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Terms and Conditions & Cancellation Policy


Terms and Conditions

(Terms and Conditions of the Provider) Terms and Conditions and Customer Information


§ 1 Scope


These terms and conditions of the seller (Michael Hoins) apply to all contractual relationships between the seller and the respective buyer that are concluded via this shop. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.


Seller's details:

Daten des Verkäufers:
Michael Hoins, Beuckestr. 7
14163 Berlin
Deutschland
info@everest1953.de
Tel.: 030 280 45 931
USt ID-Nr.: DE259598815

§ 2 Conclusion of the contract

1. The goods offered in our online shop are subject to change and do not constitute offers in the legal sense.

By clicking on the “Add to cart” button, the customer can place the respective goods in the virtual shopping cart. This process is non-binding and does not constitute a contractual offer. Before placing an order, the contents of the order, including customer data, are summarized on an overview page. The customer can correct all order data there using the fields provided for changes. By clicking on the “Submit order” field, the customer submits a binding offer to us to conclude a purchase contract.

After placing the order, the customer will receive an email from us confirming receipt of the order and detailing its contents. A contract is only concluded when the order confirmation, invoice, or delivery of the goods is sent.

The customer can save or print these General Terms and Conditions at any time by clicking on the “Save” or “Print” field. The customer can save and/or print the content of their order immediately after placing their order.

Furthermore, we will provide customers who are consumers within the meaning of § 13 BGB (German Civil Code) with the contractual provisions, including these General Terms and Conditions, in text form after placing their order, at the latest upon delivery of the goods.

2. The customer assures that all information provided by them when placing an order or registering in the online shop (e.g., name, company, address, email address, bank details, etc.) is true. We must be notified of any changes immediately.

3. The contract language is German or English.
Order processing and contact are carried out by email and automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller can be received at this address. The customer must ensure, especially when using spam filters, that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.


§ 3 Prices and terms of payment

The prices quoted by the seller are final prices and include statutory sales tax (VAT). Payment is always made directly via Etsy.

The customer is only entitled to set-off rights with claims that are undisputed by us or have been legally established against us. The customer is only authorized to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

§ 4 Delivery

Goods are generally delivered by mail and exclusively to the delivery address provided by the customer when placing the order. If delivery is nevertheless not possible and the transport company returns the goods as undeliverable, the customer shall bear the costs of the unsuccessful shipment.
This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the service offered, unless the seller had given the customer reasonable advance notice of the service.

In principle, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the customer or an authorized recipient upon delivery. If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration in the case of mail order purchases is transferred to a suitable transport person upon delivery of the goods at the seller's place of business. The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to itself. This only applies if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care.

The seller shall make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded without delay.


§ 5 Retention of title

The goods sold remain the property of the seller until full payment has been made. The customer may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.


§ 6 Liability for defects / Liability

If the purchased item is defective, the statutory provisions shall apply.

The seller shall be liable without limitation for damage caused intentionally or through gross negligence, in the event of fraudulent concealment of defects, in the event of the assumption of a quality guarantee, for claims based on the Product Liability Act, and for injury to life, limb, or health. The seller shall not be liable for other damages if these were caused by simple negligence on the part of the seller, a legal representative, or vicarious agent. In the event of a breach of obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the buyer may regularly rely (cardinal obligations), the seller shall be liable for damages limited to compensation for the foreseeable damage typical for this type of contract, provided that this was caused by simple negligence.

§ 7 Return costs in the event of withdrawal

If the buyer exercises their statutory right of withdrawal, they shall bear the regular costs of the return shipment if the delivered goods correspond to those ordered.


§ 8 Packaging Ordinance (VerpackV.)

In accordance with the provisions of the Packaging Ordinance, we are obliged to take back packaging for our products that does not bear the symbol of a comprehensive disposal system (such as the “Green Dot” of Duales System Deutschland AG or the “RESY” symbol) and to ensure that it is reused or disposed of. For further clarification regarding the return of such products, please contact us.


Michael Hoins
Beuckestr. 7
14163 Berlin
Deutschland


We will then provide you with the details of a municipal collection point or a waste disposal company in your area that will accept the packaging free of charge. If this is not possible, you have the option of sending the packaging to us. We will reuse the packaging or dispose of it in accordance with the provisions of the Packaging Ordinance.

§ 9 Dispute resolution in consumer matters

The European Union has set up an online platform (“Online Dispute Resolution Platform”) for out-of-court settlements in consumer disputes: https://ec.europa.eu/consumers/odr

Michael Hoins
Beuckestr. 7
14163 Berlin
Deutschland

info@everest1953.de
Tel.: 030/208 45 931


§ 10 Final provisions

German law shall apply exclusively to these General Terms and Conditions and to the respective purchase contract concluded, excluding the UN Convention on Contracts for the International Sale of Goods, provided that the buyer is not a consumer.

If the buyer is a registered trader, a legal entity under public law or a special fund under public law, Berlin shall be agreed as the place of jurisdiction for all disputes arising from or in connection with this contract.

Should one or more clauses of these terms and conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions.