These Terms govern
in a legally binding way. Capitalised words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Eos4u.biz is provided by:
EoS For You UG (haftungsbeschränkt)
Owner contact email: firstname.lastname@example.org
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using eos4u.biz, Users confirm to meet the following requirements:
To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by eos4u.biz.
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Registration of User accounts on eos4u.biz is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
Users can terminate their account and stop using the Service at any time by doing the following:
However, termination of the account will not be possible until the subscription period paid for by the User has expired.
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offencive or in violation of these Terms.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Unless where otherwise specified or clearly recognisable, all content available on eos4u.biz is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on eos4u.biz infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any such content.
Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.
The Owner allows Users to upload, share or provide their own content to eos4u.biz.
By providing content to eos4u.biz, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Users acknowledge and accept that by providing their own content on eos4u.biz they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of eos4u.biz as contractually required.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to eos4u.biz.
Users acknowledge, accept and confirm that all content they provide through eos4u.biz is provided subject to the same general conditions set forth for content on eos4u.biz.
Users are solely liable for any content they upload, post, share, or provide through eos4u.biz. Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to eos4u.biz:
The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through eos4u.biz.
Content that Users provide to eos4u.biz is made available according to the criteria outlined within this section.
Content meant for public availability shall be automatically made public on eos4u.biz upon upload or, at the sole discretion of the Owner, at a later stage.
No personal data, identifier or any other information related to Users (such as a User-ID, avatar or nickname etc.) shall appear in connection with the published content, unless Users decide otherwise on their own initiative.
Users may (and are encouraged to) check on eos4u.biz to find details of who can access the content they provide.
Through eos4u.biz Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Eos4u.biz and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of eos4u.biz and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to eos4u.biz or the Service, terminating contracts, reporting any misconduct performed through eos4u.biz or the Service to the competent authorities – such as judicial or administrative authorities - whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms, including, but not limited to, by engaging in any of the following activities:
Some of the Products provided on eos4u.biz, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of eos4u.biz.
To purchase Products, the User must register or log into eos4u.biz.
Prices, descriptions or availability of Products are outlined in the respective sections of eos4u.biz and are subject to change without notice.
While Products on eos4u.biz are presented with the greatest accuracy technically possible, representation on eos4u.biz through any means (including, as the case may be, graphic material, images, colours, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
The offer of Products is nonbinding. In order to complete the purchase, Users are requested to submit a binding order. Only once such order is accepted is the contract concluded.
Any steps needed from Product choice to order submission, form part of the purchasing process.
The purchasing process includes these steps:
On eos4u.biz users place non-binding bids for the products they need to allow other users to join and create a purchasing volume that would allow Owner to negotiate the prices with the suppliers and source the required goods on behalf of the users. The goods purchasing process includes these steps:
To submit the order, Users must accept these Terms and use the respective button or mechanism on eos4u.biz, hereby committing to pay the agreed-upon price.
When the User submits an order, the following applies:
The rejection of an order shall not entitle the User to bring any claim against the Owner, including compensation for damages.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of eos4u.biz.
Other payment methods – if any – are independently provided by third-party services. In such cases eos4u.biz collects no payment information – such as credit card details – but only receives a notification from the relevant third-party provider once the payment has been successfully completed.
If payment through the available methods fail, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
Payments for the delivered goods are made separately by bank transfer to Owner account as specified in the invoice submitted on the date of goods dispatch and shall be done no later than 10 days after the invoice submission or as specified in the submitted invoice.
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Deliveries are made to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.
Goods are delivered to the following countries or territories: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.
Delivery times are specified on eos4u.biz or during the purchasing process.
Deliveries are made under the conditions and within the timeframe stated on eos4u.biz.
Unless otherwise stated, the delivery costs are the responsibility of the User.
The risk of loss of or damage to the goods shall pass to the User upon handover to the carrier.
Subject to prior agreement with the Owner, Users may arrange the pickup of the purchased goods by a carrier of their choice in good time and at their own risk and expense.
Unless otherwise stated, the delivery costs are the responsibility of the User.
The Owner cannot be held responsible for any errors, delays (including cases where the User fails to collect the goods within the deadline set by the Owner or the carrier), damages to or loss of the goods after handover to the carrier.
If the goods are returned to the Owner due to a failed delivery, Users must bear the costs of the resulting storage. Users must further arrange a new delivery attempt at their own expense, after agreeing with the Owner appropriate collection times and conditions.
Should the User fail to do so, the Owner may, at its sole discretion, cancel the contract or arrange a new delivery at the User’s expense. In both cases, the Owner reserves the right to compensation for any damage suffered due to the failed delivery.
The purchased service shall be performed or made available within the timeframe specified on eos4u.biz or as communicated before the order submission.
Users have the option to test eos4u.biz or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of eos4u.biz may not be available to Users during the trial period.
Further conditions applicable to the trial period, including its duration, will be specified on eos4u.biz.
The trial period shall automatically convert into the equivalent paid Product, unless the User cancels the purchase before the trial period expires.
Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.
Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the subscription period chosen by the User or otherwise specified during the purchasing process.
Once the subscription period expires, the Product shall no longer be accessible.
Subscriptions are automatically renewed through the payment method that the User chose during purchase.
The renewed subscription will last for a period equal to the original term.
Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document, or — if applicable — by using the corresponding controls inside eos4u.biz.
If the notice of termination is received by the Owner before the subscription renews, the termination shall take effect as soon as the current period is completed.
Users that have an active subscription may purchase single extra add-ons or features, described in the relevant section of eos4u.biz.
Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the goods they sell. This means that traders must ensure that the goods purchased have the promised quality, or the quality that can be reasonably expected, functionality or characteristics for at least two years after they’ve been delivered to the purchaser.
Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on eos4u.biz in accordance with the laws of the country of their habitual residence.
National laws of such country may grant such Users broader rights.
In particular, Consumers based in France can exercise guarantee rights within two years of delivery of the good without being required to provide evidence of the good’s defect or lack of conformity. The period of time for which the Consumer is exempted from providing evidence of the fault is reduced to six months in case of used goods.
When exercising guarantee rights, Consumers may choose between requesting replacement or reparation of the faulty good at the conditions set out in the French Consumer Code.
This statutory guarantee of conformity applies regardless of any commercial guarantee possibly offered by the Owner.
Consumers may also exercise their right of guarantee for hidden faults according to the relevant provisions of the French Civil Code, choosing between cancelling the purchase or requesting a price reduction.
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as eos4u.biz has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labour actions, infrastructural breakdowns or blackouts etc).
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of eos4u.biz and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to eos4u.biz are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with eos4u.biz are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of eos4u.biz must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
These Terms are drawn up and revised in German. Other language versions of these Terms are provided for information purposes only. In the event of any inconsistency between different linguistic versions, the original version shall always prevail.
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.
Users may bring any disputes to the Owner who will try to resolve them amicably.
While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of eos4u.biz or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.
The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 21 days of receiving it.
The property that enables the provision of the Service.
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Any User that does not qualify as a Consumer.
Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.
Indicates the natural person(s) or legal entity that provides eos4u.biz and/or the Service to Users.
A good or service available for purchase through eos4u.biz, such as e.g. physical goods, digital files, software, booking services etc.
The sale of Products may be part of the Service.
The service provided by eos4u.biz as described in these Terms and on eos4u.biz.
All provisions applicable to the use of eos4u.biz and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
Indicates any natural person or legal entity using eos4u.biz.