General terms and conditions of business
§1 Scope
The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between Markement GmbH, Steinenbronn (hereinafter EVITA) and the customer.
EVITA does not accept any deviating terms and conditions of the customer unless EVITA has expressly agreed to their validity in writing. EVITA is a trade name of Markement GmbH,.
§2 Conclusion of contract
§2.1 Our product presentation in the EVITA online shop merely represents a non-binding invitation to you to order goods from us.
§2.2 By submitting your order, you submit a binding offer to conclude a purchase contract.
§2.3 Our acceptance of the offer occurs through delivery of the goods. The automatically generated order confirmation email does not constitute acceptance of the offer, but merely documents that we have received the order. The decision as to whether we accept an order is at our sole discretion. If we do not fulfill an order, we will notify you immediately.
§2.4 If, during the processing of your order, we discover that the products you ordered are unavailable, you will be notified by email. A contract for the unavailable goods will not be concluded.
§2.5 We sell our goods exclusively to end consumers who are 18 years of age or older and only in commercially available quantities.
§3 Free return option
§3.1 Regardless of your statutory right of withdrawal, we voluntarily give you the opportunity to return any products you have purchased from us. You may then return all items purchased from the EVITA online shop to us free of charge within 30 days of receipt, without giving any reason, using the return postage label enclosed with the shipment and the return slip, provided the goods are complete, unused, and undamaged. Free returns, including the return label, are only valid within Germany. For returns from other countries, you are responsible for the return shipping costs. Only an inspection of the goods, as would be customary in a store, is permitted. For goods bearing a special hygiene sticker or seal, this only applies if the sticker, seal, or seal has not been opened.
§3.2 In addition, you are entitled to the statutory right of withdrawal described in Section 4.
§4 Statutory cancellation policy
§4.1 Right of withdrawal
You have the right to withdraw from this contract within 30 days without giving any reason.
The cancellation period shall be 30 days from the day on which you or a third party other than the carrier designated by you takes possession of the last goods.
To exercise your right of withdrawal, you must inform us (Markement GmbH, EVITA Onlineshop, Max-Eyth-Str. 8, D-71144 Steinenbronn, Fax 0711 12012-222, by email shop@evita.moda) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email).
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.
§4.2 Consequences of revocation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract to
Markement GmbH
EVITA online shop
Max-Eyth-Str. 8
71144 Steinenbronn
The return period is deemed to have been met if you send the goods before the expiration of the above-mentioned deadline. You will bear the direct return shipping costs yourself if the return is made from a shipping location outside of Germany. For returns within Germany, we will provide you with a free return label.
You only have to pay for any loss of value of the goods if this loss of value is due to handling by you which is not necessary to check the quality, properties and functioning of the goods.
§4.3 Cancellation form
(If you wish to cancel the contract, please fill out this form and return it.)
To
Markement GmbH
EVITA online shop
Max-Eyth-Str. 8
D-71144 Steinenbronn
Fax: 0711 12012-222
by email shop@evita.moda
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
Ordered on (*)/ received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if notification is made on paper)
Date
___________________
(*) Please delete as appropriate.
§5 Delivery/Shipping costs
Unless otherwise agreed, delivery will be made from EVITA’s warehouse to a delivery address specified by the customer.
We ship within approximately 1-3 business days of the order date, provided your data has been verified (credit check, identity verification) without any issues.
If EVITA is unable to deliver the ordered goods through no fault of its own, e.g., because EVITA's supplier fails to fulfill its contractual obligations or a quality defect is discovered during the initial inspection, EVITA is entitled to withdraw from the contract with the customer. In this case, the customer will be informed immediately that the ordered product is not available. The customer's statutory rights remain unaffected.
§6 Prices and payment methods
§6.1 The prices stated at the time of order apply. All prices include the applicable VAT, excluding packaging and shipping costs at the time of order.
§6.2 Payment for goods can be made using the payment methods suggested during the ordering process, subject to the terms and conditions stated therein. We reserve the right to exclude certain payment methods depending on the outcome of the verification of your data (identity and credit check).
§6.3 Should you default on payment, we reserve the right to charge reminder fees. In the event of late payment, you agree to reimburse us for all costs, expenses, and cash outlays incurred in pursuing our claims. This includes, without prejudice to any obligation to reimburse costs under procedural law, all out-of-court costs of any debt collection agency or attorney appointed by us.
§6.4 All listed item prices apply only to orders from Germany and Austria and only at the time of the order. Upon updating the Evita Shoes website, all previous prices and other information about goods become invalid. The version valid at the time of the order shall prevail.
§7 Payment conditions
You can find out about our current payment methods at https://www.evita.moda/Kundenservice/Informationen/.
§7.1 EVITA reserves the right to exclude certain payment methods, reject the customer's offer, or withdraw from the contract if EVITA's claim to the purchase price is at risk. This is the case, for example, if previous orders from the customer were accompanied by a chargeback (negative indicator).
§7.2 If payment by direct debit has been agreed, the customer must bear the costs charged to EVITA by the participating banks for returned direct debits due to their fault, in particular due to insufficient funds in the account, as well as a processing fee of EUR 5.00, unless EVITA proves higher damages or the customer proves lower damages. For payments by direct debit, there is a maximum limit (purchase value) of EUR 500.00. This limit applies to the entire customer account and also includes outstanding amounts from previous invoiced orders. Payment by direct debit is only possible for consumers aged 18 and over.
§8 Retention of title
The goods remain our property until full payment has been made.
§9 Warranty
Unless expressly agreed otherwise, the statutory warranty provisions apply.
§10 Copyright and trademarks
All content on the website, including text, graphics, photographs, images, moving images, sounds, illustrations, and software, is our property or that of our affiliated companies, licensors, and/or content providers. This content is protected by copyright and other laws. Its use is permitted only with our express consent.
Unless otherwise indicated, all trademarks used on the website are our trademarks. They may not be used without our prior written permission.
§11 Liability for defects
§11.1 The customer's claims against EVITA for defects are governed by the statutory provisions within the statutory time limits, unless otherwise provided for in the following regulations. The statutory warranty period is currently two years.
§11.2 Damage caused by improper or contractually-contravening actions by the customer does not constitute a claim against EVITA. Unless otherwise stated below, further claims by the customer, regardless of the legal grounds, are excluded. EVITA is therefore not liable for damages that did not occur on the delivered item itself; in particular, EVITA is not liable for lost profits or other financial losses of the customer. To the extent that EVITA's contractual liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
§11.3 The above limitation of liability shall not apply if the cause of the damage is based on intent or gross negligence, or if personal injury occurs. Furthermore, it shall not apply if the customer asserts statutory claims.
§11.4 If EVITA negligently breaches a material contractual obligation, liability for property damage is limited to the damage typically incurred.
§11.5 When purchasing a used item, the customer's claims for defects expire one year after receipt of the goods.
§11.6 The customer is asked to report any obvious defects or transport damage to EVITA immediately.
§12 Data protection
By placing your order, you agree to the electronic storage of your data. Our data protection practices comply with legal regulations. Details on the collection and use of your data can be found in our privacy policy at https://www.evita.moda/Information/Data Protection/
§13 Applicable law
The contractual relationship with you is governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
Should one or more provisions of these Terms and Conditions be invalid, this shall not invalidate the entire contract. The invalid provision shall be replaced by the relevant statutory provision.
§14 Operator of the online shop
Markement GmbH
In the Schranne 25
70569 Stuttgart
(No returns can be accepted at this address!)
HRB 19950 (Stuttgart District Court)
VAT ID: DE 200 902 770
Managing Director: Stephan Keck