Last updated: April 27, 2018
If you are a user that resides in Germany, please review the Provisions Applicable to Users Residing in Germany below that apply in addition to our Limited Warranty, Product Terms of Use, Terms of Service, and Product Terms of Sale. In the event of any conflict between our Limited Warranty, Product Terms of Use, Terms of Service, and Product Terms of Sale and these Provisions Applicable to Users Residing in Germany, these Provisions Applicable to Users Residing in Germany will supersede and prevail.
Limited Warranty
1. Limitation of Liability.
Instead of the Limitation of Liability section of the Limited Warranty, the following applies:
EP shall be liable under these Terms only in accordance with the provisions set out below:
- EP shall be unrestrictedly liable for losses caused intentionally or with gross negligence by EP, its legal representatives or senior executives and for losses caused intentionally by other assistants in performance. In respect of gross negligence of other assistants in performance, EP liability shall be as set forth in the provisions for simple negligence below.
- EP shall be unrestrictedly liable for death, personal injury, or damage to health caused by the intent or negligence of EP, its legal representatives or assistants in performance.
- EP shall be liable for losses arising from the lack of any warranted characteristics up to the amount which is covered by the purpose of the warranty and which was foreseeable for EP at the time the warranty was given.
- EP shall be liable for losses caused by the breach of its primary obligations by EP, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of these Terms, which were decisive for the conclusion of these Terms and on the performance of which the consumer may rely. If EP breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by EP at the time the respective service was performed.
- Save in respect of liability for losses caused intentionally or with gross negligence and liability for death, personal injury or damage to health (bullets 1 and 2 above), EP total liability under these Terms is limited to the value of the relevant order or if none, then 250 Euros.
- EP shall be liable in accordance with the German Product Liability Act in the event of product liability.
- FOR THE AVOIDANCE OF DOUBT, ANY CONTRACTUAL OR STATUTORY WARRANTY THAT THE CONSUMER MAY BE ENTITLED TO AGAINST EP, THE SELLER OF THE PRODUCT OR ANY OTHER PERSON REMAINS UNAFFECTED.
2. Warranties.
Notwithstanding anything to the contrary in the Limited Warranty, the following applies:
If you are a consumer and you are resident in Germany, you have legal rights as a consumer in respect of any Product that is defective. Nothing in this Limited Warranty will affect such statutory consumer rights. Please consult your local Consumer Protection Agency for more information about your rights as a consumer under German law or please visit the European Consumer Centre website for additional information on consumer laws at https://www.evz.de/de/verbraucherthemen/einkaufen/gewaehrleistung-und-garantie/was-bedeutet-gewaehrleistung/.
Product Terms of Use
1. Modifications to Products and Terms. Instead of Changes to Product Features or Services section of the Product Terms of Use, the following applies:
EP may change, suspend, remove, or discontinue certain features or services associated with the Product, or any part of them, in our sole discretion. If we make changes to the Product, we will provide notice of such changes, such as by sending an email notification, providing notice through the Product or our websites or mobile applications. Such event would not cause a substantial alteration of your use of the Product and you will be informed of the reasons justifying such event.
EP also reserves the right to change or modify these Terms at any time and in our sole discretion. Such event would occur notably in cases of change of the law or change in our Products. If we make changes to these Terms, we will provide notice of such changes one month before it becomes effective, such as by sending an email notification, providing notice through the Product or our websites or mobile applications. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access and use our Products. Your continued use of a Product after the effective date of the revised version of these Terms constitutes your acceptance of the revised version of these Terms. If you disagree with such modification, you may stop using our Products.
2. Limitation of Liability.
Instead of the Limitation of Liability section of the Product Terms of Use, the following applies:
EP shall be liable under these Terms only in accordance with the provisions set out below:
- EP shall be unrestrictedly liable for losses caused intentionally or with gross negligence by EP, its legal representatives or senior executives and for losses caused intentionally by other assistants in performance. In respect of gross negligence of other assistants in performance EP liability shall be as set forth in the provisions for simple negligence below.
- EP shall be unrestrictedly liable for death, personal injury or damage to health caused by the intent or negligence of EP, its legal representatives or assistants in performance.
- EP shall be liable for losses arising from the lack of any warranted characteristics up to the amount which is covered by the purpose of the warranty and which was foreseeable for EP at the time the warranty was given.
- EP shall be liable for losses caused by the breach of its primary obligations by EP, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of these Terms, which were decisive for the conclusion of these Terms and on the performance of which the consumer may rely. If EP breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by EP at the time the respective service was performed.
- Save in respect of liability for losses caused intentionally or with gross negligence and liability for death, personal injury or damage to health (bullets 1 and 2 above), EP total liability under these Terms is limited to the value of the relevant order or if none, then 250 Euros.
- EP shall be liable in accordance with the German Product Liability Act in the event of product liability.
- FOR THE AVOIDANCE OF DOUBT, ANY CONTRACTUAL OR STATUTORY WARRANTY THAT THE CONSUMER MAY BE ENTITLED TO AGAINST EP, THE SELLER OF THE PRODUCT OR ANY OTHER PERSON REMAINS UNAFFECTED.
3. Termination.
Instead of the Termination section of the Product Terms of Use, the following applies:
We reserve the right to terminate your right to the Products, Product Software and any licenses granted under these Terms if you are in material breach of these Terms, or any other terms or policies referenced herein. We will only terminate if, taking into consideration all circumstances and the interests of both parties, it would be unduly burdensome for us to continue the contractual relationship through the period of time until a termination for convenience would become effective. Unless such breach cannot be cured, we will provide a written request (e-mail being sufficient) to cure before terminating. Unless there are special circumstances which justify immediate termination (considering the interests of both parties), we will provide an appropriate amount of time to cure. We will only exercise this right within a reasonable amount of time after becoming aware of the breach.
Terms of Service
1. Modifications to Terms.
Instead of the third paragraph of the preamble of the Terms of Service, the following applies:
EP reserves the right to change or modify these Terms at any time and in our sole discretion. Such event would occur notably in cases of change of the law or change in our Services. If we make changes to these Terms, we will provide notice of such changes one month before it becomes effective, such as by sending an email notification, providing notice through the Services or our websites or mobile applications. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access and use our Services. Your continued use of Services after the effective date of the revised version of these Terms constitutes your acceptance of the revised version of these Terms. If you disagree with such modification, you may stop using our Services.
2. Limitation of Liability.
Instead of the Limitation of Liability section of the Terms of Service, the following applies:
EP shall be liable under these Terms only in accordance with the provisions set out below:
- EP shall be unrestrictedly liable for losses caused intentionally or with gross negligence by EP, its legal representatives or senior executives and for losses caused intentionally by other assistants in performance. In respect of gross negligence of other assistants in performance EP liability shall be as set forth in the provisions for simple negligence below.
- EP shall be unrestrictedly liable for death, personal injury or damage to health caused by the intent or negligence of EP, its legal representatives or assistants in performance.
- EP shall be liable for losses arising from the lack of any warranted characteristics up to the amount which is covered by the purpose of the warranty and which was foreseeable for EP at the time the warranty was given.
- EP shall be liable for losses caused by the breach of its primary obligations by EP, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of these Terms, which were decisive for the conclusion of these Terms and on the performance of which the consumer may rely. If EP breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by EP at the time the respective service was performed.
- Save in respect of liability for losses caused intentionally or with gross negligence and liability for death, personal injury or damage to health (bullets 1 and 2 above), EP total liability under these Terms is limited to the value of the relevant order or if none, then 250 Euros.
- EP shall be liable in accordance with the German Product Liability Act in the event of product liability.
- FOR THE AVOIDANCE OF DOUBT, ANY CONTRACTUAL OR STATUTORY WARRANTY THAT THE CONSUMER MAY BE ENTITLED TO AGAINST EP, THE SELLER OF THE PRODUCT OR ANY OTHER PERSON REMAINS UNAFFECTED.
Product Terms of Sale
1. Limitation of Liability.
Instead of the Limitation of Liability section of the Product Terms of Sale, the following applies:
EP shall be liable under these Terms only in accordance with the provisions set out below:
- EP shall be unrestrictedly liable for losses caused intentionally or with gross negligence by EP, its legal representatives or senior executives and for losses caused intentionally by other assistants in performance. In respect of gross negligence of other assistants in performance EP liability shall be as set forth in the provisions for simple negligence below.
- EP shall be unrestrictedly liable for death, personal injury or damage to health caused by the intent or negligence of EP, its legal representatives or assistants in performance.
- EP shall be liable for losses arising from the lack of any warranted characteristics up to the amount which is covered by the purpose of the warranty and which was foreseeable for EP at the time the warranty was given.
- EP shall be liable for losses caused by the breach of its primary obligations by EP, its legal representatives or assistants in performance. Primary obligations are such basic duties which form the essence of these Terms, which were decisive for the conclusion of these Terms and on the performance of which the consumer may rely. If EP breaches its primary obligations through simple negligence, then its ensuing liability shall be limited to the amount which was foreseeable by EP at the time the respective service was performed.
- Save in respect of liability for losses caused intentionally or with gross negligence and liability for death, personal injury or damage to health (bullets 1 and 2 above), EP total liability under these Terms is limited to the value of the relevant order or if none, then 250 Euros.
- EP shall be liable in accordance with the German Product Liability Act in the event of product liability.
- FOR THE AVOIDANCE OF DOUBT, ANY CONTRACTUAL OR STATUTORY WARRANTY THAT THE CONSUMER MAY BE ENTITLED TO AGAINST EP, THE SELLER OF THE PRODUCT OR ANY OTHER PERSON REMAINS UNAFFECTED.
2. Termination.
Instead of the Termination section of the Terms of Service, the following applies:
We reserve the right to terminate your right to the Services and any licenses granted under these Terms if you are in material breach of these Terms, or any other terms or policies referenced herein. We will only terminate if, taking into consideration all circumstances and the interests of both parties, it would be unduly burdensome for us to continue the contractual relationship through the period of time until a termination for convenience would become effective. Unless such breach cannot be cured, we will provide a written request (e-mail being sufficient) to cure before terminating. Unless there are special circumstances which justify immediate termination (considering the interests of both parties), we will provide an appropriate amount of time to cure. We will only exercise this right within a reasonable amount of time after becoming aware of the breach.