Terms and Conditions
General Terms and Conditions of Cevalon GmbH, entered into the trade register of the District Court Munich at HRB 229750, with business address at FeringastraBe 6, D- 8 5 774 Unterfohring, Germany, represented by the manager Manfred Spies, hereinafter also referred to as “Cevalon”.
Scope of applicability
- The following General Terms and Conditions (GTC) shall solely apply to all present and future legal relations between Cevalon and its principals. Where the GTC are in contraction to the conditions of the principal or other third parties who enter into a business relationship with Cevalon, the present GTC shall take precedence, even if Cevalon while knowing of opposing/deviating GTC of the principal/third party didn’t object to those GTC and provides the service without any reservations.
- Any expressly made regulations in the individual orders shall take precedence over these GTC where they include a contradictory stipulation.
Services of Cevalon
- Cevalon provides services resp. business management services, particularly (but not conclusively) of contracts in the field of extended concierge services (e.g. limousine service, event planning). Aside from this, Cevalon provides and/or researches and/or brokers service, business management and/or purchase and work contracts resp. quotes thereof.
To conclude the respective individual order to be provided, the individual contract prescribed by Cevalon shall be used.
The following services in particular are expressly not provided:
- Conclusion of contracts on land plots, entitlements equivalent to land plots, commercial premises or residential premises or the occasion to conclude such contracts;
- Asset investments of any kind.
- Cevalon shall be entitled to refuse individual orders without indicating reasons. The refusal shall be notified by Cevalon immediately.
- Within the scope of implementing these individual contracts, Cevalon shall operate either in their own name or as disclosed agent of the principals.
- A contract shall be concluded once the principal places an order in written form (Section 126b German Civil Code [BGB], i.e. via letter, e-mail, WhatsApp or another permanently readable communication medium) or transfers a guaranteed credit card number. Cevalon shall usually confirm the placed order immediately, but in any case within 4 8 hours. A contract shall also be concluded by Cevalon actually providing ordered services.
The provisions of the above phrases shall also apply to any supplements to or amendments of a placed order.
- With regards to the service business, contracts shall be concluded as follows:
- The principal shall initially receive a non-binding, individual quote by Cevalon on the enquired services. This may be Cevalon’s own quote or one in the name of a third-party service provider resp. the brokerage of such a quote.
- Cevalon shall make a binding offer – in its own name or in another party’s name – for a contract conclusion by finally sending the corresponding quote or by forwarding the quote of a third-party service provider. Cevalon shall not be obliged to make such a quote. The quote shall also include costs that can be estimated at that time.
- For contracts that Cevalon concludes as agent in the name of the principal within the scope of applicability of Section 1 of these GTC, the principal or principals shall grant Cevalon power of attorney to act as their agent in legal transactions when implementing such business within the scope of the respective individual transactions.
- Cevalon shall be exempt from the restrictions of Section 181 BGB and may issue sub-powers of attorney.
- Any liability by Cevalon as agent for own-name transaction or compensation pursuant to Section 17 9 BGB shall be excluded.
- This power of attorney shall not expire with the death of the principal but remain effective even for their heirs. The power of attorney may, however, be revoked vis-a-vis Cevalon in writing at any time by the principal and, upon their death, by any heir.
Usage of sub-contractors
Cevalon shall be entitled to conclude contracts with third parties to fulfil its obligations.
Invoicing and time for payment
- Cevalon shall issue to the principal an orderly invoice on the agreed remuneration upon rendering the service that was to be provided.
- Unless otherwise agreed, the invoicing shall be carried out on a monthly basis. The invoice amount shall be due for payment on the 301h day of the month following the receipt of the invoice. The invoice amount shall be paid into the following account:
Deutsche Postbank AG
IBAN: DE 98 7001 00 80 00545198 00
- If advance payment is agreed, the payment shall be due immediately upon conclusion of the contract. The agreed remuneration shall include the statutory VAT. Starting from a scope of service of EUR 150,000.00 of ordered services, the principal shall generally be obliged to pay in advance unless the parties make an individual deviating agreement.
Offsetting / Right of retention
- The principal shall only be entitled to offset where its counter-claims are uncontested or determined by a legally effective decision. The principal shall only be entitled to assert rights of retention where this is based on counter-claims from the same contractual relationship.
Reservation of title
- For orders on a delivery of a commodity (hereinafter: “commodity subject to reservation of title”), this commodity shall remain within the ownership of Cevalon until all demands that Cevalon is entitled to vis-à-vis the principal at that time or in the future, including all balance demands from open account, are fulfilled.
- Where the principal behaves in violation of the contract – particularly if it has come in arrears with the payment of the remuneration demand – Cevalon shall be entitled to rescind the entire contractual relation or the individual order once it has set a reasonable deadline for implementing the service. Where Cevalon takes back the commodity subject to reservation of title, this shall already constitute a rescission of the contract.
The transportation costs accruing for taking it back shall be borne by the principal. If Cevalon garnishes the commodity subject to reservation of title, this shall also constitute a rescission of the contact. Cevalon may utilise any commodity subject to reservation of title that is has taken back. The proceeds from the utilisation shall be offset against the amounts owed to Cevalon by the principal once Cevalon has deducted an appropriate amount for the costs of the utilisation.
- The principal shall treat the commodity subject to reservation of title with care.
- In the event of a garnishment of the commodity subject to reservation of title by third parties or of another intervention by third parties, the principal shall signal the ownership of Cevalon and shall inform them immediately in writing, so that Cevalon may assert their ownership rights.
- If the principal demands it, Cevalon shall be obliged to release the securities owed to it where their realisable value exceeds the value of the outstanding demands of Cevalon vis-a-vis the principal by more than 10%. However, Cevalon may select the securities to be released.
Care and minding of interests
The principals pledge to mind the interests of Cevalon and to not endeavour to do anything which might be suitable to jeopardise the reputation, market position or creditworthiness of Cevalon.
- In the event of premeditation or gross negligence on the part of Cevalon or on the part of its agents or proxies, they shall assume liability pursuant to the statutory regulations; the same shall apply in the event of a culpable violation of substantial contractual obligations. Where there is no premeditated or grossly negligent contractual violation, Cevalon’s liability for compensation shall be restricted to the foreseeable, typically occurring damage.
- The liability for culpable injury to life, body or health shall remain unaffected.
- Unless expressly otherwise agreed above, Cevalon’s liability shall be excluded.
Contractual duration and termination
- The contractual relation may be terminated by either side in its entirety or in part without indicating reasons while adhering to a deadline of two months to the end of a calendar month in text form pursuant to Section 126b BGB.
- The right to termination without notice shall remain unaffected by this. The following events in particular shall be deemed causes justifying a termination without notice:
- If insolvency proceedings are opened on the assets of the principal of Cevalon or if the opening of insolvency proceedings is denied for lack of assets;
- If the principal of Cevalon is in arrears with the payment of recurring services to be paid monthly in the amount of more than three monthly services.
Information on revocation
- When concluding a distance selling business, consumers generally have a statutory right to revocation on which Cevalon informs below following the instructions of the statutory template. The exceptions to the right to revocation are regulated in paragraph (2). The template revocation form can be found in paragraph (3).
Information on revocation
Right to revocation
You are entitled to revoke this contract within fourteen days without indicating reasons.
The revocation period is fourteen days, starting from the day when you or a third person you named who isn’t a carrier have/has taken possession of the goods and/or the services have been received.
To exercise your right to revocation, you must inform Cevalon GmbH by means of an unambiguous declaration (e.g. a letter sent by mail, facsimile or e-mail) on your decision to revoke this contract. You can do this by using the enclosed template revocation form, however, this is not mandatory.
If you send off the information on the exercise of the right to revocation prior to expiry of the revocation period, this is sufficient to keep the revocation period.
Consequences of the revocation
If you revoke this contract, we are obliged to pay back to you all payments we received from you, including the delivery cost (except any additional costs occurred due to you choosing a type of delivery that is not our indicated affordable standard delivery) immediately and no later than within fourteen days upon the day of receiving the information of your revocation of the contract. For this payback, we will use the same means of payment that you used for the original transaction unless something else was expressly agreed upon with you; in no case will you be charged any fees for this payback.
We can deny the payback until we have received the goods or until you have provided evidence that you sent back the goods, whichever occurs sooner.
You have to send back to us or hand over to us the goods immediately and in any case no later than within fourteen days upon the day of informing us on the revocation of this contract. The period is kept if you send off the goods prior to expiry of the fourteen-day-period.
You will bear the direct costs of sending back the goods.
You only need to reimburse a possible loss in value of the goods if this loss in value is due to a way of dealing with the goods that is not required for examining their state, properties and functioning.
- The right to revocation does not apply to:
- Contracts on the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly designed to meet the personal requirements of the consumer,
- Contracts on the delivery of goods that can perish quickly or the whose best-before-date would be exceeded quickly,
- Contracts on the delivery of sealed goods which are not suitable for returning for reasons of health protection or hygiene, if their sealing was removed after delivery,
- Contracts on the delivery of goods if they, due to their type, were inseparably mixed with other goods after delivery,
- Contracts on the delivery of alcoholic beverages the price of which was agreed when concluding the contract, but which can delivered no sooner than 30 days upon concluding the contract and the current value of which is subject to fluctuations on the market which the entrepreneur can’t influence.
- Pursuant to the statutory regulation, Cevalon informs on the template revocation form as follows:
Sample revocation form
(If you wish to revoke the contract, please fill out this form and send it back)
– To Cevalon GmbH, Feringastrafle 6, D-85774 Unterfohring, Germany, via e-mail: email@example.com, via
facsimile: +49 89 992 16- 200:
– I/We (*)hereby revoke the contract concluded with me/us(*) on the purchase of the following goods(*) / the rendering of the following service(*):
– Ordered on(*) / received on(*)
– Name of the consumer/consumers
– Address of the consumer/consumers
– Signature of the consumer/consumers (only for notifications on paper)
(*)please cross out where not applicable
- The law of the Federal Republic of Germany is applicable with the exception mentioned below while excluding CISG. For consumers, this choice of law shall only apply where the granted protection is not removed by mandatory provisions of the law of the state in which the consumer has their usual place of residence.
- The EU commission has created an online dispute resolution platform. The platform serves as a contact point for out-of-court resolving of conflicts regarding contractual obligations arising from online purchasing contracts. You can find more information at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration authority.
- The place of fulfilment and sole jurisdiction for any conflicts arising from this contact shall be the business location of Cevalon, provided that the principal is a merchant, legal entity under public law or a public-law special fund. The same shall apply if a contractual party has no general place of jurisdiction in Germany or in the EU or if the place of residence or the usual place of residence are not known at the time of filing the claim.
- If there are any deviations between the German version and the English version, the German version shall take precedence.
- If present or future provisions of these GTC should be partially or entirely legally ineffective or not enforceable or lose their legal effectiveness or enforceability at a later date, this shall not affect the validity of the remaining GTC.