General Conditions of Business
ONLINE SHOP EVEON CONTAINERS B.V. GENERAL CONDITIONS OF BUSINESS (www.eveoncontainers.com) dated August 2020
Article 1 – When do these General Term and Conditions apply?
1.1 These General Terms and Conditions shall apply between us, EVEON Containers B.V. (“EVEON”) and you as the buyer on the purchase of (a) container(s). Deviations shall only be agreed in writing.
1.2. “Buyer” shall be any (legal) person concluding a contract with EVEON. The term “container(s)” shall include all kinds of containers available from EVEON.
1.3 Any other General Terms and Conditions that you may apply shall be rejected and be of no validity.
1.4 The Dutch version of these General Terms and Conditions shall apply at all times even on consultation of a translation that we have prepared.
Article 2 – What types of container are there and what can you expect?
2.1 EVEON sells new and used containers:
· If it is a new container, you become the first owner and user of the object of sale. These containers come from China, are transported once by sea and can show signs of use and damage due to this type of transport.
· If it is a used container, you are not the first owner and user of the object of sale. Used containers have been used several times for freight transport by sea over a long period of time and can therefore show signs of rust and other signs of use or damage as well as signs of repair and maintenance. It goes without saying that we also ensure that used containers, if necessary are refurbished in accordance with the CSC standard and that the containers are suitable for freight.
2.2 The models shown or listed are for illustration purposes only. Slight deviations, such as the colour information (in the case of used containers) as well as dimensions and weight are possible. EVEON only provides the guarantees specified in article 7 of these General Terms and Conditions.
Article 3 – How does the order process work?
3.1 The order process works as follows:
· You choose the container(s) you want;
· You decide which delivery method you want: pick up or delivery?
· The price corresponding to your selection is displayed;
· You agree to our General Terms and Conditions;
· You choose one of the available payment methods and make payment;
· After payment has been made, you shall receive an order confirmation by e-mail and an invoice with detailed VAT information within 24 hours (this creates the contract between you and EVEON) and
· You shall receive a CSC certificate (with a minimum validity of one year) for the container(s) you have purchased by e-mail within 24 hours.
3.2 If you have selected the “Delivery” option, you shall be redirected to the delivery methods.
3.3 As the buyer, you are responsible for providing the correct information during the ordering process. You shall be charged for costs that result from providing incorrect information (such as a different delivery address than that given during the payment process) or that are related to this.
Article 4 – What do the containers cost and when are they delivered?
4.1 The prices displayed on the website are in euros and always excluding VAT (if applicable) and excluding delivery costs.
4.2 If you choose the “delivery” option for the delivery method, the associated delivery costs excluding VAT (if applicable) shall be detailed.
4.3 Delivery shall only take place after EVEON has received your payment. If it turns out after delivery that the payment has not been received by EVEON (e.g. due to a cancelled payment), article 9 shall apply.
Article 5 – How is the delivery carried out and at what time does the risk for the container(s) pass to you?
5.1 There are always two delivery methods to choose from:
a) Delivery ex-warehouse at EVEON, from one hour after payment in accordance with article 3.1 (at a time to be agreed in more detail).
b) Delivery to your company by EVEON or a third party commissioned by EVEON, on a delivery date selected by the buyer in the online shop and after payment in accordance with article 3.1. EVEON endeavours to deliver to the largest possible number of locations three working days after the order is placed but this is not always possible as EVEON is also dependent on third parties. The delivery options available to you shall be displayed in our online shop when you check out.
5.2 The risk for the container(s) passes to you:
a) For delivery ex-warehouse at EVEON: when loading the container(s) onto your means of transport at the warehouse.
b) For delivery to your company: as soon as the transport company unloads the container(s) at your location.
5.3 EVEON shall meet the delivery deadlines as far as possible. If the delivery period is exceeded, EVEON shall not be in default and you shall not be entitled to any damages or compensation.
5.4 You shall be obliged to do everything necessary to ensure that someone is available to receive the delivery when the container(s) is/are delivered. If you do not accept the container(s) to be delivered, do not accept it/these on time and/or do not accept it/these properly, you shall be in default without further notice and EVEON shall still be entitled to the invoice amount for the container(s). EVEON shall also be entitled, regardless of its other legal powers, to leave the container(s) to be delivered (unattended) with you, to take it/them back and/or to store it/them at your risk; all costs relating to this shall be at your expense.
5.5 If the situation described in article 5.4 occurs and you then, despite a reasonable deadline set by EVEON, fail to accept the goods or to accept them on time and/or properly, EVEON shall no longer be bound by its obligations towards you.
Article 6 – Returns, refunds and cancellation
6.1 On the day of delivery of the container(s) you shall inspect it/these yourself and carry out a conformity test or have this carried out. EVEON shall be notified of any notifications of defects by e-mail on the day of delivery. In the absence of this, the container(s) shall be deemed accepted.
6.2 If you have given notice of defects in good time in accordance with article 6.1, the return of purchased containers is only possible after prior consultation and with EVEON’s prior written consent. If a return is made without the prior written consent of EVEON, both the shipping and the storage of the container(s) after arrival at EVEON shall be at your own risk and expense. The costs associated with a return shall always be at your expense.
6.3 The risk for the returned container(s) shall rest with you until EVEON has accepted the returned container(s) in writing. EVEON may attach conditions to the acceptance of any returns.
6.4 Within 14 days after you have returned the container(s) you have purchased with EVEON’s consent and EVEON has confirmed that it/they was/were received in the same condition in the EVEON warehouse in which you bought the container(s) from EVEON, EVEON shall refund the purchase price of the container(s) excluding shipping costs to the bank account from which your payment was made.
6.5 After you have completed the order in our online shop by paying the purchase price of the container(s) and any additional costs, the delivery process shall proceed automatically.
This means that it is in principle not possible to cancel the order. If you want to cancel your order, please contact our customer service to discuss the options.
Article 7 – When shall EVEON be liable and what guarantees apply?
7.1 EVEON only guarantees that the container(s) at the time of shipment conform(s) to the specifications referred to in article 2.1 (the “Guarantee”). EVEON expressly does not guarantee any specific quality, function, purpose, application or (special) use of the container(s).
7.2 The guarantee shall be expressly limited to the time of dispatch.
7.3 The guarantee does not apply and EVEON accepts no liability for:
(i) defects or errors that are considered permissible in trade or technically unavoidable deviations in terms of quality, colour, dimensions and/or weight;
(ii) separate parts or installations belonging to the container(s).
7.4 If the container(s) does/do not comply with the guarantee and you have submitted a complaint within the period specified in these General Terms and Conditions, EVEON shall only be obliged to replace the container(s) or to repair it/them at its own discretion. In the event of a replacement, you shall return the container(s) in the same condition in which it/they was/were delivered to you.
7.5 Any liability of any kind to be borne by EVEON towards you shall be limited in any case to liability for direct damage, which, at EVEON’s discretion shall be based on the replacement or repair of possibly defective containers or the reimbursement of the purchase price paid or a reasonable part thereof.
7.6 The upper limit of EVEON’s liability shall at any time be limited to a maximum of the insurance benefits to be provided by EVEON’s insurer and, if the damage is not covered by the insurance, to the amount of the agreed purchase price or a maximum amount of EUR 100,000.00.
7.7 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 shall be based on the estimated economic value of the container(s) at the location and at the time of delivery.
7.8 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.
7.9 You shall indemnify 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 the 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 8 – What happens in the case of force majeure?
8.1 If EVEON is prevented from executing the contract due to force majeure or if the price increases due to force majeure, EVEON shall be 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.
8.2 “Force majeure” shall be understood as any (foreseeable and unpredictable) circumstance through which the fulfilment of the contract by EVEON can no longer reasonably be expected. Such circumstances shall in any case 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 can be influenced from 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 9 – Reservation of ownership
9.1 EVEON shall remain the owner of all containers sold by EVEON until you have provided EVEON with 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 your benefit within the framework of such a contract (or beyond that) as well as the fulfilment of claims due to the non-fulfilment of this contract.
9.2 Before full payment has been made, you shall not be entitled to transfer all or part of any rights to the container(s) or to encumber it/them with (limited) rights.
9.3 You shall store the container(s) delivered subject to reservation of ownership with the necessary care and as recognizable property of EVEON.
9.4 If you are in default with regard to the services detailed in paragraph 1, EVEON shall be entitled at your expense, to take back the container(s) that EVEON owns. For this purpose, you hereby grant EVEON the irrevocable right to enter the premises used by or for you.
9.5 You shall not be entitled to invoke the reservation of ownership in relation to the costs associated with storage in accordance with article 9.3 or to offset these costs against any amounts you owe.
Article 10 – Taxes and other levies
10.1 You yourself shall bear the responsibility and the obligation to notify the competent authorities if necessary, to submit any necessary declarations and, if necessary, to declare the container(s) in and out or to arrange this.
All taxes, duties, fees, (clearing) costs, fines and related (administrative) costs associated with the purchase, transport and clearing in and out of the containers shall be at your own expense and risk. If this is not already expressly included in the price to be paid for the container(s), EVEON shall reserve the right to charge you the taxes, duties, fees, (clearing) costs, fines and all (administrative) costs paid by EVEON in this regard and you shall indemnify EVEON to this effect.