ToS

• 1 Scope of application

The business relationship between eversmart products GmbHstandable.eu) and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating conditions are not recognized.

• 2 Conclusion of contract

(1) The following regulations on the conclusion of contracts apply to orders placed via our Internet shop standable.eu/agb.

(2) If the contract is concluded, the contract is concluded with eversmart products GmbH, Isenrietstrasse 19, 8617 Mönchaltorf, registration number (UID): CH-159.620.861 Register court: Commercial Register Office of the Canton of Zurich.

(3) The presentation of the goods in our Internet shop does not constitute a legally binding offer of contract on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.

(4) Upon receipt of an order in our Internet shop, the following regulations apply: The consumer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet shop. The order is placed in the following steps: 1) Selection of the desired goods 2) Confirmation by clicking the "Order now" button 3) Checking the details in the shopping cart 4) 5) Logging into the Internet shop after registering and entering the login details (e-mail address and password). 6) Checking again or correcting the respective data entered. 7) Binding submission of the order by clicking the button "order with costs" or "buy". Before the binding submission of the order, the consumer can return to the Internet page on which the customer's details are recorded and correct input errors by pressing the "back" button contained in the Internet browser used by him after checking his details or cancel the order process by closing the Internet browser. We confirm receipt of the order immediately by means of an automatically generated e-mail ("order confirmation"). With this we accept your offer. (5) Storage of the contract text for orders via our Internet shop: We store the contract text and send you the order data and our GTC by e-mail. You can also view the general terms and conditions at any time at standable.eu/agb .

• 3 Cancellation policy

3.1 Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last partial shipment or the last item.

To exercise the right of withdrawal, you must inform us (eversmart products GmbH, Isenrietstrasse 19, 8617 Mönchaltorf, Switzerland, standable of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

3.2 Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.

You must return or hand over the goods to us or to LivingCare GmbH c/o eversmart (Randenweg 21, 79798 Jestetten, Germany) immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. For goods that cannot be returned normally by post due to their nature, these costs amount to EUR 80. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

3.3 Sample withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it to us).

- To eversmart products GmbH, Isenrietstrasse 19, 8617 Mönchaltorf, Switzerland,standable

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following
goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for notification on paper)

- Date

(*) Delete as appropriate.

Cancellation policy created with the Trusted Shops legal text editor.

• 4 Delivery

(1) Unless we have clearly stated otherwise in the product description, all items offered by us are ready for immediate dispatch. Delivery here takes place within 4 working days. In the case of payment in advance, the delivery period shall commence on the day after the payment order to the bank commissioned with the transfer and, in the case of all other payment methods, on the day after conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.

(2) The risk of accidental loss and accidental deterioration of the sold item shall not pass to the Buyer until the item has been handed over to the Buyer, even in the case of sale by delivery to a place other than the place of performance.

• 5 Duty to inspect

5.1 Testing

The customer must immediately check delivered or collected products for correctness, completeness and delivery damage.

5.2 Inspection by forwarding agent

In the case of freight forwarding deliveries, any delivery damage must be noted on the delivery note.

5.3 Message

Delivery damage, incorrect and incomplete deliveries/assemblies must be reported in writing by e-mail within 5 calendar days from the time of collection or delivery and documented accordingly. The customer may not put such a product into operation. They must keep it as received in the original packaging and must contact eversmart products GmbH.

• 6 Return

6.1 Voluntary right of return

Eversmart products GmbH attaches great importance to ensuring that customers like the products they buy. Eversmart products GmbH therefore grants a voluntary right of return of 100 days. For goods in mint condition without signs of use that are returned with the original packaging, Eversmart products GmbH will refund the full purchase amount. Customers may return any product in perfect condition, even if they have assembled it. If a product does not meet the above criteria, eversmart products GmbH reserves the right to refuse the return, make an exchange or arrange a refund in the form of a voucher code. If the product was damaged during delivery / assembly, this must be reported immediately (see point 4).

6.2 Return process

The intended return must be announced and justified by e-mail. The goods must be packed with the original packaging material and returned to their original condition. The forwarding agent for the collection will be commissioned by eversmart products GmbH. Eversmart products GmbH will contact you to arrange an appointment. The goods are to be handed over to the forwarding agent commissioned by the seller. The return costs are €80.00 and are not covered by eversmart products GmbH.

6.3 Reimbursement

The return will be checked by eversmart products GmbH upon receipt. If the claim is justified, a refund will be made to the account specified by the customer within 60 days for products that are as good as new. In the case of products that are no longer as good as new, eversmart products GmbH can alternatively make an exchange, a reduction or a refund in the form of a voucher code.

6.4 Exclusion

Custom-made products (e.g. regarding size or colour) or products that are clearly marked as final sale/promotion in the online shop cannot be returned. Delivery and assembly charges are also non-refundable.

6.5 Non-assignable returns

A refund can only be made if eversmart products GmbH can clearly assign the return to an order. Returns that cannot be assigned to a customer will be kept by eversmart products GmbH for six months. After this period, the right to a refund expires.

• 7 Warranty

• 8 Due date, payment and default

The goods are shipped on account or with one of the other specified payment options. The customer pays the purchase price without postage costs to the business account of the recipient stated on the invoice - eversmart products GmbH. If the customer is in default of payment, eversmart products GmbH is entitled to demand a lump sum for default in the amount of €20.00. If after several reminders no payment of the customer is received on the account of eversmart products GmbH, we reserve the right of debt collection.

• 9 Special features when buying on account

Payment on account is only possible for consumers over the age of 18. The outstanding invoice amount is due upon receipt of the goods and invoice.

• 10 Retention of title

We retain ownership of the goods until the purchase price has been paid in full.

• 11 Warranty

The statutory warranty regulations of Switzerland apply.

• 12 Contract language

Only German is available as the contractual language.

• 13 Collection, processing and use of our customers' personal information

Please refer to our disclaimer for the rules governing the processing and use of personal data.

• 14 Exclusion of liability

14.1 Principle

Liability is governed by the applicable statutory provisions. However, eversmart products GmbH is in no case liable for (i) slight negligence, (ii) indirect and consequential damages and loss of profit, (iii) unrealized savings, (iv) damages from delay in delivery and (v) any acts and omissions of auxiliary persons of eversmart products GmbH or contracted service providers, whether contractual or non-contractual.

14.2 Exceptions

Furthermore, eversmart products GmbH rejects liability in the following cases:

• improper, non-contractual or unlawful storage, adjustment or use of the products;
• Use of incompatible spare parts or accessories (e.g. power supply);
• failure to carry out maintenance in accordance with the operating instructions and/or improper modification or repair of the products by the customer or a third party;
• force majeure, in particular damage caused by the elements, moisture, falling and impact etc., for which eversmart products GmbH is not responsible, and official orders.

• 15 Applicable law

Swiss law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Zurich.

End of the general terms and conditions - Status: 29.07.2025