Terms and conditions for the purchase

These Terms and Conditions ("T&C") of evoli GmbH with the current address and commercial register details according to the imprint or its legal successor (hereinafter referred to as "Seller"), shall apply to all purchase contracts that consumers or entrepreneurs from the entire European Union ("Customers", each a "Customer") conclude with the Seller with regard to the goods presented by the Seller on the Internet trading platform www.evoli-shop.com ("Platform") ("Purchase Contracts", each a "Purchase Contract"). Terms and Conditions of the Customer shall only become part of the contract if the Seller expressly approves them in writing and not only in text form.

The T&C apply to consumers within the meaning of § 13 BGB (German civil code, “Bürgerliches Gesetzbuch”) and entrepreneurs within the meaning of § 14 BGB.

Subject matter of contract

The subject of the Purchase Contract is the sale of goods via the Platform by the Seller to Customers.

Conclusion of contract

The Customer can select products from the Seller's range and collect them in a so-called shopping cart via the button "add to shopping cart" or a similar button. The Customer submits an application for the conclusion of the Purchase Contract to the Seller with regard to the goods in the virtual shopping cart by creating a user account on the platform or by logging into his existing user account, accepting the T&C and using the online order form provided on the Platform by placing the selected goods in the virtual shopping cart, going through the electronic order process and clicking on the button concluding the order process ("Offer"). For the user account, the Customer provides, in addition to the master data, his e-mail address and a password ("Access Data").

The Seller shall then send the Customer an e-mail in which the Customer's order is listed again and which the Customer can print out using the "Print" function ("automatic acknowledgement of receipt"). The automatic acknowledgement of receipt merely documents that the Seller has received the Customer's order and does not constitute acceptance of the Offer.

The Purchase Contract shall only be concluded upon the Seller's submission of the declaration of acceptance, which shall be sent by a separate e-mail ("Declaration of Acceptance"). In this Declaration of Acceptance, the Seller sends the content of the contract (contract and T&C) to the Customer.

The Seller may accept the Customer's Offer within five days. The period for acceptance of the Offer shall commence on the day after the Customer dispatches the Offer and ends with the expiration of the fifth day which follows the dispatch of the Offer.

The Customer may correct its entries at any time prior to the binding submission of its Offer via the online order form. In addition, all entries are displayed in a confirmation window before the binding submission of the Offer. The Customer can also correct the information there.

Only the German and English languages are available for the conclusion of the contract.

Right of withdrawal

If the Customer is a consumer (i.e. a natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession), he shall be entitled to a right of withdrawal in accordance with the statutory provisions.

If the Customer, as a consumer, makes use of his right of revocation pursuant to section 4.1, he shall bear the regular costs of returning the goods.

In all other respects, the right of withdrawal shall be governed by the provisions set forth in detail in the following

Withdrawal information Right of withdrawal

As a consumer in the sense of § 13 BGB you have the right to withdraw from this contract within 14 (fourteen) days without giving any reason.

The withdrawal period is 14 (fourteen) days from the day on which you or a third party named by you, who is not a carrier, have or has taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us, evoli GmbH, Vadim Bogomolov, An der Industriebahn 12-16, Haus 415, 13088 Berlin, [enter telephone number and e-mail address] by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website www.evoli-shop.com. If you make use of this option, we will send you a confirmation of receipt of such withdrawal without delay (e.g. by e-mail).

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we shall reimburse you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal 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 because of this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us without undue delay and in any case no later than within 14 (fourteen) days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of 14 (fourteen) days.

You shall bear the direct costs of returning the goods.

You will 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 testing the condition, properties and functioning of the goods.

Model withdrawal form

(If you want to withdraw from the contract, please fill out and return this form.)

• To Evoli GmbH, An der Industriebahn 12-16, Haus 415, 13088 Berlin[insert here, if applicable, the fax number and e-mail address of the entrepreneur]:
• Herewith I/we (*) withdraw from 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 consumer(s) (only in case of paper communication)
• Date

Prices and terms of payment

Unless otherwise stated in the Seller's product description, the prices quoted are total prices, which include the statutory VAT applicable at the time. Any additional delivery and shipping costs will be indicated separately in the respective product description.

If the Customer makes the payment from a country outside the European Union, additional costs may be incurred, which shall be borne by the Customer.

The Customer has various payment options available to him, which are indicated in the respective product description.

Payment of the purchase price shall be due immediately upon conclusion of the contract. If the due date of payment is determined by the calendsar, the Customer shall already be in default by missing the date. In this case, he has to pay the Seller for the year default interest in the amount of 5 (five) percentage points above the basic rate of interest.

Payment shall be processed by external payment processors, which in this respect act on behalf of the Seller. The Customer may with debt-discharging effect pay directly to the payment processors. The latter have a corresponding power of attorney to receive money. The external payment processors are Stripe Inc., 354 Oyster Point Boulevard, South San Francisco, California, 94080, USA as operator of the Internet trading platform www.stripe.com and PayPal (Europe) S.à r.l. et Cie, S.C.A.22-24 Boulevard Royal L-2449 Luxembourg as operator of the Internet trading platform www.paypal.com.

In this respect, the terms of use of the payment processor apply in addition, which can be viewed at https://stripe.com/de-us/legal/payment-terms and https://www.paypal.com/us/legalhub/home. For credit card payments we reserve the right to block the whole amount of your order on the credit card as soon as you sent us your order. If we do not receive an authorization of your credit card company, we will inform you that an alternative payment method should be used. Your credit card is charged as soon as we accepted your order.

Delivery and availability of goods

The delivery of goods shall be made by postal delivery to the delivery address specified by the Customer in the Offer. When selecting the payment methods PayPal and Stripe, if this payment method is available, the delivery address deposited by the Customer with PayPal at the time of payment shall be decisive, if this differs from the delivery address stated in the Offer.

If the transport company sends the shipped goods back to the Seller, because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful shipment. This does not apply if the Customer is not responsible for the circumstance which led to the impossibility of delivery, or if he was temporarily prevented from accepting the service offered, unless, the Seller had given him reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the delivery if the Customer effectively exercises his right of withdrawal.

Delivery times stated by the Seller shall apply from the time of the declaration of acceptance and, except for purchase on account, if available, the prior payment of the purchase price. If no or no deviating delivery time is indicated for the respective goods on the Platform, it shall be [number] days.

If, at the time of the Customer's offer, no items of the goods selected by the Customer are temporarily available, the Seller shall notify the Customer thereof without undue delay in the declaration of acceptance.

The following delivery restrictions exist: The Seller delivers only to Customers who have their habitual residence (billing address) in the European Union and provide a delivery address within the European Union.

Right of return

The Seller allows Customers to return goods purchased online within 30 days of receipt without giving any reason. A return label is enclosed with each package. It is sufficient to timely send it to the address indicated on the enclosed return label.

The shipping costs for returning the goods shall be borne by the Seller.

The extended right of return under 7.1 shall only apply if the returned goods are complete, in their original packaging, unused and undamaged. Where applicable, any seals must not have been opened or damaged.

After the receipt of the returned goods by the Seller and the positive verification of compliance with the described conditions, the Customer shall be refunded the full purchase price. Unless agreed otherwise, the refund shall be made to the payment method used by the Customer for the initial payment.

The statutory rights, in particular the warranty for material defects and liability rights as well as the 14-day statutory right of withdrawal remain unrestricted and independent of this voluntarily granted right of return.

Retention of title

Until full payment of the purchase price owed, the goods delivered shall remain the property of the Seller.

If the Customer is an entrepreneur, the Seller shall retain title to the delivered goods until all its claims arising from the business relationship with the Customer have been fulfilled.

In the event of processing of the delivered goods, the Seller shall be deemed to be the manufacturer and shall acquire ownership of the newly created goods. If the goods are processed together with other materials, the Seller shall acquire ownership in the ratio of the invoice value of its goods to that of the other materials. If, in the event of the Seller's goods being combined or mixed with an item belonging to the Customer, the latter is to be regarded as the main item, co-ownership of the item shall pass to the Seller in the ratio of the invoice value of the Seller's goods to the invoice value or, in the absence of such, to the market value of the main item. In such cases, the Customer shall be deemed to be the custodian.

The Customer may neither pledge nor assign by way of security any items subject to retention of title or reservation of rights. The Customer shall only be permitted to resell the goods in the ordinary course of business as a reseller on condition that the Customer has effectively assigned to the Seller his claims against his customers in connection with the resale and the Customer transfers title to his customer subject to payment. By concluding the contract, the Customer assigns his claims against his customers in connection with such sales to the Seller by way of security, and the Seller accepts this assignment at the same time.

Insofar as the value of the Seller's security interests exceeds the amount of the secured claims by more than 10 (ten) %, the Seller shall release a corresponding portion of the security interests at the Customer's request.

Warranty for material defects and liability towards consumers

The Seller shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 et seq. BGB.

The liability of the Seller for claims for damages of the consumer due to the defectiveness of the purchased goods and for other claims of the consumer which are not based on the warranty law under the law on the sale of goods (German “kaufrechtliches Gewährleistungsrecht”) shall be limited in accordance with § 10.

Warranty for material defects and liability towards entrepreneurs

Minor deviations in the color or quality of the goods due to production or raw materials shall not be considered material defects.

Material defects of the goods shall be reported in writing immediately, at the latest seven days after delivery. Material defects which cannot be discovered within this period even with the most careful inspection shall - with immediate cessation of any processing - be reported in writing immediately after discovery, at the latest before expiry of the agreed or statutory limitation period. In the event of an insignificant reduction in the value or suitability of the goods, liability for material defects shall be excluded. If goods have already been resold, processed or transformed, the Customer shall only be entitled to the right of reduction.

After an agreed acceptance of the goods by the Customer, the complaint of material defects which were detectable during the agreed type of acceptance shall be excluded. In the event of a justified complaint in due time, the Seller may, at its discretion, remedy the defect or deliver a defect-free item ("Cure"). In case of failure or refusal of the Cure, the Customer may reduce the purchase price or withdraw from the contract after setting and unsuccessful expiration of an appropriate deadline. If the defect is not significant, the Customer shall only be entitled to

the right of reduction.

If the Customer does not immediately give the Seller the opportunity to convince himself of the material defect, in particular if he does not immediately provide the rejected goods or samples thereof upon request, all rights due to the material defect shall lapse.

The Seller shall bear expenses in connection with the Cure only to the extent that they are reasonable in the individual case, in particular in relation to the purchase price of the goods, but in no case more than 150% of the value of the goods. Excluded are costs in connection with the installation and removal of the defective item, as well as costs incurred on the part of the Customer for the self-remedy of a defect, without the legal requirements for this being met. The Seller shall not be liable for expenses arising from the fact that the goods sold have been taken to a place other than the Customer's registered office or branch, unless this is in accordance with the contractual use.

Rights of recourse of the Customer pursuant to § 478 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) shall remain unaffected.

The Seller does not give any warranty for a specific purpose or a specific suitability of the goods, unless otherwise expressly agreed in writing; in all other respects, the risk of use and application lies exclusively with the Customer.

Liability towards entrepreneurs

If the Customer is an entrepreneur, the Seller shall be liable without any contractual limitation only for damages of the Customer:

- which are based on an intentional or grossly negligent breach of duty by the Seller or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Seller, - from injury to life, body or health, which are based on a negligent breach of duty by the Seller or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Seller, - which are based on a negligent breach of an essential obligation. Essential obligations are obligations whose breach jeopardizes the achievement of the purpose of the contract or whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies; as well as - within the scope of liability according to the provisions of the Product Liability Act (German Produkthaftungsgesetz), guarantees granted to the Customer or due to deceit by the Seller.

For damages caused by a simple negligent breach of a material obligation, the liability of the Seller shall be limited to the amount of the damage that is foreseeable and typical for the type of the respective transaction.

Any further liability of the Seller shall be excluded.

Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents of the Seller as well as to tort claims.

Statute of limitations

The limitation period for all warranty rights of the Customer shall be 12 (twelve) months, unless the Seller has unlimited liability pursuant to 9.1 and 11.1 from delivery of the goods.

Data protection and privacy

The protection of the Customer's personal data is very important to the Seller. The Seller therefore processes the Customer's data exclusively on the basis of the statutory provisions. To read the Seller's Privacy Policy, follow this link Privacy and Cookie Policy.

All personal data of the Customer received by the Seller shall be processed by the Seller under its own responsibility and on the basis of the applicable data protection and security regulations. The Seller shall not assume any liability in this respect.

Arbitration proceedings

The Seller shall participate in the arbitration proceedings of the Consumer Arbitration Board at the following address:

General Consumer Arbitration Board of the Zentrum für Schlichtung e.V.
Straßburger Straße 8,
77694 Kehl am Rhein,
Germany
Phone +49 78 51 - 795 79 40
Fax +49 78 51 - 795 79 41
mail@verbraucher-schlichter.de
www.verbraucher-schlichter.de

The parties agree that German shall be the language of the arbitration proceedings.

The European Commission has developed an online dispute resolution platform to help parties resolve contractual disputes related to customer's online purchase easily, quickly and inexpensively out of court. It can be found at http://ec.europa.eu/odr.

Communication

Unless otherwise specified in the T&C, the communication channels accepted by the Seller for contact by the Customer are emails and, if available, chat via the Platform.

The Customer shall ensure its availability under the email address specified in his user account from the moment of registration. The Customer must immediately notify the Seller in text form (e.g. by email) of any misuse, suspicion or loss of the Access Data.

The Customer must respond to the Seller's inquiries without undue delay.

Changes to the T&C

The Seller shall be entitled to make effective amendments to the T&C and the Purchase Contract, which:

- correct obvious errors or omissions - concern descriptive provisions, insofar as the underlying circumstances have changed, - serve the purpose of clarification or elucidation or are otherwise of an editorial nature, or - are not disadvantageous to the Customer from a legal or factual point of view. This includes in particular the introduction of further free services.

The Seller shall notify the Customer of such changes by e-mail.

The Seller shall offer to the Customer changes to the Purchase Contract other than those specified in Section 16.1 or elsewhere in the T&C. The changes shall be notified to the Customer by e-mail. If the Customer does not object within a period of 6 (six) weeks, the changes shall be deemed approved. The receipt of the objection by the Seller shall be decisive for compliance with the objection period by the Customer. The Seller shall inform the Customer by e-mail of the new provisions and the date on which they come into force and shall point out the objection period and the consequences of failure to comply with the objection period. The objection period shall commence upon receipt of this e-mail by the Customer.

Intellectual property

Any copyrighted material, e.g. photos, videos, design work and individual texts, created by the Seller shall remain the sole and exclusive property of the Seller. The Customer may not generally use such content without the express permission of the Seller. The Seller may grant licenses for the use of copyrighted material on an individual basis and to the exclusion of any use in violation of this contract and against payment of a reasonable license fee. To the extent available, the license fee shall be based on rates customary in the industry. It shall be determined in the individual case on the basis of the scope of the desired use outside the Platform.

Miscellaneous

The law of the Federal Republic of Germany shall apply excluding the UN Convention on Contracts for the International Sale of Goods, unless, insofar as the Customer is a consumer, mandatory provisions of another European country in which the Customer has its habitual residence apply.

If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller shall be the registered office of the Seller.

Should individual provisions of the T&C be or become invalid or should the Purchase Contract unintentionally contain loopholes, this shall not affect the validity of the T&C or the Purchase Contract in other respects, unless this would cause unreasonable hardship for one of the parties. The invalid clauses shall be replaced by the statutory provisions, if such exist. In the event of unintended loopholes in the contract, the parties shall supplement the agreement with a legally valid provision that corresponds to the purpose and content of the contract.