Terms and conditions
A. What you should know before concluding distance selling contracts
Your contractual partner for all sales contracts concluded over this Web site is:
Epson Deutschland GmbH
Commercial Registry No: Neuss District Court, HRB 12633
Managing Directors: Henning Ohlsson, Noriyuki Hama, Hiromi Taba
Telephone: 02159 538-0
Fax: 02159 538 3000
Formation of the Contract
Your order constitutes an offer to us to conclude a sales contract. If you place an order with epson-store.de, we will send you an e-mail confirming we have received your order and listing the items ordered (order acceptance). This order acceptance does not constitute an acceptance of your offer. We shall send you a separate e-mail confirming our acceptance after checking your order details.
For a detailed product description and main product characteristics, please check out our offers at www.epson-kunstbetrieb.de.
Products are delivered based on prices specified in the Epson Kunstbetrieb. Epson accepts payment by credit card or against cash in advance, however, we do not deliver C.O.D. In individual cases, it is also possible to pay on account.
For all deliveries, payment is to be effected into the account of Epson Germany GmbH, account no. 886015700 with Deutsche Bank in Düsseldorf (Sort code 300 700 10), BIC (Swift) DEUTDEDD), IBAN DE 173007001000886015700).
In addition to the warranty under § 5 of the following Terms and Conditions, Epson shall grant a minimum standard product warranty of 12 months from the date of purchase on all main devices. If a main device does not work according to specifications during the warranty period, your device shall be repaired or replaced.
Right of Return
You can return goods received without stating reasons by sending back the goods within a period of two weeks. The stated period begins on receipt of this notice in written form (e.g. e-mail, fax, and letter). However, the stated period does not begin before receipt of the goods by the recipient; it does not begin either before we have fulfilled our duty of information under § 312c Para. 2 BGB in connection with § 1 Para. 1, 2 and 4 BGB InfoV as well as our obligations under § 312e Para. 1 S. 1 BGB in connection with § 3 BGB InfoV. Only when the goods cannot be dispatched as a parcel (e.g. bulky goods) can they be returned by a demand for collection in textual form, e.g. by letter, fax (02159 538 3000) or e-mail firstname.lastname@example.org. The timely dispatch of the goods or the demand for collection suffices to comply with the time period. In all cases, the return is carried out at our expense and risk.
Returns or requests for return should be addressed to:
Consequences of Returning Goods
In the event of an effective return of goods, the mutually provided services or products shall be returned and any benefits enjoyed (e.g. use benefits) surrendered. Where there is a deterioration of the goods, compensation can be claimed. This does not apply if the deterioration of the goods is due exclusively to their inspection, as would have been possible in a retail shop for example. You are already liable to pay compensation for loss of value by using the goods according to the intended purpose. In this respect, you can avoid the obligation to pay compensation by not using the goods as if you owned them, and by refraining from doing anything that damages their value. Any obligation to pay compensation for loss of value must be fulfilled within 30 days. For the customer, the stated period begins with the dispatch of the goods or demand for collection. For us, the stated period begins with the receipt of the goods.
End of Returns Notice
B. Information about electronic contract conclusion
We save the text of the contract after the contract is concluded. The buyer has access to the text of the contract. Before ordering, the buyer can review the details entered and, if necessary, correct them with the usual keys on the PC keyboard. We will inform the buyer immediately by means of a declaration of acceptance in the form of an electronic order confirmation as soon as the buyer has clicked the mouse button to send the offer and we have received it.
Epson-kunstbetrieb.de is a Trustwise Secure Sites and holds the BT Secure Server Certificate, which proves the holder’s identity and enables secure communication between the website and its visitors.
C. General Conditions of Sale
§ 1 General Information – Scope of the Contract
§ 2 Deliveries and Services
- Differing, opposing or supplementary general Terms and Conditions do not form an integral part of the contract, even if acknowledged, unless their standing is formally approved in writing. In particular, any prohibition of assignment or limitation of assignment in a Contractor’s Terms and Conditions is hereby expressly contradicted.
- For the purpose of the Terms and Conditions, a Consumer is any individual person who concludes a transaction with us, the purpose of which cannot be assigned to either his/her commercial or independent professional activities (§ 13 of the German Civil Code (BGB)).
For the purpose of the Terms and Conditions, a Contractor is an individual or corporate body or partnership with legal capacity, who on concluding a transaction, deals with us in exercising its commercial or independent professional activities ( § 14 BGB).
For the purpose of the Terms and Conditions, Customers are both Consumers and Contractors.
§ 3 Retention of Title
- If the Customer is a Contractor, the risk of accidental loss and accidental deterioration of the goods passes to the buyer when the goods are transferred to the carrier or to the person or establishment appointed to carry out dispatch, or, in the case of a mail order purchase, when the item is dispatched to the forwarding agent.
- If the Customer is a Consumer, the risk of accidental loss and accidental deterioration of the item sold only passes to the buyer when the item is handed over.
- The same consequences arise if the Customer is in default in accepting delivery.
§ 4 Payment Terms
- For contracts with Consumers, we retain the Title to the goods until the goods have been paid for in full.
- For contracts with Contractors, we retain the Title to the goods until all accounts from the current business connection are settled in full with the respective Contractor under following numbers 3 – 7.
- The Contractor is entitled to sell and process the goods during the ordinary course of business. By way of security, the Contractor already agrees to assign all receivables concerning the goods according to the invoice amount, as would accrue to him through sale or any other legal reason (insurance, unlawful act) against third parties. Following the assignment, the Contractor shall be entitled to collect receivables on his own account and in his own name until revocation. This collecting authorisation may only be cancelled if the Contractor does not duly fulfil his payment obligations towards us. This shall not affect our right to collect the receivables ourselves. However, we commit ourselves not to collect the receivables as long as the Contractor fulfils his payment obligations, does not default, and especially if he does not apply for the opening of insolvency proceedings or suspend payment altogether. In such cases, we may request the Contractor to notify us of the assigned debts and their creditors. In addition, we are then entitled to disclose the debt assignment to the customer of the Contractor.
- Any processing of the goods by the Contractor shall always occur in our name and on our account. If there is a connection with objects that do not belong to us, we shall acquire co-ownership of the new object in proportion to the value of the goods delivered by us to the other objects to be processed. In addition, the same applies to the product created through processing or mixture as to the purchased goods supplied under reservation of title.
- We hereby agree to release the securities we are entitled to at the Contractor’s request insofar as the realisable value of our securities exceeds the debts to be secured by more than 20%. The choice of the securities to be released shall be at our discretion.
- In case of third-party access to the goods, especially through seizures, the Contractor shall notify us immediately of any third-party ownership in writing.
Please make all payments, specifying your order number, into the following account:
Epson Germany GmbH
Deutsche Bank Düsseldorf
Account no. 886015700
Sort code 300 700 10
§ 5 Warranty
- Any bank transfer charges shall be at the customer’s expense. There shall be no additional foreign transfer fees if you use the IBAN number.
- Subsequent invoice correction is excluded in case of missing, incorrect, or incomplete specification of the Contractor’s VAT Reg. No. Furthermore, Epson reserves the right to subsequently charge any statutory VAT applicable in Germany.
- In case of payment on account, the purchase price shall become due within 14 days of invoice date. The customer shall also fall into arrears without further notice from us if he does not pay by the due date specified on the invoice. In case of defects, the Contractor shall not be entitled to a right of retention insofar as it does not stand in reasonable relation to the defects and probable costs of supplementary performance (especially remedy of defects).
- Any payment set-off on several outstanding debts shall be effected according to § 366 Para. 2 BGB (German Civil Code).
- In case of default, we are entitled to demand interest for late payment to an amount of 5% above base rate (§ 247 BGB).
- In case of default, we are entitled to withdraw from the contract and to demand the return of the goods.
- The customer shall only be entitled to set-off and retention if counterclaims are undisputed and have legal force.
§ 6 Liability Disclaimer
- Contractors must notify us of obvious defects in writing within a period of two weeks of noticing the defect; otherwise claims under the warranty are precluded. Timely dispatch is sufficient for adherence to the stated notification period. The full burden of proof lies with the Contractor for all conditions of entitlement, particularly for the defect itself, the date on which the defect is identified and the timeliness of the claim. If the Customer is a Contractor, where goods are damaged, it is our choice first of all whether we meet the warranty by remedying the defect or delivering a replacement. Should a Contractor choose to withdraw from the contract because of a legal or material defect after a failed supplementary performance, he/she is not entitled to a claim for compensation because of the defect as well.
- Consumers are subject to warranty law.
§ 7 Governing Law
- We adhere to the legal requirements in the case of intent or gross negligence on our part or on the part of our representatives or vicarious agents. In other respects, we only adhere to the Product Liability Act in the case of death or injury to body or health or in the case of the culpable breach of fundamental contractual obligations. Claims for compensation for breach of fundamental contractual obligations are limited, however, to foreseeable injuries typical to the contract. A contractual obligation shall only be deemed fundamental if its fulfilment ensures due implementation of the contract and if contractual partners can be regularly trusted to comply with it.
- The regulation of the aforesaid clause 1 applies to compensation along with payment and compensation instead of payment, for any cause in law whatsoever, in particular to obtain damages for defects, breach of duties under contractual obligations or tortious acts. It also applies to the reimbursement of futile expenditure.
- German law governs these Terms and Conditions to the exclusion of the UN Sales Convention.
- Insofar as the customer is a merchant under the German Commercial Code (HGB), the place of jurisdiction shall be Düsseldorf.
Managing Directors of Epson Deutschland GmbH