General Terms and Conditions and Customer Information

 

I. General Terms and Conditions

 

§ 1 Basic Provisions

 

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Evoni GmbH) via the website https://evoni.de/. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby rejected.

 

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

 

§ 2 Conclusion of Contract

 

(1) The subject of the contract is the sale of goods.

 

(2) By placing the respective product on our website, we make a binding offer to you to conclude a contract via the online shopping cart system under the conditions specified in the item description.

 

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.

After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

 

If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofortüberweisung) as a payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider.

If you are redirected to the respective instant payment system, you make the corresponding selection or entry of your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

 

Before submitting the order, you have the option to review the information in the order overview again, change it (also using the "back" function of the internet browser) or cancel the order.

By submitting the order via the corresponding button ("order with obligation to pay" or similar designation), you legally declare your acceptance of the offer, whereby the contract is concluded.

 

(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

 

§ 3 Special agreements on offered payment methods

 

(1) Payment via Klarna

In cooperation with Klarna Bank AB (publ) (https://www.klarna.com/de/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case:

 

Invoice: The payment period is 14 days from the dispatch of the goods/tickets or, for other services, the provision of the service. You can find the complete invoice terms for the countries in which this payment method is available here: Germany (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice). The use of the payment methods invoice and/or instalment purchase and/or direct debit requires a positive credit check. In this respect, we forward your data to Klarna as part of the initiation of the purchase and the processing of the purchase contract for the purpose of address and credit assessment. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

Further information and Klarna's terms of use can be found here (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user). General information about Klarna can be found here (https://www.klarna.com/de/). Your personal data will be treated by Klarna in accordance with applicable data protection regulations and as stated in Klarna's data protection regulations (https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy).

Further information about Klarna can be found here (https://www.klarna.com/de/smoooth-mehrzuklarna/). The Klarna App can be found here (https://www.klarna.com/de/klarna-app/).

 

(2) SEPA direct debit (basic and/or corporate direct debit)

When paying by SEPA basic direct debit or SEPA corporate direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.

The period for transmitting the pre-notification (pre-notification) is shortened to 5 days before the due date. You are obliged to ensure sufficient funds in the account by the due date. In the event of a chargeback due to your fault, you must bear the resulting bank fee.

 

§ 4 Right of Retention, Retention of Title

 

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

 

(2) The goods remain our property until full payment of the purchase price.

 

(3) If you are an entrepreneur, the following also applies:

 

a) We reserve title to the goods until all claims arising from the ongoing business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted before title to the reserved goods has passed.

 

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You remain authorized to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

 

c) In the event of combination or mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

 

d) We undertake to release the securities due to us at your request to the extent that the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

 

§ 5 Warranty

 

(1) Statutory liability rights for defects exist.

 

(2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of complaints as quickly as possible. Failure to do so will not affect your statutory warranty claims.

 

(3) If you are an entrepreneur, the following applies deviating from the above warranty regulations:

 

a) Only our own specifications and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.

 

b) In the event of defects, we shall provide a warranty, at our discretion, by repair or replacement delivery. Should the rectification of defects fail, you may, at your option, demand a reduction or withdraw from the contract. The rectification of defects is deemed to have failed after the second unsuccessful attempt, unless something else arises, in particular from the nature of the item or the defect or other circumstances. In the case of rectification, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, unless the movement corresponds to the intended use of the goods.

 

c) The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

 

for damages culpably caused by us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;

if we maliciously concealed the defect or guaranteed the quality of the item;

for items that have been used for a building in accordance with their usual use and have caused its defectiveness;

for statutory recourse claims that you have against us in connection with defect rights.

§ 6 Choice of Law, Place of Performance, Jurisdiction

 

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).

 

(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, insofar as you are not a consumer, but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual residence is unknown at the time the action is brought. The right to appeal to the court at another statutory place of jurisdiction remains unaffected.

 

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

 

II. Customer Information

 

Identity of the Seller

Evoni GmbH

Bremer Straße 19a

44135 Dortmund

Germany

Phone: 017640238833

E-mail: info@evoni.de

 

Alternative Dispute Resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).

 

Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).

 

Contract language, storage of contract text

3.1. The contract language is German.

 

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. After receipt of the order by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

 

Codes of Conduct

4.1. We have subjected ourselves to the Buyer Seal quality criteria of Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf (https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf).

 

4.2. We have subjected ourselves to the code of honor of Trusted Shops GmbH, which can be viewed at: http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf (http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf).

 

Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

 

Prices and payment modalities

6.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components, including all applicable taxes.

 

6.2. The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and must be borne by you in addition, unless free shipping has been promised.

 

6.3. The payment methods available to you are shown under a correspondingly marked button on our website or in the respective offer.

 

6.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

 

Delivery conditions

7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly marked button on our website or in the respective offer.

 

7.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.

 

If you are an entrepreneur, delivery and shipment are at your risk.

 

Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

 

These General Terms and Conditions and customer information were created by the lawyers of Händlerbund specializing in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information here: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

 

Last updated: 27.10.2020