General Terms & Conditions of Business
EVEON CONTAINERS B.V. ONLINE SHOP GENERAL TERMS & CONDITIONS OF BUSINESS (www.eveoncontainers.com) dated August 2020
Article 1 – When do these General Terms & Conditions apply?
1.1 These General Terms & Conditions apply between us, EVEON Containers B.V. (“EVEON”), and you, the buyer, when purchasing (a) container(s). Deviations may only be agreed on in writing.
1.2. The “Buyer” is any (legal) person entering into a contract with EVEON. The term “container(s)” covers all types of containers available from EVEON.
1.3 Any other General Terms & Conditions will be rejected and of no validity.
1.4 The Dutch version of these General Terms & Conditions applies at all times, even if a translation has been prepared by us.
Article 2 – What types of containers are available and what can you expect?
2.1 EVEON sells new and used containers:
· If the container is new, you become the first owner and user of the object of sale. These containers originate from China, are transported once by sea and may show signs of use and damage due to this type of transport.
· If the container is used, you are 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. It goes without saying that we always ensure that used containers are refurbished 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. Slight deviations in, for example, the color 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 & Conditions.
Article 3 – How does the order process work?
3.1 The order process works as follows:
· You select a container or containers.
· You decide which delivery method you prefer: pick-up or delivery?
· The price corresponding to your selection is displayed.
· You agree to our General Terms & Conditions.
· You select one of the available payment methods and make the payment.
· After payment has been made, you will receive order confirmation by e-mail and an invoice with detailed VAT information withint 24 hours (this constitutes the contract between you and EVEON).
3.2 If you selected the “delivery” option, you will be redirected to the delivery method.
3.3 As the buyer, you are responsible for providing the correct information during the ordering process. You 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.
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 delivery charges.
4.2 If you select the “delivery” option for the delivery method, the associated delivery costs, excluding VAT (if applicable), will be provided.
4.3 Delivery will only take place after EVEON has received your payment. If it turns out after delivery that payment has not been received by EVEON (e.g. due to a cancelled payment), Article 9 applies.
Article 5 – How is delivery carried out and when is the container(s) risk passed on 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 on).
b) Delivery to your company by EVEON or a third party commissioned by EVEON, on a delivery date determined by the buyer in the online shop and after payment in accordance with Article 3.1. EVEON will attempt to deliver to the largest possible number of locations within preferred delivery window* before you proceed to the Payment page, but this is not always possible because EVEON is also dependent on third parties. The delivery options available to you will be displayed in our online shop when you check out.
5.2 The risk for the container(s) is passed on to you:
a) For delivery ex-warehouse at EVEON: when loading the container(s) on to 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 will make every attempt to meet the delivery deadline. If the delivery deadline is not met, EVEON will not be considered in default and you will not be entitled to any damages or compensation.
5.4 You are 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 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) with you, to take it/them back and/or to store it/them at your risk; all costs associated with this will be at your expense.
5.5 If the situation described in Article 5.4 occurs and, despite a reasonable deadline set by EVEON, you fail to accept the goods or to accept them on time and/or properly, EVEON will no longer be bound by its obligations towards you.
*Note as of mid-September, we’re unfortunately experiencing significant delays in the Newark, NJ region due to the unforeseeable damage Hurricane Ida caused in September 2021. A small fraction of our customers who wish to have their orders delivered may experience additional delays due to continued damage to transportation routes that were in the hurricane’s path. We’re actively working on alternative routes and transportation to stock our containers for customers wanting their containers delivered in affected locations.
Article 6 – Returns, refunds and cancellations
6.1 On the day of delivery of the container(s), you are required to inspect it/these and carry out a conformity test or have this carried out. EVEON will be notified of any notifications of defects by e-mail on the day of delivery. In the absence of this, the container(s) will be deemed accepted.
6.2 If you have reported defects in a timely manner in accordance with Article 6.1, the return of a purchased container(s) is only possible following 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 storage of the container(s) on arrival at EVEON will be at your own risk and expense. The costs associated with a return will always be at your expense.
6.3 The risk for the returned container(s) will lie 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 of returning 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 will refund the purchase price of the container(s), excluding shipping costs, by deposit into the bank account from which 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 will proceed automatically.
This means that, in principle, it is not possible to cancel the order. If you wish to cancel your order, please contact our customer service to discuss the options.
Article 7 – When is EVEON 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 explicitly disclaims liability for any specific quality, function, purpose, application or (special) use of the container(s).
7.2 The guarantee is explicitly 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, color, 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 time period specified in these General Terms & Conditions, EVEON will only be obliged to replace the container(s) or repair it/them at its own discretion. In the event of a replacement, you must return the container(s) in the same condition in which it/they was/were delivered to you.
7.5 Liability of any kind to be borne by EVEON towards you is always limited to liability for direct damage, 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.
7.6 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 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 will be based on the estimated economic value of the container(s) at the location and 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 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 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 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.
8.2 “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 9 – Reservation of ownership
9.1 EVEON remains 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 fulfillment of claims due to the non-fulfillment of this contract.
9.2 Before full payment has been made, you are not entitled to transfer all or part of any rights to the container(s) or to encumber it/them with (limited) rights.
9.3 You must 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 the first paragraph, EVEON is 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 are not 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 are personally responsible and obliged to notify the competent authorities if necessary, to submit any necessary declarations and, if relevant, to declare the container(s) in and out or to arrange for this.
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 your own expense and risk. If this is not already explicitly included in the price of the container(s), EVEON reserves the right to charge you the taxes, duties, fees, (clearing) costs, fines and all (administrative) costs incurred by EVEON in this regard and you must indemnify EVEON to this effect.