Terms and Conditions

Terms and Conditions

B2C and terms and conditions for the online shop of the company epex

1. General
1.1. The following terms and conditions (GTC) apply to all contracts concluded via the online shop of the company epex, Gutenbergstraße 12, 73760 Ostfildern, Germany , (SELLER) under the domain www.epex.de with the customer (CUSTOMER).
1.2. These terms and conditions contain provisions exclusively for CUSTOMERS who are consumers within the meaning of § 13 of the German Civil Code (BGB).
1.3. The SELLER does not recognize any differing general terms and conditions of the CUSTOMER unless the SELLER has expressly agreed to them in writing.

2. Conclusion of the contract
2.1. The CUSTOMER can add the desired items to the shopping cart by clicking the "Tiles and Natural Stone" buttons and then initiate the order process by clicking on the shopping cart. During the order process, the CUSTOMER must enter the necessary contact information for shipping and payment and complete the order by clicking the "Buy" button.
2.2. Input errors, in particular items mistakenly placed in the shopping cart, can be corrected by the customer by entering the desired quantity in the shopping cart and using the available buttons. During the ordering process, the customer can correct input errors in the various steps by navigating to the respective step using the "next" and "back" buttons.
2.3. The presentation of products in the seller's (epex) online shop merely constitutes a non-binding invitation to the customer to place an order. By placing an order, the customer submits a binding offer to conclude a contract for the items contained in the shopping cart. The seller will automatically confirm receipt of the order by email. This automated order confirmation from the shop system does not yet constitute a contract. The seller will accept the customer's offer by sending a separate declaration of acceptance by email or by dispatching the goods within a period of 5 days or 2-3 business days after the order. The purchase contract is only concluded upon this separate declaration of acceptance or upon receipt of the goods within the aforementioned period. Issuance of an invoice is equivalent to a declaration of acceptance.

2.4. The purchase agreement is concluded with the company epex, Gutenbergstraße 12, 73760 Ostfildern, Germany. The contract language is German.

3. Contract text storage
The seller stores the contract text. The order details are sent to the customer separately in text form (email). The terms and conditions can also be viewed and printed from the online shop.

4. Right of withdrawal
Customers who are consumers have a right of withdrawal under the distance selling regulations, according to which the contractual declaration can be revoked in accordance with the following instructions:
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days (14 days) without giving any reason.
The cancellation period is fourteen days (14 days) from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us, epex, Gutenbergstraße 12, 73760 Ostfildern, by email to mail@epex-info.de or by a clear statement (e.g., a letter sent by post) of your decision to withdraw from this contract. You may use the model withdrawal form, but this is not obligatory.
To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period expires.

Consequences of the revocation
If you withdraw from this contract, we will reimburse all payments received from you, including delivery costs (excluding any additional costs incurred if you chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received your notification of withdrawal. For this reimbursement, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise. Under no circumstances will you be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back and they are undamaged, or until you have provided proof that you have returned the goods.

You must return or hand over the goods to us without undue delay, but no later than fourteen days from the day on which you informed us of your withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired. We do not bear the costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

A notice:
The goods should be returned in their original packaging, including all accessories and packaging materials. Damage to or soiling of the returned item should be avoided. Please note that your right of withdrawal and its consequences remain unaffected by this request; it is simply intended to facilitate the return process.
5. Sample of the - Cancellation Form
(If you wish to cancel the contract, please fill out this form and return it to us by letter or email.)

Sample text (email/letter):
To [Company Name] - [Address/Email]

I/We hereby revoke the contract I/we concluded for the purchase of the following goods/the provision of the following service:
[Item name/Order number]
Ordered on: [Date] / Received on: [Date]
Consumer name: [Your name]
Consumer's address: [Your address]
Date: [Current Date]
Signature (only for paper forms)

To:
company epex
Gutenbergstrasse 12
D-73760 Ostfildern
Email: mail@epex-info.de

6. Prices and shipping costs
6.1. The prices valid on the day of the order, as displayed in the online shop, shall apply.
6.2. The prices displayed in the online shop are in euros and include statutory VAT.
6.3. Shipping costs are calculated automatically. 

6.4. In individual cases, additional taxes (e.g. in the case of an intra-Community acquisition) and/or duties (e.g. customs duties) may be payable by the customer for cross-border deliveries.

7. Payment terms
7.1. The SELLER only accepts the payment methods offered during the ordering process in the online shop. 

7.2. If delivery is made cash on delivery, the CUSTOMER must pay the purchase price plus any applicable delivery and shipping costs (e.g., a cash-on-delivery fee) in cash to the shipping company upon delivery (in our case, DHL). The cash-on-delivery fee will be shown in the shipping cost breakdown.
7.3. If payment is made via PayPal, the customer must have a PayPal account and authenticate themselves with their login details. The customer must then complete the PayPal payment process and confirm the payment to the seller.
7.4. The seller reserves the right to offer payment by invoice only to regular customers, public authorities, large companies, government institutions, and selected customers. If payment is made by invoice, the purchase price (without deduction) is due immediately, but no later than 14 days from the invoice date. The statutory regulations regarding the consequences of late payment apply.
7.5. If delivery is made against prepayment, the customer must transfer the purchase price stated in the order confirmation / invoice to the seller's specified bank account within 3 working days.


8. Delivery and shipping conditions
8.1. Unless otherwise agreed with the customer, the goods will be delivered by mail to the delivery address provided by the customer in the order.
8.2. The delivery time is specified in the product description for each item in the online shop.
8.3. Orders and deliveries from the online shop are only offered in Germany.
8.4. In the event of delivery delays, the seller will inform the customer immediately.

9. Retention of title
9.1. The SELLER retains ownership of the sold goods until full payment of the purchase price.
9.2. Goods subject to retention of title may not be pledged or assigned as security by the customer to third parties before full payment of the secured claims. The customer must notify the seller immediately in writing if and to the extent that third parties attempt to seize the goods.
9.3. In the event of a breach of contract by the customer, in particular in the event of non-payment of the purchase price when due, the seller is entitled, in accordance with statutory provisions, to withdraw from the contract and to demand the return of the goods based on the retention of title and the withdrawal. If the customer fails to pay the purchase price when due, the seller may only assert these rights if the seller has previously set the customer a reasonable deadline for payment without success, or if setting such a deadline is unnecessary under statutory provisions.
10. Warranty/Liability for Defects. 

No liability can be accepted for damage caused by user error. This product is intended for professional use.

11. Liability
11.1. Outside of warranty law, the customer's claims for damages or reimbursement of futile expenses against the seller are governed by these provisions, irrespective of the legal nature of the claim.

11.2. The seller's liability is excluded – regardless of the legal basis – unless the cause of the damage is due to intent and/or gross negligence on the part of the seller, its employees, its representatives, or its agents. To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of the seller's employees, representatives, or agents.

11.3. The seller shall be liable in accordance with statutory provisions for damages resulting from injury to life, body or health caused by an intentional, grossly negligent or negligent breach of duty by the seller or a legal representative or agent of the seller.
11.4. If the seller, at least negligently, breaches a material contractual obligation, i.e., an obligation whose fulfillment is of particular importance for achieving the purpose of the contract (material contractual obligation or cardinal obligation), liability is limited to the typically foreseeable damage, i.e., damage that must typically be expected to arise within the scope of the contract. A material contractual obligation or cardinal obligation in the aforementioned sense is one whose fulfillment is essential for the proper performance of this contract and on whose compliance the customer regularly relies and may rely.

11.5. The seller's liability under the Product Liability Act (§ 14 ProdHG) remains unaffected. The same applies in the case of fraudulent concealment of defects and/or the seller's assumption of a guarantee for the quality of the goods.

12. Other – Observing hazard warnings
12.1. To protect people and the environment from the harmful effects of hazardous substances and mixtures, the seller's products are labelled with a hazard warning. The customer must observe the seller's instructions regarding compatibility (see label).
12.2. The seller's products are intended for the specific use indicated in the shop. Any other use is not permitted. The seller assumes no liability if the products are used for purposes other than those intended.

13. Information according to the Battery Act
In connection with the distribution of batteries and accumulators, the SELLER, as a distributor, is obliged under the Battery Act to inform the customer of the following:
13.1. As a distributor within the meaning of the German Battery Act (BatterieG), the seller has joined the joint take-back system in accordance with Section 9 Paragraph 2 of the Battery Act. Therefore, customers can return used batteries and accumulators free of charge to our shipping center, epex, Gutenbergstraße 12, 73760 Ostfildern, Germany, or send them back to the aforementioned address by mail with sufficient postage. Alternatively, collection boxes for the joint take-back system can be found in retail stores. Municipal collection points also offer free take-back.

13.2. Batteries and accumulators must not be disposed of with household waste. According to the Battery Act, as an end user, the customer is legally obligated to dispose of used batteries and accumulators properly. Batteries and accumulators containing hazardous substances are marked with the symbol of a crossed-out trash can and the chemical symbol of the respective hazardous substance (e.g., Cd for cadmium, Pb for lead, Hg for mercury).

14. Data protection
The data protection regulations of the privacy policy on www.epex.de apply exclusively.

15. Final Provisions
15.1. The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
15.2. For consumers who do not conclude the contract for professional or commercial purposes, the above choice of law shall only apply to the extent that the protection afforded by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
The place of jurisdiction is Stuttgart.