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Online shop EVEON Containers B.V.March 2022
General Terms & Conditions of Business
EVEON GROUP OF COMPANIES ONLINE SHOP GENERAL TERMS & CONDITIONS OF BUSINESS (www.eveoncontainers.com) dated March 2022
Article 1 – When do these General Terms & Conditions apply?
1.1. These General Terms & Conditions (“Conditions”) apply to all offers, agreements orders, legal acts and actual acts performed by any legal entity in the EVEON group of companies (“EVEON”) relating to the purchase of (a) container(s) by a buyer (“Buyer”), insofar as these are not subject to imperative law. These Conditions apply to the legal relationship between EVEON and the Buyer, including after the agreement has ended.
1.2. Insofar as any provision of these Conditions is void or otherwise unenforceable, this does not affect the validity of the other provisions of these Conditions. Furthermore, a stipulation (legally permissible) that is the closest to the purport of the void or voided stipulation is considered to apply.
1.3. The “Buyer” is any (legal) person entering into a contract with EVEON. The term “container(s)” covers all types of containers available from EVEON.
1.4. The general terms & conditions applied by the Buyer are rejected and of no validity.
1.5. The English version of these General Terms & Conditions applies at all times. ** Article 2 – Types of containers.**
2.1. EVEON sells used containers:
· Since the container(s) is/are used, the Buyer is not the first owner and user of the object of sale. Used containers have been used multiple times for freight transport by sea over a longer period of time and may therefore show signs of rust and other signs of use or damage, as well as signs of repair and maintenance. The Buyer accepts the container(s) in this condition. It goes without saying that EVEON always ensures that used containers are repaired if necessary in accordance with the applicable standard and that the containers are suitable for freight.
2.2. The models shown or listed are for illustration purposes only. Deviations in, for example, the color, as well as dimensions and weight, are possible. These deviations are therefore not a ground for a breach of contract on the basis of non-conformity of the container(s). EVEON only provides the guarantees specified in Articles 6 and 7 of these General Terms & Conditions.
Article 3 – How does the order process work?
3.1 The order process works as follows:
· The order process works as follows:
· The Buyer selects a container or containers.
· The Buyer decides which delivery method is preferred: pick-up or delivery.
· The price corresponding to this selection is displayed.
· The Buyer agrees to these General Terms & Conditions.
· The Buyer selects one of the available payment methods and makes the payment.
· After the payment has been made, the Buyer receives order confirmation by e-mail and an invoice with detailed sales tax information within 24 hours.
3.2. The Buyer is responsible for providing the correct information during the ordering process. The Buyer will be charged for costs incurred as a result of incorrect information (such as a different delivery address than the one provided during the payment process) or that are related to this. EVEON cannot be held liable for any damages caused by incorrect information provided by the Buyer.
3.3. After the Buyer has completed the order in our online shop by paying the purchase price of the container(s) and any additional costs, the delivery process proceeds automatically. This means that it is not possible to cancel the order. If the Buyer wishes to cancel the order, the Buyer must contact EVEON’s customer service to discuss the options.
Article 4 – Payment conditions
4.1. The prices displayed on the website are in U.S. dollars and do not include sales tax (if applicable). The applicable sales tax amounts will be shown during checkout before payment can be made.
4.2. If the Buyer selects the “delivery” option for the delivery method, the associated delivery costs, excluding sales tax (if applicable), will be provided. The delivery costs will be at the Buyer’s expense.
4.3. Delivery will only take place after EVEON has received payment. Payment must be made immediately on ordering. If it turns out after delivery that payment has not been received by EVEON (e.g. due to a cancelled payment/charge back), Article 11 applies.
Article 5 – How is delivery carried out and when is the container(s) risk passed on to the Buyer?
5.1. There are always two delivery methods to choose from:
a) Collection of the container(s) by the Buyer 'ex works' at the container depot. The collection takes place at a time to be agreed between EVEON and the Buyer after payment. This time is at the earliest one day after payment in accordance with Article 3. The Buyer has a maximum of 1 month to collect the containers, after which EVEON is entitled to process the order at its own discretion.
b) Delivery to the Buyer’s company by a third party commissioned by EVEON to transport the container(s). The Buyer can request a preferred delivery date in the online shop. Eveon and the third party commissioned by Eveon will try to meet this preferred delivery date.
5.2 The risk for the container(s) is passed on to the Buyer:
a) For delivery ex-works at EVEON: when loading the container(s) on to the Buyer’s means of transport at the container depot.
b) For delivery to the Buyer’s premises: as soon as the transport company unloads the container(s) at the location selected by the Buyer.
5.3. EVEON will make every attempt to meet the delivery deadline. This is a best-effort obligation. If the delivery deadline is not met, EVEON will not be considered in default and the Buyer will not be entitled to any damages or compensation. EVEON is not bound by any delivery deadlines that cannot be met due to circumstances beyond EVEON’s control, or which were caused by the third parties engaged by EVEON for the transport or by third parties in EVEON’s supply chain. EVEON accepts no liability whatsoever for loss or damage due to late delivery or non-delivery of the equipment. If delivery cannot be made within the delivery window preferred by the Buyer, EVEON will inform the Buyer of this delay.
5.4. If EVEON’s performance of any delivery is prevented or hindered in whole or in part by any cause whatsoever, EVEON has the right to cancel, without any liability on its part, all or portions of the agreement affected. The Buyer waives all rights to claims in any form based on EVEON’s late delivery, non-delivery or cancellation.
5.5. The Buyer is obliged to ensure that the delivery requirements (“Delivery Requirements”) of EVEON are met and to do everything necessary to ensure that someone is available to receive the delivery when the container(s) is/are delivered. The Delivery Requirements form an integral part of these Conditions. The Delivery Requirements can be found on the EVEON website through this link (https://www.eveoncontainers.com/en-us/delivery-requirements). A copy of the Delivery Requirements will be sent to the Buyer by EVEON on request.
5.6. If the Buyer does not accept the container(s) to be delivered, does not meet the Delivery Requirements provided by EVEON, or does not accept the container(s) on time and/or does not accept the container(s) properly, the Buyer will be considered in default without further notice and EVEON will be entitled to the full invoice amount for the container(s). EVEON will also be entitled, regardless of its other legal rights, to leave the container(s) to be delivered (unattended) at the premises of the Buyer, to take back the container(s) and/or to store the container(s) at the Buyer’s risk; all costs associated with this will be at the Buyer’s expense.
5.7. If the situation described in Article 5.5 and/or Article 5.6 occurs and, despite a reasonable deadline set by EVEON, the Buyer fails to accept the container(s) or fails to accept them on time and/or properly, EVEON will no longer be bound by its obligations towards the Buyer.
Article 6 – Quality guarantee
6.1. EVEON guarantees that their containers are wind and watertight on delivery. The guarantee includes significant defects, structural deformities, holes or damaged seals (excluding the defects mentioned in Article 6.2) if they directly compromise the wind and watertight integrity of the container. The Buyer can only invoke this guarantee with compliance of the conditions set out in this article.
6.2. If the Buyer invokes the guarantee stated in Article 6.1, EVEON will either offer the Buyer a refund of the cost of repair of the container(s) or EVEON will offer to arrange for a complete replacement of the container(s). Before the Buyer is entitled to any compensation, EVEON and the Buyer will discuss whether a refund of the cost of repair of the container(s) or a replacement is in order.
6.3. Cosmetic attributes, such as dings/dents, scratches and rust, are normal imperfections of a used container after being used for many years as a shipping container. These minor imperfections, which do not impair the wind and watertightness of the container, do not fall under the guarantee stated in Article 6.1.
6.4. On delivery of the container(s), the Buyer is obliged to inspect the container(s) and carry out a conformity test or have this carried out. The best way to inspect the container(s) is provided in the Delivery Requirements. The Buyer must notify EVEON of anything that directly compromises the wind and watertight integrity of the container(s) by e-mail within five business days after delivery. In the absence of such notification, the container(s) will be deemed accepted without any defects after five business days. Once the container(s) is/are deemed accepted, the Buyer can no longer invoke the guarantee stated in Article 6.1.
6.5. If a return is made under the guarantee of Article 6.1, EVEON will arrange the transport of the container(s) from the Buyer’s premises to the container depot if necessary. The transport costs of a return under the guarantee of Article 6.1 following notification within five business days will be at EVEON’s expense.
Article 7 – 30-day Money-Back Guarantee
7.1. If for any reason whatsoever the Buyer is not satisfied with the container(s), EVEON offers a money-back guarantee. The Buyer is entitled, without stating a reason, to cancel the agreement for the sale of the container(s) within a period of 30 days from the day of delivery of the container to the Buyer’s premises or from the day that the Buyer picks up the container at EVEON’s premises.
7.2. If the Buyer decides to cancel the sale of the container(s) within 30 days after delivery/pick-up pursuant to Article 7.1, EVEON will arrange transport of the container(s) back to EVEON’s premises. The transport costs of a return under the guarantee of Article 7.1 within 30 business days will be at the Buyer’s expense.
7.3. Within 30 days after EVEON has confirmed that it has received the container(s) in the same condition in the EVEON warehouse in which the Buyer has bought the container(s) from EVEON, EVEON will refund the purchase price of the container(s), excluding transport costs, by deposit into the bank account from which payment was made.
7.4. The risk of any damage to or depreciation of the container(s) returned under the guarantee stated in Article 7.1 will lie with the Buyer until EVEON has accepted the returned container(s) in writing. EVEON may deduct the depreciation of the value of or the repair costs of (a) container(s) returned under the guarantee under Article 7.1 from the refund of the purchase price of the container(s). EVEON may attach conditions to the acceptance of any returns.
Article 8 – Returns
8.1. Under both the guarantee of Article 6.1 and the guarantee of Article 7.1, the return of (a) purchased container(s) is only possible following prior consultation with EVEON and with EVEON’s prior written consent. If a return is made without the prior written consent of EVEON, both the shipping and storage of the container(s) on arrival at EVEON will be at the Buyer’s own risk and expense.
8.2. If the container(s) is returned to EVEON, the Buyer must return the container(s) in the same condition in which it/they was/were delivered to and accepted by the Buyer.
8.3. It is not possible for the Buyer to return (a) container(s) to EVEON unless such return takes place pursuant to the guarantees in Articles 6 and 7 of these Conditions.
Article 9 – Liability of Eveon
9.1. EVEON explicitly disclaims liability for any specific quality, function, purpose, application or (special) use of the container(s).
9.2. The guarantees do not apply to, and EVEON accepts no liability, for:
a) defects or errors that are considered permissible in trade or technically unavoidable deviations in terms of quality, color, dimensions and/or weight;
b) separate parts or installations belonging to the container(s).
9.3. Liability of any kind to be borne by EVEON towards the Buyer is always limited to liability for direct damage to the container(s) itself, which, at EVEON’s discretion, is based on the replacement or repair of possibly defective containers or the reimbursement of the purchase price paid or a reasonable part thereof.
9.4. The upper limit of EVEON’s liability is limited at all times to a maximum of the insurance amount to be made by EVEON’s insurer and, if the damage is not covered by insurance, to the amount of the agreed purchase price or maximum amount of USD 100,000.00.
9.5. EVEON may not be held liable towards the Buyer for any damage, injury or any form of negligence caused by any third-party employed or engaged by either EVEON or the Buyer. This includes but is not limited to any damage, injury or any form of negligence caused by third parties engaged by EVEON for the transport of the container(s).
9.6. If EVEON is obliged to pay damages in whole or in part as a result of any contractual provision relating to the transport of goods by land or sea, the amount of the claim for damages will be based on the estimated economic value of the container(s) at the location and time of delivery.
9.7. The Buyer does not have the right to set off any claims against any amounts owed to EVEON.
9.8. Any claim against EVEON, both under the contract of sale between EVEON and the Buyer and extra contractual claims, and including but not limited to claims regarding the conformity of the container(s), will lapse after 12 months from the day the Buyer has placed an order pursuant to Article 3.1.
9.9. EVEON assumes no liability for indirect damage, including consequential damage, loss of profit, damage or loss of cargo, loss of savings or damage due to operational stoppages.
9.10. The Buyer indemnifies EVEON from any liability with regard to the contract or its execution, as well as the use and purpose of the container(s), regardless of the manner and originator(s), towards third parties, including liability claims in relation to it on the transport of the container(s) and its/their contents on public roads, on water and in the open sea.
Article 10 – What happens in the case of force majeure?
10.1. If EVEON is prevented from executing the contract due to force majeure or if the price increases due to force majeure, EVEON is entitled to suspend the contract for the duration of the condition of force majeure or to dissolve it in whole or in part without EVEON being liable for compensation.
10.2. “Force majeure” is understood to be any (foreseeable and unpredictable) circumstance as a result of which the fulfillment of the contract by EVEON can no longer be reasonably expected. Such circumstances include strikes, excessive staff shortages due to illness, pandemics and epidemics, production disruptions, transport difficulties, fires and other operational disruptions, import, export and transit bans, delayed or defective deliveries by suppliers and freight forwarders and other events that cannot be influenced by EVEON, such as floods, storms, natural and/or nuclear disasters, war and/or threat of war, but also changing legal provisions or government measures.
Article 11 – Reservation of ownership
11.1. EVEON remains the owner of all containers sold by EVEON until the Buyer has provided EVEON with definitive and irreversible payment of the sale price and the corresponding consideration for the containers delivered or to be delivered in accordance with the contract or for the work/services performed or to be performed for the Buyer’s benefit within the framework of such a contract (or beyond that), as well as the fulfillment of any claims of EVEON on the Buyer due to the non-fulfillment of this contract.
11.2. Before full, definitive an irreversible payment has been made, the Buyer is not entitled to transfer all or part of any rights to the container(s) or to encumber it/them with (limited) rights.
11.3. The Buyer must store the container(s) delivered, subject to reservation of ownership, with the necessary care and as recognizable property of EVEON.
11.4. If the Buyer is in default with regard to the services detailed in Article 11.1, specifically but not limited to cancellation of payment by the Buyer or ordering a charge-back on a credit card payment, EVEON is entitled, at the Buyer’s expense, to take back the container(s) of which ownership has remained with EVEON. To this end, the Buyer hereby grants EVEON the irrevocable right to enter the premises used by or on behalf of the Buyer.
11.5. The Buyer is not entitled to invoke the reservation of ownership in relation to any costs borne by the Buyer under these Conditions or the contract of sale between EVEON and the Buyer, or to offset these costs against any amounts owed by the Buyer.
Article 12 – Taxes and other levies
12.1. The Buyer is personally responsible and obliged to notify the competent authorities and, if necessary, to submit any necessary declarations and, if relevant, to declare the container(s) in and out or to arrange for this.
12.2. All taxes, duties, fees, (clearing) costs, fines and related (administrative) costs associated with the purchase, transport and clearing in and out of the container(s) are at the Buyer’s own expense and risk. If this is not already explicitly included in the price of the container(s), EVEON reserves the right to charge the Buyer the taxes (including but not limited to VAT and sales tax), duties, fees, (clearing) costs, fines and all (administrative) costs incurred by EVEON in this regard and the Buyer must indemnify EVEON to this effect. ** Article 13 – Governing law and choice of forum**
13.1. The agreement between EVEON and the Buyer and its execution are governed by Dutch law, provided that the United Nations Convention of April 11, 1980 on Contracts for the International Sale of Goods and conflict of law rules are excluded.
13.2. Any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or invalidity thereof, will be brought in first instance and without prejudice to the right to appeal before the Civil Court of Rotterdam, the Netherlands, located in Rotterdam. The Court of Rotterdam will have exclusive jurisdiction to take cognizance of disputes related to this agreement, unless this would be contrary to peremptory law. EVEON may deviate from this rule of jurisdiction and apply the statutory rules of jurisdiction instead.