GENERAL TERMS AND CONDITIONS
OVERVIEW
This website is operated by everwave GmbH. Throughout the website, the terms “we”, “us” and “our” refer to everwave GmbH. everwave GmbH offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you are using our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including the additional terms and conditions and policies referenced herein and/or available by hyperlink. These General Terms and Conditions apply to all users of the website, in particular users who are visitors, providers, customers, traders and/or content authors.
Please read these terms and conditions carefully before accessing or using our website. By accessing or using any part of the Website, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this Agreement, you may not access the Website or use any Services. If these General Terms and Conditions are regarded as an offer, acceptance is expressly limited to these General Terms and Conditions.
Any new features or tools added to the current store will also be subject to the Terms and Conditions. You can view the latest version of the General Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these terms and conditions by posting updates and/or changes to our website. It is your responsibility to check this page regularly for any changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – TERMS AND CONDITIONS FOR THE ONLINE STORE
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and have given us your consent to allow your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you use the Service in violation of any laws in your jurisdiction (including, but not limited to, copyright laws).
They must not transmit worms or viruses or other code of a destructive nature.
Violation or breach of any of these terms will result in immediate termination of your services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to any person at any time for any reason.
You acknowledge that your information (other than credit card information) may be transmitted unencrypted; and (a) transmissions over various networks and (b) may include changes to meet and adapt to the technical requirements of connected networks or devices. Credit card information is always encrypted when transmitted via networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service, or any contact on the Site through which the Service is provided, without express written permission from us.
The headings used in this Agreement are for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information provided on this site is not accurate, complete or up to date. The material on this website is for general information purposes only and should not be relied upon or used as the sole basis for making decisions without checking primary, more accurate, more complete or more up-to-date sources of information. Any reliance you place on the material on this website is strictly at your own risk.
This page may contain certain historical information. Historical information is not necessarily up-to-date and is provided for your guidance only. We reserve the right to change content on this website at any time, but are under no obligation to update any information on our website. You agree that you are responsible for monitoring changes to our website.
SECTION 4 – CHANGES TO THE SERVICE AND PRICES
Prices for our products are subject to change without prior notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online via the website. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our Return Policy.
We have made every effort to display the colors and images of our products that appear in the store as accurately as possible. We cannot guarantee that your computer screen will display every color correctly.
We reserve the right, but are not obligated, to limit the sale of our products or services to certain persons, geographic regions or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to withdraw any product from the range at any time. Any offer for a product or service made on this website is void where prohibited.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF INVOICE AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed from or under the same customer account or credit card and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to restrict or prohibit orders that, in our sole judgment, appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
For more details, please read our return policy.
SECTION 7 – ADDITIONAL TOOLS
We may provide you with access to third-party tools that we cannot monitor, control or influence.
You agree that we provide access to these tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We accept no liability whatsoever arising from or in connection with your use of additional third-party tools.
Any use of additional tools offered through the Website is at your own risk and discretion and you should ensure that you are familiar with and agree to the terms on which the tools are made available by the relevant third party provider(s).
We may also offer new services and/or features through the Website in the future (including the release of new tools and resources). Such new functions and/or services are also subject to these General Terms and Conditions.
SECTION 8 – THIRD PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties.
Third-party links on this website may take you to third-party websites that do not work with us. We are not responsible for examining or evaluating the content or its accuracy and we do not warrant and will not have any liability or responsibility for any materials or websites or for any other materials, products or services of third parties.
We are not liable for any damages arising in connection with the purchase or use of goods, services, resources, content or other transactions in connection with third party websites. Please read the third party’s policies and practices carefully and make sure you understand them before you make a transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third-party provider.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain submissions (such as contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, reproduce, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are not and will not be obligated to (1) treat comments as confidential, (2) pay compensation for comments, or (3) respond to comments.
We may, but are not obligated to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party’s intellectual property rights or these Terms and Conditions.
You agree that your comments do not violate any third party rights, including but not limited to copyright, trademark, privacy or personality rights or other personal or proprietary rights. You further agree that your comments will not contain libelous, defamatory or otherwise unlawful, abusive, hateful or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website or application. You may not use a false e-mail address, impersonate another person or mislead us or third parties as to the origin of comments. You are solely responsible for your comments and their accuracy. We are neither responsible nor liable for comments published by you or third parties.
SECTION 10 – PERSONAL DATA
The transmission of personal data via the store is subject to our privacy policy. Please read our privacy policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally our site or service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Service or on any related website is incorrect at any time without prior notice (including after you have placed your order).
We undertake no obligation to update, amend or clarify any information relating to the Service or on any related website, including, but not limited to, pricing information, except as required by law. Any update dates indicated with respect to the Service or on any related website should not be construed to indicate that all information with respect to the Service or on any related website has been changed or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the Site or its Content for any of the following:(a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, state, provincial or federal regulations, rules, laws or local ordinances; (d) to interfere with or infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, libel, slander, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to provide false or misleading information;
(g) to upload or transmit viruses or any other type of harmful code that in any way affects the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track the personal data of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the Prohibited Uses.
SECTION 13 – EXCLUSION OF LIABILITY; LIMITATION OF LIABILITY
We assume no guarantee, responsibility or warranty that the use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may from time to time remove the Service indefinitely or discontinue the Service at any time without notice to you.
You expressly agree that the use of the Service or inability to use the Service is at your sole risk. The Service and all products and services offered to you through the Service are (unless expressly stated by us) provided to you “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, resilience, title or non-infringement.
In no event shall everwave GmbH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenues, lost savings, loss of data, replacement costs or similar damages, whether based on contract, tort (including negligence) or strict liability, or otherwise arising out of or in connection with the use of the Service or products obtained through the Service, or for any other claim based in tort (including negligence) or strict liability, tort (including negligence) or strict liability, or otherwise arising out of the use of the Service or any products obtained through the Service, or for any other claim in any way related to the use of the Service or any product, including but not limited to errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or products) posted, transmitted or otherwise made available via the Service, even if advised of the possibility thereof.
Because some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – COMPENSATION
You agree to indemnify, defend and hold everwave GmbH and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY CLAUSE
If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms and Conditions, such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties that arose prior to the termination date shall survive the termination of this Agreement for all purposes.
These General Terms and Conditions are valid until they are terminated by you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services or by discontinuing your use of our website.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any provision of these Terms and Conditions, we may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the termination date, and/or we will deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or in respect to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.
SECTION 18 – APPLICABLE LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Theaterplatz 1, c/o POHA House Aachen, 52062 Aachen, Germany.
SECTION 19 – AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
You can view the latest version of the General Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website regularly for possible changes. Your continued use of or access to our website or the Service following the posting of changes to these Terms and Conditions constitutes acceptance of those changes.
SECTION 20 – CONTACT DETAILS
Questions about the General Terms and Conditions should be sent to us at info@everwave.de.
