to be understood including taxes. The shipment costs are listed separately in the product description and in the order overview.

(7) The purchase price is due immediately after placing the order. The payment of the goods can be made via credit card(we use the transmission method „SSL“ to encrypt your personal data), via bank transfer or via our payment provider. Our bank details are DE83 1101 0101 5518 3318 12

(8) We would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website http://ec.europa.eu/consumers/odr.

Our e-mail address is: info@the-eaglevision.com We inform you according to § 36 German VSBG that we are not under obligation to take part in an extrajudicial resolution proceeding pursuant to the VSBG.

(9) Any information and data needed for servicing the contract concluded with you, will be stored by us with permanent access for you. We refer to our GTC and the stipulations regarding data protection therein.

(10) In addition we refer to our GTC.

EagleVision UG name of company,

HRB 97059, Amtsgericht Düsseldorf

Monschauerstraße 2, 40549 Düsseldorf

name of the legal representative: Caspar Friedrich Butt

(11) You have a right of withdrawal according to the following information:

INFORMATION ON THE RIGHT OF WITHDRAWAL

RIGHT OF WITHDRAWAL

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract. 

To exercise the right of withdrawal, you must inform us. . . . .[2] of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). To meet the withdrawal deadline, it is sufficient for you to sent your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

EFFECTS OF WITHDRAWAL

If you requested to begin with the performance of services or the supply of water/gas/electricity/district heating [delete where inapplicable] during the withdrawal period, you should pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from the contract, in comparison with the full coverage of the contract.


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