Terms and Conditions (GTC)
1.1 These terms and conditions apply to all goods and software deliveries of the company everHome GmbH, Bahnhofsallee 36, 48653 Coesfeld, Germany, hereinafter called everHome.
2.1.1 With his order, the customer makes a binding offer to conclude a contract. However, the contract is only concluded by express acceptance of the offer or by sending the goods. The contract text will be saved after conclusion of the contract and can be retrieved by the customer at everHome.
2.1.2 For electronic orders via the Internet, we automatically confirm the receipt of orders. This confirmation of receipt does not constitute an acceptance within the meaning of item 2.1.1.
2.1.3 If available, the ordered goods or services will be delivered or rendered without delay. We reserve the right to refrain from executing an order if the goods or service are no longer available, out of stock or available. In this case, you will be informed about the unavailability. Binding delivery dates must be agreed in writing. If the order is placed online, the estimated delivery date can also be found in the order offer.
2.1.4 All software programs are up-to-date upon delivery. To ensure that software remains up-to-date, the customer automatically participates in the contracted update service according to the product description. Scope and price of the respective supplementary deliveries or updates correspond to the information in the Internet shop. The customer is not obliged to accept the delivery as part of the update service.
3. Payment Terms
3.1 Invoices are payable after the due date - normally within 7 days after delivery - without deduction. For direct debit, the invoice amount is deducted from the customer's account. Invoices and reminders are generated by machine, they can be sent to the customer by letter, fax or e-mail.
3.2 The delivery is made at the applicable gross final price (net price plus VAT). The option of adjusting the respective prices for the products even with existing update services remains expressly reserved. This price adjustment right applies in particular to verifiable increases in material, shipping and labor costs.
3.3 The customer is not entitled to withhold payments, unless he is entitled to a legal right of retention from the same contractual relationship. Offsetting is only permitted if the claim with which it is set off is undisputed or legally binding.
3.4 All deliveries are made at the expense of the customer. The actual shipping costs can be found in the respective order offer.
Consumer Right of Withdrawal
(A consumer is any natural person who enters into a legal transaction for purposes which can not, for the most part, be attributed to either your commercial or your independent professional activity.)
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods. To exercise your right of withdrawal, you must (everHome GmbH, Bahnhofsallee 36, 48653 Coesfeld, phone number: 02541-9099946, e-mail address: firstname.lastname@example.org) by means of a unique Statement (eg a letter sent by post, fax or e-mail) about your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not required. You can electronically complete and submit the model withdrawal form or any other unequivocal statement on our website everhome.de. If you make use of this option, we will immediately send you (eg by e-mail) a confirmation of the receipt of such a revocation. In order to keep the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
If you cancel this Agreement, we will have you all the payments we have received from you, including delivery charges (except for the additional costs arising from your choosing a different type of delivery than that offered by us, the most favorable standard delivery), immediately and no later than fourteen days from the day on which the notice of your cancellation of this contract has been received by us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly agreed otherwise with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to a handling that is not necessary for checking the nature, characteristics and functioning of the goods.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts
- for the supply of goods which are not prefabricated and whose manufacture is the sole choice or determination by the consumer or which are clearly tailored to the personal needs of the consumer,
- to deliver goods that can spoil quickly or whose expiration date has been exceeded quickly,- for the delivery of sealed goods which are not suitable for return for reasons of health or hygiene, if their seal has been removed after delivery
- for the delivery of goods, if, by reason of their nature, they have been inseparably mixed with other goods after delivery,
- for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered 30 days after the conclusion of the contract at the earliest and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence
- to deliver sound or video recordings or computer software in a sealed package when the seal has been removed after delivery
- for the delivery of newspapers, magazines or magazines other than subscription contracts.
End of the cancellation policy
5. Retention of Title
5.1 For all deliveries of goods, unrestricted ownership remains reserved until full payment of all payment obligations by the customer.
5.2 For deliveries/services to resellers this is entitled to resell in the ordinary course of business. He is in principle authorized to collect the claims. As a precaution, the reseller assigns all claims against his customers in the amount of the invoice value of the goods (extended retention of title).
The everHome platform (everHome) is a free of charge subscription service of everHome GmbH. By registering, the customer agrees to these conditions.
Special conditions apply to optional chargeable services.
everHome allows the customer to control actuators and sensors as well as related home automation devices (devices) via the everHome CloudBox within the existing technical and operational possibilities.
In particular, the everHome portal will be made available to customers for the initial connection (pairing) of devices with the everHome CloudBox and the control of connected devices.
To be able to use everHome, the customer must provide the following components:
a) Devices: Only everHome compatible devices can be used with the platform. The devices must be connected to the everHome CloudBox.
b) everHome CloudBox: The everHome CloudBox must support the communication technology of the devices used.
c) Internet connection: The everHome CloudBox must always be connected to the Internet via a router.
d) Internet browser: Customer access to everHome requires a current and up-to-date Internet browser.
6.3 Technical limitations
The range and security of communication between the everHome CloudBox and connected devices depends on the technology used for communication. The range of the radio connection also depends on the individual characteristics of the building.
6.4 Obligations and Obligations of the Customer
6.4.1 The customer has to keep personal access data (like the password) secret. These may not be passed on to third parties and must be protected against access by third parties. The customer must change the access data immediately if there is a presumption that unauthorized persons have become aware of it.
6.4.2 The customer is not permitted to transfer the services provided to third parties for the sole use or for commercial use or to pass them on to third parties or to act as provider themselves using the services provided by everHome.
6.4.3 The services provided must not be misused.
6.5 Rights of Use
6.5.1 The Customer shall be granted the non-exclusive, non-sublicensable, worldwide right to use the Services and Software for its own internal use, limited to the term of the Agreement.
6.5.2 Software provided may only be used in unmodified form. By using the software, the customer agrees to the license terms of everHome or third party software providers. For software errors, data loss or any other damage resulting from the installation or use of the software, everHome is liable only in the context of section 6.6
6.5.3 Provided software may be used by the customer only in the manner prescribed by the contract. In particular, it is inadmissible to copy, edit, transfer, modify, decompile or reverse engineer them.
6.6 Liability and Risk Warning
6.6.1 In the case of intent or gross negligence as well as in the absence of a guaranteed property, everHome shall be liable without limitation for all damages attributable there to.
6.6.2 In the event of slight negligence, everHome shall be liable without limitation in the event of injury to life, limb or health. If everHome has defaulted on performance due to ordinary negligence, if its performance has become impossible, or if everHome has violated a material obligation, liability for consequential and pecuniary damage is limited to foreseeable damage typical of the contract. An essential obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose breach jeopardizes the achievement of the purpose of the contract and on the compliance of which the customer may regularly rely.
6.6.3 Liability for all other damages is excluded. Liability under the provisions of the Product Liability Act remains unaffected.
6.6.4 everHome assumes no liability for damage resulting from malfunctions and technical faults of actuators and sensors.
6.7.1 The usage time is unlimited. The contract may be terminated at any time without notice from both sides.
6.8 Other conditions
6.8.1 everHome reserves the right to adapt the respective scope of performance to the technical development of everHome, which may also lead to the elimination of outdated performance features.
6.8.2 everHome reserves the right to change these terms and conditions at any time without notice. If there are significant changes to these terms and conditions, customers will be notified when registering with everHome or by e-mailing the current e-mail address registered with everHome. Continued use of everHome following the posting of changes represents the acceptance of customers with these changes. If the customer does not agree with the changes, the use of everHome must be discontinued and the account must be deleted by the customer. After deletion, the customer has no way to use everHome.
6.8.3 everHome is entitled to transfer the rights and obligations under these Terms and Conditions without the consent of the Customer, if such transfer does not adversely affect the Customer's rights under the terms and conditions.
6.8.4 everHome is entitled to perform the services by third parties as subcontractors. everHome is liable for the performance of subcontractors as for their own actions.
6.8.5 The place of jurisdiction for all disputes arising from or in connection with this contract is Coesfeld, as far as the customer is a merchant, a legal entity under public law or a special fund under public law. Any exclusive jurisdiction is paramount.
6.8.6 German law applies to the contractual relationships between the parties.
7. data protection
Note: The European Commission provides a platform for online dispute resolution (ODR). The platform can be found at https://webgate.ec.europa.eu/odr/
As of March 2018