General Terms and Conditions and right of revocation
§ 1 Scope, Definitions
The following terms and conditions apply in the context of purchase agreements through the plattform www.everve.cc between everve, GbR with Andreas Wolfer, Stephan Wolfer, Goethestr. 86, 72461 Albstadt, Germany, Tel.: +49 (0) 7432 2032093, represented by Andreas Wolfer and Stephan Wolfer, USt-Identification No.: DE 293376456 – hereinafter “Supplier” – and the customers referred to in §2 of the contract – hereinafter referred to as “Customer”.
(1) For the business relationship between everve (hereinafter “Supplier”) and the customer (hereinafter “Customer”) the following General Terms and Conditions apply in their version valid at the time of ordering. Deviating general terms and conditions of the customer are not accepted, unless the supplier agrees to their validity in writing.
(2) The customer is a consumer, insofar as the purpose of the ordered deliveries and services cannot be attributed primarily to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal power which, when concluding the contract, acts in the exercise of its commercial or independent professional activity.
§ 2 Conclusion of the contract
(1) The customer may select products from the supplier’s product range, especially cycling clothing, and collect them via the “to the shopping cart” button in a so-called shopping cart. By using the button “Order with payment” he submits a binding application for the purchase of the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual terms and conditions by ticking the box “GTC and right of revocation” and has thereby included them in his application.
(2) The supplier then sends the customer an order receipt/acceptance declaration (order confirmation) by e-mail, through which the contract is concluded. In this declaration of acceptance, the customer’s order is listed again and the customer can print it out using the “Print” function. In this e-mail, the contract text (consisting of order, GTC and order confirmation) is sent by us to the customer on a permanent data carrier (contract confirmation). The text of the contract is stored in compliance with data protection.
(3) The contract is concluded in German.
§ 3 Delivery, Availability of Goods
(1) Delivery times specified by us are calculated from the time of our order confirmation, provided that the purchase price is paid in advance. If no or no different delivery time is specified for the respective goods in our online shop, it is 5 days.
(2) If the products selected by the customer are not available at the time of ordering, the supplier shall inform the customer immediately in the order confirmation. If the product is permanently not available, the supplier refrains from a declaration of acceptance. A contract is not concluded in this case.
(3) If the product selected by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer immediately in the order confirmation.
(4) The following delivery restrictions exist: The supplier only delivers to customers who can provide a delivery address in Europe.
§ 4 Retention of title
Until full payment has been made, the delivered goods remain the property of the supplier.
§ 5 Prices and shipping costs
(1) All prices stated on the supplier’s website are inclusive of the applicable value added tax.
(2) The corresponding shipping costs are given to the customer in the ordering process and are to be borne by the customer, insofar as the customer does not exercise his right of withdrawal. The shipping costs can also be accessed via the “Shipping / Payment” page in the footer of the website www.everve.cc.
(3) The goods are dispatched by post. The shipping risk is borne by the supplier if the customer is a consumer.
(4) In the event of the exercise of the statutory right of withdrawal applicable to consumers, it is agreed that the customer shall bear the regular costs of the return if the customer has not yet made the consideration or a contractually agreed partial payment at the time of revocation, unless the delivered goods do not correspond to the ordered goods.
§ 6 Payment
(1) The customer can make the payment by SOFORT bank transfer, Paypal, credit card, direct debit, advance payment or cash on delivery. The terms and conditions for payment and delivery can be found under the “Shipping / Payment” page, which is indicated in the footer of the website www.everve.cc.
(2) Payment of the purchase price is due immediately upon conclusion of the contract.
§ 7 Warranty of material defects, general warranty
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular Section 434 et seq. BGB. The warranty period for goods delivered by the supplier is 12 months for entrepreneurs.
(2) An additional guarantee exists for the goods delivered by the supplier only if this has been expressly provided in the order confirmation for the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer arising from the injury of life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages, which are based on an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the supplier shall only be liable for the foreseeable damage typical of the contract if it was caused simply by negligence, unless it is a claim for damages by the customer arising from injury to life, body or health.
(3) The limitations of paragraphs 1 and 2 also apply in favour of the legal representatives and vicarious agents of the supplier, if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the supplier fraudulently concealed the defect or provided a guarantee for the quality of the goods. The same applies if the supplier and the customer have concluded an agreement on the nature of the item. The provisions of the Product Liability Act remain unaffected.
§ 9 Revocation Instruction
(1) When concluding a distance sale, consumers generally have a statutory right of withdrawal, about which the supplier informs below in accordance with the legal model. Paragraph (2) contains a sample withdrawal form.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not a carrier, has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us, the everve, GbR with Andreas Wolfer, Stephan Wolfer, Goethestr. 86, 72461 Albstadt, Germany, Tel.: +49 (0) 7432 2032093, email: firstname.lastname@example.org, by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory.
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 revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the low-cost standard delivery offered by us), without undisclosed and at the latest within fourteen days from the day on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment.
We may refuse the refund 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 immediately and in any case no later than fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You 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 checking the nature, characteristics and functioning of the goods.
(2) The supplier informs about the model withdrawal form in accordance with the statutory provisions as follows:
Sample withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
To everve, GbR with Andreas Wolfer, Stephan Wolfer, Goethestr. 86, 72461 Albstadt, Germany, Email: email@example.com
I/we (*) hereby revoke the contract concluded by me/us (*)
about 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 the consumer(s) (only in case of communication on paper)
§ 10 Final clause
(1) The law of the Federal Republic of Germany shall apply to contracts between the supplier and the customer to the exclusion of the UN Convention on Contracts for the Sale of Goods. The legal provisions restricting the choice of law and the applicability of mandatory provisions in any case. of the State in which the customer is habitually resident as a consumer shall remain unaffected.
(2) Insofar as 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 supplier is the registered office of the supplier.
(3) The contract remains binding even in the event of legal ineffectiveness of individual points in its remaining parts. The statutory provisions shall replace the ineffective points where available. However, insofar as this would constitute an unreasonable hardship for a Contracting Party, the contract will become ineffective as a whole.
As of March 2020