Terms & Conditions

  1. General
    1. These terms and conditions apply to all contracts, deliveries and other services of EPICA, Uhlenhorster Weg 31, 22085 Hamburg (hereinafter: "Seller"), regarding the online shop https://epica.cc and all subdomains belonging to the domain. Different customer regulations do not apply, unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority.
    2. The business relationships between the seller and the customer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident. The validity of UN purchasing law is excluded.
    3. The contract language is German or English.
    4. The place of jurisdiction is Hamburg, insofar as the customer is a businessman or a legal person under public law or special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or the place of residence or habitual residence is not known at the time the lawsuit is filed.
    5. We deliver to the following countries: (AD) ANDORRA, (AE) UNITED ARAB EMIRATES, (AF) AFGHANISTAN, (AG) ANTIGUA AND BARBUDA, (AI) ANGUILLA, (AK) ALASKA, (AL) ALBANIA, (AM) ARMENIA, (AN) NETHERLANDS ANTILLES, (AO) ANGOLA, (AR) ARGENTINA, (AS) AMERICAN SAMOA, (AT) AUSTRIA, (AU) AUSTRALIA, (AW) ARUBA, (AZ) AZERBAIJAN, (BA) BOSNIA AND HERZEGOVINA, (BB) BARBADOS, (BD) BANGLADESH, (BE) BELGIUM, (BF) BURKINA FASO, (BG) BULGARIA, (BH) BAHRAIN, (BI) BURUNDI, (BJ) BENIN, (BL) SAINT BARTH, (BM) BERMUDA, (BN) BRUNEI DARUSSALAM, (BO) BOLIVIA, (BR) BRAZIL, (BS) BAHAMAS, (BT) BHUTAN, (BW) BOTSWANA, (BY) BELARUS, (BZ) BELIZE, (CA) CANADA, (CD) CONGO THE DEMOCRATIC REPUBLIC OF THE, (CF) CENTRAL AFRICAN REPUBLIC, (CG) CONGO, (CH) SWITZERLAND, (CI) COTE D'IVOIRE, (CK) COOK ISLANDS, (CL) CHILE, (CM) CAMEROON, (CN) CHINA, (CO) COLOMBIA, (CR) COSTA RICA, (CU) CUBA, (CV) CAPE VERDE, (CX) CHRISTMAS ISLAND, (CY) CYPRUS, (CZ) CZECH REPUBLIC, (DE) GERMANY, (DJ) DJIBOUTI, (DK) DENMARK, (DM) DOMINICA, (DO) DOMINICAN REPUBLIC, (DZ) ALGERIA, (EC) ECUADOR, (EE) ESTONIA, (EG) EGYPT, (ER) ERITREA, (ES) SPAIN, (ET) ETHIOPIA, (FI) FINLAND, (FJ) FIJI, (FK) FALKLAND ISLANDS(MALVINAS), (FM) MICRONESIA FEDERATED STATES OF, (FO) FAROE ISLANDS, (FR) FRANCE, (GA) GABON, (GB-XXX) NORTHERN IRELAND, (GB) UNITED KINGDOM, (GD) GRENADA, (GE) GEORGIA, (GF) FRENCH GUIANA, (GG) GUERNSEY, (GH) GHANA, (GI) GIBRALTAR, (GL) GREENLAND, (GM) GAMBIA, (GN) GUINEA, (GP) GUADELOUPE, (GQ) EQUATORIAL GUINEA, (GR) GREECE, (GT) GUATEMALA, (GU) GUAM, (GW) GUINEA-BISSAU, (GY) GUYANA, (HK) HONG KONG, (HN) HONDURAS, (HR) CROATIA, (HT) HAITI, (HU) HUNGARY, (ID) INDONESIA, (IE) IRELAND, (IL) ISRAEL, (IM) ISLE OF MAN, (IN) INDIA, (IQ) IRAQ, (IR) IRAN ISLAMIC REPUBLIC OF, (IS) ICELAND, (IT) ITALY, (JE) JERSEY, (JM) JAMAICA, (JO) JORDAN, (JP) JAPAN, (KE) KENYA, (KG) KYRGYZSTAN, (KH) CAMBODIA, (KI) KIRIBATI, (KM) COMOROS, (KN) SAINT KITTS AND NEVIS, (KP) KOREA DEMOCRATIC PEOPLE'S REPUBLIC OF, (KR) KOREA REPUBLIC OF, (KW) KUWAIT, (KY) CAYMAN ISLANDS, (KZ) KAZAKHSTAN, (LA) LAO PEOPLE'S DEMOCRATIC REPUBLIC, (LB) LEBANON, (LC) SAINT LUCIA, (LI) LIECHTENSTEIN, (LK) SRI LANKA, (LR) LIBERIA, (LS) LESOTHO, (LT) LITHUANIA, (LU) LUXEMBOURG, (LV) LATVIA, (LY) LIBYAN ARAB JAMAHIRIYA, (MA) MOROCCO, (MC) MONACO, (MD) MOLDOVA REPUBLIC OF, (ME) MONTENEGRO, (MF) Saint Martin, (MG) MADAGASCAR, (MH) MARSHALL ISLANDS, (MK) MACEDONIA THE FORMER YUGOSLAV REPUBLIC OF, (ML) MALI, (MM) MYANMAR, (MN) MONGOLIA, (MO) MACAO, (MP) NORTHERN MARIANA ISLANDS, (MQ) MARTINIQUE, (MR) MAURITANIA, (MS) MONTSERRAT, (MT) MALTA, (MU) MAURITIUS, (MV) MALDIVES, (MW) MALAWI, (MX) MEXICO, (MY) MALAYSIA, (MZ) MOZAMBIQUE, (NA) NAMIBIA, (NC) NEW CALEDONIA, (NE) NIGER, (NF) NORFOLK ISLAND, (NG) NIGERIA, (NI) NICARAGUA, (NL) NETHERLANDS, (NO) NORWAY, (NP) NEPAL, (NR) NAURU, (NU) NIUE, (NZ) NEW ZEALAND, (OM) OMAN, (PA) PANAMA, (PE) PERU, (PF) FRENCH POLYNESIA, (PG) PAPUA NEW GUINEA, (PH) PHILIPPINES, (PK) PAKISTAN, (PL) POLAND, (PM) SAINT PIERRE AND MIQUELON, (PR) PUERTO RICO, (PT) PORTUGAL, (PW) PALAU, (PY) PARAGUAY, (QA) QATAR, (RE) REUNION, (RO) ROMANIA, (RS) SERBIA, (RU) RUSSIAN FEDERATION, (RW) RWANDA, (SA) SAUDI ARABIA, (SB) SOLOMON ISLANDS, (SC) SEYCHELLES, (SD) SUDAN, (SE) SWEDEN, (SG) SINGAPORE, (SI) SLOVENIA, (SK) SLOVAKIA, (SL) SIERRA LEONE, (SM) SAN MARINO, (SN) SENEGAL, (SO) SOMALIA, (SR) SURINAME, (ST) SAO TOME AND PRINCIPE, (SV) EL SALVADOR, (SX) SINT MAARTEN, (SY) SYRIAN ARAB REPUBLIC, (SZ) SWAZILAND, (TC) TURKS AND CAICOSISLANDS, (TD) CHAD, (TG) TOGO, (TH) THAILAND, (TJ) TAJIKISTAN, (TL) TIMOR-LESTE, (TM) TURKMENISTAN, (TN) TUNISIA, (TO) TONGA, (TR) TURKEY, (TT) TRINIDAD ANDTOBAGO, (TV) TUVALU, (TW) TAIWAN PROVINCE OFCHINA, (TZ) TANZANIA UNITED REPUBLIC OF, (UA) UKRAINE, (UG) UGANDA, (US) UNITED STATES, (UY) URUGUAY, (UZ) UZBEKISTAN, (VA) HOLY SEE (VATICAN CITY STATE), (VC) SAINT VINCENT AND THE GRENADINES, (VE) VENEZUELA, (VG) VIRGIN ISLANDS BRITISH, (VI) VIRGIN ISLANDS U.S., (VN) VIETNAM, (VU) VANUATU, (WF) WALLIS AND FUTUNA, (WS) SAMOA, (XK) KOSOVO, (YE) YEMEN, (YT) MAYOTTE, (ZA) SOUTH AFRICA, (ZM) ZAMBIA, (ZW) ZIMBABWE
    6. Customers have the option of using alternative dispute resolution. The following link of the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online sales contracts: ec.europa.eu/consumers/odr.
    7. Duty to provide information in accordance with Consumer Dispute Settlement Act (§36 VSBG): EPICA is neither willing nor obliged to participate in further dispute settlement procedures before a consumer arbitration board.
  2. Contract content and contract conclusion
    1. The seller offers customers new goods in the online shop www.epica.cc, especially personalized prints of sports activities.
    2. The customer makes a binding purchase offer if she successfully completes the ordering process provided in our online shop. This is done in the following steps:
      1. Selection of the desired goods
      2. Confirm by clicking the "PayPal Checkout" button
      3. Registration in the PayPal payment process by entering their PayPal login credentials (email address and password).
      4. Selection of the payment method and the delivery address in PayPal.
      5. Confirmation of the payment data in PayPal by clicking the "Confirm" button.
      6. Another check of the respective entered data on the "last check" page.
      7. Confirmation of the Terms and Conditions, as well as the privacy policy and the cancellation policy, by activating the respective checkbox
      8. Binding dispatch of the order by clicking the button "order with costs" or "buy now“.
    3. After checking her data, the customer can return to the page on which the customer's data was recorded, until the binding submission of the order, by pressing the "back" button of the internet browser or cancel the ordering process by closing the browser.

    4. When shopping in the online shop, a sales contract is concluded when the seller accepts the customer's order. Price markings in the online shop do not constitute an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by email. In this context, the current GTC and the cancellation policy are appended to the customer.
    5. The contract text can no longer be viewed after the order. We therefore ask you to save the contract text.
  3. Prices, shipping costs, sales tax and payment
    1. When ordering via the online shop, the shown prices apply. The seller uses the small business regulation according to § 19 UStG and therefore does not show sales tax. All prices are final prices.
    2. The prices include the shipping costs. For orders outside the online shop (see Paragraph 2, (3)), the prices stated in the seller's offer apply, including shipping costs.
    3. The delivery to the customer by the seller takes place at the customer's request using the following payment methods: PayPal.
    4. If a customer is in arrears with his payment obligations, the seller can demand compensation in accordance with the statutory provisions and / or withdraw from the contract.
    5. The seller always issues an invoice to the customer, which is handed over to her when the goods are delivered or is otherwise sent in text form.
  4. Delivery and transfer of risk
    1. Unless otherwise agreed in the contract, the goods ordered are delivered to the address specified by the customer. The delivery is made directly by the manufacturer (print shop).
    2. The availability of the individual goods is specified in the item descriptions. Unless otherwise expressly agreed, the goods in stock will be dispatched by the seller within 5 working days after instruction of the payment. If the goods are marked as out of stock during a sale via the online shop, the seller will endeavor to deliver as quickly as possible. Information provided by the seller regarding the delivery period is non-binding, unless the delivery date has exceptionally been confirmed by the seller.
    3. The seller reserves the right to release itself from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is completely or partially omitted. This reservation of self-supply only applies if the seller is not responsible for the lack of delivery. The seller is not responsible for the absence of the service, if a so-called congruent covering transaction to fulfill the contractual obligations was concluded in time with the supplier. If the goods are not delivered, the seller will immediately inform the customer of this fact and refund an already paid purchase price including shipping costs.
      The risk of accidental loss and accidental deterioration of the goods passes to the customer upon delivery. If the customer is a business customer, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delays, passes to the freight forwarder, the freight forwarder or the person otherwise responsible for carrying out the shipment when the goods are shipped.
  5. Retention of title

    The delivered goods remain the property of the seller until all claims from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or a business in the exercise of his commercial or independent professional activity, also from the current business relationship until settlement of all claims related to the sellers rights entitled in the contract.

  6. Right of retention

    The customer is only authorized to exercise a right of retention insofar as her counterclaim are based on the same contractual relationship.

  7. Liability for material and legal defects
    1. Prints are defective if they do not meet the technical standard of digital poster printing. The customer has no warranty claims for minor defects.
    2. Defects are only technical errors that would have been avoidable according to the current state of the art, but not taste aspects. Color differences, cropping or color shifts between the actual print and the pictures on the website are not defects.
    3. EPICA expressly points out that the prints offered on the www.epica.cc website are not waterproof.
    4. If there are defects, the customer is entitled to the statutory warranty rights in accordance with the following provisions. If only merchants are involved in the contract, then §§ 377 ff. HGB apply in addition.
    5. Damage caused by improper actions by the customer when installing, connecting, operating or storing the goods does not constitute a warranty claim against the seller.
    6. Defects are to be reported by the customer to the seller within a warranty period of two years for new items or one year for used items.
      If the customer is a business, the warranty period for new items is one year. The warranty for businesses is excluded for used items.
      The above limitations of liability do not apply insofar as the seller has maliciously concealed a defect or has given a guarantee for the quality of the goods, and not for claims for damages by the customer aimed at compensation for physical or health damage due to a defect for which the seller is responsible, or which deliberate or grossly negligent fault on the part of the seller.
    7. If there are defects and these have been asserted in time, the seller is entitled to supplementary performance. If the subsequent performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. Otherwise, the statutory provisions apply.
  8. Duty to provide information in the event of damage in transit

    If goods are delivered with obvious damage to the packaging or the content, the customer should, without prejudice to his warranty rights (§ 7), complain to the freight forwarder / freight service immediately and by email or in another manner (fax / post) with the seller, so that they can protect any rights vis-à-vis the freight forwarder / freight service.

  9. Disclaimer
    1. Outside of liability for material and legal defects, the seller is liable without limitation insofar as the cause of the damage is based on intent or gross negligence. It is also liable for the slightly negligent breach of essential duties (duties whose breach endangers the achievement of the purpose of the contract) as well as for the violation of cardinal duties (duties whose fulfillment enables the orderly execution of the contract in the first place and the customer regularly relies on compliance with), but only for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than the above.
    2. The limitations of liability of the previous paragraph do not apply to injury to life, limb and health, for a defect after accepting a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
    3. If the seller's liability is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.

Version:
June 13, 2020

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