Conditions of Use and Sale Adevi – Glassandinterlayers

Last updated on 25.08.2023

Adevi GmbH & Co KG and/or their affiliates (“Adevi Services or Glassandinterlayers”) provide website features and other products and services to you when you visit or shop at Glassandinterlayers.com (the “website”), use Adevi products or services, use Adevi applications for mobile, or use software provided by Adevi in connection with any of the foregoing (collectively “Adevi Services”). Adevi provides the Adevi Services and sells our products to you subject to the conditions set out on this page.

Conditions of Use

Please read these conditions carefully before using Adevi Services. By using Adevi Services, you signify your agreement to be bound by these conditions. We offer a wide range of Adevi Services, and sometimes additional terms may apply. When you use an Adevi Service (for example Your Account, Gift Cards or Adevi applications for mobile), you will also be subject to the terms, guidelines and conditions applicable to that Adevi Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

1 ELECTRONIC COMMUNICATIONS

When you use any Adevi Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Adevi Services, such as our Message Center. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

2 RECOMMENDATIONS AND PERSONALISATION

As part of the Adevi Services, we will recommend features, products, and services, including third part ads that might be of interest to you, identify your preferences, and personalize your experience.

3 COPYRIGHT, AUTHORS’ RIGHTS AND DATABASE RIGHTS

All content included in or made available through any Adevi Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Adevi or its content suppliers and is protected by international copyright, authors’ rights and database right laws. The compilation of all content included in or made available through any Adevi Service is the exclusive property of Adevi and is protected international copyright and database right laws.

You may not extract and/or re-utilize parts of the content of any Adevi Service without our express written consent. You may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of the content of any Adevi Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Adevi Service (e.g. our prices and product listings) without our express written consent.

4 TRADEMARKS

Send us a written notice to see a list of Adevi trademarks.

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Adevi Service are trademarks or trade dress of Adevi. Adevi’s trademarks and trade dress may not be used in connection with any product or service that is not Adevi’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Adevi. All other trademarks not owned by Adevi that appear in any Adevi Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Adevi.

5 LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Adevi or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Adevi Services. This license does not include any resale or commercial use of any Adevi Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Adevi Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use, or any Service Terms are reserved and retained by Adevi or its licensors, suppliers, publishers, rights holders, or other content providers. No Adevi Service, nor any part of any Adevi Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.

You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Adevi without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Adevi’s names or trademarks without our express written consent.

You may not misuse the Adevi Services. You may use the Adevi Services only as permitted by law. The license to use Adevi Services granted by Adevi terminate if you do not comply with these Conditions of Use or any Service Terms.

6 YOUR ACCOUNT

You may need your own Adevi account to use certain Adevi Services, and you may be required to be logged into the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Log-In onto your account to manage your payment options.

If you use any Adevi Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your mobile devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access and update much of the information you have provided us with, including your account settings, in your account area of the website.

You must not use any Adevi Service: (1) in any way that causes, or is likely to cause, any Adevi Service, or any access to it to be interrupted, damaged or impaired in any way, or (2) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (3) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse any Adevi Services or terminate accounts if your behavior gives justified reason to do so. This will in particular be the case if you are in breach of applicable laws, applicable contractual provisions, our guidelines or our policies, which are all accessible on the website. Notwithstanding any such limitation or termination, you will continue to have access to content, and services purchased by you up to that point.

7 REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, constitute a communicative attack against children/adolescents, impair the personal integrity of children/adolescents, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right to remove or edit such content. If you believe that your intellectual property rights are being infringed by an item or information on any Adevi Service, please notify us in written form and we will respond.

If you post content or submit material, and unless we indicate otherwise, you grant: (a) Adevi a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Adevi, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Adevi including the execution of deeds and documents, at our request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (1.) the content and material is accurate; and (2.) use of the content and material you supply does not breach any applicable policies or guidelines of Adevi and will not cause injury to any person or entity (including that the content or material is not defamatory and does not impair the personal integrity of children/adolescents). You agree to indemnify Adevi for all claims brought by a third party against Adevi arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us.

8 INTELLECTUAL PROPERTY CLAIMS

Adevi respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our information of Rights Infringements.

This process is intended for use by rights owners and their agents to notify Adevi of alleged infringements such as copyright and trademark concerns. If you are not a rights owner or their agent, Adevi will not be able to process complaints submitted through this form. Please report your concerns to Adevi by written notice through the appropriate venue:

  • Sellers may use this email address: info@adevi.com to report inappropriate listings, other sellers, policy violations, etc.
  • Buyers may use this email address: info@adevi.com to report problems with orders, seller policy violations, etc.

We Do Not Enforce

Product detail page ownership and image restrictions: When a product detail page is created, it becomes a permanent catalogue page on Adevi that will remain even if the creator’s inventory sells out. Additionally, when you add your copyrighted image to a product detail page, you grant Adevi and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right to exercise all rights of publicity over the material.

Other sellers can list their items for sale against pages or copyrighted images that you have used. However, we do require sellers to list only against product detail pages that exactly match their items. If you believe sellers are listing against product detail pages that do not exactly match their items, we ask that you report the violation directly by using the following email address: info@adevi.com.

If your copyrighted image has been added to our catalogue without your consent, please start a report.

Exclusive or selective distribution: Adevi respects a manufacturer’s right to enter into exclusive distribution agreements for its products. However, violations of such agreements do not constitute intellectual property rights infringement. As the enforcement of these agreements is a matter between the manufacturer and the retailers, it would not be appropriate for Adevi to assist in enforcement activities.

9 OTHER BUSINESS

Parties other than Adevi operate stores, provide services, or sell product lines on this website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Unless explicitly stated otherwise in these Conditions of Use, the below Conditions of Sale or the Service Terms, Adevi does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.

10 THIRD PARTY SELLERS AND Adevi’s ROLE

Adevi allows third party sellers to list and sell their products at Glassandinterlayers.com. In each such case this is indicated on the respective product detail page. While Adevi helps facilitate transactions that are carried out on the Adevi/Glassandinterlayers Marketplace, Adevi is neither the buyer nor the seller of the seller’s items. Adevi provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third-party products is solely between buyer and seller. Adevi is not a party to this contract nor assumes any liability arising out of or in connection with it nor is it the seller’s agent. Except stated below in this section, the third-party seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.

If the third-party seller’s items are indicated as fulfilled by Adevi, Adevi will manage the delivery and our customer service will handle any issue related to the order.

If the third-party seller’s items are not indicated as Fulfilled by Adevi the seller will manage the delivery of your order. The seller will also handle any customer services inquiries, except if it is indicated that customer service is provided by Adevi.

Ordering from a Marketplace Seller

Marketplace sellers are independent businesses or individual sellers who offer a selection of products in new, used, reconditioned and collectible conditions.

Buying From a Marketplace Seller

  • A “business” seller is someone who offers products on Glassandinterlayers in the context of their commercial or professional activity.

While Adevi helps facilitate transactions that are carried out on the Glassandinterlayers Marketplace, Adevi is neither the buyer nor the seller of the seller’s items. The contract formed at the completion of a sale for these third- party products is only between buyer and seller. Adevi is not a party to this contract.

The steps to place an order with a Marketplace Seller are the same as placing any other order at glassandinterlayers.com. We’ll send your funds to the Marketplace Seller but won’t share payment information.

Note: Never transfer money directly to a seller. Only send payment to a seller through Glassandinterlayers.com. Any request to make a payment outside of Adevi/Glassandinterlayers.com (e.g. Moneygram, Western Union, bank transfer) is fraudulent. If a seller asks you to transfer money directly to them, don’t place the order and report the incident to info@adevi.com and we will take care.

Because we’re not directly involved in the completion of sales arranged with these Sellers, you’ll need to contact the Marketplace Seller directly if:

  • You need to ask about an item they have for sale on Glassandinterlayers.com.
  • You want to know when your order will be shipped and delivered.
  • Your order doesn’t arrive by the estimated delivery date.
  • An item you received arrived damaged or becomes defective within 90 days.
  • The item you received is different to the listed item.

Sellers try to ensure that stock is available for delivery. Sometimes, a listed item will no longer be available by the time you place an order. We require sellers to keep these stock issues to a minimum.

We don’t permit the sale of counterfeit goods. If you receive a Marketplace item that you believe to be counterfeit, contact info@adevi.com. We’ll investigate every reported instance of the sale of suspected counterfeit goods.

These International Shipping Terms & Conditions apply if you purchase products on Adevi/Glassandinterlayers.com for shipment to delivery addresses outside of Germany (“products”). Each product is sold and shipped by Adevi or sold by a third-party seller and either fulfilled by Adevi or shipped by the third party seller. These terms and conditions apply in addition to Adevi’s Condition of Use and Sales and any other applicable terms and policies which govern the sale of the products. For products sold and fulfilled by third party sellers, please consult the seller’s terms and policies. In case of conflict between these International Shipping Terms & Conditions and Adevi’s Conditions of use and sale, these terms will prevail.

International (Global) Shipping

1. Compliance with Applicable Laws

When ordering from Adevi, you must comply with all applicable laws and regulations of the destination to which your products are being delivered (“destination”). You are also responsible for assuring that your products may be lawfully imported into the country of importation.

2. Transfer of Title and Risk of Loss

Title and risk of loss for the products transfer to you as soon as the product is delivered to the first carrier outside of the country of importation.

3. Import Fees

Products shipped outside of Germany may be subject to taxes, customs duties, and fees charged by the authorities of the country of importation (“Import Fees”). For products sold by Adevi to Export or sold by third party sellers and fulfilled by Adevi you are responsible for paying all Import Fees and Adevi will estimate the Import Fees (if any) and collect a deposit from you at checkout (“Import Fees Deposit”). By placing your order, you authorize Adevi Export to collect the Import Fees Deposit.

You are the person responsible for the import clearance of products shipped outside of Germany (“importer of record”), unless the laws of the country of importation require that someone else serves as the importer of record. In that case, you authorize Adevi or the third-party seller (if applicable) to designate an importer of record. You also authorize Adevi or the third party seller (if applicable) to designate a carrier (“Designated Carrier”) to act as your direct or indirect representative/agent with the relevant customs, postal, and tax authorities, to clear your products, to process and pay on your behalf any Import Fees charged for your products (“Actual Import Fees”), and to process any amendments, invalidations, or duty refunds or remissions related to the importation of your products. Any Import Fees Deposit will be used to reimburse the Designated Carrier for Actual Import Fees.

You agree that the Designated Carrier may disclose to Adevi the amount of Actual Import Fees for the products purchased from Adevi or fulfilled by Adevi. If the Import Fees Deposit collected by Adevi is greater than the Actual Import Fees, Adevi will refund the difference to you. You will not be charged any additional amount if the Actual Import Fees are higher than the Import Fees Deposit collected by Adevi. Following shipment of your order, you may contact the Designated Carrier specified in your shipment confirmation to obtain details regarding the Actual Import Fees, or to obtain documentation or receipts in connection with customs clearance.

4. Gifts

In the case of gifts or other purchases made on behalf of another recipient, you also agree to secure and grant the applicable authorizations, including payment of Import Fees, on behalf of the recipient designated in your order. Products shipped as gifts will be marked as such, but the cost of the products may be stated on the customs forms.

5. Value-Added and Sales and Use Taxes

Adevi or the third-party seller (if applicable) may collect taxes on orders shipped internationally, including value-added, goods and services, and sales and use taxes.

6. Limitations

For products shipped internationally, please note that:

  • manufacturer warranties may not be valid.
  • manufacturer service options may not be available in the destination.
  • product manuals, instructions, and safety warnings may not be provided in the destination language.
  • the products (and accompanying materials) may not be designed in accordance with standards, specifications, and labeling requirements in the destination.
  • the products may not conform to voltage and other electrical standards of the destination (and may require the use of an adapter or converter).

7. Privacy

Adevi or the third-party seller (if applicable) may provide certain order, shipment, and product information to the Designated Carrier, which may share this information with customs, postal, and tax authorities. International shipments are subject to opening and inspection by customs and/or postal authorities.

8. Miscellaneous

Nothing in these International Shipping Terms & Conditions is intended to exclude, restrict or modify any non-excludable right or remedy you have under applicable law.

11 OUR LIABILITY

We will do our utmost to ensure that availability of the Adevi Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Adevi Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Adevi is liable without limitation if damage is caused by an intentional or gross negligent breach of duty by Adevi or one of its legal representatives or vicarious agents.

In addition, Adevi is liable for slight negligent breach of essential obligations. Essential are those obligations the breach of which puts at risk the achievement of the contractual purpose, or the performance of which enables the fulfillment of the contract and is regularly trusted on by you. In this case, Adevi however is only liable for foreseeable damage typical of the contract. Adevi is not liable for slight negligent breach of any other obligations than those mentioned in the previous sentences.

The limitations of liability do not apply for damages from injury to life, body or health, for a defect after a guarantee for the condition of the product of for fraudulently concealed defects. The liability under the German Product Liability Act remains unaffected.

To the extent the liability of Adevi is excluded or limited, such exclusion or limitation also applies to the employees, legal representatives or vicarious agents of Adevi.

12 APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of Germany, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the district of Zweibrücken, Germany, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in Germany or in the EU country in which you live. We prefer to solve your requests in direct contact with you and therefore do not participate in alternative consumer dispute resolution proceedings. If you would like to bring a matter to our attention, please contact us at: info@adevi.com.

13 EXPORT CONTROLS

You agree that you will not export, re-export, or transfer any products that you have purchased on the website to any country, individual, corporation, organization, or entity to which such export is restricted or prohibited by law. For example, economic sanctions and embargoes imposed by the European Union, the United Nations, US Departments of State, Treasury or Commerce, and other government authorities (such as embargoes imposed on specific countries, or economic sanctions imposed on individuals or companies for terrorism or money laundering offences) may prohibit you from taking products to other countries, even for your own personal use, and/or sending products (whether physically by mail or digitally via email or file-sharing) to particular individuals, corporations, organizations or entities. In addition, you agree that you will not purchase any product or service from the website if you are subject to restrictive measures (sanctions).

14 ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE

You will be subject to the Adevi Services, policies, terms and conditions including these Conditions of Use, and Service Terms in force at the time that you use the Adevi Services. If you should have an Adevi/Glassandinterlayers account, and provided that such change does not constitute an unfair disadvantage for you, we may change the policies, terms and conditions including these Conditions of Use and Service Terms, or any part of it, at any time for the following reasons: for legal or regulatory reasons; for security reasons; to enhance existing features or add additional features to our Services; to reflect advancements in technology; to make reasonable technical adjustments to our Services; and to ensure the ongoing operability of our Service. If we make changes, we will inform you in due time and remind you of your rights. You will keep the possibility to cancel your Adevi account at any time. If any change is found invalid or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. Notwithstanding, we reserve the right to make changes to any Adevi Services at any time.”

15 WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

15 CHILDREN

We do not sell products for purchase by children.

17 OUR CONTACT DETAILS

The website www.glassandinterlayers.com is owned and maintained by Adevi GmbH & Co KG.

For Adevi GmbH & Co KG:

Adevi GmbH & Co KG

Jahnstraße 4

66955 Pirmasens

Germany

Handelsregister Zweibrücken HRA 23649

Germany VAT Registration Number: DE 814186908