Terms & Conditions

Terms and conditions

evena onlineshop GmbH

1. Scope of these Terms and Conditions

These Terms and Conditions (GTC) apply to all contracts concluded with the evena onlineshop GmbH. The general terms and conditions apply to business owners and consumers.

 

Consumer within the meaning of the German Civil Code (BGB) and in the sense of these General Terms and Conditions shall mean any natural person who enters into a legal transaction for a purpose that can be attributed neither commercial nor their independent vocational activity.

 

Business ownwers within the meaning of the German Civil Code (BGB) and in the sense of these General Terms and Conditions is a natural or legal person or a legal partnership, in concluding a legal transaction in their commercial or independent professional activity.

 

2. Any conflicting Terms and Conditions

Conflicting General Terms and Conditions is hereby excluded. We enter into contracts with companies on the basis of these terms and conditions. With an inclusion of conflicting general terms and conditions of business owners which we do not agree.

 

3. Conclusion of contract

The presented products in our online shop are not a binding offer in the legal sense, but an invitation to our customers to make us an offer.

 

By sending the order data at the end of the ordering process, the customer makes an offer to conclude a purchase contract. The evena onlineshop GmbH will confirm the receipt of the order immediately. Confirmation of the receipt of the order does not constitute acceptance of the offer to conclude a purchase contract, however it can be connected to a declaration of acceptance.

 

The adoption by the evena onlineshop GmbH is done by a declaration of acceptance or implied by shipping the goods.

 

4. Restriction

We reserve the right to provide the same quality and price product or service.

We reserve further, not to perform as promised in the event of non-availability.

To this reservation we are acc. § 312c Abs. 1 BGB i.V.m. Art. 246 § 1 para. 1 no. 6 of the Introductory Act to the Civil Code required by law (BGB).

 

5. Correcting handling errors

We provide appropriate, effective and accessible technical means, to help you to identify and correct input errors before placing an order. Your order will be ready in a "shopping cart". You always have the opportunity to correct the in the "shopping cart" mapped orders before their final dispatch. You can do this either by a termination of the order process (closing the browser window) accompanied dealing with a new ordering process. You can change the entries, even using the apparent correction functions ("trash"), remove the goods from the virtual shopping cart, add other goods or to change the quantity of the goods ordered.

 

6. Storage of a Contracting Text

We do not store a contract text. We only recorded electronically the order information. Based on that information we explain the acceptance of the contract by a declaration of acceptance or implied by shipping the goods.

 

7. For the conclusion of the contract available languages

The contract is available in German and English language.

 

8. Codes of Conduct

The evena onlineshop GmbH is not subject to relevant codes of conduct.

 

9. Right of withdrawal

Consumer have the right of withdrawal based on ³ 312 d BGB/ § 355 BGB.

 

In case of missing or not correct information about the right of withdrawal, the rigt of withdrawal extends to twelfe month after ending the 14 days period

.

You have the right to withdraw from this contract within 14 days without giving any reason.

 

The withdrawal period will expire after 14 days from the day following the day on which you acquire, or a third party

other than the carrier and indicated by you acquires, physical possession of the last good.

 

To exercise the right of withdrawal, you must inform us (evena onlineshop GmbH, Bödekerstr.69, D-30161 Hannover, Telefax: 0049-511-35399610, Email: info@evena.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can also use the model form such as this can be found here.

 

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

 

Effects of withdrawal

 

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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

 

You shall send back the goods or hand them over to us (evena onlineshop GmbH, Bödekerstr. 69, D-30161 Hannover, Telefax: 0049-511-35399610, Email: info@evena.de), without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will pay the cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is proper to establish the nature, characteristics and functioning of the goods.

 

10. Warranty claims

You have all warranty claims to unrestricted, as they resulting from the German Civil Code (BGB). In case of defectiveness of the goods you can ask for the removal of the defect or the delivery of a defect-free item especially as fulfillment of your choice.

 

 

 

 

11. Shipping conditions

The delivery of the products is generally against payment in advance, payment by Paypal, bank transfer or credit card , unless otherwise agreed with the customer.

 

12. Retention of ownership

With regard to consumers, we reserve ownership of the goods sold until full payment of the purchase price. Compared with companies we retain ownership of the goods sold until full payment of all claims from the current business relationship.

 

13. 10-year return policy (money back guarantee)

Independent of the entitled Withdrawal, the evena onlineshop GmbH offers for the period of 10 years a return policy. Your statutory right of withdrawal in accordance. § 312 BGB in connection with § 355 BGB is independent thereof.

 

During a period of 10 years you can return a purchased product - also partially used, but not visibly spent. The returncase is based on skin intolerances. In this case you will get refund the full purchase price (money-back guarantee). The cost of this scheme after possible product return (return costs, etc.) will be paid from you. The 10-year period begins with the delivery of the product purchased from you. Please note that we can not refund products which were visibly consumed by the end, as this is not suggesting a bad buy or intolerance.

 

The purchase price will be refunded within 14 days from receipt of the returned goods to us. Once the returned goods have been received by us, you will receive a preliminary confirmation with notification of receipt date so that you have reliable knowledge of the receipt of the goods by us and by the time of receipt. This message we convey to you in text form. For your and our safety is made a photo documentation of the returned goods for the manufacturer, if the case of the return is based on a skin intolerance. The product is sent for review to the manufacturer.

 

If you send us back the items you purchased from us, we are pleased if you tell us the reason for the skin intolernance.

 

14.  Prohibition of setoff 

Summation is excluded, unless the counterclaims are legally binding determined or accepted by us. With an undisputed or legally established claim the summation is fully restricted.

 

15. Jurisdiction

In contracts with consumers, the jurisdiction rules of the German Code of Civil Procedure (ZPO) apply, whose scope is not limited by these Terms and Conditions.

 

If our customer is a merchant, a legal entity under public law or a public special asset,  the place of all jurisdiction for all disputes arising from this contract is Hannover.